Geneva School District 304 and its insurer agreed to $60,000 in a settlement to end a federal lawsuit that alleged the district ignored relentless bullying of a special needs seventh grader, according to the agreement released after a Freedom of Information Act request.
In June, the school board approved a settlement agreement but did not make the terms or cost public because it had not yet been accepted by the boy’s father.
The boy’s father accepted the settlement offer July 3, according to the U.S. Federal District Court for the Northern District of Illinois. The agreement required judicial approval because it involved a minor and the court sealed the record.
The three-page agreement states that both parties chose to settle to avoid the cost of further litigation.
The father sued in 2022, also naming as defendants Geneva Middle School South Principal Terry Bleau and Assistant Principal Daniel Jones. The father alleged they did not follow the district’s code of conduct and bullying policies in regard to the boy. The father also alleged they bullied the boy themselves.
Federal judge Steven Seeger issued a 44-page opinion and order Feb. 21, which upheld several portions of the district’s motion to dismiss. Seeger also ruled that several of the allegations could go forward to trial.
The defendants all “do not admit any of the allegations in the lawsuit,” according to the three-page agreement.
The plaintiffs also agreed to dismiss the lawsuit – with prejudice – with both sides bearing their own costs, according to the settlement.
“With prejudice” means the case is permanently dismissed and cannot be brought back.
It also declares itself to be confidential – except for court approval, subpoena or through a Freedom of Information Act request, which Shaw Media/Kane County Chronicle filed.
At the time the district approved a settlement, Superintendent Andy Barrett said it would “avoid further litigation regarding a complaint filed in federal court alleging that the district did not follow its code of conduct and bullying policies.”
In an emailed statement regarding the settlement, the family’s attorney, Edwin Hull III, wrote, “All during this tragic series of events, all of the family’s actions and decisions were based on what was best for their child and what was in the best interests of their child.”
“The family approached the litigation the same way. Their decision to bring the case to a close was based on doing what was best for their child,” Hull’s email said. “They did not want their child to have to relive the past while being subject to all of the anxiety and stress that the litigation process can bring.”