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John Doe v. Freeburg Community School District

April 30, 2012

JOHN DOE, PLAINTIFF,
v.
FREEBURG COMMUNITY SCHOOL DISTRICT, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

CONSOLIDATED

ORDER

Pursuant to the Court's Order dated January 26, 2012, Defendants Freeburg Community Consolidated School District No. 70, Clarence Haege and Lawrence Meggs produced certain transcribed audio recordings of closed session board meeting minutes requested by Plaintiff, dated 2007 to the present, together with Fifth and Sixth Supplemental Privilege Logs. The Court has reviewed the documents in camera and hereby ORDERS the following:

NATURE OF BATES NO. PRIVILEGE ASSERTED BY RULING THE RECORD DEFENDANTS School Board FSD 4738- Family Education Rights & Privacy Act These Closed Session 4792 (FERPA), 20 U.S.C. §1232(g) / ISSRA documents shall Verbatim (Illinois School Student Record Act) be produced Recording, May 105 ILCS 10/1 et seq.- Subject to prior subject to the 19, 2008 order of Court which denied privilege Court's

Protective

Appears to be inadvertent discussion Order dated prior to closed session beginning; October 27, 2010, and the however, contains privileged Courts prior information as there are names of rulings dated individuals, including probable student August 1, 2012 name/family name that could lead to and August 3, identity of student. FSD 4739 lines 13, 2012 15, 16, 18, 21, and 22 See Docs. 25, FSD 4741 line 5 -- 4745. Discussion of 44, 47 how to handle a particular student during graduation due to student's disability

FSD 4777. Referencing parent name and student name

FSD 4778 line 20-23 -- student identified by name

FSD 4780 line 19 -- identifies student by first name

FSD 4781 lines 5-6, 12, 16-21. -- identifies students by name

FSD 4783 line 19 -- identifies student by name

Federal Deliberative Process -- Subject to prior order of Court which denied privilege - retirement of staff member - FSD 4740 -- 4741 line 4

-Employment/compensation/performance of teachers re: learning lab -- FSD 4741 line 5 -- 4771 line 13

Employment -- facilitator position --

FSD 4748 line 18 -- 4763 line 17

School Board FSD 4793- Attorney-Client Privilege -- FSD 4794- These Closed Session 4818 4818. On-going litigation matter documents shall Verbatim discussed, as well as advice relative to a not be produced Recording, FOIA request. Attorney present for as they are February 23, 2009 duration of closed session meeting protected by the Attorney-Client privilege

School Board FSD Attorney-Client Privilege -- FSD 4820 -- 4906. These Closed Session 4819- Discussion of allegations against Dr. Hawkins. documents Verbatim 4906 Attorney present for duration of closed session shall not be Recording, April meeting produced as 16, 2009 they are protected by the Attorney-Client privilege

School Board FSD Federal Deliberative Process - employment These Closed Session 4907- matters -- search for new superintendent -- FSD documents Verbatim 4938 4908 -- 4918, line 5; shall be Recording, April produced 27, 2009 - employment matters -- search for new tech subject to person, FSD 4918 line 5 -- 4928 line 7. the Court's

Protective

Order dated Attorney-client/pending litigation matter -- October 27, discussion of information provided by attorney re: 2010, and potential settlement of matter-- FSD 4933 line 2 the Courts prior rulings dated August 1, 2012 and August 3, 2012

See Docs. 25, 44, 47

School Board FSD Attorney-client privilege -- Discussion of death of FSD 4940 Closed Session 4939- Dr. Hawkins and continuing investigation by through Verbatim 5009 police/state's attorney's office discussed -- FSD 4950, line 6 Recording, May 4940 -- 4949. Attorney present for this portion of shall not be 3, 2009 closed session meeting produced as they are Federal Deliberative Process - Subject to prior protected by order of Court which denied privilege the Attorney-Personnel ...


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