St. Charles East High mold lawsuit dismissed

It took $28 million to fix the mold problem at St. Charles East High School.

But it could take less than $100,000 to pay off students who sued the school district.

After six years, the legal tug of war over the mold infestation at the high school is over.

Kane County Judge Michael Colwell dismissed a 2001 lawsuit after six former students and District 303 reached a settlement.

The judge had the OK from attorneys on both sides to dismiss it "with prejudice," meaning the plaintiffs, who claimed a variety of illnesses due to the mold, can't bring their lawsuit back.

Robert Smyth, an attorney representing the district, said the settlement could be finalized in three weeks, and the total paid by the district's insurance company would be less than $100,000.

"The case is effectively dismissed," Smyth said, declining to elaborate on the exact damages until the settlement is final. "The plaintiffs will receive some money, but not what they were looking for."

Inspections in 2001 found mold growing behind walls because of problems with the heating and air conditioning system.

The school was closed for 18 months and millions were spent to fix the problem.

"This does close that book," Smyth said. "I don't think there's any lingering issue surrounding the re-mediation of 2001."

The 2001 lawsuit originally had a combination of students, teachers and cafeteria workers from the high school. They argued their illnesses were caused by mold and the district failed to address environmental concerns at the school.

But the group shrunk when some were unable to prove mold at the school resulted in their illnesses.

"The case is settled and done," said Craig Mielke, attorney for the students.

He declined further comment Tuesday.

Superintendent Donald Schlomann, who came to the district this summer, said the settlement means the district can move forward.

"Even if the insurance company pays it, the district still pays in the long run with higher rates," Schlomann said of the monetary amount to be paid to the plaintiffs. "It's hard to imagine a case can be settled for that little amount of money and not have an understanding there wasn't much substance there."

A district pay-out could have been a lot higher had the case gone to court for a jury trial or was awarded class-action status.

But attempts failed in May 2004 at opening the lawsuit to the approximately 3,000 students and 350 staff who were in the building with the mold growth.

In 1997, parents and teachers unsuccessfully pushed for testing of the building, which was then St. Charles High School. Partial tests were done in 1998 and 1999.

Members of the school's air quality task force formally requested a comprehensive room-by-room study for mold in January 1999 and again in May 2000.

Schlomann said the district now has policies for informing staff, parents and students if mold is found in a building.

"We better understand air quality in the district. We better understand how to deal with environmental issues. Because of that, we have better policies in place," he said.

Said school board President Kathleen Hewell: "For everyone involved, we're glad this is coming to an end."