The Edwin F. Mandel Legal Clinic of the University of Chicago and a major law firm sued the Chicago Public Schools in federal court on behalf of students with disabilities and African American students. The closing of their schools, the lawsuit claims, has a damaging and disparate impact on these students.
In one lawsuit, the lawyers state:
“In violation of Title II of the Americans with Disabilities Act (ADA), the defendants propose to carry out the closings of 53 elementary schools in a manner that does not permit a timely and orderly process either for the proper review and revision of the individualized education programs (IEPs) for the plaintiff children and over 6,000 other children in special education programs or for the extra services and counseling such children require to make the difficult transition to unfamiliar schools and unfamiliar teachers and students. By putting off their decision on the closings to the eleventh hour, or the very end of the school year – for the largest closing of public schools in American history – the defendants place the plaintiff children and other children in special education at far greater risk than their non-disabled peers. The late date makes it impossible to conduct the closings without significant disruption to the programs in which these children participate and without adequate provision for the special safety risks faced by children with disabilities. In violation of federal law, this late, ill-timed, and ill-prepared program for the closing of 53 elementary schools will have a discriminatory impact upon the plaintiff children and other children with disabilities, compared to their non-disabled peers.”
The second lawsuit charges the school board, Barbara Byrd-Bennett, and the city not only with violating the Americans with Disabilities Act, but engaging in racial discrimination:
“I]n violation of Section 5 of the Illinois Civil Rights Act of 2003 (ICRA), 740 ILCS 23/5, and by repeatedly selecting African American students to bear the costs of the closings, the defendants have unlawfully used “criteria and methods of administration” that have the “effect” of subjecting the plaintiffs’ children and other African American children represented by the plaintiff parents to discrimination because of race. In conducting closings since 2001, the defendants have used various shifting criteria that they allege to be race neutral but that always have the effect of singling out poor and marginalized African American children to bear the educational and human costs of the closings. For the 72 schools that defendants have closed to date, African American children make up more than 90 percent of the displaced children; and in currently proposed closings, they make up more than 80 percent of the displaced children. Yet African American children constitute only 42 percent of the children in the public schools.”

It is unfortunate that this lawsuit limits itself to the egregious discrimination in school closings. It should be a lawsuit opposing all school closings based on the right of all citizens to a fully funded, equitable education. Implied in the lawsuit is an acceptance of school closings as long as they are not discriminatory.
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Gotta start somewhere, but i see what you mean. By narrowing the focus i think it may increase the chances of success in Chicago and may compell other urban centers to apply the brakes. .
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Point well made, philaken. However, the law is pretty clear RE: discrimination & the rights of students with disabilities for a FAPE.
There have been numerous, successful lawsuits based on the latter premise (that’s where the original 1970’s P.L. 94-142 came from–the right for all disabled children to have a free, appropriate
public education–FAPE). This didn’t come out of the clear blue sky. It originated with parents, who formed special ed. advocacy groups, who then forced the law. It is, indeed, unfortunate that we are back to square one. At the Chicago rally on March 27th, someone held out a sign– “You mean we’re STILL protesting this #@%*?” Sad, indeed, but necessary. That being said, protests won’t do it alone, and lawsuits must be filed. As I’ve said before (quoting Nancy Grace) “Unleash the lawyers!”
BTW–The powers that be (all over the country) are always looking for new excuses to close public schools. As they have realized that we, the people, have gotten wise about “standardized” testing
(& IL tests are Pear$on, so you know they’re neither valid nor reliable), the excuse, now, is underutilization (not even a word–my computer is red-lining it!), because the classes contain less than the 30-36 kids they want to cram the classrooms with! Therefore,
they’ll come up with any excuse to close the schools, phil, so in that respect, the premise of the lawsuit isn’t problematic.
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Ultimately, this is going to have to be dealt with politically. The two parties we have represent the 1%. They are opposite sides of the same coin. We need a party that represents the 99% and has a program of full funding for all public schools and treats education as an equal right for all.
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Thank you for this info. I am going to ask one of my law profs about this and if I can get involved. This is one way to stop this nonsense–through the courts.
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Yes, I agree with that.
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I am immensely proud of the Chicago Teachers Union for standing up against this corporate driven public school take-over, which Rahm Emanuel thinks he can ram through simply because he is the great and powerful Rahm Emanuel. He and the un-elected Chicago School Board have ignored every bit of evidence and research that suggest that school closings will be harmful to children and their communities; they have ignored reason and the very real personal appeals of those who will be most affected by these school closings.
I teach in an affluent suburban district where my students enjoy best practices and every imaginable resource to make their education rich and engaging.
My own children attend Chicago’s public schools, Tier 1 schools, according to the district’s designation, despite the fact that their schools are starved for basic resources like physical education and access to technology, social workers and nurses.
Because of high stakes testing, best practices have been thrown out the window in my children’s Chicago school, in favor of a rigorous test preparation curriculum that started in first grade. My own children have been preparing for the ISAT (Illinois Standards Achievement Test) every week since the start of their first grade year. Ironically, my second grader has been preparing for a test for two years that he will never take (due to the switch from ISAT to the new common core standards test).
Every child is deserving of a high quality education, regardless of zip code. I applaud and stand in solidarity with the Chicago Teachers Union as they again stand up and fight against the corporate take-over of America’s public schools. Chicago’s schools are all our schools. America’s children are all our children.
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This is a promising development.
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More like sue them for creating the biggest cluster in the history of education. Turn on the music and play musical schools. Have Rahm get out a flute to be the pied piper and lead 30,000 children hither and thither across the city of Chicago. I’ve heard of LA’s carmageddon, but this is ridiculous.
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Love the visualization you gave me. Rahm in green tights and a feathered cap playing a flute and running through the city being chased by parents, children and teachers with pitchforks.
See Rahm run!
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That is a very good description. Students going here and there, shopping for schools. Ridiculous
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TC–Let’s call this nationwide, blatant violation of civil rights (& yes, philaken, you’re correct–a violation of everyone’s) what it is–harmageddon!
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FYI — the clinic is the MANDEL clinic, not Mandela. Thanks.
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That’s what I’m talking about. Why can’t the union file a lawsuit on behalf of its teachers who have been denied due process and discriminated against for their age. If the union won’t do it, teachers need to get together and do this. Why is it that Chicago has all the fighters and we won’t fight in L.A. Let’s do something like this…..
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Good point. I think in many local unions, not all obviously, the union management gets familiar and cozy with the district administrators resulting in an effective conflict of interest.
We teachers tend to be distracted from the politics and allow ourselves to be manipulated by those we elect to represent us.
At least that is how I see it in New Haven and CT.
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Kinda ironic since UChicago itself runs several segregated charter schools.
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