Fixmer v. Regional Bd. of School Trustees of Kane County, No. 2-85-0814

CourtUnited States Appellate Court of Illinois
Writing for the CourtWOODWARD
Citation100 Ill.Dec. 272,146 Ill.App.3d 660,497 N.E.2d 152
Docket NumberNo. 2-85-0814
Decision Date26 August 1986
Parties, 100 Ill.Dec. 272, 34 Ed. Law Rep. 861 Connie L. FIXMER, et al., Plaintiffs-Appellants v. REGIONAL BOARD OF SCHOOL TRUSTEES OF KANE COUNTY Illinois, et al., Defendants-Appellees.

Page 152

497 N.E.2d 152
146 Ill.App.3d 660, 100 Ill.Dec. 272,
34 Ed. Law Rep. 861
Connie L. FIXMER, et al., Plaintiffs-Appellants
v.
REGIONAL BOARD OF SCHOOL TRUSTEES OF KANE COUNTY Illinois,
et al., Defendants-Appellees.
No. 2-85-0814.
Appellate Court of Illinois,
Second District.
Aug. 26, 1986.

Page 153

[146 Ill.App.3d 661] [100 Ill.Dec. 273] Larry M. Amoni, Aurora, for plaintiffs-appellants.

Thomas K. Prindable, (Randy K. Johnson, of counsel), Batavia, for defendants-appellees.

Justice WOODWARD delivered the opinion of the court:

This appeal involves a petition for detachment and annexation of a subdivision known as Lakeside of Sans Souci (hereinafter referred to as "Lakeside"). The detachment of Lakeside is sought from Kane County Unit School District No. 302 (hereinafter "Kaneland district") which is located in both DeKalb and Kane Counties and the annexation of Lakeside is sought to West Aurora School District No. 129 of Kane County (hereinafter "Aurora district"). Lakeside is comprised of approximately 56.6 acres which lies within the corporate limits of the City of Aurora.

The petition for detachment and annexation was properly signed and filed with the Regional Board of School Trustees of Kane County pursuant to the statutory requirements of Section 7-1 of the Illinois School Code (Ill.Rev.Stat.1983, ch. 122, par. 7-1.) In accord with section 7-6 of the School Code (Ill.Rev.Stat.1983, ch. 122, par. 7-6), the Regional Board of School Trustees of Kane County convened and heard evidence concerning the petition. Thereafter, the board denied said petition. Upon administrative review of the Regional Board's decision under Section 7-7 of the School Code (Ill.Rev.Stat.1983, ch. 122, par. 7-7), the circuit court affirmed the decision of the Board. This appeal is taken from the order of the circuit court affirming the Board's denial of the petition.

The facts are not in dispute. Petitioners are residents of Lakeside, a single-family residential subdivision having 110 lots; 32 of the lots are improved with homes and 23 of the homes were occupied when the detachment petition was filed. Lakeside, as part of Kaneland district, is bordered on the north, east and partially to the west, by single-family residential property that is part of the Aurora district to which annexation is sought. When the detachment petition was filed, five children from Lakeside were attending public school in the Kaneland district. The distance those children traveled to attend classes in the Kaneland district was approximately 15-16 miles, in one direction. If the detachment area were annexed to the Aurora district, the distance to be traveled would be reduced to less than three miles to attend the appropriate elementary, junior high or high school. The Aurora district has an approximate enrollment of 8,000 students; Kaneland district in comparison has a total of 2,000 students.

There was testimony from two experts at the hearing before the [146 Ill.App.3d 662] Regional Board. Lakeside's expert, Dr. Keith Getschman, testified that based primarily upon the relative distances for Lakeside children to attend schools in Kaneland or Aurora districts, those children residing in Lakeside

Page 154

[100 Ill.Dec. 274] would most naturally associate socially with children in the Aurora district. Dr. Getschman was of the opinion that it is best for children to have a common body of associations and friends with whom they interact in school and in their community. Though he did not feel that there was necessarily any physical or psychological detriment to children resulting from the increased travel time for Lakeside students attending the Kaneland district school, he felt less travel time did mean greater opportunities for participation in extracurricular activities. In relation to such activities, Dr. Getschman did acknowledge that normally in a smaller educational setting there would be found greater extracurricular participation. In his estimation both school districts offered appropriate curriculum to meet the normal educational needs of students. Dr. Getschman did not talk with any of the Lakeside pupils attending Kaneland district school.

Dr. Ray Bandlow, the Superintendent of Kaneland district, testified as an expert for the Kaneland district. He pointed out that the Kaneland district included a number of subdivisions similar in character and geographical delineations to Lakeside; he stated that it was not unusual for the school children in the district to associate with other children from other communities in addition to their affiliations with the Kaneland district. As an example of an "inter-community" activity, he mentioned the Tri-Cities Soccer League which includes Kaneland district students and students from other school districts. Dr. Bandlow concurred with Dr. Getschman regarding the integral role extracurricular activities, including athletics, occupy in a student's overall normal growth. However, Dr. Bandlow pointed out that 70% of students in the Kaneland district did participate in one or more extra-academic school activity or athletic program. He related that over 50% of the children in the seventh and eighth grades in his district participated in track. He noted that the distance some students had to travel created special problems and that in response the school booster club provides a player bus to transport students who remain after school for practice.

