Helmig v. John F. Kennedy Community Consol. School Dist. No. 129, LaSalle County
| Decision Date | 10 March 1993 |
| Docket Number | 3-92-0881 and 3-92-0882,Nos. 3-92-0808,3-92-0809,s. 3-92-0808 |
| Citation | 182 Ill.Dec. 728,241 Ill.App.3d 653,610 N.E.2d 152 |
| Parties | , 182 Ill.Dec. 728, 81 Ed. Law Rep. 992 Charles W. HELMIG III, Carolyn M. Helmig, et al., Plaintiffs-Appellants, v. JOHN F. KENNEDY COMMUNITY CONSOLIDATED SCHOOL DISTRICT # 129, LASALLE COUNTY, Illinois; Oglesby Elementary School District # 125, LaSalle County, Illinois, et al., Defendants-Appellees. Fred L. CARUS, Cynthia E. Carus, et al., Plaintiffs-Appellants, v. JOHN F. KENNEDY COMMUNITY CONSOLIDATED SCHOOL DISTRICT # 129, LASALLE COUNTY, Illinois; Ogelsby Elementary School District # 125, LaSalle County, Illinois, et al., Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Charles W. Helmig, III, argued, Peru, for Charles W. Helmig, III, Carolyn M. Helmig, Charles W. Helmig, IV, Carrie M. Helmig, James M. Helmig, Mark J. Tondi, Pam Tondi, Ronnie J. Tondi and Carol F. Tondi.
Scott Ganassin, argued, Douglas J. Schweickert & Assoc., Peru, for Fred L. Carus, Cynthia Carus, Carusbrooke Farms, Inc. and Citizens 1st Nat. Bank.
William R. Banich, William R. Banich, P.C., LaSalle, James Brusatte, argued, Asst. State's Atty., Ottawa, for William F. Novotney and Reg. Bd. of School Trustees.
Heidi A. Katz, argued, Everett E. Nicholas, Jr., Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, for John F. Kennedy School Dist.
Allen J. Oehlert, argued, Loewenstein, Hagen, Oehlert & Smith, P.C., Springfield, for Carolyn Schultz and Gail Sunken.
The Board of Education of John F. Kennedy Community Consolidated School District No. 129 (JFK) and the Board of Education of Oglesby Elementary School District No. 125 (Oglesby) jointly petitioned the LaSalle County Regional Board of School Trustees (regional board) to dissolve JFK and annex its territory to Oglesby. The regional board approved the petition. Two groups of objectors then filed separate cases as plaintiffs in the circuit court, seeking administrative review and reversal of the regional board's decision. The cases were consolidated, and the court affirmed the decision of the regional board. The plaintiffs then filed this appeal. We affirm.
On May 21, 1992, the JFK and Oglesby boards of education each voted unanimously to petition the regional board of school trustees to dissolve JFK and annex its territory to Oglesby. On June 17, 1992, the regional board held a hearing on the petition.
JFK superintendent and principal, John Josephson, testified in support of the petition. Josephson stated that the dissolution of JFK and annexation to Oglesby was in the best interest of the districts and the educational welfare of the students. JFK had a total of thirty-seven enrolled students and four full-time teachers at the end of the 1991-92 school year. Each teacher was responsible for all instructional area for her class, including art, music and physical education. One teacher was responsible for six students in preschool and kindergarten; one teacher taught eleven students in the first and second grades; one teacher taught twelve students in the fourth and fifth grades; and one teacher taught nine students in the sixth and seventh grades. JFK had no students in the third or eighth grades.
Josephson testified that Oglesby's educational program was far superior to what JFK offered. JFK levied taxes at the maximum allowable rates, and had issued successively larger tax anticipation warrants (TAW's). JFK's last TAW was in the maximum amount allowed by statute. Because of decreasing assessments and declining enrollment, JFK's financial condition was worsening and the district had been placed on the Illinois State Board of Education's financial watch list. In March of 1992, voters defeated a tax increase referendum by a margin of three to one. Thus, JFK was facing additional reductions in staff and support services.
Richard Verucchi, a member of the JFK board of education, testified about the district's worsening financial condition. He stated that the JFK board investigated possible annexation to neighboring districts and found that Oglesby was the best alternative. This conclusion was based in part upon geography, sports, social and church activities between residents in the two districts, and the sense that Oglesby welcomed JFK's students and had already developed a plan to integrate them into the Oglesby school system.
