NOTE: This story has been updated with a response from District 205 School Board Member and plaintiff Pamella Bess-Tabb.
Galesburg School District 205 is appealing a federal court decision that ordered the district to keep a student with disabilities within its school system, arguing that the District Court improperly conducted a new trial, failed to adequately respect the original administrative ruling, and incorrectly applied federal special education law regarding the least restrictive environment.
Details of the appeal were made public Wednesday for Case 25-1013 in the United States Court of Appeals for the Seventh Circuit. The 96-page document was filed on March 18.
The appeal, initiated with a notice to appeal on Jan. 3, comes as District 205 said it anticipates spending up to $1 million in potential litigation expenses related to the ongoing case.
The district, in its appeal, documents numerous behavioral issues with the 7-year-old student, including physical aggression toward staff and students; verbal outbursts including curse words and threats; throwing objects; and destroying property.
John Asplund, District 205 superintendent of schools, declined comment on the appeal when reached by WGIL on Thursday, saying, “I’ll let what is said in the court filing stand.”
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.”
Bess-Tabb reached out to WGIL on Friday to respond to school district’s appeal, saying:
“The incomplete and inaccurate statements in the District’s appeal brief will be addressed in a formal response in due time. The arguments made by the District are matters already litigated and rejected by the judge in the prior federal court hearing. We are following the process provided by law to have the school provide the supports our child needs to learn, like the District should provide to all students to meet their individual needs by law.”
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 the federal lawsuit.
The school district argues the 7-year-old student’s behaviors are too severe for public school, even with supports, citing legal precedents. A hearing officer initially ruled in favor of the district, but a district court later sided with the parents, ordering the student to continue his education at a Galesburg elementary school.
The school district recommended transferring the student to High Road School of Peoria, a private therapeutic day school, saying it better suited their needs. However, the parents contend their child should remain at the Galesburg elementary school with additional supports, like a 1:1 paraprofessional, to keep them in a less restrictive environment.
District 205 requests an oral argument before the court, following the full briefing of its appeal.
