Committee for Educational Rights v. Edgar

I agree with the majority that count I of plaintiffs’ complaint does not state a cause of action under the equal protection clause of the 1970 Illinois Constitution (Ill. Const. 1970, art. I, § 2). Accordingly, I concur in that part of the majority opinion that upholds the trial court’s dismissal of that count. 174 Ill. 2d at 32-40.

However, the majority also concludes that count III of the complaint does not state a cause of action under the education article of the 1970 Illinois Constitution (Ill. Const. 1970, art. X, § 1). I respectfully disagree. I conclude that count III does state a…