Jenkins v. Leininger

659 N.E.2d 1366, 213 Ill. Dec. 719, 277 Ill. App. 3d 313
CourtAppellate Court of Illinois
DecidedDecember 22, 1995
Docket1-93-1456
StatusPublished
Cited by8 cases

This text of 659 N.E.2d 1366 (Jenkins v. Leininger) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenkins v. Leininger, 659 N.E.2d 1366, 213 Ill. Dec. 719, 277 Ill. App. 3d 313 (Ill. Ct. App. 1995).

Opinion

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 (111. Const. 1970, art. X, § 1), which guarantees an efficient and high quality education; violation of the equal protection clauses of the United States and Illinois Constitutions (U.S. Const., amend. XIV, § 1; 111. Const. 1970, art. I, § 2); and violation of the first, ninth and fourteenth amendments to the United States Constitution (U.S. Const., amends. I, IX, XIV) and article I, section 2, of the Illinois Constitution (111. Const. 1970, art. I, § 2), alleging deprivation of parental rights to control and influence the education of their children. The plaintiffs sought a declaration of their rights and an injunction diverting control over State education funds in the common school fund allocated pursuant to section 18 — 8 of Illinois School Code (105 ILCS 5/18 — 8 (West 1992)) from the Chicago public schools to the plaintiff parents so that they could secure an education for their children in a public or private school of their choice. The trial court dismissed plaintiffs’ complaint with prejudice, finding that the plaintiffs failed to state a cause of action, and the plaintiffs appeal. On motion, this court allowed the filing of an amicus curiae brief that supports the dismissal of plaintiffs’ complaint, due to its conclusory pleading, but seeks the filing of an amended complaint realleging violations of the constitutional right to a high quality education and of the equal protection clauses to the Federal and State Constitutions. 1

The issues presented for review are: whether the Illinois Constitution imposes a duty to provide an efficient and high quality education to all schoolchildren in the State and, if so, whether that duty is satisfied by the legislative enactment of the Illinois School Code (105 ILCS 5/1 — 1 through 35 — 30 (West 1992)) (the School Code); whether the complaint alleges facts sufficient to establish an equal protection violation of the Illinois and United States Constitutions; whether the complaint alleges facts sufficient to establish a deprivation of the right to parental liberty to control the child’s education; and whether the court has judicial authority to enjoin the allocation of State education funds to the Chicago public schools.

A section 2 — 615 (735 ILCS 5/2 — 615 (West 1992)) motion to dismiss is used to attack deficiencies in a pleading. (E.g., Reuben H. Donnelley Corp. v. Brauer (1995), 275 Ill. App. 3d 300, 655 N.E.2d 1162.) A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover. (E.g., Zadrozny v. City Colleges of Chicago (1991), 220 Ill. App. 3d 290, 581 N.E.2d 44.) When ruling on a motion to dismiss, all well-pleaded facts in the complaint and all reasonable inferences arising therefrom are admitted as true (Capitol Indemnity Corp. v. Stewart Smith Intermediaries, Inc. (1992), 229 Ill. App. 3d 119, 593 N.E.2d 872) and are interpreted in a light most favorable to the plaintiff. (Michael Reese Hospital & Medical Center v. Chicago HMO, Ltd. (1990), 196 Ill. App. 3d 832, 554 N.E.2d 472. Cf. Claire Associates v. Pontikes (1986), 151 Ill. App. 3d 116, 502 N.E.2d 1186 (liberal construction of pleadings will not cure factual deficiencies).) Conclusions in a complaint, unsupported by fact, are not accepted as true (Committee for Educational Rights v. Edgar (1994), 267 Ill. App. 3d 18, 641 N.E.2d 602); and where recovery is sought on the basis of constitutional violations, it is not sufficient to allege those violations generally; rather, specific facts must be set forth to rebut the presumption of constitutionality. Lee v. Pucinski (1994), 267 Ill. App. 3d 489, 642 N.E.2d 769.

Article X, section 1, of the Illinois Constitution of 1970 provides in pertinent part as follows:

"§ 1. Goal — Free Schools
A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities.
The State shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law.” (Ill. Const. 1970, art. X, § 1.)

There is no question that this article mandates that the legislature provide an efficient, high quality educational system which is free to the public. Allen v. Maurer (1972), 6 Ill. App. 3d 633, 640, 286 N.E.2d 135, 140 ("the State has a constitutional duty to provide and the public has a right to receive an efficient, high quality educational system”); see Elliot v. Board of Education (1978), 64 Ill. App. 3d 229, 380 N.E.2d 1137 (holding legislature was required to provide a system of free education to the public including programs for the handicapped). See also 2 Record of Proceedings, Sixth Illinois Constitutional Convention 764 (remarks of Delegate Samuel A. Patch, member of the Committee on Education: "The state is mandated to provide a system that is thorough, complete, and useful to all the people of Illinois”).

In Pierce v. Board of Education (1977), 69 Ill. 2d 89, 370 N.E.2d 535, our supreme court held that article X, section 1, of the Illinois Constitution of 1970 pronounced a statement of general philosophy. The court stated that the article was not self-executing and did not "mandate that certain means be provided in any specific form.” 69 Ill. 2d at 93, 370 N.E.2d at 536; see also Cronin v. Lindberg (1976), 66 Ill. 2d 47, 58, 360 N.E.2d 360, 365 ("the question of the efficiency of the educational system is properly left to the wisdom of the legislature”); Board of Education, School District No. 150 v. Cronin (1977), 51 Ill. App. 3d 838, 367 N.E.2d 501 (the question of efficiency and fairness of school system established by legislative action is solely for legislature to answer).

A similar interpretation was given to article X’s predecessor in the Illinois Constitution of 1870, which required that "[t]he General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education.” (Ill. Const. 1870, art. VIII, § 1.) In People ex rel. Leighty v. Young (1923), 309 Ill. 27, 139 N.E. 894, the court held that this constitutional provision provided the legislature with both a mandate, to provide a thorough and efficient system of schools, and a limitation, to provide a free system. (See also People v. Deatherage (1948), 401 Ill.

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Bluebook (online)
659 N.E.2d 1366, 213 Ill. Dec. 719, 277 Ill. App. 3d 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-leininger-illappct-1995.