Noyola v. Board of Educ. of City of Chicago, 1-90-1660

• Decision Date: 19 March 1992
• Docket Number: No. 1-90-1660,1-90-1660
• Citation: 592 N.E.2d 165,227 Ill.App.3d 429
• Parties: , 169 Ill.Dec. 678, 74 Ed. Law Rep. 1219 Concepcion NOYOLA, et al., Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF the CITY OF CHICAGO, et al., Defendants-Appellees. First District, Fourth Division
• Court: United States Appellate Court of Illinois

Page 165

592 N.E.2d 165

227 Ill.App.3d 429, 169 Ill.Dec. 678,

74 Ed. Law Rep. 1219

Concepcion NOYOLA, et al., Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF the CITY OF CHICAGO, et al Defendants-Appellees.

No. 1-90-1660.

Appellate Court of Illinois,

First District, Fourth Division.

March 19, 1992.

Ruben Castillo and Arturo Jauregui of the Mexican American Legal Defense Fund and Michael Radzilowsky of Radzilowsky and Dobish, Chicago, for plaintiffs-appellants.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago (Jan E. Hughes, of counsel), for defendants-appellees.

Justice McMORROW delivered the opinion of the court:

This is an appeal from the trial court's dismissal with prejudice of a complaint filed by plaintiffs, who are (1) parents of allegedly disadvantaged Chicago school children and (2) community-based advocacy groups whose members include parents of allegedly disadvantaged Chicago school children. The trial court dismissed plaintiffs' complaint under section 2-615 of the Illinois Code of Civil Procedure (Ill.Rev.Stat.1989, ch. 110, par. 2-615) because it concluded that the plaintiffs lacked standing to challenge the method by which the defendants, the Board of Education of the City of Chicago (hereinafter the Chicago Board of Education) and the Illinois State Board of Education, allocate certain public funds for educational use. Because we find defendants' arguments insufficient basis to dismiss plaintiffs' complaint for lack of standing, we reverse and remand.

The plaintiffs in the instant cause are comprised of two groups. One group is parents of allegedly economically disadvantaged Chicago public school children. A second group is community-based advocacy organizations (Parents United for Responsible Education, Por Un Barrio Mejor, and United Neighborhood Organization of Chicago) whose members include parents of allegedly economically disadvantaged Chicago public school children. As ultimately amended, plaintiffs' suit challenged the method by which the State Board of Education allocates to the Chicago School Board certain public school funds intended exclusively for economically disadvantaged students. These funds are referred to by the parties as "Title I funds," and are provided for in section 18-8(A)(1)(i) of the Illinois School Code. (Ill.Rev.Stat.1989, ch. 122, par. 18-8(A)(1)(i).) Plaintiff's pleading was filed as a class action suit on behalf of all economically disadvantaged students of Chicago public schools.

In their complaint, plaintiffs alleged that the Chicago School Board and the State Board of Education have been improperly allocating Title I funds among Chicago public schools. Count I of the complaint alleged that the defendants' improper allocation of Title I funds violated the plaintiffs' right to "adequate educational opportunities" under article X, section 1 of the Illinois Constitution. (Ill. Const.1970, art. X, § 1.) In count II, plaintiffs alleged that defendants' improper use of Title I funds created a system of unequal distribution of educational resources among Chicago public school students, thereby violating the equal protection clause of the Illinois Constitution. (Ill.Const.1970, art. I, § 2.) Count III alleged that defendants' actions were unlawful under the Illinois Administrative Procedure Act. (Ill.Rev.Stat.1989, ch. 127, par. 1001 et seq.) In count IV, plaintiffs alleged that defendants' improper use of Title I Funds violated plaintiffs' rights under section 1983 of the Civil Rights Act (42 U.S.C. § 1983 (1989)) and the equal protection clause of the fourteenth amendment to the United States Constitution. (U.S. Const., amend. XIV.) Plaintiffs requested injunctive and declaratory relief.

Defendants filed a motion to dismiss plaintiffs' amended complaint, pursuant to section 2-615 of the Illinois Code of Civil Procedure (Ill.Rev.Stat.1989, ch. 110, par. 2-615), for failure to state claims for which relief could be granted. Defendants argued inter alia that plaintiffs lacked standing to sue defendants for the alleged improper use of Title I Funds. Following briefing and argument, the trial court allowed defendants' motion to dismiss and dismissed plaintiffs' complaint in its entirety with prejudice. Plaintiffs appeal.

We consider first the parties' arguments regarding the standing of those plaintiffs who are parents of allegedly economically disadvantaged Chicago public school students. Defendants claim that these plaintiffs have no standing to challenge the use of Title I funds under section 18-8(A)(1)(i) of the School Code. Specifically, defendants assert that these plaintiffs cannot state a "private cause of action" under section 18-8(A)(1)(i).

Under Illinois jurisprudence, a plaintiff possesses standing to sue when the plaintiff has suffered an injury in fact to a legally cognizable interest. (Greer v. Illinois Housing Development Authority (1988), 122 Ill.2d 462, 492-93, 120 Ill.Dec. 531, 524 N.E.2d 561.) The Illinois Supreme Court has refused to expand the requirements of standing to include a "zone of interest" test. (See Greer, 122 Ill.2d at 487-92, 120 Ill.Dec. 531, 524 N.E.2d 561.) Under the zone of interest test, a plaintiff must show that the defendant's violation of the statute will cause the plaintiff to suffer an injury, and that the interest asserted by the plaintiff lies within the "zone of interests" protected by the statute. Greer, 122 Ill.2d at 487, 120 Ill.Dec. 531, 524 N.E.2d 561.

Defendants argue that in order to have standing to sue, plaintiffs must state a "private cause of action." A private cause of action is found to exist where: (1) the plaintiff falls within the class of persons the statute is designed to benefit; (2) the plaintiff's injury is one the statute is intended to prevent; (3) implying the cause of action is consistent with the underlying purpose of the statute; and (4) implying a private cause of action is necessary to effectuate the purpose of the statute. Board of Education v. A, C & S, Inc. (1989), 131 Ill.2d 428, 470, 137 Ill.Dec. 635, 546 N.E.2d 580.

In light of Greer, we must decline defendants' invitation to further engraft upon Illinois standing law the additional requirement that the plaintiffs satisfy the factors associated with the concept of a "private cause of action." The criteria governing a private cause of action are markedly similar to the zone of interest test. In each test, the plaintiff must show that he has been injured by the defendant's violation of the statute, and that the plaintiff's injury is one the statute is designed to prevent. Both analyses also require consideration of the underlying purposes of the statute in question. See Greer, 122 Ill.2d at 487-91, 120 Ill.Dec. 531, 524 N.E.2d 561; Board of Education, 131 Ill.2d at 470, 137 Ill.Dec. 635, 546 N.E.2d 580.

Because the Illinois Supreme Court has refused to apply the zone of interest test to Illinois standing requirements, we find the criteria of a private cause of action equally inapplicable to standing requirements under Illinois law. We adhere to the view expressed by the Illinois Supreme Court in Greer that it would serve no useful purpose to further expand the concept of standing in Illinois beyond the present requirement that the plaintiff show an injury in...