benefit of shorter distance to school “would be reflected in time, safety, effort, and expense”
How later courts described this case
- benefit of shorter distance to school “would be reflected in time, safety, effort, and expense”
Written by the judges who cited it.
The opinion
Mr. JUSTICE EARNS, dissenting:
I do not believe that the evidence here meets the test set out in Oakdale Community Consolidated School District v. County Board of School Trustees (1957), 12 Ill. 2d 190 , 145 N.E.2d 736 , for granting detachment and annexation petitions. As I read the opinion of the supreme court, the benefit to the annexing district must clearly outweigh the detriment to the detaching district, and the change in boundaries must serve the best interest of the students in the affected districts. The Oakdale test is formulated in terms of district-wide advantage to the annexing district and the entire student body, which must clearly outweigh the detriment to the detaching district.
Certain cases cited by the majority (see, e.g., Bowman v. County Board of School Trustees (1974), 16 Ill. App. 3d 1082 , 307 N.E.2d 419 ; Burnidge v. County Board of School Trustees (1960), 25 Ill. App. 2d 503 , 167 N.E.2d 21 ) do not seem to me to support this detachment.
We are not at liberty to relax the standard established by the supreme court which requires clear, district-wide advantage. Although I have no doubt that petitioners’ child could participate in after-school activities in Anna with greater ease, be less burdened by transportation, and enjoy continuing social contacts, I cannot escape the conclusion that these benefits inure to her personally and not to the Anna district as a whole. It has been recognized that the preferences and community ties of a single family are not a sufficient basis for detachment. (Eble v. Hamilton (1977), 52 Ill. App. 3d 550 , 367 N.E.2d 788 .) Detachment has been denied when, “[ajside from personal considerations suggested by the witnesses and petitioner, 000 there is nothing which indicates to us that the proposed change would effect any educational improvements in the territories as a whole. On the contrary, changes in boundaries, however small in themselves, have the harmful effects to which we have just adverted.” (Board of Education of Community Unit School District No. 323 v. County Board of School Trustees (1958), 19 Ill. App. 2d 196, 202 , 153 N.E.2d 378, 381 .) The regional superintendent was in error when he concluded that “[sjince there would be no significant effect on either district and there is no significant difference in the education programs offered by the two districts, it would seem the approval or denial of the petition would hinge on the desire of the parents as to which school the one student attends.” Although parental preference and convenience may be considered as a factor (Bowman, 16 Ill. App. 3d 1082, 1087 , 307 N.E.2d 419, 421 ), much more is needed to support the board’s decision to change established boundaries. “School districts are not to be changed, therefore, solely by the shopping, banking, or school preferences of those residing in particular segments thereof.” (Oakdale, 12 Ill. 2d 190, 194 , 145 N.E.2d 736, 738 .) I do not believe that the facts before us meet the district-wide standard established by the legislature and the supreme court.
I note, too, that petitioners’ interests are relatively short-term. Inasmuch as Jonesboro students in grades 9-12 attend the high school in Anna, and inasmuch as petitioners’ daughter is presently in seventh grade attending school in Anna on a tuition basis, denial of the petition would affect her interests for little more than a year. Furthermore, aside from the understandable financial burden that tuition imposes on the petitioners, there is nothing in the record to suggest that this student would be denied admission to Anna on a tuition basis next year.
While denial of the petition would affect petitioners for only a relatively short time, detachment would permanently change the boundaries of the school districts. In Oakdale the supreme court approved the decision in Trico Community Unit School District No. 176 v. County Board of School Trustees (1956), 8 Ill. App. 2d 494 , 131 N.E.2d 829 , which recognized the importance of maintaining stable district boundaries. In Ottawa Township High School District v. County Board of School Trustees (1969), 106 Ill. App. 2d 439 , 246 N.E.2d 138 , although detachment was granted, the court recognized that “there must be a measure of stability in the boundaries of school districts and * * * they cannot be changed by reasons of mere personal preference of the residents of the territory without regard to other material considerations.” 106 Ill. App. 2d 439, 444 , 246 N.E.2d 138, 141 .
The manifest weight of the evidence does not support the conclusion that there are district-wide advantages to the schools involved from the proposed detachment. Accordingly, the petition should have been denied.