Still 'separate and unequal'
FLAWED SYSTEM | Lawsuit claims property-tax system of funding education in Illinois violates civil rights of black, Latino kids
The State of Illinois' school funding system violates the civil rights of its black and Latino children and should be declared unconstitutional, a lawsuit filed Wednesday by the Chicago Urban League contends.
"We have an educational system that discriminates against minority children, and those who should be held responsible for overseeing this are doing nothing about it," Urban League chief Cheryle Jackson said at a news conference, surrounded by civil rights leaders and lawmakers.
(Keith Hale/Sun-Times)
About $45,000
The spending gap between a student who attended elementary and high school in Evanston and one who attended Chicago Public Schools. More than $155,000 was spent on an Evanston student's education.$300 million
The additional amount spent on the elementary and high school education of 6,413 Evanston students who began elementary school in 1994 compared with the same number of CPS students.58%
The additional amount spent on the education of Evanston students compared to those in Calumet City.The suit by the Chicago group and the Quad County Urban League, which serves minorities in DuPage, Kane, Kendall and Will counties, comes in the wake of protests and calls for a boycott of the Chicago Public Schools over the achievement and graduation gaps plaguing minority students.
Many, including the Rev. James Meeks, who is also a state senator, blame those gaps on the property tax-based school funding system. Meeks' call for a boycott sets the stage for the landmark suit. The lawsuit marks the first use of civil rights law in the decades-old school-funding battle. Schools in poorer areas, such as Chicago's inner city, have long suffered from inadequate funding.
"We cannot allow the current flawed system to continue," Jackson said. "We cannot allow another minority child to begin a school year knowing they will not be given the same opportunity to learn as compared to white students in well-financed schools in Illinois."
The 39-page suit filed in Cook County Circuit Court is being handled pro bono by legal powerhouse Jenner & Block. The lawsuit claims that under the Illinois Civil Rights Act of 2003, the current system "disparately impacts" racial and ethnic minority students.
"Fifty-four years after Brown vs. Board of Ed, our schools remain separate and unequal," the Rev. Jesse Jackson said. "There is essentially a two-track system. Apartheid is rationalized as a funding mechanism. This is beneath the American promise, beneath the law."
The suit names the state and the Illinois Board of Education. It seeks a preliminary injunction, asking that a judge rule that the system is unconstitutional and order state leaders to craft a novel, more equitable system.
"We would certainly have preferred the system be fixed through a deliberate legislative process," said CPS Chief Arne Duncan. "But for at least 30 years, we have waited expectantly, hoping for something, anything, to happen, only to be disappointed time and time again."
The suit also claims that the school funding system violates the Illinois Constitution's Uniformity of Taxation provision, right to equal protection and right to attend "high-quality educational institutions" guaranteed by its education article.
Lisa Scruggs, the lead attorney and Jenner & Block partner, expressed confidence in the lawsuit's likelihood of success based on its civil rights claims. Two previous challenges to Illinois' system in the 1990s -- based only on the constitution -- failed.
The suit was hailed as long in coming by Meeks, who ignited controversy last month by drawing a line in the sand on education funding with his boycott call.
"Since there is no will to fix the old way, we might as well come up with a new way," Meeks said. "But in 2006, Gov. Blagojevich ran on an educational platform, promising to put $2 billion into education. I would simply suggest that the governor keep his promise."
Cheryle Jackson, of the Urban League, said the suit was timed to upcoming elections. "This is the issue the black community has come together on. If you want our vote, you have to demonstrate your commitment to fixing this system," she said.