EAST ST. LOUIS - Niesha Anthony told the truth when she registered daughter Zariah at O’Fallon Township High School, according to her counsel Mark Schuver of Belleville.
On Oct. 16, he opposed a motion from the school board and former superintendent Darcy Benway to dismiss the suit as a sanction for lying.
“In their zeal to persecute Zariah and attempt to bring this case to an unjustified end, the defendants have submitted irrelevant and specious evidence from which they have drawn unfounded conclusions,” Schuver wrote.
“Niesha fully disclosed the facts and circumstances of Zariah’s residency to registration personnel and to Dr. Benway at the time of registration for both the 9th and 10th grade.
“Each time Niesha was assured that Zariah’s circumstances qualified for residency, a fact which is consistent with the Illinois Education for Homeless Children Act and the Illinois School Code.”
Niesha sued the school board, Benway, principal Richard Bickel, and assistant principal Twana Dollison last year.
Niesha claimed the board expelled Zariah in 2022 without good cause.
For the moment the suit revolves around residency.
In July, the school board served 14 subpoenas for information about Niesha’s residence.
Schuver moved to quash the subpoenas and U.S. District Judge Stephen McGlynn allowed some, denied some and limited some.
“If the Anthonys fraudulently used O’Fallon’s resources in the first place, this may prove fatal to their claims," he wrote.
School board counsel Julie Bruch of Northbrook moved for a sanction of dismissal on Oct. 3, claiming Niesha signed false affidavits in July 2021 and August 2022.
She claimed Niesha filed the first one three weeks after purchasing a home in Swansea.
She claimed Niesha swore Zariah lived at 609 Portsmith Place in O’Fallon and intended on living there at least through the academic year.
She claimed Niesha stated, “I am currently living with my friend Jana Mitchell until I am able to find stable housing on my own.”
She claimed Niesha swore in the second affidavit that, “We are currently homeless and living with a friend until I am able to find stable housing.”
She claimed Niesha identified her and Zariah’s address as 609 Portsmith Place.
She claimed the form asked for addresses in the past five years and Niesha failed to identify the Swansea home.
She claimed Niesha presented a state identification card with a Portsmith Place address.
She claimed Zariah and Niesha were deliberately dishonest and evasive about where they lived and their conduct was intentional, willful and in bad faith.
Schuver responded that Zariah’s family situation didn’t resemble the 1950s comedy “Ozzie and Harriet.”
He claimed Niesha and Jeffrey McAllister rented a house at 614 West Madison from 2019 to 2021 and Zariah attended Fulton junior high school.
He claimed Niesha and Jeffrey purchased 5 Village Drive in Swansea, an older home that required significant work.
He claimed they could not move in immediately and they asked Niesha’s best friend Jana Mitchell if they could move in with her at Portsmith Place.
He claimed Jana agreed and gave Zariah her own room.
He claimed Jeffrey and Niesha fought verbally, sometimes physically, and agreed to separate.
He claimed Jana asked Jeffrey to move out and he moved to the Swansea home.
He claimed Niesha met Benway in her office and explained the situation.
He claimed Benway sad it was a common situation and gave the example of couples where one lives in the district and the other does not.
He claimed Benway said as long as a child lives in the district during the school week it’s okay if they visit outside the district on weekends and holidays.
He claimed Benway said she would mark Zariah’s file with a red flag meaning someone could check Jana’s house at any time and could follow Zariah home from school.
He claimed Niesha, Jana and Zariah went to the registration office and explained they didn’t know how long she’d reside there.
He claimed a person confirmed it was okay.
He claimed they were given forms of affidavits and they verified that Zariah lived full time in Jana’s home since June 18.
He claimed that in November 2021 Niesha moved to Swansea to attempt reconciliation.
He claimed Zariah was adamant she would not move.
“Jana Mitchell assumed and exercised legal responsibility for Zariah and provided a regular fixed abode for purposes other than access to educational programs,” he wrote.
"Jana had authority to discipline and direct Zariah, and Zariah followed Jana’s rules and directions.”
He claimed Jana stocked the pantry and provided essentials and money when needed.
He claimed Niesha moved back and forth between Swansea and O’Fallon.
He claimed that for 10th grade Niesha, Jana and Zariah met Benway in her office.
He claimed Benway said she understood people go through things like this and it would be no problem if Zariah registered and attended the 10th grade at O’Fallon High.
He claimed Benway questioned Jana and Jana confirmed that Zariah lived there since before she started 9th grade.
He claimed they showed Jana’s utility bill to Benway and she questioned why her brother’s name was on it.
He claimed Benway told Jana to submit something showing she was an owner and told them to get a lease agreement showing Niesha rented Zariah’s room.
He claimed Niesha asked how to do that and Benway said there were templates online and they should download one.
He claimed Benway told Niesha to obtain an identification card with Jana’s address.
He claimed Niesha, Jana, and Zariah met with Benway again and Niesha submitted an identification card and a lease agreement.
He claimed Jana submitted a deed verifying that she and her brother owned the home.
“Dr. Benway carefully scrutinized all of these documents,” he wrote.
“The affidavit did not ask, where do you own property? It asked, with whom and at what address does the student live?
“Niesha answered truthfully.”