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Hearing set for District 303's motion to dismiss appeal in lawsuit ruling

Published: Thursday, Dec. 26, 2013 5:28 p.m. CDT

GENEVA – A lawsuit against St. Charles School District 303 over the reconfiguration of Davis and Richmond schools will go before a judge in Geneva next month. The hearing will be on the school district's motion to dismiss the appeal of a ruling earlier this year.

Tim Dwyer, attorney for the parents, appeared before Judge F. Keith Brown on Thursday and agreed to a hearing on Feb. 26 to discuss the district's motion to dismiss the appeal.

He said the school district removed the case to federal court, but on Dec. 19 the federal court granted the parents' motion to send the appeal back to state court. The hearing is scheduled at 9:30 a.m.

A group of parents had alleged that District 303 circumvented No Child Left Behind regulations when it converted Davis and Richmond in 2011 into K-2 and 3-5 schools, respectively.

Kane County Judge David Akemann had ruled in favor of the parents after a bench trial that was held in July, ordering the district to to take corrective action in developing a revised School Improvement Plan and Corrective Action Plan for children in the Davis-Richmond school buildings.

Akemann did not order the district to put the schools back the way they were before the reconfiguration, and he rejected parents' request to do so in September. Instead, he ordered District 303 to “perform its mandated functions” in crafting a school improvement plan for Richmond and Davis students under the guidelines of No Child Left Behind.

In October, the parents who brought the lawsuit against District 303 appealed Akemann's refusal to undo the merger.

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