02.27.17 Motion To Set Briefing Schedule

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIjS
COUNTY DEPARTMENT, CHANCERY DIVISION J C3i

o|
BOARD OF EDUCATION OF THE CITY OF

CHICAGO; et al..
Plaintiffs, Case No. 2017-CH-00215|;
v. Calendar: 3
)
BRUCE RAUNER, Governor of Illinois; et al., ) Honorable Franklin Ulyses Valderrama
)
Defendants. )
PLAINTIFFS MOTION TO SET A BRIEFING SCHEDULE AND TO

SCHEDULE AN EVIDENTIARY HEARING ON PLAINTIFFS MOTION
FOR A PRELIMINARY INJUNCTION
Plaintiffs Board of Education of the City of Chicago (CPS) on behalf of itself and its
students; Marlon Gosa on behalf of his children A.G., C.G., and J.G.; Lisa Russell on behalf of her
children F.R. and L.R.; Wanda Taylor on behalf of her child K.S.; Vanessa Valentin on behalf of
her children E.R. and J.V.; and Judy Vazquez on behalf of her children K.V., J.V., and J.V.
(Plaintiffs), by their attorneys, respectfully move this Court to set a briefing schedule and to
schedule an evidentiary hearing on Plaintiffs motion for a preliminary injunction. 735 ILCS 5/11-
102. In support of this motion, Plaintiffs state as follows:
1. Plaintiffs Verified Complaint alleges violations of Section 5 of the Illinois Civil
Rights Act of2003 (740 ILCS 23/5). Defendants fund two separate and massively unequal systems
of public education: one for CPS, whose African American, Hispanic, and other children of color
comprise approximately 90% ofCPSs students; and a separate system for the predominantly white
school districts in the rest of the State. This fiscal year alone, the States discriminatory funding
has shortchanged CPS and its students by approximately $500 million.

2. As explained in Plaintiffs motion for a preliminary injunction, supporting
memorandum, and affidavits, Plaintiffs face a dire situation that has become intolerably worse.
On December 1, 2016, Governor Rauner vetoed legislation that was to provide a first step toward
correcting the States discriminatory funding of CPS. As a result of Governor Rauners veto, CPS
must cut an additional $215 million from its current school year budget, on top of hundreds of
millions of dollars in cuts that CPS already has been forced to make as a result of the States
discriminatory funding.
3. On February 22, 2017, CPS adopted midyear budget cuts that directly affect the
classroom, including tens of millions of dollars of cuts to school budgets. In addition, the cuts
eliminate one Teacher Institute Day, two School Improvement Days, and one professional
development day. CPS has been very clear that those cuts, painful as they are, amount to only the
first steps to fill the $215 million hole.
4. As a practical matter, CPS has few options left. Long ago, CPS ran out of good
options. The next round of cuts almost certainly will require CPS to cut even more days from this
years school calendar - ending as early as June 1, 2017. The next round of cuts also are likely to
require CPS to cancel summer school for grade school and middle school students. At a time when
we should be finding ways to keep children in school, including through additional summer
programs, CPS will be turning children away.
5. The recent settlement in Chicago Urban League, et al. v. State of Illinois, et al.
No. 08 CH 30490, does not address Plaintiffs claims. Nothing in the Urban League settlement
will affect the budget cuts and irreparable injury identified above.
6. To be clear, even with additional budget cuts to fill the $215 million hole, CPS still
must access the capital markets to borrow hundreds of millions of dollars to make its June 30
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pension payment - $721 million - to the Chicago Teachers Pension Fund. Unlike school districts
in the rest of Illinois, CPS - and only CPS - must fund its teachers pensions.
7. CPS must allow sufficient time for teachers, parents, and students to plan for school
to end as early as June 1 instead of June 20. To permit this Court time to hear and resolve
Plaintiffs motion for preliminary injunction, Plaintiffs request that the Court adopt the following
schedule:
Defendants shall answer or otherwise respond to the Verified Complaint by Friday,

March 17, 2017.
Defendants shall respond to Plaintiffs motion for preliminary injunction by Friday,

March 17, 2017.
Plaintiffs shall file their reply in support of their motion for preliminary injunction
by Monday, March 27, 2017.
Three days of evidentiary hearings shall take place, consistent with the Courts
schedule, during the weeks of March 27 and April 3, 2017.
The parties shall submit simultaneous supplemental memoranda on Thursday, April

13, 2017.
Defendants shall be prepared to address during the evidentiary hearing how they
would comply with a preliminary injunction, should the Court decide to grant
Plaintiffs the relief they seek.
The Court shall set the matter for ruling, consistent with the Courts schedule, the
week of April 17 or April 24, 2017.
-3 -
For the foregoing reasons, Plaintiffs respectfully request that this Court enter an order
setting a briefing schedule and scheduling an evidentiary hearing on Plaintiffs motion for a
preliminary injunction.
Respectfully submitted,
PLAINTIFFS BOARD OF EDUCATION OF

THE CITY OF CHICAGO; MARLON
GOSA ON BEHALF OF A.G., C.G., and
J.G.; LISA RUSSELL ON BEHALF OF F.R.
and L.R.; WANDA TAYLOR ON BEHALF
OF K.S.; VANESSA VALENTIN ON
BEHALF OF E.R. and J.V.; and JUDY
VAZQUEZ ON BEHALF OF K.V., J.V., and
J.V.
By:
One of the Attorneys for PlaintTfe^^X^
Counselfor PlaintiffBoard of Education Counsel for All Plaintiffs

of the City of Chicago
Ronald L. Manner, General Counsel Randall E. Mehrberg

Douglas A. Henning, First Deputy General Charles B. Sklarsky
Counsel Blake P. Sercye
Board of Education of the City of Chicago Jenner & Block LLP
One North Dearborn Street, Suite 900 353 North Clark Street
Chicago, IL 60602 Chicago, IL 60654
(773) 553-1700 (312) 222-9350
Attorney I.D. No. 91206 Attorney I.D. No. 05003
David W. DeBruin
Jenner & Block LLP
1099 New York Avenue, NW
Washington, DC 20001
(202) 639-6015
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIjS

COUNTY DEPARTMENT, CHANCERY DIVISION J C3i

BOARD OF EDUCATION OF THE CITY OF

Plaintiffs, Case No. 2017-CH-00215|;

PLAINTIFFS MOTION TO SET A BRIEFING SCHEDULE AND TO

102. In support of this motion, Plaintiffs state as follows:

1. Plaintiffs Verified Complaint alleges violations of Section 5 of the Illinois Civil

has shortchanged CPS and its students by approximately $500 million.

first steps to fill the $215 million hole.

programs, CPS will be turning children away.

Defendants shall answer or otherwise respond to the Verified Complaint by Friday,

Defendants shall respond to Plaintiffs motion for preliminary injunction by Friday,

The parties shall submit simultaneous supplemental memoranda on Thursday, April

PLAINTIFFS BOARD OF EDUCATION OF

Counselfor PlaintiffBoard of Education Counsel for All Plaintiffs

Ronald L. Manner, General Counsel Randall E. Mehrberg

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