Settle the District 46 bias suit soon

It's time. It's past time.

After more than 3 years and more than $4.6 million in legal costs funded by the thousands of residents in the state's second largest school district, it's time the plaintiffs and Elgin Area School District U-46 officials sit down and determine a way to settle the racial bias lawsuit that has been dragging everyone down.

One week ago, federal Judge Robert W. Gettleman granted class-action status to the suit that was filed 3 years ago after officials unveiled new boundaries in 2004 that ended the practice of busing students to achieve racial balance.

The suit demonstrates some families are deeply concerned that the map, policies and practices are not fair to all. The judge's granting of class-action status now signals he may think their claims have some merit. The class-action status also is going to escalate the cost of this lawsuit exponentially. It means that if the court were to side with the five Elgin families accusing the district of bias, all current and some former Hispanic and black U-46 students who have been subjected to bias would qualify for remedies.

In his ruling, Gettelman said racial bias might have occurred in the instability of student placements, in placements to overcrowded schools, in placing students outside their neighborhoods and in the cost involved in transporting those students. Any court-ordered remedies now could apply to any students from the past four years while the suit dragged on marked by long discovery periods and much debate.

As Daily Herald reporting repeatedly has noted, three major school desegregation suits have altered Illinois schools in the past 20 years. In Champaign and Freeport, parents and district officials managed to stay out of court. In Rockford, a 15-year lawsuit mess resulted in hundreds of families leaving the community or shifting their children to private schools. None of us may ever know the full effect on students' education and social upbringing, but the financial price tag was $250 million.

The Elgin case might not be as extensive. Nonetheless, it is one being followed by school officials, students, parents and taxpayers throughout the state. Several area districts have large concentrations of Hispanic students and the latest U.S. Census report clearly indicates that our Hispanic population will grow. By 2050, the census bureau projects minorities will be the American majority. Many, many of those residents will be legal citizens.

In District 46 that covers Elgin and a number of suburbs, it is in everyone's best interest that all students are given the best chance to learn and succeed. Those charging bias seek a court-approved plan to remedy allegedly biased policies and practices. They seek financial damages and payment of legal costs.

Even if the court ruled for the district, the social and financial price now is too high.

For the good of the children, for the good of the parents, for the good of the district and all its taxpayers, it's time. It's past time for a concentrated effort at a settlement and a fresh start.