U-46 reviewing new settlement offer in bias suit

At a hearing before a federal judge Tuesday, parties in the Elgin Area School District U-46 racial bias lawsuit revealed that a settlement offer is on the table.

The offer is the first being considered by the district in nearly a year.

Last October, attorneys from Franczek Sullivan, one of the firms representing U-46, determined a settlement proposal written by plaintiffs was "not remotely close to being a reasonable proposal."

A modified offer was delivered to the district Aug. 1, said Carol Ashley of the Futterman Howard law firm, which represents the Elgin families suing.

Ashley said the plaintiffs' new settlement offer "would allow the district to maintain local control," and "talks about policies and procedures more than just adding on programs."

She declined to elaborate.

Franczek Sullivan lawyer Michael Hernandez said his firm plans to sit down with U-46 officials next Monday to discuss the terms of the proposal and plans to respond sometime this month.

At a July 1 court appearance, Magistrate Judge Michael T. Mason urged both sides to consider settlement.

Federal Judge Robert W. Gettleman echoed Mason's sentiments Tuesday, calling the case both "expensive" and "time consuming," noting that he'd rather resources were used in more constructive ways. "I see a lot of money going down the drain," he said.

Tuesday's hearing was the first since Gettleman granted the case class-action status Aug. 8.

Currently, if the court rules in favor of the Elgin families, U-46 would be forced to institute districtwide remedies - affecting more than 25,000 current and former minority students instead of the 13 named plaintiffs. The district will also likely have to pick up at least a portion of the Elgin families' legal fees.

On Aug. 22, U-46 asked a federal court of appeals to reverse Gettleman's ruling. Official settlement talks haven't happened since 2004, before the lawsuit was filed.

First filed in February 2005, the suit claims that U-46 violated the rights of black and Latino students by placing them in older, more crowded schools, busing them farther and more often than their white peers and giving them inferior educational opportunities.

The lawsuit has cost U-46 taxpayers more than $4.6 million.

"There is no question in my mind, just from the perspective of public good that you should be discussing settlement," Gettleman said.

The judge told both sides that "there has to be compromise," and urged them to come at settlement from "a mature, realistic standpoint."

The next hearing is set for Sept. 17.