Case: Corey H. v. Board of Education [of Chicago]

1:92-cv-03409 | U.S. District Court for the Northern District of Illinois

Filed Date: May 22, 1992

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 22, 1992, four children with special-education needs and their parents filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the Chicago Board of Education (CBE) and Illinois State Board of Education (ISBE) under the Americans with Disabilities Act, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. Represented by private counsel and counsel from Equip for Equality, Design…

On May 22, 1992, four children with special-education needs and their parents filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the Chicago Board of Education (CBE) and Illinois State Board of Education (ISBE) under the Americans with Disabilities Act, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. Represented by private counsel and counsel from Equip for Equality, Designs for Change, and the Northwestern University School of Law, the plaintiffs sought declaratory and injunctive relief. The plaintiffs alleged that the CBE and the ISBE implemented a policy to exclude children with disabilities from schools attended by their non-disabled peers and failed to provide essential services for disabled children who attended the schools.

On June 18, 1992, the plaintiffs petitioned for class certification. On February 1, 1993, the district court denied motions to dismiss and certified the class, which was defined as “all children who are enrolled in [CPS] and who are or will be classified as having a disability by [CPS], and who are therefore subject to [CPS’s] and ISBE’s illegal practice and policy of failing to educate children with disabilities.”

Four years later, on February 10, 1997, the plaintiffs filed a second amended complaint, alleging that the ISBE violated the IDEA by failing to ensure that an adequate supply of qualified special education teachers was available and properly trained. In September 1997, the plaintiffs and the CBE reached a settlement, which the district court approved on January 16, 1998. The eight-year consent decree outlined a series of policies that the CPS would undertake to properly educate children with disabilities in the least restrictive environment:

  • training and increases in special education staff

  • implementation of individualized educational programs

  • evaluation of progress of disabled students in a regular academic setting

  • data collection of students’ educational performance

  • court monitoring of the defendants' compliance and progress
On February 19, 1998, Judge Gettleman held that the ISBE had violated the IDEA. 995 F. Supp. 900. Judge Gettleman permanently enjoined the ISBE from further violations and ordered the IBSE to develop regulations for teacher certification to comply with the IDEA.

On June 22, 2000, the court-appointed Monitor, Kathleen C. Yannias, submitted comments on the ISBE’s proposed certification rules to submit them as peremptory rules under the Illinois Administrative Procedure Act. The district court accepted the Monitor’s recommendations on September 12, 2000. As a response, the ISBE and the plaintiffs entered into a consent decree, which mandated:

  • that the district court would oversee the consent decrees until January 2006;

  • that the district court would appoint a Monitor to oversee the implementation of the decrees and compliance with its terms;

  • that the parties would establish district-wide targets and benchmarks by which CPS could show it was complying with the decrees; and

  • that if CPS schools were unable to meet established targets, the schools could request exemptions from those targets.
The Monitor also determined that the maximum percentage of students with disabilities in any school in the CPS system could be no greater than 20% of the school's total student population by June 1, 2005.

On March 7, 2007, Judge Gettleman extended the term of the settlement to September 1, 2010 and confirmed the cap remained at 20%. The CBE appealed to the Seventh Circuit, claiming that the district court abused its discretion by reaffirming the 20% enrollment cap. The Seventh Circuit dismissed the appeal on August 8, 2008. Corey H. v. Bd. of Educ., 534 F.3d 683 (7th Cir. 2008).

The CBE filed motions to approve the exit reports that the schools have successfully implemented the programs. On November 4, 2009, Judge Gettleman denied the motions.

On November 18, 2010, the ISBE agreed to extend its obligations to prepare annual district-wide reports on the CBE's progress to achieving the goals of the settlement agreement.

On June 2, 2011, and November 23, 2011, Judge Gettleman rejected the CBE’s appeal of the Monitor’s recommendation from the ISBE’s 9th and 11th Annual District-Wide Findings and adopted those recommendations, respectively.

On March 2, 2012, the CBE moved to vacate the consent decree based on the Seventh Circuit's decision in Jamie S. v. Milwaukee Public Schools, 668 F.3d 481 (7th Cir. 2012). On March 5, 2012, the CBE moved again to vacate the consent decree, this time arguing that it was in substantial compliance with the consent decree.

