Board of Education of Waukegan Community Unit School District 60 v. Illinois State Charter School Commission

Illinois Appellate Court
Civil Court
Schools
Citation
Case Number: 
2018 IL App (1st) 162084
Decision Date: 
Thursday, January 25, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
BURKE

School District denied Defendant's application to open a charter school in Waukegan. Illinois State Charter School Commission concluded that Defendant's proposal was in compliance with requirements of Charter Schools Law and in best interest of students the school was designed to serve. School district filed complaint for administrative review; court affirmed Commission's decision. Commission properly found that Defendant had proposed a sufficient education program for its Waukegan campus and for ELL, special education, and at-risk students students. Commission properly analyzed best interest factor, and its conclusion that Defendant's proposal was in best interest of students the school was designed to serve was not clearly erroneous. School district, as a school board, cannot assert due process claims against the Commission, which is an entity of the state. (GORDON and ELLIS, concurring.)