Naperville student who set fires to remain in class

Naperville Unit District 203 gave up its fight Tuesday to keep an expelled 9-year-old from returning to school after he was accused last year of igniting bathroom fires in two schools.

The school board unanimously voted Dec. 14 to expel the Naperville third-grader for the remainder of the academic year, prompting the boy's parents to ask a judge to intervene.

In a Jan. 7 ruling, Circuit Judge Kenneth Popejoy sided with the child and granted a temporary restraining order barring the school system from enforcing the expulsion. The student returned to classes.

The civil dispute was set for an April 9 preliminary hearing, but school district attorneys instead appeared Tuesday before Popejoy and said they no longer were pursuing disciplinary action against the student.

They could not be reached for comment late Tuesday. The family's attorney, Nicholas T. Zinn, confirmed the case is dismissed, but would not comment further.

The boy was accused of using matches to ignite plastic toilet paper dispensers just before 10 a.m. Nov. 20 inside Scott Elementary School, where he attended the third grade. The building at 500 Warwick Drive was evacuated. Displaced students spent the rest of the day at nearby Madison Junior High School, were a second bathroom fire was detected about noon and quickly extinguished.

No one was injured in the fires, which authorities said caused at least $100,000 in damage. Police were led to the boy after interviewing staff and several students in both schools and checking cell phone text messages among them, according to court records.

The boy, because of his age, did not face criminal charges and is receiving counseling.