The Board of Education of Marquardt School District No. 15 v. The Regional Board of School Trustees of Du Page County

Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2012 IL App (2nd) 110360
Decision Date: 
Tuesday, April 24, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
BURKE
Petitioners from two subdivisions sought to detach their territory from boundaries of two school districts and to annex it into boundaries of two other school districts. Only the petitioners who submitted the petition could remove petition to State Superintendent. Board erred in its application of "whole child" and "community of interest" factors, as detachment would have effect of allowing affluent homeowners to change school boundaries so their children would attend less integrated districts. Petitioners failed to present evidence showing annexation would increase likelihood of participation in school or extracurricular activities, or would provide sufficient benefit to educational welfare of future students in territory. (BOWMAN and SCHOSTOK, concurring.)