Settlement talk set in U-46 bias suit

After nearly four years, it's time to talk.

A settlement conference has been set in the lawsuit accusing Elgin Area School District U-46 of racial bias.

On Dec. 15, representatives from the five Elgin families suing the district will meet with the seven members of the school board, Superintendent Jose Torres, and district legal counsel Pat Broncato to discuss terms of a counteroffer delivered to the plaintiffs at the end of September.

That counteroffer came in response to an Aug. 1 proposal -- deemed "unreasonable" by the district's lawyers -- asking U-46 to change a number of its policies and practices,

Despite meeting Nov. 24 to go over the counteroffer, both sides say they are still far away from an agreement.

One roadblock, revealed Tuesday, is a dispute over the production of certain district documents.

The Elgin families feel the documents would answer questions about current practices in U-46, lawyer Carol Ashley said.

But because a written discovery deadline in the case has long since passed, the district does not intend to turn over any more documents, attorney Patricia Whitten told the judge.

Still, "sitting down with court would be helpful," Ashley said.

The last time settlement talks took place was in December 2004, before the lawsuit was filed.

Sparked by 2004 boundary changes, the families claim 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.

Now a class-action case, the suit could force U-46 to implement districtwide changes in the treatment of its minority students.

With more than 25,000 current and former black and Latino students, changes, experts have said, would be very costly. The suit already has cost the district more than $5.9 million in legal fees.

The sides must each submit to the court by Thursday a list of three suggested neutral experts, with experience in education law, that can help facilitate the settlement talks.

"Let's go at this thing in good faith here," U.S. Magistrate Judge Michael T. Mason said.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=255248">Settlement talk set in U-46 bias suit <span class="date">[12/03/08]</span></a></li> <li><a href="/story/?id=255248">U-46 board members, plaintiffs must meet on federal suit <span class="date">[11/04/08]</span></a></li> <li><a href="/story/?id=235941">Appellate court won't consider reversing class-action ruling in U-46 bias case <span class="date">[09/18/08]</span></a></li> <li><a href="/story/?id=235696">Judge urges sides to consider mediator in U-46 lawsuit <span class="date">[09/18/08]</span></a></li> <li><a href="/story/?id=233316">School districts walk fine line between integration, discrimination <span class="date">[09/08/08]</span></a></li> <li><a href="/story/?id=232042">U-46 reviewing new settlement offer in bias suit <span class="date">[09/02/08]</span></a></li> <li><a href="/story/?id=229700">U-46 asks court to reverse class-action status <span class="date">[08/23/08]</span></a></li> <li><a href="/story/?id=229094">U-46, other districts struggle to serve changing population <span class="date">[08/21/08]</span></a></li> <li><a href="/story/?id=228801">U-46 foes say there's a common thread at work: District is too big <span class="date">[08/20/08]</span></a></li> <li><a href="/story/?id=227258">Community members look to new U-46 chief to nudge settlement talks <span class="date">[08/13/08]</span></a></li> <li><a href="/story/?id=226956">Judge grants class-action status to U-46 bias suit <span class="date">[08/11/08]</span></a></li> </ul> </div> </div> </div>