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BOARD OF EDUC. OF COMMUNITY CONSOLIDATED SCH. DIST. NO. 59 v. STATE BD. OF EDUC.

No. 1-98-3709.

740 N.E.2d 428 (2000)

317 Ill. App.3d 790

251 Ill.Dec. 347

BOARD OF EDUCATION OF COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 59, Plaintiff-Appellant, v. ILLINOIS STATE BOARD OF EDUCATION, Joseph A. Spagnolo, in his official capacity as State Superintendent of Education, and Board of Directors of Thomas Jefferson Charter School Foundation, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

November 9, 2000.

Attorney(s) appearing for the Case

Franczek Sullivan P.C., Chicago (Charles P. Rose, Pamela H. Clarke, of counsel), for Appellant.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Chicago (Paul Racette, Assistant Attorney General, of counsel), for Appellee Illinois State Board of Education and Joseph A. Spagnolo.

Lowe & Steinmetz, Ltd., Aurora (John P. Duggan, of counsel), for Appellee Thomas Jefferson Charter School Foundation.

Justice ZWICK delivered the opinion of the court:

The Thomas Jefferson Charter School Foundation (the Foundation) sought to establish a charter school within Community Consolidated School District No. 59 (District 59). Pursuant to the Charter Schools Law (105 ILCS 5/27A-1 et seq. (West 1996 and 1997 Supp.)), the Foundation submitted its charter proposal for approval. District 59 rejected the proposed charter based upon a determination that the proposal contained...

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