*** UPDATE *** Mayor Daley told reporters today that the funding lawsuit was “very constructive”…

“I think it’s a good lawsuit,” Daley said. […]

“They have been talking about this for 25 years,” he said. “It’s not good for Illinois in the long run … Other states have done this … Other states have been very successful in these lawsuits, and we think we can be here.”

Daley joked that the courts should mandate school funding change because “they mandate everything else.” A federal judge appointed a monitor to police city hiring in 2005 amid a patronage hiring scandal in Daley’s office.

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* Mary Mitchell takes a look at the school funding inequity lawsuit that was filed yesterday…

“The State’s failed school funding scheme has left many school districts, particularly those who serve high concentration of low income and minority students, with a mounting educational crisis,” the complaint claims.

Until now, the school funding disparity has been endured like a necessary evil.

But now [Rev. Sen. James Meeks] and others argue that given the high drop-out rates, low college attendance rates, and high incarceration rates, those concerned about this issue can no longer sit back.

The lawsuit could create a sense of urgency that will force parents to take notice.

Jenner & Block, a firm that is known for its aggressive representation of government officials, intends to seek a temporary injunction that forces the General Assembly to tackle the problem sooner rather than later.

In other words, Meeks ain’t playing.

* It still remains to be seen whether the courts will stick their noses into a legislative issue. Patterson points to the Supreme Court’s opinion in a previous case…

While the present school funding scheme might be thought unwise, undesirable or unenlightened from the standpoint of contemporary notions of social justice, these objections must be presented to the General Assembly.

* More on that history from the Sun-Times…

In the lawsuit that Nickels ruled on, the arguments for change hinged on whether the state Constitution requires all schools to be funded equally. In a second case, filed by parents in East St. Louis and decided in 1999, the question was whether the Constitution required the state to guarantee adequate school facilities.

In both instances, the high court held that the Constitution offered no such guarantees and punted the issue back to the Legislature, which has resisted higher taxes to finance education.

“Whether this case can thread its way through the two decisions already on the books is something that remains to be seen,” former state senator and 1994 Democratic gubernatorial candidate Dawn Clark Netsch said of the Urban League effort.

“It is a tough obstacle,” said Netsch, who teaches law at Northwestern University.

* More about the suit itself…

The lawsuit claims that under the Illinois Civil Rights Act of 2003, the current system “disparately impacts” racial and ethnic minority students. […]

The suit also claims that the school funding system violates the Illinois Constitution’s Uniformity of Taxation provision, right to equal protection and right to attend “high-quality educational institutions” guaranteed by its education article.

Lisa Scruggs, the lead attorney and Jenner & Block partner, expressed confidence in the lawsuit’s likelihood of success based on its civil rights claims. Two previous challenges to Illinois’ system in the 1990s — based only on the constitution — failed.

* And still more…

llinois’ current system of funding exacerbates the state’s segregated housing problem, especially in Chicago, said Lisa Scruggs, a lawyer for the group. Because homes in neighborhoods with high percentages of minorities have lower values than homes in white neighborhoods, schools in minority districts get less funding.

“The basic fact that you have a distinction between low property-wealth districts and high property-wealth districts, ultimately that leads down the road to gaps in education performance,” Scruggs said.

* More…

Property values in highly-segregated, low-income neighborhoods become even lower when the school district is underfunded, the suit said, making the problem even worse for schools in those districts.

High drop-out rates and low test scores are in line with the lack of resources at certain schools — mostly in minority neighborhoods or communities, the suit said. Large class sizes and cuts in sports and art and music education leave many students “behind.”

* The governor is staying away…

The governor’s office did not return calls for a response.

* And the attorney general is treading lightly…

A spokesman for the Illinois Attorney General’s Office said the lawsuit will be reviewed.

* But AG Madigan was touting a new study this week…

An increase in Illinois high school graduation rates would bring about a sharp reduction in violent crime statewide, according to a study released Wednesday.

Fight Crime: Invest in Kids, a national organization of law enforcement officials and former crime victims, sponsored the report in an effort to investigate the root causes of crimes committed by young adults.

Illinois Attorney General Lisa Madigan, who presented the report with the organization’s Vice President Jeff Kirsch, said the study revealed a growing need for the state to play an active role in ensuring quality early education and on-time high school graduation.

* Related…

* Urban League lawsuit

* Illinois Civil Rights Act of 2003