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JENKINS v. LEININGER

No. 1-93-1456.

659 N.E.2d 1366 (1995)

277 Ill.App.3d 313

213 Ill.Dec. 719

John A. JENKINS II et al., in their own behalf and as natural guardians of their children, Noreen Jenkins et al., Plaintiffs-Appellants, v. Robert LEININGER, State Superintendent of Education, et al., Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

December 22, 1995.

Attorney(s) appearing for the Case

William H. Mellor, III, Clint Bolick, Dirk G. Roggeveen, Scott G.Bullock, Institute for Justice, Washington, D.C.; Daniel J. Kubasiak, Kubasiak, Cremieux & Fylstra, Chicago; Mark Snyderman, Gibson, Dunn & Crutcher, Washington, D.C., for Plaintiffs-Appellants.

Patricia J. Whitten, Acting Attorney, Michael J. Hernandez, First Assistant Attorney (Board of Education of the City of Chicago) Chicago; Roland W. Burris, Attorney General, State of Illinois; Rosalyn B. Kaplan, Solicitor General, Chicago; William K. Blanchard, Assistant Attorney General of Counsel, for Defendants-Appellees, Robert Leininger, The State Superintendent of Education, and the State Board of Education.

Harvey Grossman, Jane M. Whicher, The Roger Baldwin Foundation of ACLU, Inc., Chicago; Jeffrey M. Shaman, Depaul University, College of Law, Chicago, for amicus curiae.

Justice GORDON delivered the opinion of the court:

Plaintiffs, 100 low-income schoolchildren enrolled in the Chicago public schools and their parents, filed the instant action against the defendants, Robert Leininger, State Superintendent of Education; the State Board of Education; and the Chicago Board of Education, seeking declaratory and injunctive relief. Plaintiffs' complaint alleged violation of article 10, section 1 of the Illinois Constitution (Ill. Const...

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