Family accepts settlement from Geneva District 304 in federal bullying lawsuit

A family that filed a federal lawsuit claiming Geneva Unit District 304 officials ignored bullying of their seventh grade special needs son accepted the district’s settlement offer, according to a court filing.

The July 1 docket in the U.S. Court for the Northern District of Illinois states that judicial approval of the settlement was required “given that it involves a minor.”

The court record of the agreement is sealed.

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.

In an email at the time, Superintendent Andy Barrett said the settlement agreement 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.”

“There is no admission of liability or finding of wrongdoing by the district or any District 304 staff,” according to Barrett’s email. “A confidentiality clause within the settlement agreement prevents disclosure of further details.”

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 own code of conduct and bullying policies in regard to the boy, as well as alleging they also bullied the boy themselves.

The complaint alleged the district violated the Americans with Disabilities Act, due process under the 14th Amendment and unlawful disability harassment under the Rehabilitation Act.

Federal Judge Steven Seeger issued a 44-page opinion and order on Feb. 21, upholding portions of the district’s motion to dismiss, but also ruling that several of the allegations could go forward to trial.

The original complaint did not include a dollar amount sought for damages.

A March 8 court record stated the family incurred $140,000 to $150,000 in expenses for care, treatment and private education for their son, which is ongoing.

The filing estimated the noneconomic cost for the boy’s permanent psychological and physical injuries at $500,000 to $800,000.

Neither the attorney nor the father responded to requests for comment.

The Kane County Chronicle filed a Freedom of Information Act request to the school district for the settlement agreement.