Hearing Date: 11/6/2018 9:30 AM - 9:30 AM

Courtroom Number:
FILED
10/30/2018 6:23 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
CIRCUIT CLERK
COUNTY DEPARTMENT, CHANCERY DIVISION
COOK COUNTY, IL
FILED DATE: 10/30/2018 6:23 PM 2018CH07647

Elisabeth Greer, individually and as )

next friend of H.G. and N.G., minors; )
Courtney Everette, individually and as )
next friend of W.E. and K.E., minors; )
Denetta Jones, individually and as )
next friend of A.H. and J.H., minors; )
Anika Matthews, individually and as ) No. 2018 CH 07647
next friend of P.F., a minor; )
Concerned Parents of NTA; and ) Hon. Franklin U. Valderrama
Chicago United for Equity; )
Plaintiffs, )
vs. )
BOARD OF EDUCATION OF THE )
CITY OF CHICAGO, a/k/a Chicago )
Public Schools, Janice Jackson, )
Chief Executive Officer. )
Defendants. )

PLAINTIFFS’ MOTION TO SUBMIT NEWLY AVAILABLE EVIDENCE IN SUPPORT

OF THEIR MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs, by and through their attorneys, respectfully move this Court for leave to submit

the attached newly available evidence for this Court to consider in support of Plaintiffs’ Motion

for Preliminary Injunction, currently pending. In support of this motion, Plaintiffs state as

follows:

1. On June 19, 2018, Plaintiffs filed their Complaint, challenging the decision of the

Board of Education of the City of Chicago and Janice Jackson (“CPS”) to phase out NTA and

change its attendance boundaries. Plaintiffs ask that the decision be enjoined and declared void,

inter alia, because CPS violated mandatory School Code provisions in reaching it.

2. On July 31, 2018, Plaintiffs filed their Motion for Preliminary Injunction

(“Motion”), which was fully briefed and subsequently argued on October 10, 2018, and which

remains pending.

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 3. Plaintiffs based Count IV of their Complaint on CPS’s failure to provide NTA

students with the opportunity to attend a higher-performing school, as required by 105 ILCS
FILED DATE: 10/30/2018 6:23 PM 2018CH07647

§ 5/34-225(c)(2) (“The school transition plan shall include . . . options to enroll in higher

performing schools.”).

4. As Plaintiffs explained in their Motion, CPS failed to meet the requirement that

NTA students have the option to enroll in a higher-performing school because NTA and South

Loop Elementary, where NTA students will be reassigned, had equal (Level 1+) ratings. (See

Motion at 46-47, citing Exhibit A, excerpts from CPS’s School Profile Page for NTA (“NTA

Profile Page”), and Exhibit EE, CPS’s School Profile Page for South Loop Elementary (“South

Loop Elementary Profile Page”).)

5. School ratings are released each fall, based on school performance data gathered

during the prior school year. (See Motion, Exh. P, SQRP Manual, at 1.)

6. On October 26, 2018, CPS published the current school ratings for NTA and

South Loop Elementary, based on data from the 2017-2018 school year. Under these ratings,

NTA remains at Level 1+, but South Loop Elementary dropped to Level 1. These new ratings are

reflected in CPS’s 2018-2019 Elementary School Quality Rating Reports for NTA and South

Loop Elementary, attached. (See Exh. KKK (“NTA SQRP Report”1) and LLL (“South Loop

SQRP Report”2).)

7. Plaintiffs request that this Court take judicial notice of this newly available,

relevant evidence in support of their claim that the school action at issue violates the requirement

that displaced students have the opportunity to attend a higher-performing school. A court may

take judicial notice of any fact not subject to reasonable dispute, which is capable of accurate and

1
Available at https://schoolreports.cps.edu/SQRP_2018/ES_SQRP_ReportSY18-19_AUSL_610231.pdf.
2
Available at https://schoolreports.cps.edu/SQRP_2018/ES_SQRP_ReportSY18-19_ISP_609990.pdf.

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 ready determination by sources whose accuracy may not reasonably be questioned. Ill. R. Evid.

201; Bocock v. McGuire, 2017 IL App (3d) 150860, ¶ 9, n.1; In re County Treasurer, 356 Ill.
FILED DATE: 10/30/2018 6:23 PM 2018CH07647

App. 3d 1102, 1111 (4th Dist. 2005). The attached evidence, taken from CPS’s official website,

is not subject to reasonable dispute, and is subject to judicial notice.

8. Plaintiffs will submit additional briefing on the relevance and import of this new

evidence at this Court’s request.

WHEREFORE, for the foregoing reasons, Plaintiffs respectfully request that this motion

be granted.

Dated: October 30, 2018 Respectfully submitted,

/s/ Ashley Fretthold

One of Plaintiffs’ Attorneys

Ashley Fretthold Aneel L. Chablani

Katherine Gladson Candace Moore
Miriam Hallbauer Chicago Lawyers’ Committee for Civil Rights
Jennifer Payne 100 N. LaSalle Street, Suite 600
LAF (Legal Assistance Foundation) Chicago, IL 60602
120 S. LaSalle, Suite 900 312.630.9744
Chicago, IL 60603 cmoore@clccrul.org
312.229.6389 Firm ID: 30531
afretthold@lafchicago.org
Firm ID: 91017

Brent R. Austin
Caroline Malone
Eimer Stahl LLP
224 S. Michigan Ave., Suite 1100
Chicago, IL 60604
312.660.7600
baustin@EimerStahl.com
Firm ID: 49152