Jenkins v. Leininger
Decision Date | 22 December 1995 |
Docket Number | No. 1-93-1456,1-93-1456 |
Citation | 659 N.E.2d 1366,277 Ill.App.3d 313,213 Ill.Dec. 719 |
Parties | , 213 Ill.Dec. 719, 106 Ed. Law Rep. 804 John A. JENKINS II et al., in their own behalf and as natural guardians of their children, Noreen Jenkins et al., Plaintiffs-Appellants, v. Robert LEININGER, State Superintendent of Education, et al., Defendants-Appellees. |
Court | United States Appellate Court of Illinois |
William H. Mellor, III, Clint Bolick, Dirk G. Roggeveen, Scott G. Bullock, Institute for Justice, Washington, D.C.; Daniel J. Kubasiak, Kubasiak, Cremieux & Fylstra, Chicago; Mark Snyderman, Gibson, Dunn & Crutcher, Washington, D.C., for Plaintiffs-Appellants.
Patricia J. Whitten, Acting Attorney, Michael J. Hernandez, First Assistant Attorney (Board of Education of the City of Chicago) Chicago; Roland W. Burris, Attorney General, State of Illinois; Rosalyn B. Kaplan, Solicitor General, Chicago; William K. Blanchard, Assistant Attorney General of Counsel, for Defendants-Appellees, Robert Leininger, The State Superintendent of Education, and the State Board of Education.
Harvey Grossman, Jane M. Whicher, The Roger Baldwin Foundation of ACLU, Inc., Chicago; Jeffrey M. Shaman, Depaul University, College of Law, Chicago, for amicus curiae.
Plaintiffs, 100 low-income schoolchildren enrolled in the Chicago public schools and their parents, filed the instant action against the defendants, Robert Leininger, State Superintendent of Education; the State Board of Education; and the Chicago Board of Education, seeking declaratory and injunctive relief. Plaintiffs' complaint alleged violation of article 10, section 1 of the Illinois Constitution (Ill. Const.1970, art. X, § 1), which guarantees an efficient and high-quality education; violation of the equal protection clauses of the United States and Illinois Constitutions (U.S. Const., art. XIV, § 1; Ill. Const.1970, art. I, § 2); and violation of the First, Ninth and Fourteenth Amendments to the United States Constitution (U.S. Const., arts. I, IX, XIV) and article I, section 2 of the Illinois Constitution (Ill. Const.1970, art. I, § 2) alleging deprivation of parental rights to control and influence the education of their children. The plaintiffs sought a declaration of their rights and an injunction diverting control over state education funds in the common school fund allocated pursuant to section 18-8 of Illinois School Code (105 ILCS 5/18-8 (West 1992)) from the Chicago Public Schools to the plaintiff parents so that they could secure an education for their children in a public or private school of their choice. The trial court dismissed plaintiffs' complaint with prejudice finding that the plaintiffs failed to state a cause of action, and the plaintiffs appeal. On motion, this court allowed the filing of an amicus curiae brief which supports the dismissal of plaintiffs' complaint, due to its conclusory pleading, but seeks the filing of an amended complaint realleging violations of the constitutional right to a high quality education and of the equal protection clauses to the federal and state constitutions. 1
The issues presented for review are: whether the Illinois Constitution imposes a duty to provide an efficient and high quality education to all schoolchildren in the state and, if so, whether that duty is satisfied by the legislative enactment of the Illinois School Code (105 ILCS 5/1-1--550/1 (West 1992) (the School Code); whether the complaint alleges facts sufficient to establish an equal protection violation of the Illinois and United States Constitutions; whether the complaint alleges facts sufficient to establish a deprivation of the right to parental liberty to control the child's education; and whether the court has judicial authority to enjoin the allocation of state education funds to the Chicago Public Schools.