On July 19, 2012, Judge Gettleman denied the first motion. He lambasted the CBE's motion, calling it "near frivolous" and "both mystifying and disturbing, driven perhaps by considerations that have no place in the administration of CPS’s obligations under the Individuals with Disabilities Education Act." He noted the motion was particularly bizarre given that the consent decree was set to expire in a few months (on September 1, 2012). 2012 WL 2953217.

October 29, 2012, Judge Gettleman denied the second motion. He noted that the timing of the second motion meant that the briefing would not be completed before the consent decree expired. Now that the consent decree had expired, the motion was now moot.

On March 1, 2013, the Monitor submitted the Final Report on the compliance by the CBE. On September 19, 2013, the Seventh Circuit dismissed the appeal by defendants because the case was moot. Finally, on October 9, 2013, Judge Gettleman entered his final opinion in this 21-year old litigation. He acknowledged that substantial progress had been made but that there was much more work to do. He also noted that the CBE's tactics in the final months of the litigation were disheartening, and he encouraged the parties to "seek dialogue rather than discord" in the future. 2013 WL 5567556.

On October 22, 2013, the plaintiffs moved for attorneys' fees. The docket does not indicate whether this motion was ever approved.

There have been no further updates in this case. There is no reason to believe it is ongoing.

Summary Authors

Joshua Arocho (6/12/2012)

Susie Choi (5/16/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5549320/parties/corey-h-v-bd-of-education/

Judge(s)
Attorney for Plaintiff

Askew, Davis Revels (Illinois)

Attorney for Defendant

Anderson, Karen Gatsis (Illinois)

Arger, Harry N. (Illinois)

Burns, Terrence Michael (Illinois)

Expert/Monitor/Master/Other

Campbell, William Joseph Jr. (Illinois)

Documents in the Clearinghouse

1:92-cv-03409

Docket [PACER]

Corey H v. Board of Education [of Chicago]

May 6, 2014

May 6, 2014

Docket
728

1:92-cv-03409

Settlement Agreement

Jan. 16, 1998

Jan. 16, 1998

Settlement Agreement
130

1:92-cv-03409

Memorandum Opinion and Order

Feb. 19, 1998

Feb. 19, 1998

Order/Opinion

995 F.Supp. 900

275

1:92-cv-03409

Opinion

U.S. Court of Appeals for the Seventh Circuit

May 13, 2002

May 13, 2002

Order/Opinion

289 F.3d 1009

277

1:92-cv-03409

Order

Corey H v. Board of Education [of Chicago]

Sept. 11, 2002

Sept. 11, 2002

Order/Opinion
388

1:92-cv-03409

Order Regarding Chicago Board of Education's Appeal of Monitor's Decision

Feb. 28, 2006

Feb. 28, 2006

Order/Opinion
488

1:92-cv-03409

Order

March 7, 2007

March 7, 2007

Order/Opinion
587

1:92-cv-03409

Opinion

U.S. Court of Appeals for the Seventh Circuit

July 17, 2008

July 17, 2008

Order/Opinion

534 F.3d 683

650

1:92-cv-03409

Order

Nov. 4, 2009

Nov. 4, 2009

Order/Opinion
728

1:92-cv-03409

Agreed Order to Extend Certain Obligations Under the Board of Education of the City of Chicago's Settlement Agreement

Nov. 18, 2010

Nov. 18, 2010

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5549320/corey-h-v-bd-of-education/

Last updated July 3, 2026, 7:07 a.m.

