Morgan v. Board of Ed., Trico Community Unit School Dist. No. 176
Decision Date | 11 September 1974 |
Docket Number | No. 74--11,74--11 |
Citation | 22 Ill.App.3d 241,317 N.E.2d 393 |
Parties | Angela MORGAN, By her father and next best friend, Clifford Morgan, Plaintiff-Appellee, v. BOARD OF EDUCATION, TRICO COMMUNITY UNIT SCHOOL DISTRICT #176, et al., Defendants-Appellants. |
Court | United States Appellate Court of Illinois |
R. N. Gandy, R. K. Peek and R. N. Gandy, Du Quoin, for defendants-appellants.
Douglas A. Ingold, Land of Lincoln Legal Assistance Foundation, Inc., Carbondale, for plaintiff-appellee.
Counsel acknowledges the valuable assistance of Thomas M. Vaught.
This action was brought to enjoin the defendant school district from retaining the plaintiff Angela Morgan in kindergarten and to obtain a declaratory judgment that the plaintiff be entitled to attend the first grade. The Circuit Court of Jackson County, Illinois granted both a temporary and permanent injunction enjoining the defendant from refusing to allow Angela Morgan to enroll in the first grade and ordered that she be admitted to the first grade. It is from that order this appeal was taken.
The facts in this case are not in dispute. Pursuant to Ill.Rev.Stats. ch. 122, § 10-- 20.19a (1973) which became effective after July 1, 1970, the defendant Trico School District established a kindergarten as an integral part of the school system, integrated with grades one through six. During the 1972--73 school year, the defendant school board incorporated into its curriculum a 'readiness test' to be administered to all students entering the first grade from kindergarten. All students who wished to enter the first grade were required to take the 'readiness test' and pass it.
At age five, the plaintiff Angela Morgan entered the Trico school system attending the kindergarten class during the 1972--1973 school year. Her teacher, Karen Conner, testified that she attended irregularly, being absent a total of forty days during the school year. At the end of her year in kindergarten Angela was given the 'readiness test,' but did not pass. Her teacher therefore recommended that she be retained in kindergarten.
During the summer of 1973, Angela was enrolled in the summer session of the Trico school system. At the end of the summer session and prior to the commencement of the 1973--1974 school year, Angela was again given the 'readiness test' and the results indicated that she had made no progress during the summer session. As a result, she was refused admission to the first grade when her parents tried to enroll her in the first grade at the beginning of the 1973--1974 school year. It is important to note that the attorneys representing both sides and the trial court itself were not interested in the validity of the testing procedure, and therefore this is not an issue to be concerned with on appeal.
Disturbed by the defendant's refusal to permit their daughter to enroll in first grade, Angela's parents brought this action which caused the defendant to be enjoined from preventing Angela's enrollment.
The substantive issue on appeal involves the question of whether or not the defendant school system has the statutory authority to retain a six year old child in kindergarten, because of her inability to successfully complete a 'readiness test' required of all children passing from kindergarten to first grade in the Trico school system. The defendant-appellant argues that the Illinois School Code, Ill.Rev.Stats. ch. 122, §§ 1--1 to 36--1 (1973) grants the school board the duty and authority to establish different grades and adopt regulations for the admission of pupils into them. It contends that kindergarten is a grade within the school system, that once a pupil has entered the school system that pupil is subject to the rules and regulations of the school board and their administrators, and that once enrolled in kindergarten a pupil may be required to meet a minimum standard of achievement or knowledge before that child will be permitted to go on to first grade.
On the other hand, the plaintiff-appellee argues that under Illinois law there is no requirement that a child attend kindergarten. While it is mandatory for school boards to provide a kindergarten (Ill.Rev.Stats. ch. 122, § 10--20.19a (1973)), plaintiff argues that the law does not mandate that parents send their children to a kindergarten, since Ill.Rev.Stats. ch. 122, § 26--1 (1973) makes it the duty of parents of children between the ages of 7 and 16 years to see that they attend some public school and Ill.Rev.Stats. ch. 122, § 10--22.18 (1973) manifests an intent by the legislature that kindergartens be established for the instruction of children between the ages of 4 and 6 years only. Furthermore, plaintiff argues that since the School Code requires first, that each school board provide for a minimum school term of at least 185 days to insure 176 days of actual pupil attendance, Ill.Rev.Stats. ch. 122, § 10--19 (1973), and secondly, that each school board has a duty to establish a sufficient number of free schools for the accommodation of all persons . . . over the age of 6 and under 21 years, and to secure for all such persons the right and opportunity to an equal education in such schools Ill.Rev.Stats. ch. 122, § 10--20.12 (1973), and since the Trico school district conducts kindergarten for a half day only, the retention of Angela in kindergarten would in effect deny her the right to a free and equal education. And lastly, the plaintiff contends that a kindergarten program designed for children between 5 and 7 years of age, such as Trico's, contravenes Illinois law and public policy to the extent that kindergarten was designed for children between the ages of 4 and 6 years. Ill.Rev.Stats. ch. 122, § 10--22.18 (1973).
The trial court, in rendering its decision, found that although a school district is required to maintain a kindergarten, there is no corresponding duty to attend kindergarten, and in that Angela was denied enrollment in first grade, she was denied equal protection of the laws. The court found significant, testimony that children who moved into the district were treated differently. Those who were certified as having completed kindergarten in another district were not subjected to the same 'readiness tests' as youngsters moving from the Trico kindergarten to first grade, even though the other district might have vastly different standards. Even if the Trico school district received a 7 year old from another system who had Not attended kindergarten, he would be placed in the first grade.
No Illinois cases deal with this issue. We are, therefore, faced with an issue of first impression. The problem is essentially one of statutory interpretation, defining the scope of and limits to a school board's power. In order to effectively deal with the issue, it is necessary to first consider the applicable statutes involved. Illinois law requires that such school board provide a minimum school term of 185 days to insure 176 days of actual pupil attendance. Ill.Rev.Stats. ch. 122, § 10--19 (1973). The school board has a duty to establish and keep in operation during a school term a sufficient number of free schools to accommodate all persons in its district over the age of 6 and under 21 years, and to secure for all such persons the right and opportunity to an equal education in such schools. Ill.Rev.Stats. ch. 122, § 10--20.12 (1973). Under Ill.Rev.Stats. ch. 122, § 10--20.19a, the school board has a Duty to establish and maintain kindergartens for...
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Morrison v. Chicago Bd. of Educ., 1-88-2450
... ... 324, ... 56 Ed. Law Rep. 524 ... Daniel J. MORRISON, a minor, ... CHICAGO BOARD OF EDUCATION, Defendant-Appellant-Cross-Appellee ... pursuant to the provisions of the Illinois School Code. Plaintiff cross-appeals from the denial of ... a minimum term of at least 185 days to insure 176 days of actual pupil attendance ... Except as ... Plaintiff cites Morgan v. The Board of Education (1974), 22 Ill.App.3d ... High School District 214, Cook County (1st Dist.1983), 117 Ill.App.3d 917, 922, 73 Ill.Dec. 209, ... ...