The Illinois Appellate Court ruled that a recent addition to Article 34 of the School Code, which placed a moratorium on school closings, consolidations, and phase-outs, until the (newly-elected) Chicago Board of Education is seated on January 15, 2025, does not apply to Chicago charter schools.
This decision came after the Chicago Board of Education decided not to renew contracts for two charter high schools in 2022 due to allegations of “uncorrected mismanagement and financial malfeasance.” The charter schools argued that the non-renewal violated the moratorium because it would effectively close the schools. Because the legislature added the moratorium provision to Article 34, which generally concerns CPS and the schools it manages, the court determined that the statute applies only to district-managed schools and does not extend to charter schools.
By clarifying that the moratorium on school closings, consolidations, and phase-outs does not extend to Chicago charter schools, the court has determined that the Chicago Board of Education has authority to nonrenew charter school contracts. This clarity is vital for Chicago charter schools that may be seeking charter renewals in the next few years.
Please contact a member of our Board Governance/Corporate practice group with questions.
Source: Urban Prep Academies v. Board of Education of Chicago School District 299