ECF Number Date Description Link
1 May 22, 1992

COMPLAINT - Civil cover sheet - Appearance(s) of John S. Elson, Laura J. Miller, Nancy S. Gibson, Sharon Merle Weitzman and Karen M. Berman as attorney(s) for plaintiffs with Rule 39 affidavit of Laura J. Miller (Four original and four copies summons(es) issued.) (Documents: 1-1 through 1-5) (aew) Modified on 05/26/1992 (Entered: 05/26/1992)

RECAP
May 22, 1992

RECEIPT regarding payment of filing fee paid; on 5/22/92 in the amount of $ 120.00, receipt # 394544. (aew)

May 26, 1992

RULE 39 letter mailed to John S. Elson, Nancy S. Gibson, Sharon Merle Weitzman and Karen Marley Berman (aew)

May 26, 1992

ALIAS SUMMONS issued as to defendant IL St Bd Education (fce)

2 June 8, 1992

AMENDED COMPLAINT [1-1] by plaintiff (lal) (Entered: 06/09/1992)

RECAP
3 June 8, 1992

RULE 39 Affidavit of Nancy S. Gibson (lal) (Entered: 06/09/1992)

RECAP
4 June 8, 1992

RULE 39 Affidavit of Sharon Merle Weitzman (lal) (Entered: 06/09/1992)

RECAP
5 June 8, 1992

RULE 39 Affidavit of Karen Marley Berman (lal) (Entered: 06/09/1992)

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6 June 8, 1992

RULE 39 Affidavit of John S. Elson (lal) (Entered: 06/09/1992)

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7 June 8, 1992

RETURN OF SERVICE executed upon defendant Ted D Kimbrough on 5/26/92 (lal) (Entered: 06/09/1992)

RECAP
8 June 8, 1992

RETURN OF SERVICE executed upon defendant Bd of Education on 5/26/92 (lal) (Entered: 06/09/1992)

RECAP
9 June 8, 1992

RETURN OF SERVICE executed upon defendant IL St Bd Education on 5/26/92 (lal) (Entered: 06/09/1992)

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10 June 8, 1992

RETURN OF SERVICE executed upon defendant Robert Leininger on 5/26/92 (lal) (Entered: 06/09/1992)

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11 June 8, 1992

RETURN OF SERVICE Alias summons executed upon defendant IL St Bd Education on 5/26/92 (lal) (Entered: 06/09/1992)

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12 June 8, 1992

RETURN OF SERVICE Alias summons executed upon defendant Robert Leininger on 5/26/92 (lal) (Entered: 06/09/1992)

RECAP
13 June 12, 1992

AGREED MOTION by Bd of Education, Ted D Kimbrough for an enlargement of time ; notice of motion. (lal) (Entered: 06/15/1992)

RECAP
14 June 12, 1992

MINUTE ORDER of 6/12/92 by Hon. Harry D. Leinenweber : Granting agreed motion for an enlargement of time to and including 07/06/92 in which to answer or otherwise plead. [13-1] Mailed notice (lal) (Entered: 06/15/1992)

RECAP
15 June 12, 1992

ATTORNEY APPEARANCE for Bd of Education, Ted D Kimbrough by Karen Gatsis Anderson, Iris Ellen Sholder, Janet Berniece Johnson-Vinion, John Lawrence Wren (lal) (Entered: 06/15/1992)

RECAP
16 June 18, 1992

MINUTE ORDER of 6/18/92 by Hon. Harry D. Leinenweber : Plaintiffs' granted leave to file motion for class certification. Defendants' response to be filed by 08/21/92. Plaintiffs' reply brief due by 09/04/92. The court will rule orally on 09/29/92 at 9:00 a.m. No notice (lal) (Entered: 06/19/1992)

RECAP
17 June 18, 1992

MOTION by plaintiffs' for class certification ; notice of motion. (lal) (Entered: 06/19/1992)

RECAP
18 July 13, 1992

RESPONSE by plaintiffs' in opposition to defendants; motion to stay proceedings; Notice of filing (Attachments). (lal) (Entered: 07/16/1992)

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19 July 14, 1992

MOTION by defendants Bd of Education of the City of Chicago and Ted D Kimbrough to stay proceedings ; notice of motion and filing and certificate of service. (is) (Entered: 07/17/1992)

RECAP
20 July 14, 1992

MOTION by ISBE defendants for leave to file their motion to dismiss instanter ; notice of motion. (is) (Entered: 07/17/1992)

RECAP
21 July 14, 1992

MINUTE ORDER of 7/14/92 by Hon. Harry D. Leinenweber : Denying defendants' motion to stay proceedings [19-1]. Granting defendants leave to file motion to dismiss with supporting brief [20-1]. Plaintiffs' response due by 08/21/92. Defendants' reply brief due by 09/04/92. The court will rule orally on 09/29/92 at 9:00 a.m. No notice (is) (Entered: 07/17/1992)

