Schools

Dianne Barrett's Suit Against D86 Continues, Takes On Board's New Access Policy

District 86 has filed a motion for sanctions against the board member and her lawyers seeking reimbursement for costs related to latest hearing.

Dianne Barrett’s lawsuit against took a new turn at a hearing in Wheaton Tuesday and an end, for now, does not appear to be in sight.

Though DuPage Judge Thomas Dudgeon stood by based on her standing as a board member, he opened the door for her lawyers at the Center for Open Government to argue against the legality of a board policy approved on March 19 demanding that all board members who request records not available to the public demonstrate how those records will help them fulfill their duty as a board member.

Tuesday’s hearing was set in response to that still sought complete access to un-redacted student records as well as the court’s declaration of the new board policy illegal. Dudgeon said he did not accept the third complaint as it was presented Tuesday because he already ruled that Barrett’s status as a board member does not give her access to all student records under the Illinois Student Records Act (ISRA) and rejected a March motion by Barrett to reconsider the ruling.

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“I denied that as a matter of law,” the judge said of Barrett’s student-record access.

Dudgeon did, however, tell Center for Open Government executive director Natalie Brouwer Potts to come back on July 9 with a refined complaint that addresses the above-mentioned board policy, which can be read in full here on the district's website.

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He indicated that because of the policy’s timing, arguments against it would be considered even though it deals with a similar issue of board member access to records.

“I think this is a new issue because it concerns a policy directive adopted by the board clearly after [the November ruling],” Dudgeon said.

Potts said she thinks the new policy gives board members even fewer rights than they had when Barrett’s suit was first filed over access to un-redacted special education documents.

“Now it’s the district denying access to all records unless board members jump through hoops,” Potts said. “It’s bigger and badder.”

To be clear, the board policy only pertains to documents "which are not available to the public."

Also to be considered at the July hearing is a motion for sanctions filed by the district against Barrett and her lawyers.

District 86 attorney James Petrungaro said the sanctions would demand that Barrett and her attorneys pay for legal costs accumulated by the district related only to Tuesday’s hearing, since a case for student-record access was again argued by Barrett's side despite already being ruled on.

Potts said she thinks the district’s motion for sanctions is “ridiculous” and not legally supported.

“The plaintiff shouldn’t be penalized for zealously pleading her case,” Potts said.

The July 9 hearing is scheduled for 8:30 a.m. It will likely be the last time the case is on Dudgeon’s call. He has been reassigned to family court and, after ruling on the motion for sanctions, will pass the case along to Judge Paul Fullerton, his replacement in chancery court.


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