Appeal from the Circuit Court of Cook County; the Hon. THOMAS
C. DONOVAN, Judge, presiding. Affirmed.
MR. PRESIDING JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.
This is a mandamus action, in which the relator seeks to compel the transfer of her daughter, Faye Diament, from the Hyde Park High School to the South Shore High School, because of emotional and psychological difficulties resulting from her attendance at Hyde Park. After a trial on the merits, the trial court denied the petition and the relator appeals.
The relator, Irene J. Altman, and her family live at 6921 Merrill Avenue, Chicago. Her daughter, Faye Diament, was a June 1964 graduate of the O'Keeffe Elementary School. In September 1964, Faye enrolled in the Hyde Park High School and commenced attending classes. At that time, 71st Street was the south boundary of Hyde Park High School and separated it from South Shore High School.
On April 15, 1965, the Board of Education, by resolution, established a new district (District 22) and extended the north boundary of the South Shore High School to 67th Street, which included the O'Keeffe school and the residence of the relator.
Subsequent to the adoption of the April 15, 1965, resolution, the relator, in person and in writing, requested a transfer of Faye to the South Shore High School. The transfer request was denied because of a Board policy and practice that assignment of elementary school pupils to high school affects future graduating classes only and does not retroactively apply to graduates of preceding years already enrolled in and attending high school.
The petition for writ of mandamus filed August 30, 1966, included allegations that it was the duty of the General Superintendent of the public schools of Chicago "to carry out the legislative acts of the Board of Education by ministering to the needs of the school children of Chicago so that they could get a good common school education as guaranteed by the Constitution of the State of Illinois taking into consideration the social, cultural and psychological needs of the students under his charge," and that "the defendants, or either of them, acting in their own behalf or as agents in behalf of the SCHOOL BOARD OF EDUCATION, have abused their discretion and have acted arbitrarily in denying to the relator's daughter the right to transfer from the Hyde Park High School to the South Shore High School."
The petition alleged the following reasons for the allowance of the transfer:
a. The Hyde Park High School is further away in distance and in a less safe area.
b. None of the girl classmates of her own race from the O'Keeffe elementary school now attend Hyde Park; most of them are at South Shore High School.
c. The only girl classmates of her own ethnic background in any of her classes at Hyde Park High School, live at the north end of that district and will be going to the new Kenwood High School next year.
d. That the South Shore High School is 3 or more blocks closer to relator's address than the Hyde Park High School and in a safer neighborhood; that the South Shore High School is an integrated school, whereas the Hyde Park High School is not, there being less than 10% white in attendance there, and will be completely resegregated next year.
e. None of her present girl classmates live in her immediate neighborhood which deprives her of a traveling companion.
f. There are no students at Hyde Park with whom she can form a kinship, boys and girls of her peer group associated with her in social, religious, and cultural activities, mostly attend South Shore High School, none going to Hyde Park High School.
g. That with the graduation of her brother, her role at Hyde Park High School will be that of a "loner" which is not conducive to her best interests and will have an adverse effect on her development and psychological welfare, as set forth in a medical report sent to defendant, MARGARET CLYNE, at the ...