Find Legal Information

Docket No. 99332-Agenda 19-May 2005.

COMPREHENSIVE COMMUNITY SOLUTIONS, INC., Appellant,
v. ROCKFORD SCHOOL DISTRICT No. 205 et al., Appellees.

Opinion filed September 22, 2005.
 

JUSTICE FITZGERALD delivered the opinion of the court:

Comprehensive Community Solutions, Inc. (CCS), submitted a charter school proposal to the Rockford board of education (board). The board rejected the proposal, and the Illinois State Board of Education (State Board or ISBE)) refused to disturb that decision. The circuit court of Sangamon County confirmed the State Board's decision, and the appellate court affirmed the trial court's decision. 351 Ill. App. 3d 1109. CCS appealed. For the reasons that follow, we affirm.

BACKGROUND

In 1996, faced with mounting calls for public education reform, the General Assembly adopted the Charter Schools Law. See 105 ILCS 5/27A-1 et seq. (West 2002). The legislature acknowledged, "There are educators, community members, and parents in Illinois who can offer flexible and innovative educational techniques and programs, but who lack an avenue through which to provide them within the public school system." 105 ILCS 5/27A-2(a)(2) (West 2002). The Charter Schools Law seeks to expand educational opportunities for "at-risk pupils"-pupils "who, because of physical, emotional, socioeconomic, or cultural factors, [are] less likely to succeed in a conventional educational environment." 105 ILCS 5/27A-3 (West 2002). To ensure this purpose is met, the General Assembly indicated that the statute "should be interpreted liberally to support the findings and goals of this Section and to advance a renewed commitment by the State of Illinois to the mission, goals, and diversity of public education." 105 ILCS 5/27A-2(c) (West 2002).

A charter school is a public school organized and operated as a nonprofit entity independent of, but funded by, the school district in which it operates. A party seeking to establish a charter school must submit a proposal to both the State Board and the local school board in the form of a proposed contract. 105 ILCS 5/27A-7(a) (West 2002). There are 15 requirements for a charter school proposal, including "[e]vidence that the terms of the charter as proposed are economically sound for both the charter school and the school district." 105 ILCS 5/27A-7(a)(9) (West 2002).

As part of the contract, the party proposing the charter school and the local school board must agree on funding and any services that the school district will provide to the charter school. 105 ILCS 5/27A-11(b) (West 2002). A major source of this funding is so-called per capita student tuition-money provided from the state to school districts according to the number of students and their average daily attendance. See 105 ILCS 5/18-8.05(C) (West 2002). The Charter Schools Law provides: "In no event shall the funding be less than 75% or more than 125% of the school district's per capita student tuition multiplied by the number of students residing in the district who are enrolled in the charter school." 105 ILCS 5/27A-11(b) (West 2002). The legislature, however, intended that such "funding and service agreements *** shall be neither a financial incentive nor a financial disincentive to the establishment of a charter school." 105 ILCS 5/27A-11(b) (West 2002). Financial incentives instead come from the state: the statute offers "transition impact aid" to school districts that have approved charter schools (105 ILCS 5/27A-11.5(1) (West 2002)), as well as grants (105 ILCS 5/27A-11.5(2) (West 2002)) and interest-free loans (105 ILCS 5/27A-11.5(3) (West 2002)) to charter schools for educational materials and facilities.

After receiving a charter school proposal, the local school board must convene a public meeting to obtain information relevant to the proposal. 105 ILCS 5/27A-8(c) (West 2002). Within 30 days of that meeting, the local school board must convene another public meeting and vote to either grant or deny the proposal. 105 ILCS 5/27A-8(e) (West 2002). In evaluating a charter school proposal, the local school board must give preference to proposals that "(1) demonstrate a high level of local pupil, parental, community, business, and school personnel support; (2) set rigorous levels of expected pupil achievement and demonstrate feasible plans for attaining those levels of achievement; and (3) are designed to enroll and serve a substantial proportion of at-risk children." 105 ILCS 5/27A-8(a)(1) through (a)(3) (West 2002).

The local school board must then report its decision to the State Board. 105 ILCS 5/27A-8(f) (West 2002); 23 Ill. Adm. Code