BOARD OF EDUC. OF CITY OF CHICAGO v. ALEXANDER

No. 91-2656.

983 F.2d 745 (1992)

BOARD OF EDUCATION OF the CITY OF CHICAGO, Plaintiff-Appellant, v. Lamar ALEXANDER, Secretary of the United States Department of Education, United States Department of Education and Illinois State Board of Education, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1992.


Attorney(s) appearing for the Case

Iris E. Sholder, Patricia J. Whitten, Karen Gatsis Anderson (argued), Janet B. Johnson-Vinion, City of Chicago Bd. of Educ., Chicago, IL, David S. Tatel, Patricia A. Brannan, Hogan & Hartson, Washington, DC, for plaintiff-appellant.

Fred Foreman, U.S. Atty., James J. Kubik, Asst. U.S. Atty., Office of the United States Attorney, Chicago, IL, Michael J. Singer, Theodore C. Hirt, Howard S. Scher (argued), Department of Justice, Washington, DC, Mary Ellen Coghlan, and Susan Frederick Rhodes, Asst. Attys. Gen., Office of the Attorney General, Chicago, IL, for defendants-appellees.

Before CUDAHY, COFFEY, and RIPPLE, Circuit Judges.


RIPPLE, Circuit Judge.

This case presents a challenge to the implementation of Chapter 1 of Title I of the Elementary and Secondary Education Act (Chapter 1), as amended by 20 U.S.C. §§ 2701-27 (1988). The Act provides federal funding for supplementary educational opportunities for educationally deprived schoolchildren and contains what the district court described as an "equal expenditure mandate" for students in public and private schools based upon the...

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