Quality Ed. for All Child., Inc. v. SCHOOL BD., ETC., ILL.
Decision Date | 27 June 1974 |
Docket Number | No. 70 C 16.,70 C 16. |
Citation | 385 F. Supp. 803 |
Parties | QUALITY EDUCATION FOR ALL CHILDREN, INC., et al., Plaintiffs, v. SCHOOL BOARD OF SCHOOL DISTRICT #205 OF WINNEBAGO COUNTY, ILLINOIS, Defendant. |
Court | U.S. District Court — Northern District of Illinois |
Donald S. Frey, Evanston, Ill., for plaintiffs.
Dale F. Conde, Pedderson, Menzimer, Conde, Stoner, Ferolie & Spelman, Rockford, Ill., for defendant School Board.
Anthony R. Fabiano, Rockford, Ill., for defendant-intervenor REA.
Rolland J. McFarland, Rockford, Ill. and James C. Murray, Richard M. Calkins, Burditt & Calkins, Chicago, Ill., for defendant-intervenor Parents.
This cause comes on the submission by the respective parties of their various proposals for school desegregation.
The named plaintiffs are all citizens of the United States and residents of School District #205 of Winnebago County, Illinois. Some of the named plaintiffs are individuals while others are community organizations which are allegedly voluntary associations of citizens, most of whom are also citizens of the school district and taxpayers of the State of Illinois. The defendant is the School Board of School District #205 of the Winnebago County Schools, State of Illinois.
On January 4, 1974 this Court allowed the parents of certain school children attending school in School District #205 to intervene in these proceedings as self styled defendant-intervenors. On February 15, 1974, the Rockford Education Association, Inc. ("REA"), which is the teachers' union for the school district, was allowed to intervene in this litigation as a defendant.
The instant suit is a class action, brought by the plaintiffs (qua individual taxpayers and voluntary associations) on behalf of other residents and taxpayers similarly situated in School District #205 of Winnebago County, State of Illinois ("School District"), pursuant to Rule 23(a) and Rule 23(b)(2), Federal Rules of Civil Procedure. The class represented by the named plaintiffs allegedly consists of all residents of the School District including both black and white citizens.1
The instant suit seeks to redress the alleged deprivation of the plaintiffs' civil rights by the alleged racial discrimination and imbalanced educational opportunities existing in the defendant School District in violation of the Tenth, Thirteenth, Fourteenth and Fifteenth Amendments to the United States Constitution. See Quality Education for All Children, Inc. et al. v. School Board of School District #205 of Winnebago County, Illinois, 362 F.Supp. 985 (N.D. Ill.1973). This Court allegedly has jurisdiction over the instant action pursuant to 42 U.S.C. § 1981.
This Court in its Memorandum Opinion and Order dated August 16, 1973 clearly explicated the relevant facts which strongly suggest a problem of minority isolation in the School District. See Quality Education for All Children, Inc. et al. v. School Board of School District #205 of Winnebago County, Illinois, supra. It was clear that the School District failed to comply with state standards relating to minority integration.2 This Court's Memorandum Opinion and Order dated August 16, 1973 contains, inter alia, the following facts which are important to the proper evaluation of any school desegregation program:
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