Note: This story has been updated with additional comments from District 205 School Board Member Pamella Bess-Tabb.
A District 205 school board member who in December won a federal lawsuit against the district she represents is accusing the superintendent of schools of costing the district additional legal fees for failing to settle the case.
The accusation comes in light of District 205 saying it’s preparing for potential litigation expenses of up to $1 million over the next five years related to an ongoing legal case against the school district.
During a Budget Committee slideshow presentation at Monday’s District 205 Board of Education meeting, Assistant Superintendent of Finance and Operations Jennifer Hamm noted the district would shift $1 million from the Education Fund to an “other use” fund to cover potential litigation.
Hamm said the reserve of $1 million dollars for legal settlements have been built in for the 2025-26 school year.
Board member Maury Lyon questioned Hamm on the necessity of shifting of money out of the Education Fund to cover for potential litigation.
Hamm responded, “It has been recommended that we reserve a million dollars for legal settlements. We cannot take that out of the Tort Fund because there’s not enough fund balance or flexibility within the Tort, so that’s going to have to come out of the (education) fund. It’s being held there in reserve for future litigation.”
John Asplund, District 205 superintendent of schools, tells WGIL while litigation is normally funded through the Tort Fund, the need for additional reserves stems from a single case.
“What I can say is, it’s been widely reported that we have an outstanding case and it’s financially prudent for us to reserve money in the event this case, and subsequent cases if there are any, are not resolved quickly and amicably,” Asplund said.
Superintendent: ‘Both sides appear pretty dug in’
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, 2024, in the U.S. District Court for the Central District of Illinois, ruled in favor of a lawsuit filed by the child’s parents.
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.
On Jan. 13, District 205 Board of Education members voted 6-0, with one abstention, to proceed with an appeal of a federal lawsuit.
While not directly mentioning the origin of the single case that’s led to District 205 assigning $1 million in reserve for potential litigation, Asplund said, “It’s not typical for us to have a case go to the appellate level of the court system. Both sides appear to be pretty dug in, so we feel like it’s responsible for us to account for what we think could be future funds expended on the part of the district to defend its’ own. It is forecasting based on real numbers that we are experiencing right now.
“We put the reserve out there because we don’t know where this litigation is going to go. It could be as little as $200,000, it could be as much as $1 million. We don’t know where it’s going to end up, and to not account for any money, we felt would be irresponsible.”
Board member suing D205: ‘We have asked them to settle’
Bess-Tabb originally told WGIL she was caught off guard by the item discussing litigation at last night’s school board meeting. But after reading Asplund’s comments in a WGIL story posted earlier today, Bess-Tabb said she strongly objected to the superintendent’s take.
The first-term board member who is seeking re-election in the April 1 Consolidated Election has previously declined to comment on the case, but Tuesday inferred that Asplund bears the responsibility for the district’s mounting legal costs.
“I think what is important to say is we as a family have come to the district and asked them to settle this, way before now,” Bess-Tabb said. “This is the district, per Dr. Asplund’s words, digging his feet in, because he is in charge to how this runs.
“We have asked again and again, through attorneys, for them to cease this and move forward. I think that’s super important to point out.”
Bess-Tabb added, “We’ve been ready to settle since this time last year. Since January 2024. Let’s be very clear: This is Dr. Asplund and what he would like to do, going forward. When the district is ready to settle, we are too. It has been requested over and over again that we move forward—he has refused to do so. He’s presenting the board with one side.”
Bess-Tabb said the settlement would compensate the family for their legal expenses, and not any damages. She notes her attorneys first sought a settlement in the case in January 2024, and another offer for a settlement was made as recently as this past February.
“The only thing we are seeking in a settlement are our attorney fees,” she said. “That’s it. So if it would have settled in 2024, it would have been less.
“This is the district digging in, and this is Dr. Asplund’s district.”
The district’s Budget Committee—comprised of Asplund, Hamm and board members Courtney Rodriguez and Rodney Phelps—met Jan. 13 to review a 5-year plan of anticipated revenues and expenditures.
In other action Monday:
- The board unanimously approved naming the meeting room after the late Robert (Bob) Lindstrom, who died Dec. 25 after a battle with heart issues. Lindstrom served on the District 205 Board of Education from 1997-2017, the longest tenure for any board member in the district’s history.
- The board unanimously approved a two-year contract with Journey 12 that includes the production of full-color, 24-page magazines mailed to residences and businesses four times a year. The cost is $113,132 a year.
