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Case Name Corey H. v. Board of Education [of Chicago] ED-IL-0001
Docket / Court 1:92-cv-03409 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Education
Attorney Organization NDRN/Protection & Advocacy Organizations
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 ... read more >
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.

Joshua Arocho - 06/12/2012
Jaclyn Adams
Susie Choi - 05/16/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Hire
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Preliminary relief granted
Reporting
Training
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
General
Classification / placement
Failure to train
Individualized planning
Special education
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
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
Defendant(s) Board of Education of the City of Chicago
Illinois State Board of Education
Plaintiff Description All children in Chicago Public Schools (CPS) who are or will be classified by CPS as having a disability
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1998 - 2006
Case Closing Year 2013
Case Ongoing No
Additional Resources
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  Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Blackman. v. District of Columbia
http://www.bazelon.org/blackman-v-district-of-columbia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  S.S. v. Springfield Public Schools
http://www.bazelon.org/springfield-massachusetts-school-system/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Doe v. Pasadena Unified School District
http://www.bazelon.org/doe-v-pasadena-unified-school-district/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  A.J. v. Cesar Chavez Public Charter Schools
http://www.bazelon.org/a-j-v-cesar-chavez-public-charter-schools-et-al/
Date: 2017
By: Bazelon Center (Bazelon Center)
[ Detail ] [ External Link ]

  How Corey H. overhauled special education in CPS
http://chicagoreporter.com
Date: 2015
By: Maureen Kelleher (Chicago Reporter)
[ Detail ] [ External Link ]

  The Termination of Consent Decrees in IDEA Class Actions
Date: Oct. 20, 2008
By: Alex Elson (Washington University in St. Louis)
[ Detail ] [ PDF ]

