'Learn From Our History': Split Hinsdale D86 Board OKs Lawyer Rule

HINSDALE, IL – Under a new policy, the president of the Hinsdale High School District 86 board will have a greater role in the district's dealings with its law firm.

The policy requires the superintendent to notify the president when he confers or seeks advice from the board's attorney.

This is a departure from what other school districts do. The superintendent is seen as the official who runs the day-to-day operations of a district. The board, meanwhile, sets policy and provides oversight.

At Thursday's board meeting, member Terri Walker said she was concerned about an extra layer of review that may unnecessarily hamper operations.

But others defended the policy. Member Jeff Waters said it was needed in part to reduce legal bills, which are far greater than other districts.

In some cases over the last year, he said, the lawyer has been asked more than once for the same advice.

"If we choose not to learn from our history ... we will repeat those mistakes," Waters said.

Waters asked Superintendent Michael Lach, who started July 1, about when the policy would hamstring operations.

Lach said he read the policy to mean that he could not consult with the attorney without checking with the president first. He said there could be complications in working with the schedules of the president and others.

Walker asked why the superintendent couldn't just informally share with the president about conversations with the attorney.

Board President Catherine Greenspon replied, "That hasn't happened."

Walker took exception to that.

"He's been on the job for a week," she said.

Greenspon then asked Lach whether she had been a "stumbling block" in making calls to the attorney.

Lach responded, "I think we're figuring it out."

After Walker suggested that the superintendent needed approval before talking with the lawyer, member Peggy James said the policy included no timeline. She said the superintendent should inform the president in a "timely fashion."

James also said the policy would not hamper the district in emergencies.

In a statement last month, former board President Erik Held said he feared that with the policy, the board president and others would gain access to private student information to which they were not entitled legally.

"I personally blocked more than a few requests from board members who wanted to know more and more student information, including going to attorneys, and in the process, they would be uncovering student-identified information," said Held, who left the board in May 2023.

Waters did not mention Held's name, but seemed to respond to his commentary Thursday.

"I have been on the board since 2021 and never received or requested any private student information," he said. "Some community members are uninformed and arguably misinformed."

Greenspon said she and other board members strictly follow student privacy laws.

The board voted 5-2 for the new policy. Dissenting were Walker and Asma Akhras.