RECAP
22 July 14, 1992

MOTION by defendants Bd of Education of the City of Chicago and Ted D Kimbrough to dismiss the amended complaint for lack of subject matter jurisdiction ; notice of motion and filing and certificate of service. (is) (Entered: 07/17/1992)

RECAP
23 July 14, 1992

MEMORANDUM by defendants Bd of Education of the City of Chicago and Ted D Kimbrough in support of their motion to dismiss the amended complaint for lack of subject matter jurisdiction [22-1] (Exhibits) (Attachment) (is) (Entered: 07/17/1992)

RECAP
24 July 14, 1992

MOTION by ISBE defendants IL St Bd Education and Robert Leinenweber to dismiss amended complaint . (is) (Entered: 07/17/1992)

RECAP
July 17, 1992

RULE 3.14 letter mailed to Paula Giroux (is)

25 Aug. 18, 1992

AGREED MOTION by plaintiffs for enlargement of time to file a response to motion to dismiss ; notice of motion. (fce) (Entered: 08/19/1992)

RECAP
26 Aug. 18, 1992

MINUTE ORDER of 8/18/92 by Hon. Harry D. Leinenweber : Granting agreed motion for enlargement of time to file a response to motion to dismiss [25-1]. Enter amended briefing schedules on plaintiffs' motion for class certification and defendants' motion to dismiss. Plaintiffs' response to motion to dismiss amended complaint [24-1], motion to dismiss the amended complaint for lack of subject matter jurisdiction [22-1] due by 10/14/92. Reply to answer brief due 11/2/92. The court will rule orally 11/18/92 at 9:00 a.m. Defendants' response to motion for class certification [17-1] due by 09/11/92. Reply to answer brief due 9/25/92. The court will rule orally on 10/14/92 at 9:00 a.m. No notice (fce) (Entered: 08/19/1992)

RECAP
27 Sept. 18, 1992

MEMORANDUM by defendants' Bd of Education, Ted D Kimbrough in opposition to motion for class certification [17-1] (Exhibits). (lal) (Entered: 09/22/1992)

RECAP
28 Sept. 18, 1992

AGREED MOTION by defendants' Bd of Education, Ted D Kimbrough for leave to file response intanter and, to reset briefing schedule ; notice of motion and certificate of service. (lal) (Entered: 09/22/1992)

RECAP
29 Sept. 18, 1992

MINUTE ORDER of 9/18/92 by Hon. Harry D. Leinenweber : The agreed motion of defendants' for leave to file response intanter and [28-1], and to to reset briefing schedule is granted. [28-2] Plaintiffs' reply to its motion for class certification to be filed by 10/090/92. [17-1] Oral ruling date set for 10/14/92 is reset to 10/21/92 at 9:00 a.m. Mailed notice (lal) (Entered: 09/22/1992)

RECAP
30 Sept. 28, 1992

MOTION by defendant IL St Bd Education for leave to file response to motion for class certification instanter ; notice of motion. (lal) (Entered: 09/29/1992)

RECAP
31 Sept. 28, 1992

MINUTE ORDER of 9/28/92 by Hon. Harry D. Leinenweber : Granting motion for leave to file response to motion for class certification instanter [30-1] Plaintiffs' motion for class certification instanter is granted. [17-1] Reply to answer brief due 10/16/92. Oral ruling date set for 10/21/92 is reset to 11/13/92 at 9:00 a.m. [17-1] Mailed notice (lal) (Entered: 09/29/1992)

RECAP
32 Sept. 28, 1992

RESPONSE by defendants' IL St Bd Education, Robert Leininger to plaintiffs' motion for class certification [17-1] (lal) (Entered: 09/29/1992)

RECAP
33 Oct. 9, 1992

AGREED MOTION by plaintiffs' for an enlargement of time ; notice of motion. (lal) (Entered: 10/13/1992)

