CHICAGO (CBS) — A Cook County judge today dealt a big blow to the Chicago Board of Education in its bid to immediately win more money for the city’s public schools.

The judge rejected the city’s lawsuit claiming that the state’s funding system for schools discriminates against minority students. Judge Franklin Valderrama, however, expressed sympathy for the Chicago school system and said he would allow officials to file an amended complaint.

Chicago Public Schools officials previously said they would have to end the school year a few weeks early, on June 1, because there is a more than $200 million hole in the CPS budget. Mayor Emanuel vowed to keep kids in school, but he and other officials couldn’t say immediately where the money will come from.

“The kids of the city of Chicago will be in school until the end of the school year. That is where they belong,” Emanuel said at a news conference.

The Chicago Teachers Union took a swipe at CPS for pursuing the legal action, which, it said, was destined to fail.

“There are fewer than 30 school days and counting until the mayor and CPS CEO Forrest Claypool’s June 1 shutdown and this failed legal challenge has cost taxpayers both time and money,” the CTU said in a statement.

City leaders need “to stop playing games and use the resources available to them to fully fund our schools,” the union statement said.

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