Board of Education of Woodland Community Consolidated School District 50 v. Illinois State Board of Education

Illinois Appellate Court
Civil Court
Schools
Citation
Case Number: 
2018 IL App (1st) 162900
Decision Date: 
Friday, March 23, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Affirmed.
Justice: 
HOFFMAN

Over objection of two School Districts, State Board of Education authorized creation of a charter school in 1998, entitling it to enroll students residing within boundaries of School Districts. Court properly granted joint motion for summary judgment in declaratory judgment action filed by School Districts. Based on language of Section 27A-11(a) of Charter Schools Law, pupils attending a charter school located within local school district in which they reside cannot be excluded from a determination of the actual number of pupils in attendance in that district for purposes of calculating district's average daily attendance, which is the denominator of formula used to determine district's per capita tuition cost set forth in section 18-3 of School Code, which establishes minimum and maximum to be deducted from funds otherwise due to School Districts and paid to charter school. (CUNNINGHAM and CONNORS, concurring.)