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U.S. SEVENTH CIRCUIT COURT OF APPEALS RULES ON PEOPLE WHO CARE CASE Ruling reverses Magistrate; "Green" factors to be granted immediately, total unitary status June 30, 2002 RPS205.com - April 18, 2001 (ROCKFORD, IL)—Today, April 18, 2001, the U.S. Seventh Circuit Court of Appeals ruled that the Rockford School District ("RSD") is entitled to an immediate declaration of unitary status as to all of the "Green" factors and to a declaration of total unitary status as of June 30, 2002. The decision brings to a close more than 12 years of litigation, which began when a group, known as the People Who Care, filed a lawsuit against the district charging discrimination against African-American and Hispanic students. In reversing the District Court's August 11, 2000 Opinion, the Seventh Circuit found that the District Court was wrong, as a matter of law, in denying the RSD's motion to modify the Comprehensive Remedial Order ("CRO") and its request for an immediate declaration of partial unitary status and for total unitary status as of June 30, 2002. The Seventh Circuit remanded the case to the District Court with instructions to enter an order consistent with the appellate opinion. Essentially, the order will result in the return of the day-to-day operations (student assignment, facilities, transportation, extra-curricular activities, staffing, discipline, etc.) back to the school district. Dr. Brown believes the decision is a positive step for the school district and the entire community and creates the challenge and the opportunity for the entire community to meet the challenge of offering a world-class education system for every child. "In our schools, we teach our students history, so that the students can learn and profit from the experiences of those who preceded them," said Dr. Brown. "Let us, as a community, never forget the mistakes of the past. Let us learn from them and commit to never again let happen what caused the lawsuit to be filed in the first place. "As a community, let us continue to assure each and every member of the community that the Rockford School District is committed to providing the very best education to all of our children, regardless of where our children live, their race, gender or disability. "I am confident that the community will answer the challenge, just as it has answered the challenges in the recent past, to come together to build an even better and stronger school district." A Result of Compliance and Good Faith The Seventh Circuit found that the evidence presented at the hearings in February and March 2000, clearly established that the RSD had fully and faithfully implemented all of the mandates contained in the CRO; that RSD had fully desegregated all of its schools; that RSD had eliminated all vestiges of prior discrimination, and that the RSD had complied in good faith with the CRO. The school district will continue funding and operating the remedial programs now in place at least through June 30, 2002. This will provide the school district with the time necessary to evaluate programs to determine which best serve the students and should be continued. Background Behind the Decision The origins of today's decision can be traced to the federal District Court's order entered in April 1999, appointing a panel of mediators to assist the parties in reaching a settlement. After those efforts failed (the plaintiff's counsel demanded at least another 12 years of court supervision and hundreds of millions of dollars of additional programs), the District Court directed the parties to file motions with the Court seeking the modifications the parties desired to bring the lawsuit to a conclusion. In accordance with the direction of the District Court, RSD filed a motion seeking total release from court control by June 30, 2002. The Plaintiff’s counsel filed a motion requesting continued court supervision and continued expenditures through 2012. The motions were heard by the District Court in February and March, 2000. The District Court's August 11, 2000, decision established the target date for total unitary status as June 30, 2006. Faced with at least six more years of court control and over $82 million in costs above and beyond what RSD had proposed, and based on the advise of its counsel that the District Court's decision was in error, RSD appealed that August 11, 2000 decision. The decision from the Seventh Circuit clearly adopts the position, which the RSD urged in both the trial and appellate courts. During the pendency of the appeal, Plaintiffs' counsel refused to entertain any discussions of settlement, other than RSD dropping its appeal, something that the RSD was not willing to do. Moving Forward As a Community "Without forgetting the past," said Dr. Brown, "the Rockford School District and our entire community must look forward to the day when our school system is one of the best in the country and when every child in our school district has the opportunity to receive an education that will prepare him/her for the challenges of the future. "It is up to us, as a community, to now unite and continue to strive to be the very best we can be. A school district cannot solve all of society's ills, but there is no better place to start than helping children learn to be all that they can be. With our fine staff and the community working together, the Rockford Public Schools pledges to provide the very best educational opportunities for all of our students. This is the dawning of a new day. Let us all work together to create a school system of which we can all be proud." To view this article online at the rps205.com, click here. Copyright 2001 rps205.com |
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