The academic reputation of Kaneland district was another basis for Dr. Bandlow's opposition to detachment and annexation of Lakeside; he stated that Kaneland students outscored other elementary students nationally at an 82% level on the National Iowa Basic Skills Test; that high school academic performance showed ACT scores higher than the other area high schools. In addition, Dr. Bandlow stressed the significance of continuity in social and educational activities and the unnecessary[146 Ill.App.3d 663] disruption that would be...

To continue reading

Request your trial
13 practice notes
  • Bd. of Educ. of Du Page High Sch. Dist. 88 v. Pollastrini, No. 2–12–0460.
    • United States
    • United States Appellate Court of Illinois
    • 29 Agosto 2013
    ...attending school should be considered over the possible impact on future children. Fixmer v. Regional Board of School Trustees, 146 Ill.App.3d 660, 665–66, 100 Ill.Dec. 272, 497 N.E.2d 152 (1986); see also Phillips v. Special Hearing Board, 154 Ill.App.3d 799, 807, 105 Ill.Dec. 733, 504 N.E......
  • Waste Management of Illinois, Inc. v. Pollution Control Bd., No. 2-88-0212
    • United States
    • United States Appellate Court of Illinois
    • 7 Noviembre 1988
    ...154 Ill.App.3d 89, 100, 106 Ill.Dec. 665, 506 N.E.2d 372; Fixmer v. Regional [175 Ill.App.3d 1031] Board of School Trustees (1986), 146 Ill.App.3d 660, 666, 100 Ill.Dec. 272, 497 N.E.2d 152), and, as such, a reviewing court should not reweigh conflicting testimony. McHenry County Landfill, ......
  • Phillips v. Special Hearing Bd. of Boone-Winnebago Counties, BOONE-WINNEBAGO
    • United States
    • United States Appellate Court of Illinois
    • 16 Diciembre 1986
    ...interests of the affected district and the educational welfare of the pupils. (See Fixmer v. Regional Board of School Trustees (1986), 146 Ill.App.3d 660, 664, 100 Ill.Dec. 272, 497 N.E.2d 152; Board of Education v. Regional [154 Ill.App.3d 805] Board of School Trustees (1980), 84 Ill.App.3......
  • Dresner v. Regional Bd. of School Trustees of Kane County, No. 300
    • United States
    • United States Appellate Court of Illinois
    • 10 Diciembre 1986
    ...pupils' welfare to allow the change of boundaries is on petitioners (Fixmer v. Regional Board of School Trustees of Kane County (1986), 146 Ill.App.3d 660, 664, 100 Ill.Dec. 272, 497 N.E.2d 152), we find that the decisions of the regional school boards and the order of the circuit court are......
  • Request a trial to view additional results
13 cases
  • Bd. of Educ. of Du Page High Sch. Dist. 88 v. Pollastrini, No. 2–12–0460.
    • United States
    • United States Appellate Court of Illinois
    • 29 Agosto 2013
    ...attending school should be considered over the possible impact on future children. Fixmer v. Regional Board of School Trustees, 146 Ill.App.3d 660, 665–66, 100 Ill.Dec. 272, 497 N.E.2d 152 (1986); see also Phillips v. Special Hearing Board, 154 Ill.App.3d 799, 807, 105 Ill.Dec. 733, 504 N.E......
  • Waste Management of Illinois, Inc. v. Pollution Control Bd., No. 2-88-0212
    • United States
    • United States Appellate Court of Illinois
    • 7 Noviembre 1988
    ...154 Ill.App.3d 89, 100, 106 Ill.Dec. 665, 506 N.E.2d 372; Fixmer v. Regional [175 Ill.App.3d 1031] Board of School Trustees (1986), 146 Ill.App.3d 660, 666, 100 Ill.Dec. 272, 497 N.E.2d 152), and, as such, a reviewing court should not reweigh conflicting testimony. McHenry County Landfill, ......
  • Phillips v. Special Hearing Bd. of Boone-Winnebago Counties, BOONE-WINNEBAGO
    • United States
    • United States Appellate Court of Illinois
    • 16 Diciembre 1986
    ...interests of the affected district and the educational welfare of the pupils. (See Fixmer v. Regional Board of School Trustees (1986), 146 Ill.App.3d 660, 664, 100 Ill.Dec. 272, 497 N.E.2d 152; Board of Education v. Regional [154 Ill.App.3d 805] Board of School Trustees (1980), 84 Ill.App.3......
  • Dresner v. Regional Bd. of School Trustees of Kane County, No. 300
    • United States
    • United States Appellate Court of Illinois
    • 10 Diciembre 1986
    ...pupils' welfare to allow the change of boundaries is on petitioners (Fixmer v. Regional Board of School Trustees of Kane County (1986), 146 Ill.App.3d 660, 664, 100 Ill.Dec. 272, 497 N.E.2d 152), we find that the decisions of the regional school boards and the order of the circuit court are......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT