Settlement offer now on the table in U-46 racial bias suit

The ping-pong match surrounding settlement in the Elgin Area School District U-46 racial bias suit continues.

Less the 48 hours after a federal judge denied the Elgin families request for a settlement conference on the basis that no offer had been presented, the families asked again.

This time, the request came with teeth - the first settlement offer in more than a year and a half.

Carol Ashley, lawyer for the plaintiffs, wouldn't reveal what is contained in the two-page document, or why the plaintiffs chose to submit an offer now.

"I can't talk about it. I don't think it's appropriate to talk about settlement in any regard," she said.

According to the Wednesday court filing, "Plaintiffs' proposal ... addresses in simple and concrete fashion the issues the plaintiffs believe need to be resolved in order to arrive at a settlement that addresses the needs of the minority students in District U-46 but is also a fair proposal that the district would hopefully embrace in the interest of all students."

Per the motion, the plaintiffs are "perfectly comfortable" with the court seeing the proposal and hope that the district "will use this opening offer as a means of commencing constructive discussions toward resolving this litigation."

Constructive discussions about ending the five-year-old class-action case have been few and far between.

A December 2008 settlement conference failed after 31/2 hours of talks. Lawyers from both sides declined to elaborate on specifics, citing judge's orders. An attempt at talks also failed in December 2004, before the lawsuit was filed.

District officials have repeatedly reiterated their refusal to give up control of the 41,000-student district through an eighth school board member or court order, and have, in the past, committed to standing their chances at trial.

Sparked by 2004 boundary changes, the suit charges that U-46 violated the rights of black and Latino students by placing them in older, more crowded schools; forcing them to ride buses farther and more often than their white peers; and giving them inferior educational opportunities. It has cost cash-strapped U-46 to date more than $8.7 million in legal fees.

Patti Whitten, one of the attorneys who represents the district, said Wednesday afternoon she hadn't yet had a chance to read the settlement offer.

"I'm assuming this will all be discussed with the (school) board and we'll see what they want to do," she said.