A section 2-615 motion to dismiss is used to attack deficiencies in a pleading. (E.g., Reuben H. Donnelley Corp. v. Brauer (1995), 275 Ill.App.3d 300, 211 Ill.Dec. 779, 655 N.E.2d 1162.) A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover. (E.g., Zadrozny v. City Colleges of Chicago (1991), 220 Ill.App.3d 290, 163 Ill.Dec. 93, 581 N.E.2d 44.) When ruling on a motion to dismiss, all well-pleaded facts in the complaint and all reasonable inferences arising therefrom are admitted as true (Capitol Indemnity Corp. v. Stewart Smith Intermediaries (1992), 229 Ill.App.3d 119, 171 Ill.Dec. 52, 593 N.E.2d 872) and are interpreted in a light most favorable to the plaintiff. Conclusions in a complaint, unsupported by fact, are not accepted as true (Committee for Educational Rights v. Edgar (1994), 267 Ill.App.3d 18, 204 Ill.Dec. 378, 641 N.E.2d 602); and where recovery is sought on the basis of constitutional violations, it is not sufficient to allege those violations generally; rather, specific facts must be set forth to rebut the presumption of constitutionality. Lee v. Pucinski (1994), 267 Ill.App.3d 489, 204 Ill.Dec. 868, 642 N.E.2d 769.
Article X, section 1 of the Illinois Constitution of 1970 provides in pertinent part as follows:
"Section 1. GOAL--FREE SCHOOLS
A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities.
The State shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law." (Ill. Const.1970, art. X, § 1.)
There is no question that this article mandates that the legislature provide an efficient, high quality educational system which is free to the public. .
In Pierce v. Board of Education (1977), 69 Ill.2d 89, 12 Ill.Dec. 731, 370 N.E.2d 535, our supreme court held that article X, section 1 of the Illinois Constitution of 1970 pronounced a statement of general philosophy. The court stated that the article was not self-executing and did not "mandate that certain means be provided in any specific form." 69 Ill.2d at 93, 12 Ill.Dec. at 732, 370 N.E.2d at 536; see also Cronin v. Lindberg (1976), 66 Ill.2d 47, 58, 4 Ill.Dec. 424, 429, 360 N.E.2d 360, 365 (); Board of Education, School District No. 150 v. Cronin (1977), 51 Ill.App.3d 838, 10 Ill.Dec. 113, 367 N.E.2d 501 ( ).
A similar interpretation was given to article X's predecessor in the Illinois Constitution of 1870 which required that "[t]he General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education." (Ill. Const.1870, art. VIII, § 1.) In People ex rel. Leighty v. Young (1923), 309 Ill. 27, 139 N.E. 894, the court held that this constitutional provision provided the legislature with both a mandate, to provide a thorough and efficient system of schools, and a limitation, to provide a free system. (See also People v. Deatherage (1948), 401 Ill. 25, 81 N.E.2d 581 ( ).) The court further noted in Young, however, that, while the legislature had no discretion with respect to providing the system, it had "unquestioned power and discretion, within the limits stated, to determine what a common school education shall be." (309 Ill. at 34, 139 N.E. at 897; see Elliot v. Board of Education, 64 Ill.App.3d at 235, 20 Ill.Dec. at 932, 380 N.E.2d at 1141 ( ).) With respect to that discretion, the supreme court stated in People v. Deatherage:
...
To continue reading
Request your trial-
People v. Gale
...test. First, neither indigent defendants nor prisoners comprise suspect classifications. See Jenkins v. Leininger, 277 Ill. App.3d 313, 324, 213 Ill.Dec. 719, 659 N.E.2d 1366 (1995); accord People v. Garvin, 152 Ill.App.3d 438, 444, 105 Ill.Dec. 663, 504 N.E.2d 948 (1987), rev'd on other gr......
-
Lewis E. v. Spagnolo
...open to all, without discrimination. People v. Deatherage, 401 Ill. 25, 30, 81 N.E.2d 581 (1948); Jenkins v. Leininger, 277 Ill.App.3d 313, 317, 213 Ill.Dec. 719, 659 N.E.2d 1366 (1995). Defendants argue that the constitutional mandate regarding education is directed exclusively to the legi......
-
Liquidation of MedCare HMO, Inc.
...therefrom are admitted as true and are interpreted in a light most favorable to the plaintiff. E.g., Jenkins v. Leininger, 277 Ill.App.3d 313, 213 Ill.Dec. 719, 659 N.E.2d 1366 (1995). Appellate review of a dismissal pursuant to section 2-615 is de novo. E.g., Lawson v. City of Chicago, 278......
-
Makindu v. Ill. High Sch. Ass'n
...rule or law will be upheld only if it is narrowly tailored to serve a compelling state interest. Jenkins v. Leininger, 277 Ill.App.3d 313, 321–22, 213 Ill.Dec. 719, 659 N.E.2d 1366 (1995). Where neither a “fundamental right” nor a suspect class is involved, a legislative enactment is presum......