U-46 preparing counter-offer in bias suit

Elgin Area School District U-46 is preparing a settlement counter-offer in the racial bias lawsuit against it, attorneys revealed at a Wednesday hearing before a federal judge.

The offer, said John Borkowski, an attorney representing the school district, is in response to the plaintiffs' settlement proposal, delivered to the district Aug. 1.

According to Carol Ashley of the Futterman Howard law firm, which represents the Elgin families suing, the plaintiffs' offer "would allow the district to maintain local control," and "talks about policies and procedures more than just adding on programs."

At a hearing last week, Borkowski said that the plaintiffs' offer did not "contain anything that suggests a reasonable proposal yet."

Borkowski called terms of the district's counter-offer confidential, but said it should be sent to the plaintiffs by the end of the week.

Despite the urging of both judges involved in the case, official settlement talks haven't happened since 2004.

The suit alleges black and Hispanic students in U-46 attend older, more crowded schools; are bused farther and more often than white students; and receive inferior educational opportunities.

To date, it has cost the district more than $5.9 million in legal fees.

Wednesday's hearing before Magistrate Judge Michael T. Mason was the first since a federal appellate court upheld the Northern District Court's ruling giving the case class-action status.

More than 25,000 current and former black and Hispanic U-46 students would receive remedies if the plaintiffs prevail in the suit.

The parties will meet before Judge Robert Gettleman Friday, and before Mason again next Thursday.

"Try to work it out," Mason told the attorneys.