Galesburg school board faces decision on federal lawsuit appeal

The Galesburg Board of Education on Monday will consider whether to move forward with the appeal a federal lawsuit involving the rights of a student with a disability.

In December, a federal judge reversed a previous administrative ruling and ordered Galesburg District 205 to keep a student with disabilities in the Galesburg school system instead of a school in Peoria. The judgment, filed Dec. 6 in the U.S. District Court for the Central District of Illinois, ruled in favor of a lawsuit filed by the child’s parents.

The agenda item for Monday’s meeting reads: Consideration and Action to authorize an appeal of the District Court ruling in Case No. 4:24-CV-04124.

John Asplund, District 205 superintendent of schools, tells WGIL it’s up to school board members how to phrase the motion — whether they vote to appeal, or vote to not appeal. He said the board is required to take a roll call vote on the potential appeal in open session, but noted the board cannot discuss details of the case due to the Illinois State Records Act.

If the board moves forward with an appeal to the United States Court of Appeals for the Seventh Circuit, Asplund said it take up to a year for the case to be heard, depending on case load of the court.

“It could be sooner, too,” Asplund said. “We just have no idea.”

WGIL reported on Oct. 11 that attorneys representing Galesburg school board member Pamella Bess-Tabb and her husband filed a federal lawsuit against District 205 and the Illinois State Board of Education, claiming they failed to guarantee their child an appropriate education as required by the Individuals with Disabilities Education Act.

According to court documents, the parents initiated the lawsuit to enforce their child’s “right to attend school along with children who do not have disabilities, and with appropriate supports and services.”

The case contended District 205 was in error when it adopted an Individualized Education Program (IEP) to send the student to a school for children with disabilities located in Peoria.

Attorneys for Galesburg District 205 met the requirement to file a notice of intent to appeal within 30 days from the entry of the judgment in the case.

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