Comprehensive Community Solutions, Inc. v. Rockford School District No. 205

837 N.E.2d 1, 216 Ill. 2d 455, 297 Ill. Dec. 221, 2005 Ill. LEXIS 969
Illinois Supreme Court·Decided September 22, 2005·No. 99332·Published·Cited by 136 cases

Opinion

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 “[ejvidence 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(0 (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 § 650.30 (1998). If the local board grants the proposal, and the State Board determines that the proposal complies with statutory requirements, the State Board must certify the proposal, creating the charter school. 105 ILCS 5/27A — 8(f) (West 2002); 23 Ill. Adm. Code § 650.40(a) (1998). If the local board denies the proposal, the party proposing the charter school may appeal that decision to the State Board. 23 Ill. Adm. Code § 650.60(a) (1998). The State Board “may reverse a local board’s decision if the State Board finds that the charter school or charter school proposal is (i) in compliance with this Article, and (ii) is in the best interests of the students it is designed to serve.” 105 ILCS 5/27A — 9(e) (West 2002). If the State Board reverses the local school board’s decision to deny a proposal, the State Board “shall act as the authorized chartering entity for the charter school” and perform all the functions that the local school district would perform with respect to the charter school. 105 ILCS 5/27A — 9(f) (West 2002).

CCS, a self-titled “community change agent,” operates YouthBuild Rockford, a branch of the National YouthBuild program and a part of the AmeriCorps national service movement. YouthBuild Rockford offers 16- to 24-year-old unemployed high school dropouts a chance to earn a high school degree while they acquire vocational skills. Participants in this program alternate their time between school and jobsites, where they rehabilitate or construct housing for low income and homeless people in the Rockford area.

In 2001, CCS submitted a proposal for a YouthBuild Rockford Charter School. CCS sought a five-year charter to serve 75 students between the ages 17 and 21 in 2002 and as many as 150 students by 2006.

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Comprehensive Community Solutions, Inc. v. Rockford School District No. 205, 837 N.E.2d 1, 216 Ill. 2d 455, 297 Ill. Dec. 221, 2005 Ill. LEXIS 969 (Ill. 2005).

837 N.E.2d 1 (Comprehensive Community Solutions, Inc. v. Rockford School District No. 205) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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