Schools

Barrett Settlement Gives Board Members Easier Access to D86 Records, Buildings

Patch obtained the language of the to-be-finalized settlement agreement between District 86 and Dianne Barrett Friday afternoon.

The settlement agreement between District 86 and Dianne Barrett approved by the board of education Monday night would indeed strike from board policy a requirement that board members justify requests for documents not normally made public, and grant board members access to district properties without a staff escort.

The settlement agreement, which District 86 provided to Patch Friday afternoon after a Tuesday FOIA request, still needs to be approved by the court and therefore has not yet been signed. 

With court approval, the controversial agreement would do what board members this week have said it would do. 

It would: 

  • Task a to-be-named current board member to look over the special-education settlement agreements that were denied Barrett as a board member and make sure the agreements "appear responsible and appropriate." 
  • Task a to-be-named board member with listening to audiotapes from an Aug. 11, 2009, executive session that Barrett did not attend and report to her on whether the session was held in compliance with the Illinois Open Meetings Act and whether "any potentially defamatory statements involving [Barrett] were made during the course of the session."
  • Require the board to undertake adoption of a policy mandating that any future settlement agreement in a "special education dispute" must be approved by the board.
  • Allow Barrett's attorneys to petition the court for an award of attorney fees.
  • Strike Board Policy 2:225, which currently demands that board members justify any request of district records not made available to the public.
Going forward, with 2:225 stricken, the settlement agreement states board members are "by their offices" entitled to:

  • "Unlimited access to documents necessary and relevant to a Board Member's exercise of official duties that are maintained by, or in the possession of, District #86, including personnel and student records, with no requirement that any reason for the request be stated. The Board specifically finds that the office of Board Member entails responsibility for student well-being and education so as to justify said access to student records whenever a Member has a legitimate educational interest in a student, either individually or being representative of the student population."
  • "Unlimited access to District #86 properties" without being accompanied by a staff member. The agreement would allow the access to be limited to school hours and other times that buildings are normally open. Access won't be requested for purposes that would violate any collective-bargaining agreement in effect.
The Barrett settlement agreement mandates that all board-member requests be honored within five days, unless a different period is agreed upon. 

If a board member's request is considered "abusive," whether that's because it appears to be for purposes unrelated to his or her board member duties or because it's excessively burdensome for district staff, a 2/3 vote would be required to not fulfill the request. Any denied request must be submitted the court.

The board would bear the burden of proof to show that the request is abusive in an informal hearing.

Catch up on the Dianne Barrett settlement with these stories:
There are plenty of ways to keep up on Hinsdale-Clarendon Hills news:


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