The parents of a second-grade child with disabilities are suing Galesburg District 205 in federal court, claiming the district’s insistence on placing their child in a separate special education school violates federal law.
The lawsuit, filed July 15 in the U.S. District Court for the Central District of Illinois, identifies the plaintiffs only by the initials of the parents and the child. TSPR is not including the initials or names of the plaintiffs to protect the identity of a minor with disabilities.
In a 20-page complaint, the plaintiffs allege the district wanting to place the child at High Road School in Peoria violates a requirement of the Individuals with Disabilities Education Act that stipulates a child with a disability should be educated in the “least restrictive environment.”
The complaint states the child started kindergarten two years ago at King Elementary School, then started first grade there last year in a general education classroom.
In September 2023, the district began the special education evaluation process, which led to the child being placed in a special education classroom at Silas Willard Elementary School. In December of that year, the district developed an Individualized Education Program that placed the child at High Road in Peoria.
But the parents argue that Silas can implement the supports, services, and accommodations outlined in the IEP that was written by the district. They also allege a state hearing officer erred when ruling it was not possible for the school district to provide any additional supports to the child at Silas.
The parents’ opposition to the placement invoked the stay put provision of federal special education law, which allows a child to stay in their current educational placement until a dispute is resolved.
The district’s answer to the complaint, filed Sept. 24, denies the child’s rights are being violated.
The school district’s attorneys filed a motion for a temporary restraining order and preliminary injunction. They say the child exhibits aggressive behaviors including hitting, punching, kicking, biting, and throwing items — and that the child “poses an immediate threat to the safety of others.”
The parents and the district agree, according to court records, that the majority of the child’s challenges are inappropriate verbal responses, but that the child can become physically escalated. They also agree the child enjoys science, is very good at math, and has both a good sense of humor and excellent conversational skills.
The Illinois State Board of Education was also named in the lawsuit, but only for the purpose of filing the administrative record, and has since been dropped from the case.
The plaintiffs are asking the court to overturn the hearing officer’s decision and order the school district to provide the child an education in the least restrictive environment.
They’re also seeking to be awarded attorney fees, costs, and expenses.
A hearing on the merits of the plaintiffs’ complaint is set for Oct. 21.
Superintendent John Asplund confirmed the lawsuit was related to special education and said the case is ongoing, but declined further comment.
TSPR also requested a summary of the school district’s legal fees in the case. Between November 2023 and the end of August 2024, the school district spent $58,375.76. The school district is represented by Miller, Tracy, Braun, Funk & Miller, Ltd. of Monticello.
Charles Wysong, an attorney with Hughes, Socal, Piers, Resnick & Dym Ltd. of Chicago, represents the plaintiffs. He told TSPR with the lawsuit pending, the firm has no comment at this time.
Galesburg District 205 previously was part of the Knox Warren Special Education District, which serves schools in both counties, but withdrew from the co-op in 2017 as a cost-savings measure.
