Clarke v. Community Unit School District 303

Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2014 IL App (2d) 131016
Decision Date: 
Wednesday, December 3, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
SPENCE
Court issued writ of mandamus as to reorganization of two schools. Although court found that school's 2011 Reorganization Plan failed to comport with No Child Left Behind Act and provisions of School Code and regulations implementing Act, that finding did not render entire plan null and void. Court found that part of Plan reconfiguring two schools was within school district's general power or discretion under School Code. As the decision to reconfigure schools was discretionary, court did not err by leaving that part of Plan intact when issuing remedy. U.S. Department of Education approved Illinois' 2014 request for waiver from mandates of Act. Thus, on remand, court is to reconsider remedy in light of that waiver. (ZENOFF, concurring; McLAREN, dissenting.)