U-46 bias suit moving closer to trial

At their first court appearance in nearly two months, parties in the Elgin Area School District U-46 racial bias lawsuit informed a federal judge that it's fairly smooth sailing toward an upcoming trial, which could begin as early as this summer.

The sides are currently wrapping up expert discovery, the final part of the pretrial evidence exchange.

The class-action lawsuit stemmed out of U-46's 2004 decision to change boundaries. The five Elgin families suing claim that the move violated the constitutional rights of the district's black and Hispanic students by forcing them to attend older, more crowded schools; busing them farther and more often than white students; and providing them with inferior educational opportunities.

Filed in 2005, it turned five years old Feb 5. U-46 is now in the process of determining new boundaries for the 2010-11 school year.

According to district lawyers Michael Hernandez and John Borkowski, and Steven Schneck, who represents the Elgin families, depositions of educational experts should be wrapped up by March 31.

The lawsuit was up in court frequently in late 2008 and 2009, following Judge Robert W. Gettleman's August 2008 class-action ruling.

Magistrate Judge Michael T. Mason said he does not plan to set any more status hearings.

He also asked parties if they'd consider sitting down for another settlement conference. The last conference, in December 2008, failed to pan out.

While the plaintiffs say they're still open to settlement discussions, it has become evident that trial is the most likely route for the protracted and costly suit.

"We're moving forward, getting ready for trial," Hernandez said.

How long a trial might last is anybody's guess. Of the desegregation lawsuits affecting Illinois school districts in recent years, the most notable is Rockford's 15-year legal morass, which during the 1990s drove hundreds of families into private schools, sharply divided the city and cost taxpayers $250 million. Rockford's trial lasted 10 months.

The suit has cost U-46, which faces a $48.6 million deficit, more than $8.2 million in legal fees.

Another pretrial conference is scheduled with Gettleman for late May.