Elliot v. Board of Ed. of City of Chicago
Decision Date | 13 September 1978 |
Docket Number | No. 63062,63062 |
Citation | 20 Ill.Dec. 928,380 N.E.2d 1137,64 Ill.App.3d 229 |
Parties | , 20 Ill.Dec. 928 Willie ELLIOT, a minor by his next friend, Dolores Elliot, and Dolores Elliot, Individually, each said plaintiff suing on his or her own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the CITY OF CHICAGO, Illinois, Individually and as representative of every school district in the State of Illinois that is making tuition payments by authority of Ill.Rev.Stat., ch. 122, § 14-7.02, and Joseph M. Cronin, State Superintendent of Education, Defendants-Appellees. |
Court | United States Appellate Court of Illinois |
Ronald S. Barliant, Elaine Bucklo, Devoe, Shadur & Krupp, Chicago, for plaintiffs-appellants.
William J. Scott, Atty. Gen., Ann P. Sheldon, Asst. Atty. Gen., Chicago, for defendants-appellees.
Willie Elliot is a handicapped student enrolled in the public school system operated by the defendant, Board of Education of the City of Chicago. The defendant Board of Education determined that the special education program of the Chicago Public Schools was inadequate to meet Willie's needs and excluded him from its public schools. Therefore, Willie attends classes at the Potential School for Exceptional Children, a non-public school in Chicago. Willie and his mother, Dolores Elliot, filed this matter as a class action in the Circuit Court of Cook County. Their complaint seeks primarily a declaration that section 14-7.02 of The School Code (Ill.Rev.Stat., 1977, ch. 122, par. 14-7.02) is unconstitutional in that it limits the amount of tuition which the State, through its school districts, must pay for the special education of handicapped students who have been excluded from the public schools and who attend a non-public school or special education facility. The complaint also seeks injunctive relief mandating the school districts to pay the full tuition of all handicapped public school students attending non-public school or private educational facilities pursuant to 14-7.02, and damages totaling the difference between the amounts contributed toward the private school tuitions by the school districts and the actual tuitions charged thus far. 1
Both of the defendants, the Board of Education and Joseph M. Cronin, State Superintendent of Education, moved to dismiss the complaint for failing to state a cause of action. The court allowed the motions and dismissed the complaint with prejudice. When announcing its decision, the court stated:
The plaintiffs seek to reverse the trial court's order dismissing their complaint and to remand the cause for trial. The question of the class action status was not reached in the proceedings in the trial court and, therefore, it is not before us in this proceeding. All facts well pleaded by the complaint are deemed true. Schreiner v. City of Chicago (1950), 406 Ill. 75, 92 N.E.2d 133; People ex rel. Hamer v. Board of Ed. of School Dist. No. 113 (1974), 22 Ill.App.3d 130, 316 N.E.2d 820.
Willie Elliot began his formal education at Chicago's Orville T. Bright Elementary School in September 1971. In February 1973 the Board of Education of the City of Chicago excluded Willie from further attendance at Bright because his handicap was such that he could no longer benefit from the programs available within the public school system. Pursuant to section 14-7.02 of The School Code, the Board of Education certified to the then State Superintendent of Public Instruction 2 that Willie was a handicapped student and that the public schools of the City of Chicago would not meet his educational needs. Following his exclusion from the public schools and the certification to the superintendent it was arranged for Willie to attend classes at the Potential School for Exceptional Children, a State approved non-public school. From February 1973 to the present Willie's mother, Dolores Elliot, has been required to pay the difference between the tuition charged by the Potential School, $2800 per school year, and the amount contributed by the Board of Education pursuant to section 14-7.02.
Each year the Chicago Board of Education receives reimbursement from the State for its expenditures toward Willie's tuition at the Potential School. Reimbursement is limited, however, to an amount computed by reference to the formula set forth in section 14-7.02. Provision is also made for the Board of Education to pay up to an additional $500 per year for summer school programs for Willie and to provide necessary transportation expenses to and from the Potential School. Reimbursement from the State for these expenditures is also limited by law.
Local and State school officials have made similar exclusions of handicapped children from the public schools and these students were placed in private educational facilities. Answers to interrogatories filed by Dr. Michael J. Bakalis, former State Superintendent of Public Instruction, set the number of applications for such private placements at 6635 as of May 1, 1974. A substantial number of these applications result in tuition charges in excess of the amount the school districts are authorized to contribute. This excess becomes the obligation of the parents and guardians of the handicapped students involved.
The plaintiffs challenge the constitutionality of section 14-7.02 of The School Code which provided:
(Ill.Rev.Stat., 1977, ch. 122, par. 14-7.02). The challenge is first premised on the right to free public school education through the secondary level as expressed in the Education Article of the State Constitution (Ill.Const.1970, art. X, sec. 1). Secondly, the challenge presents claims under the equal protection provisions of the Federal and State Constitutions (U.S.Const. amend. XIV, sec. 1; Ill.Const.1970, art. I, sec. 2). The plaintiffs' equal protection analysis prohibits the classifications of handicapped students and their parents or guardians in such a manner as to deny these students free education and to require the parents or guardians to pay tuition. ...
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