JFK board member Linda Mudge testified about the results of a survey conducted among JFK district residents. Out of 179 responses, 29 persons favored repeating the defeated referendum, 31 favored a referendum for a smaller increase, 100 favored dissolving the district and annexing to a neighboring district, 17 voted to delay consolidation for one year, and 2 voted to annex or consolidate without indicating a time preference. Of the 119 persons favoring annexation, 78 preferred Oglesby, 28 preferred Peru, 3 preferred Tonica, 2 had no preference, and 8 listed multiple choices including Oglesby.
Mudge testified that she believed Oglesby to be the best choice. She based this upon the expressed preferences of JFK residents, the attitude of Oglesby representatives, and Oglesby's small-school atmosphere which was similar to JFK. Students from both JFK and Oglesby attend LaSalle Peru High School, and many JFK residents participate in sports activities and attend church in Oglesby.
JFK board president Lance Korter testified about the tentative plans for the JFK school property. JFK had entered into an intergovernmental agreement with the Village of Cedar Point. Under this agreement, Cedar Point would use the school building for municipal offices and garage space. Thus, taxpayers would continue to derive a public benefit from the property.
Dr. James Boyle, superintendent of Oglesby, testified that if JFK were annexed into Oglesby, the latter's population would increase from 4,500 to 5,100, and the student enrollment would increase from 323 to 360. Like JFK, Oglesby is on the State Board of Education's financial watch list. However, Oglesby's finances would be markedly enhanced if JFK were annexed. State incentive payments to Oglesby accompanying the consolidation would total over one million additional dollars.
JFK and Oglesby had entered into a pre-annexation agreement. Under this agreement, one JFK teacher was assured employment in Oglesby, and other JFK teachers would be given priority consideration for future recalls and substitute teaching work. However, after the districts approved the agreement, Oglesby reexamined its needs and unilaterally offered all four JFK teachers employment if annexation occurred.
Boyle testified about Oglesby's transition services and programs. These included two informational meetings for JFK residents, special computer instruction for incoming seventh and eighth graders from JFK, and two places on the cheerleading squad which were being held open for JFK students. According to Boyle, granting the petition was clearly in the best interest of the two districts.
Robert Meehan, principal of Oglesby's two elementary schools, provided in-depth analysis of the district's curricular format. Features of Oglesby's programs not available in JFK included certain preschool and kindergarten options, special teachers for art, music and physical education, as well as social studies, math, science and computer education at the junior high level, meal programs, morning supervision for students dropped off early, computer education, in-district special education programs, a junior high gifted student program, and a wider range of extra-curricular activities. Oglesby also offers more readily available psychological, social work and speech services. According to Meehan, Oglesby could easily absorb JFK's students, and granting the petition would have no adverse effect upon the curricular and extracurricular opportunities that Oglesby offers.
Oglesby board president Christine Paul testified that the annexation of JFK to Oglesby was in the best interest of the students and the two districts. Paul stated that it was Oglesby's intention to hire all four JFK teachers if annexation occurred.
Several other persons testified in support of the petition. Susan Nelson, a second grade teacher and president of the Oglesby Elementary Teachers Union, said that because of the educational opportunities available at Oglesby, granting the petition was in the best interest of the students. JFK teachers Carolyn Schultz and Gail Sunken supported the petition, provided their statutory rights were honored and their tenure and seniority were transferred to Oglesby.
Two groups of residents filed objections and spoke in opposition to the JFK-Oglesby petition. The first group of plaintiffs was the Carus family. Frederick Carus, a resident in the Peru Township portion of JFK, stated that he does not oppose dissolution. However, in his opinion, the JFK board did not give enough consideration to splitting up its territory between the Tonica, Oglesby and Peru districts. Cynthia Carus testified that her family orients toward Peru, and prefers to be a part of Peru's educational system.
The second group of plaintiffs consisted of members of the Helmig family who reside in the Peru township portion of JFK. Attorney Charles Helmig stated that members of his extended family would be better served by being in Peru rather than Oglesby. Helmig believed that the best interest of the JFK district would be served if the petition were denied and the matter forced back to JFK for the adoption of a rational plan.
At the conclusion of the hearing, the regional board took the matter under advisement. In an order dated July 6, 1992, the board granted the petition. On July 16, 1992, each group of plaintiffs filed petitions for rehearing, renewing their prior contentions. The plaintiffs also asserted that the regional board was precluded from hearing the JFK-Oglesby petition because a...
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