RECAP
34 Oct. 9, 1992

MINUTE ORDER of 10/9/92 by Hon. Harry D. Leinenweber : Plaintiffs' agreed motioin for extension ot time to 10/30/92 in which to file their response to defendants' motion to dismiss and reply to defendants' opposition to class certification is granted. [33-1] Defendant to file their reply to plaintiffs' response to motion to dismiss by 11/16/92. [24-1], [22-1]. The ruling dates set for 11/13/92 and 11/18/92 are stricken. Ruling date on the motion to dismiss and motion for certification set for 12/11/92 at 9:00 a.m. [24-1], [22-1], [17-1]. Mailed notice (lal) (Entered: 10/13/1992)

RECAP
35 Nov. 2, 1992

MOTION by defendants' Corey H, Latricia H, Andrew B, Jason E for leave to file plaintiffs' reply to defendants' opposition to plaintiffs' motion for class certification in excess of 15 pages ; notice of motion. (lal) (Entered: 11/03/1992)

RECAP
36 Nov. 2, 1992

MOTION by defendants' Corey H, Latricia H, Andrew B, Jason E for leave to file memorandum in opposition to defendants' motion to dismiss in excess of fifteen pages (lal) (Entered: 11/03/1992)

RECAP
37 Nov. 2, 1992

MEMORANDUM by plaintiff in opposition to defendants' motion to dismiss amended complaint [24-1] (lal) (Entered: 11/03/1992)

RECAP
38 Nov. 2, 1992

EXHIBITS by plaintiff to Memorandum in opposition to defendants' motion to dismiss. (lal) (Entered: 11/03/1992)

RECAP
39 Nov. 2, 1992

MINUTE ORDER of 11/2/92 by Hon. Harry D. Leinenweber : Granting motion for leave to file plaintiffs' reply to defendants' opposition to plaintiffs' motion for class certification in excess of 15 pages [35-1] Mailed notice (lal) (Entered: 11/03/1992)

RECAP
40 Nov. 2, 1992

MEMORANDUM IN REPLY by plaintiff to defendants' opposition to motion for class certification [17-1] (Exhibits). (lal) (Entered: 11/03/1992)

RECAP
41 Nov. 18, 1992

MOTION by defendants' Bd of Education of the City of Chicago, Ted D Kimbrough for an enlargement of time ; notice of motion. (lal) (Entered: 11/19/1992)

RECAP
42 Nov. 18, 1992

MINUTE ORDER of 11/18/92 by Hon. Harry D. Leinenweber : Granting motion for an enlargement of time to file reply brief to and including 12/04/92. [41-1 Oral ruling date set for 12/11/92 is reset to 12/28/92 at 9:30 a.m. [24-1],[22-1],[17-1] Mailed notice (lal) (Entered: 11/19/1992)

RECAP
43 Dec. 10, 1992

MINUTE ORDER of 12/10/92 by Hon. Harry D. Leinenweber : Ruling date on plaintiffs' motion for class and defendants' motion to dismiss set for 12/28/92 is reset to 02/01/93 at 9:30 a.m. [17-1], [24-1], [22-1]. Mailed notice (lal) (Entered: 12/11/1992)

RECAP
44 Dec. 11, 1992

MINUTE ORDER of 12/11/92 by Hon. Harry D. Leinenweber : The agreed motion of defendants Board of Education of the City of Chicago and Ted D. Kimbrough for leave to file reply brief in support of motion to dismiss instanter is granted. Mailed notice (lal) (Entered: 12/14/1992)

RECAP
45 Dec. 11, 1992

REPLY Memorandum by Bd of Education, Ted D Kimbrough in support of motion to dismiss the amended complaint for lack of subject matter jurisdiction; Notice of motion. [22-1] (Exhibit). (lal) (Entered: 12/14/1992)

RECAP
46 Feb. 1, 1993

MINUTE ORDER of 2/1/93 by Hon. Harry D. Leinenweber : For the reasons stated in open court, granting motion for class certification [17-1], Denying motion to dismiss amended complaint [24-1], Denying motion to dismiss the amended complaint for lack of subject matter jurisdiction [22-1] Karen Anderson granted leave to withdraw as counsel for defendant. Karen Berman granted leave to withdraw as counsel for plaintiff. Defendants' to answer complaint by 02/22/93. Status hearing set for 03/03/93 at 9:00 a.m. Mailed notice (lal) (Entered: 02/08/1993)

RECAP
47 Feb. 22, 1993

ANSWER by defendants to amended complaint; Notice of filing. (fce) (Entered: 02/25/1993)

RECAP
48 March 2, 1993

ANSWER to amended complaint by Bd of Education, Ted D Kimbrough; Notice of filing. (lal) (Entered: 03/03/1993)

RECAP
49 March 2, 1993

NOTICE of filing by defendant (lal) (Entered: 03/04/1993)

RECAP
50 March 3, 1993

MOTION by defendants' Bd of Education, Ted D Kimbrough for leave to file their answer to the amended complaint instanter ; Notice of motion (lal) (Entered: 03/04/1993)

RECAP
51 March 3, 1993

MINUTE ORDER of 3/3/93 by Hon. Harry D. Leinenweber : Status hearing held; continued to 05/03/93 at 9:30 a.m. Granting motion to file their answer to the amended complaint instanter [50-1] No notice (lal) (Entered: 03/04/1993)

RECAP
52 March 5, 1993

MINUTE ORDER of 3/5/93 by Hon. Harry D. Leinenweber : Michael J. Hernandez and Pamela E. Cash granted leave to file their appearance as additional counsel for defendants. No notice (tlm) (Entered: 03/08/1993)

RECAP
53 March 5, 1993

ADDITIONAL ATTORNEY APPEARANCE for Bd of Education, and Interim General Superintendent of Schools Richard E. Stephenson by Michael Joseph Hernandez & Pamela Elana Cash. (tlm) (Entered: 03/08/1993)

RECAP
54 May 3, 1993

MINUTE ORDER of 5/3/93 by Hon. Harry D. Leinenweber : Status hearing held; continued to 07/02/93 at 9:00 a.m. Mailed notice (lal) (Entered: 05/04/1993)

RECAP
55 June 24, 1993

MINUTE ORDER of 6/24/93 by Hon. Harry D. Leinenweber : Status hearing set for 07/02/93 is reset to 07/14/93 at 9:00 a.m. Mailed notice (lal) (Entered: 06/25/1993)

RECAP
56 July 14, 1993

MINUTE ORDER of 7/14/93 by Hon. Harry D. Leinenweber : Status hearing held; continued to 08/18/93 at 9:00 a.m. Mailed notice (ldg) (Entered: 07/14/1993)

RECAP
57 Aug. 18, 1993

MINUTE ORDER of 8/18/93 by Hon. Harry D. Leinenweber: Status hearing held; continued to 11/01/93 at 9:30 a.m. No notice (fce) (Entered: 08/20/1993)

RECAP
58 Nov. 1, 1993

MINUTE ORDER of 11/1/93 by Hon. Harry D. Leinenweber: Status hearing held; continued to 12/1/93 at 9:00 a.m. No notice (fce) (Entered: 11/02/1993)

RECAP
59 Dec. 1, 1993

MINUTE ORDER of 12/1/93 by Hon. Harry D. Leinenweber : Status hearing held; continued to 02/01/94 at 9:00 a.m. No notice (fce) (Entered: 12/10/1993)

RECAP
60 Jan. 24, 1994

MINUTE ORDER of 1/24/94 by Hon. Harry D. Leinenweber : Status hearing set for 02/01/94 is reset to 02/03/94 at 9:00 a.m. Telephoned notice (fce) (Entered: 01/27/1994)

RECAP
61 Feb. 3, 1994

MINUTE ORDER of 2/3/94 by Hon. Harry D. Leinenweber : Status hearing reset for 02/18/94 at 9:00 a.m. Mailed notice (jmp) (Entered: 02/04/1994)

RECAP
62 Feb. 17, 1994

MINUTE ORDER of 2/17/94 by Hon. Harry D. Leinenweber : Hearing set for 02/18/94 is stricken. Hearing re-set for 02/25/94 at 9:00 a.m. Mailed notice (jmp) (Entered: 02/18/1994)

RECAP
63 Feb. 25, 1994

MINUTE ORDER of 2/25/94 by Hon. Harry D. Leinenweber : Status hearing reset for 03/11/94 at 9:00 a.m. Mailed notice (jmp) (Entered: 02/28/1994)

RECAP
64 March 11, 1994

MINUTE ORDER of 3/11/94 by Hon. Harry D. Leinenweber : Status hearing held; continued to 04/22/94 at 9:00 a.m. Attorney John Lawrence Wren is granted leave to writhdraw as attorney for Ted D Kimbrough, for Board of Education. No notice (jmp) (Entered: 03/14/1994)

RECAP
65 April 22, 1994

MOTION by defendant Bd of Ed Cty of Chgo, defendant Ted D Kimbrough for leave to file the additional appearance of Kathleen M. Gibbons (jmp) (Entered: 04/26/1994)

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66 April 22, 1994

NOTICE of motion by defendant Bd of Ed Cty of Chgo, defendant Ted D Kimbrough regarding motion for leave to file the additional appearance of Kathleen M. Gibbons [65-1] (jmp) (Entered: 04/26/1994)

RECAP
67 April 22, 1994

MINUTE ORDER of 4/22/94 by Hon. Harry D. Leinenweber : Status hearing held; continued to 06/15/94 at 9:00 a.m. Granting motion for leave to file the additional appearance of Kathleen M. Gibbons [65-1]. No notice (jmp) (Entered: 04/26/1994)

RECAP
68 June 16, 1994

MINUTE ORDER of 6/16/94 by Hon. Harry D. Leinenweber : Status hearing reset for 06/23/94 at 9:00 a.m Mailed notice (jmp) (Entered: 06/17/1994)

RECAP
69 June 23, 1994

MINUTE ORDER of 6/23/94 by Hon. Harry D. Leinenweber : Status hearing held; continued to 09/07/94 at 9:00 a.m. No notice (jmp) (Entered: 06/24/1994)

RECAP
70 Aug. 26, 1994

AGREED ORDER to use joint experts. (fce) (Entered: 08/29/1994)

RECAP
71 Aug. 26, 1994

MINUTE ORDER of 8/26/94 by Hon. Harry D. Leinenweber : Enter agreed order to use joint experts. Mailed notice (fce) (Entered: 08/29/1994)

RECAP
72 Aug. 26, 1994

ORDER regarding record review by experts (fce) (Entered: 08/29/1994)

RECAP
73 Aug. 26, 1994

MINUTE ORDER of 8/26/94 by Hon. Harry D. Leinenweber : Enter order regarding record review by experts. Mailed notice (fce) (Entered: 08/29/1994)

RECAP
74 Sept. 7, 1994

MINUTE ORDER of 9/7/94 by Hon. Harry D. Leinenweber : Status hearing held; continued to 01/04/95 at 9:00 a.m. Mailed notice (jmp) (Entered: 09/08/1994)

RECAP
75 Oct. 19, 1994

MINUTE ORDER of 10/19/94 by Hon. Harry D. Leinenweber : Status hearing set for 01/04/95 is stricken. Mailed notice (jmp) (Entered: 10/20/1994)

RECAP
Oct. 26, 1994

EXECUTIVE committee order of 10/26/94 Case reassigned to Hon. Robert W. Gettleman (fce)

78 Nov. 1, 1994

JOINT STATUS REPORT by plaintiffs' Corey H, Jason E, Latricia H, Andrew B (jmp) (Entered: 11/18/1994)

RECAP
76 Nov. 3, 1994

ORDER setting status report for cases newly assigned to Judge Gettleman (jmp) (Entered: 11/08/1994)

RECAP
77 Nov. 3, 1994

MINUTE ORDER of 11/3/94 by Hon. Robert W. Gettleman : Status hearing set for 11/22/94 at 2:00 p.m. The parties' joint status report is due within 14 days. Mailed notice (jmp) (Entered: 11/08/1994)

RECAP
79 Nov. 22, 1994

MINUTE ORDER of 11/22/94 by Hon. Robert W. Gettleman : Status hearing held. Pretrial conference set for 01/25/95 at 2:00 p.m. No notice (jmp) (Entered: 12/05/1994)

