The fallout from a judge’s decision Friday to dismiss a lawsuit filed by a board member against the president of the board of education and the superintendent spread over Monday night’s school board meeting like an angry dark cloud.
Board member Dianne Barrett had sought a court order to gain access to documents pertaining to the district’s special education program.
But , citing restrictions delineated in the Illinois Student Records Act. Board President Dennis Brennan, named as a defendant in the suit along with Superintendent Nicholas Wahl, passed out a copy of the judge’s order to board members Monday night during their regular monthly meeting at .
“This case cost us over $50,000 to defend,” Brennan said. “In the six-and-a-half years I’ve been on this board, I’ve never seen any other board member waste $50,000 in one swoop.”
“I did not request that the district spend $50,000,” Barrett responded. “We have a law firm that I believe, at times, has charged the district more than I would anticipate.”
Brennan read a portion of the order, which said a school official has a right to access the type of student records Barrett sought only if the official has a “current, demonstratable educational or administrative interest in the student.”
“That’s exactly what I had,” Barrett said, “an interest in the student.”
“This says you don’t,” said Brennan, referring to the judge’s order. “Thanks for wasting 50 grand. … I’ll ask you to now pay the district back.”
Board member Richard Skoda took exception to Brennan passing out of copies of the judge’s order.
“Mr. Brennan, I would hope you’d make a precedent, when all legal matters are concluded that the district is involved [in], of also alerting the board and the audience and also posting all of them on the website, and not just cherry-picking … issues.”
“Well, I could do that,” Brennan said. “I can tell you we have a very good record of, when we’re sued, winning.”
Brennan said he hoped this would be the end of the litigation on the matter, noting that an appeal would cost the district additional legal fees. Barrett said she had not decided whether to appeal.
“I have 30 days to make my decision,” she noted.
Barrett once again defended her decision to seek a court order giving her access to the documents, saying there were “a lot of unhappy parents” of special education students in the district.
“I decided it was in the best interest of myself to find out what the problems were in the special ed department,” she said. “I hope that this board will now have a discussion as to whether we look at those documents as board members before I decide whether I’m going to appeal or not.”
You are out of line! You clearly are confident you always win in Dupage Court House. Hmm. Well Diane Barrett was correct in asking for certain documents. I think it is time she redraft her complaint and bring it out of Dupage County to a higher court. Miss allegations of funds, non testing of students, graduating students that have 7 credits, mediation settlements. Why the Board voted two years early for your contract is astonishing to me. Why can't President Obama just change when he wants his election? Again laws are in place for a reason, you Mr. Brennan at the expense of the students and tax PAYERS dollars, is a disgrace to such a fine School. I believe the books should be opened up to prove tax PAYERS , the waste and the cover up in this district. Mediation Loans Testing vs non tested students Graduates who graduated and who did not. Your salary should also be reviewed over 200,00, was your salary negotiated 2 years prior as long with your early election with no notice to the tax PAYERS? Thank you Dianne for doing your best to help create a transparency in this district. Why such hush hush makes anyone think something is going on.
Has much better things to do with her time. The hidden documents will eventually be shown and the horrific situation that follow are even worse then the hidden documents. Dianne Barrett is an out standing strong person to take on Dupage County Special Ed Dept and District 86.
Your commments show that you are clueless. The complaint was dismissed. You can't redraft the complaint and get another shot at it in the appellate court. She's stuck with what her attorney drafted. Please refrain from making statements when you don't know what you are talking about. It gives the Barrett/Skoda people a bad reputation. Or at least a worse reputation!
The document Mr. Leigh provided states that the “best” school board member has “the willingness to spend the time required to become informed and to do the homework needed to take part in effective school board meetings.” Indeed, a board member’s authority rests with voting on final decisions – those decisions that ultimately affect the students’ everyday lives. In addressing whether Dianne had a legitimate interest, under the requirements of the Illinois School Student Records Act, it seems to me that making informed decisions qualifies. The fact is, Dianne was attempting to do just that but has been denied the opportunity.
I for one am thrilled at the idea that someone is passionate enough about the special education program to attempt to carry out her request in the face of such severe adversity. Dianne should be commended, not criticized.
I cannot believe that the Court has allowed the district to hide behind its partial compliance with the applicable Illinois laws. Somehow by giving her some, but not all the documents they have met their burden. That's like me ordering a hamburger and McDonald's only giving me the bun and a tomato! That she recieved some records and not others completely missed the point. Dianne is a school board member and as such should a right to access ANY and ALL documents related to her duties as a school board member. The burden should not be on her to show what she hopes to find in a document she has not read! Let's not forget that as a school board member, she is required to keep private information private.
Get your facts straight...Special Education Students do NOT graduate. They receive a completion of credit hours not a diploma.
In the interest of transparent and honest dialogue, Patch strongly encourages the use of first and last names when making comments. We will take down comments from anonymous commenters if we feel the content of the comment is offensive or if it is unrelated to the topic of the story.
It makes me wonder about people like woody who claim they are for the taxpayers but then turn a blind eye to Miss Barrett's actions. Woody may not like the board president or superintendent but at least they are consistent.