Shephard v. Regional Board of School Trustees of De Kalb County

Illinois Appellate Court
Civil Court
School Code
Citation
Case Number: 
2018 IL App (2d) 170407
Decision Date: 
Wednesday, March 28, 2018
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Plaintiffs petitionerd Regional Board of School Trustees to detach their properties from boundaries of DeKalb School District and annex them into boundaries of Sycamore School District. Board denied petition, after hearing, and court affirmed Board's decision. Plaintiffs raised concern that in 2014 incident, several students and faculty at elementary school in DeKalb School District had been hospitalized for exposure to carbon monoxide fumes from nearby landfill. Prior version of School Code allowed Regional Board to consider multiple factors simultaneously in ruling on detachment petition, amended (2016) version requires Regional Board to first determine that there would be a significant direct educational benefit to petitioners' children if petition were granted.Board's decision was not against manifest weight of evidence, as landfill incident was an isolated event not likely to reoccur.(HUDSON and SPENCE, concurring.)