RECAP
80 Jan. 25, 1995

MINUTE ORDER of 1/25/95 by Hon. Robert W. Gettleman : Pretrial conference held; continued to 04/19/95 at 1:30 p.m. Parties' joint settlement report submitted to this court in camera, is due by 04/07/95. No notice (jmp) (Entered: 01/30/1995)

RECAP
April 19, 1995

SCHEDULE set on 4/19/95 by Hon. Robert W. Gettleman : Status hearing set for 6/28/95 at 8:30 a.m. Settlement pretrial conference held. No notice (gds)

81 June 1, 1995

AGREED AMENDMENT TO AGREED ORDER TO USE JOINT EXPERTS (jmp) (Entered: 06/02/1995)

RECAP
82 June 1, 1995

MINUTE ORDER of 6/1/95 by Hon. Robert W. Gettleman : Order dated 05/31/95 entered amending the agreed order to use joint experts which was entered on 08/25/95. Telephoned notice (jmp) (Entered: 06/02/1995)

RECAP
June 26, 1995

SCHEDULE set on 6/26/95 by Hon. Robert W. Gettleman : Status hearing date of 6/28/95 is reset to 8:30 a.m. on 8/10/95. by phone notice (gds)

Aug. 10, 1995

SCHEDULE set on 8/10/95 by Hon. Robert W. Gettleman : Status hearing held. <date not set> . Settlement pretrial conference set for 10:30 a.m. on 10/10/95 No notice (gds)

Oct. 6, 1995

SCHEDULE set on 10/6/95 by Hon. Robert W. Gettleman : Status hearing set for 9:15 a.m. on 11/7/95 . Pretrial conference date of 10/10/95 is stricken. by phone notice (gds)

Nov. 7, 1995

SCHEDULE set on 11/7/95 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:15 1/11/96 . No notice (gds)

Jan. 16, 1996

SCHEDULE set on 1/16/96 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 2/23/96 . N0 notice (gds)

Feb. 23, 1996

SCHEDULE set on 2/23/96 by Hon. Robert W. Gettleman : Status hearing held. Settlement pretrial conference set for 8:30 a.m. 4/17/96 No notice (gds)

April 17, 1996

SCHEDULE set on 4/17/96 by Hon. Robert W. Gettleman : Status hearing held and continued to 8:30 5/14/96 . no notice (gds)

May 14, 1996

SCHEDULE set on 5/14/96 by Hon. Robert W. Gettleman : Status hearing held. Settlement pretrial conference set to 10:00 a.m. on 6/4/96. no notice (gds)

June 4, 1996

SCHEDULE set on 6/4/96 by Hon. Robert W. Gettleman : Settlement pretrial conference held and continued to 1:30 p.m. on 7/17/96. Counsel for all parties must be present. by Judge's staff notice (gds)

July 12, 1996

SCHEDULE set on 7/12/96 by Hon. Robert W. Gettleman : Settlement pretrial conference is reset to 10:00 a.m. on 7/23/96. by telephone notice (gds)

July 23, 1996

SCHEDULE set on 7/23/96 by Hon. Robert W. Gettleman : Settlement pretrial conference held and continued to 10:00 a.m. on 9/20/96. no notice (gds)

Sept. 20, 1996

SCHEDULE set on 9/20/96 by Hon. Robert W. Gettleman : Settlement pretrial conference held and continued to 10:30 a.m. on 10/31/96. This will be the final settlement pretrial conference, with clients/decision-makers. no notice (gds)

Case Details

State / Territory:

Illinois

Case Type(s):

Education

Key Dates

Filing Date: May 22, 1992

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children in Chicago Public Schools (CPS) who are or will be classified by CPS as having a disability

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School District

Board of Education of the City of Chicago

State

Illinois State Board of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Illinois 1:92-cv-03409

U.S. Court of Appeals for the Seventh Circuit 12-02834

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Hire

Implement complaint/dispute resolution process

Monitoring

Monitor/Master

Preliminary relief granted

Reporting

Training

Order Duration: 1998 - 2006

Issues

General/Misc.:

Classification / placement

Failure to train

Individualized planning

Disability and Disability Rights:

Disability, unspecified

Special education

Recommended Citation