Judge suggests 'neutral experts' in U-46 bias case

Citing their effectiveness in the renowned Corey H. special education case, a federal judge Tuesday urged sides in the Elgin Area School District U-46 racial bias suit to use neutral experts in working toward a resolution.

"Having neutral settlement experts come in is creative and productive," Judge Robert W. Gettleman said at a hearing in Chicago. "This is an old case. I'd rather have the resources going to the kids."

The four-year-old class-action lawsuit was filed by a group of Elgin families over U-46's 2004 decision to redraw attendance boundaries.

The new boundaries, the families claim, violated the constitutional rights of Hispanic and black students by providing them with inferior educational opportunities. Specifically, they charged that the new boundaries placed minority students in older, more crowded schools and forced them to ride buses farther and more often than their white peers.

U-46 has utilized two high-powered law firms and spent more than $7.8 million defending itself against the suit's claims.

An attempt at settlement talks failed in December and none have since been rescheduled.

Plaintiffs' attorney Carol Ashley told Gettleman her clients presented the district another settlement proposal in mid-June.

But Patti Whitten, one of the district's lawyers, called the presentation a "process" that the plaintiffs suggested, with a list of mediation experts that could be used, not a true settlement proposal.

Whether an official proposal or not, Gettleman urged the sides to utilize experts, referencing his "other school case," the Corey H. lawsuit.

The 1992 suit, also a class-action claim, was filed by three Chicago Public School families on behalf of all special education students in the district. The families claimed that CPS and the Illinois State Board of Education were violating the Individuals with Disabilities Act by restricting special education students to certain classrooms.

Like the U-46 suit, Corey H. dragged on for years before settlement agreements were reached with CPS and the state board.

Gettleman Tuesday noted that an attempt at settlement didn't work in 1994 with Corey H., but bringing in experts "did lead ultimately to settlement."

Magistrate Judge Michael T. Mason, who also handles the case, was considerably less optimistic that the parties would reach an agreement on their own.

"It is clear that settlement is highly unlikely at this time," Mason wrote in a June 26 ruling. "The parties must not delay further in their completion of discovery and preparation for trial."