Docket(s)
1:92−cv−03409 (N.D. Ill.)
ED-IL-0001-9000.pdf | Detail
Date: 05/06/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Settlement Agreement [ECF# 728]
ED-IL-0001-0011.pdf | Detail
Date: 01/16/1998
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order (995 F.Supp. 900) (N.D. Ill.)
ED-IL-0001-0012.pdf | WESTLAW| LEXIS | Detail
Date: 02/19/1998
Opinion [Ct. of App. ECF# 275] (289 F.3d 1009)
ED-IL-0001-0010.pdf | WESTLAW| LEXIS | Detail
Date: 05/13/2002
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 277] (N.D. Ill.)
ED-IL-0001-0001.pdf | Detail
Date: 09/11/2002
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 488] (N.D. Ill.)
ED-IL-0001-0002.pdf | Detail
Date: 03/07/2007
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 587] (534 F.3d 683)
ED-IL-0001-0003.pdf | WESTLAW| LEXIS | Detail
Date: 07/17/2008
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 650] (N.D. Ill.)
ED-IL-0001-0004.pdf | Detail
Date: 11/04/2009
Source: PACER [Public Access to Court Electronic Records]
Agreed Order to Extend Certain Obligations Under the Board of Education of the City of Chicago's Settlement Agreement [ECF# 728]
ED-IL-0001-0005.pdf | Detail
Date: 11/18/2010
Source: PACER [Public Access to Court Electronic Records]
Agreed Order to Extend Obligations Under the Illinois State Board of Education Settlement Agreement [ECF# 735]
ED-IL-0001-0006.pdf | Detail
Date: 12/03/2010
Source: PACER [Public Access to Court Electronic Records]
Order Regarding CBE's Appeal of ISBE's 9th Annual District Wide Findings [ECF# 765] (N.D. Ill.)
ED-IL-0001-0007.pdf | Detail
Date: 06/02/2011
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Denying Chicago Board's Objection to an Appeal of the ISBE's 10th District-Wide Findings [ECF# 777] (2011 WL 2883385) (N.D. Ill.)
ED-IL-0001-0009.pdf | WESTLAW | Detail
Date: 07/14/2011
Source: PACER [Public Access to Court Electronic Records]
Order Denying the Chicago Board of Education's Objections to and Appeal of the Illinois State Board of Education's 11th Annual District Wide Findings [ECF# 789] (N.D. Ill.)
ED-IL-0001-0008.pdf | Detail
Date: 11/23/2011
Memorandum Opinion and Order [ECF# 886] (2012 WL 2953217) (N.D. Ill.)
ED-IL-0001-0013.pdf | WESTLAW | Detail
Date: 07/19/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Denying CPS' Second Motion to Vacate Without Prejudice [ECF# 929] (2012 WL 5383258) (N.D. Ill.)
ED-IL-0001-0019.pdf | WESTLAW | Detail
Date: 10/29/2012
Source: PACER [Public Access to Court Electronic Records]
Final Report of the Corey H. Monitor On the Implementation of the Settlement Agreement Between the Corey H. Plaintiffs and the Chicago Board of Education [ECF# 945]
ED-IL-0001-0017.pdf | Detail
Date: 03/01/2013
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 954] (N.D. Ill.)
ED-IL-0001-0014.pdf | Detail
Date: 06/04/2013
Source: PACER [Public Access to Court Electronic Records]
Order [Ct. of App. ECF# 965]
ED-IL-0001-0016.pdf | Detail
Date: 09/09/2013
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion Regarding the Court Monitor's Final Report on the Board of Education of the City of Chicago's Compliance with Its Consent Decree [ECF# 966] (2013 WL 5567556) (N.D. Ill.)
ED-IL-0001-0015.pdf | WESTLAW | Detail
Date: 10/09/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Gettleman, Robert William (N.D. Ill.)
ED-IL-0001-0001 | ED-IL-0001-0002 | ED-IL-0001-0004 | ED-IL-0001-0005 | ED-IL-0001-0006 | ED-IL-0001-0007 | ED-IL-0001-0008 | ED-IL-0001-0009 | ED-IL-0001-0011 | ED-IL-0001-0012 | ED-IL-0001-0013 | ED-IL-0001-0014 | ED-IL-0001-0015 | ED-IL-0001-0019 | ED-IL-0001-9000
Kanne, Michael Stephen (N.D. Ind., Seventh Circuit)
ED-IL-0001-0003 | ED-IL-0001-0016
Manion, Daniel Anthony (Seventh Circuit)
ED-IL-0001-0016
Tinder, John Daniel (S.D. Ind., Seventh Circuit)
ED-IL-0001-0016
Wood, Diane Pamela (Seventh Circuit)
ED-IL-0001-0010
Monitors/Masters Schneider, Joseph (Illinois)
ED-IL-0001-9000
Plaintiff's Lawyers Askew, Davis Revels (Illinois)
ED-IL-0001-9000
Elson, John S. (Illinois)
ED-IL-0001-0005 | ED-IL-0001-0006 | ED-IL-0001-0011 | ED-IL-0001-9000
Gibson, Nancy S. (Illinois)
ED-IL-0001-9000
Miller, Laura J. (Illinois)
ED-IL-0001-9000
Soltman, Sharon Weitzman (Illinois)
ED-IL-0001-0005 | ED-IL-0001-0006 | ED-IL-0001-0011 | ED-IL-0001-9000
Stevens, Gladys M. (Illinois)
ED-IL-0001-9000
Yannias, Kathleen C. (Illinois)
ED-IL-0001-0017 | ED-IL-0001-9000 | ED-IL-0001-9000
Defendant's Lawyers Anderson, Karen Gatsis (Illinois)
ED-IL-0001-9000
Arger, Harry N. (Illinois)
ED-IL-0001-9000
Burns, Terrence Michael (Illinois)
ED-IL-0001-9000
Cash, Pamela Elana (Illinois)
ED-IL-0001-9000
Colston, Cheryl J. (Illinois)
ED-IL-0001-9000
Donham, Cary E. (Illinois)
ED-IL-0001-0005 | ED-IL-0001-9000
Gibbons, Kathleen Marie (Illinois)
ED-IL-0001-0005 | ED-IL-0001-9000
Giroux, Paula J. (Illinois)
ED-IL-0001-9000
Hagerty, John J. (Illinois)
ED-IL-0001-0005 | ED-IL-0001-9000
Hernandez, Michael Joseph (Illinois)
ED-IL-0001-9000
Jackson, Heather Ann (Illinois)
ED-IL-0001-9000
Johnson, Marilyn F. (Illinois)
ED-IL-0001-0011
Johnson-Vinion, Janet Berniece (Illinois)
ED-IL-0001-9000
Lacey, Gregory Lawrence (Illinois)
ED-IL-0001-9000
O'Keefe, Susan Margaret (Illinois)
ED-IL-0001-9000
Reisberg, Darren (Illinois)
ED-IL-0001-0006
Sholder, Iris Ellen (Illinois)
ED-IL-0001-9000
Thornton, Sherri (Illinois)
ED-IL-0001-9000
Thornton-Pierce, Sherri (Illinois)
ED-IL-0001-0005
Vazquez, Respicio Ferreira (Illinois)
ED-IL-0001-0006 | ED-IL-0001-9000
Villa, Robert K. (Illinois)
ED-IL-0001-9000
Wallace, Denise (Illinois)
ED-IL-0001-9000
Wren, John Lawrence (Illinois)
ED-IL-0001-9000
Other Lawyers Campbell, William Joseph Jr. (Illinois)
ED-IL-0001-9000
Cohen, Matthew David (Illinois)
ED-IL-0001-9000
Major, Ruth Irene (Illinois)
ED-IL-0001-9000
Stillman, Courtney N. (Illinois)
ED-IL-0001-9000

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