Months after the Chicago Board of Education initiated a search for the next CEO of Chicago Public Schools (CPS), the process has been clouded by conflicting interpretations of state law regarding who holds the authority to make the appointment.
This uncertainty emerged following an email sent by State Sen. Rob Martwick to school board President Sean Harden on May 28, 2023.
Martwick, a key figure in the legislation that established Chicago’s elected school board, informed Harden that under the current legal framework, it is the mayor who possesses the power to appoint the CEO, and for the board to do so would be “outside of the law.”
The email, obtained through a Freedom of Information Act request, referenced a section of Illinois school code enacted when Chicago schools were placed under mayoral control in 1995.
This specific section states: “The Mayor shall appoint a full-time, compensated chief executive officer, and his or her compensation as such chief executive officer shall be determined by the Mayor.”
In contrast, members of the school board argue that a different part of the school code grants them the authority to select a superintendent.
As legal experts weigh in on the matter, there remains no consensus on whether the law grants hiring power to the school board once it becomes fully elected in 2027.
Teri McMurtry-Chubb, a law professor at the University of Illinois at Chicago, noted, “It is completely unclear.”
This lack of clarity raises questions about the legal ramifications of both current and future mayors claiming they have the right to appoint the CEO rather than the board.
Currently, the mayor appoints 11 out of the 21 members of the school board, leaving the board in a transitional phase until the full election takes place in 2027.
Despite Martwick’s interpretation, the email has not hindered the board’s search for the next leader of CPS, which is expected to conclude as early as next month.
Jessica Biggs, the chair of the board’s transition team, responded to the inquiry by emphasizing that the question of authority was quickly resolved and that the board ultimately retains the power to hire the CEO.
Martwick’s email came shortly after the school board affirmed its commitment to community engagement in the decision-making process regarding the CEO search and after it passed a resolution mandating that the next CEO possess a superintendent’s license.
Interestingly, Martwick mentioned that he has not had discussions about this issue with either the mayor or those within City Hall.
His understanding of the law, as he conveyed, stems from negotiations surrounding the legislation that established the school board’s elected framework.
“I didn’t want this,” Martwick acknowledged, “but the concession that I made was that the mayor would appoint the school board president and the mayor would appoint the CEO during the transitionary period.”
Post-2027, Martwick contended, the board becomes an independent governing entity with full authority over the hiring process.
Martwick and other legislators have long advocated for an elected school board, responding to years of community and labor group efforts, including advocacy from the Chicago Teachers Union.
In February 2024, the mayor reached out to state Senate President Don Harmon, requesting that ten members of the newly elected school board be chosen this year, while allowing the mayor to appoint the remaining members until 2027.
Harmon, who initially supported the notion of a fully elected board, subsequently introduced legislation reflecting the mayor’s proposed structure, which was ultimately passed.
When questioned about the school board’s decision to continue its search for a new CEO despite Martwick’s interpretation, he cautioned that the board may be exposing itself to potential legal action from the mayor.
“There’s no legislation police, right? We don’t come around and say, ‘Oh, you’re not following the law,’ but you leave yourself open to some sort of legal challenge,” Martwick stated.
Nevertheless, he acknowledged that if the board proceeded with its process, that could mark an acceptance of authority on their part.
Legal interpretations of the situation divulge a complex landscape concerning Illinois law governing the operation of public schools.
Notably, the Chicago mayor’s right to appoint the CEO stems from a section of the school code tied to the prior Board of Trustees, operational between 1995 and 1999, replaced by a board directly appointed by the mayor until this year.
Critically, this section of the law remains intact despite the changes brought about by the legislation for an elected school board, and there is no defined timeline indicating when the mayor’s power to appoint a CEO ceases.
In contrast, another section of the school code permits the board, by majority vote, to select a general superintendent of schools, with authorization to conduct a national search for the position.
Historically, from July 1999 until January 2023, the Chicago mayor has retained the authority to choose the district’s CEO, who would then receive school board ratification—a board composed solely of mayoral appointees.
David Bloomfield, a former general counsel for New York City public schools, analyzed the applicable state law and concluded that the board should select the CEO, arguing that the mayor’s authority stems from an old emergency declaration modified by more recent reforms.
“I don’t think it’s ambiguous, and if my interpretation is correct, no legislative action is needed,” Bloomfield stated.
He added that the authority outlined in earlier appointments needs to be viewed as outdated and not necessitating any formal repeal.
On the other hand, Nadav Shoked, a law professor at Northwestern University, emphasized the absence of an explicit expiration for the mayor’s power in the school code.
He described the language regarding the board as more passive, which contributes to the legal ambiguity surrounding the issue.
Shoked presented a hypothetical scenario in which a board-selected CEO dismisses a principal; such a principal might contend that the CEO is invalidly appointed, leading to potential legal disputes.
While Shoked suggested he would wager on the board prevailing in legal proceedings, due to allowance given for board appointments in the law, the ambiguity leaves the board vulnerable to legal challenges, accompanied by potential financial strains related to litigation.
McMurtry-Chubb echoed these sentiments, indicating that existing legislation could permit both the mayor and the board to each appoint a CEO—a development that could divert essential resources.
Should conflicts arise between individuals chosen by either party, it could create an environment rife with tensions that may hamper efficient leadership.
Legal experts, including McMurtry-Chubb and Shoked, have called for legislative action to clarify the law and designate explicitly who holds the CEO hiring authority moving forward.
In the interim, Shoked suggested that the Board might mitigate the risk of legal confrontation from City Hall by ensuring that any final candidate for the CEO position garners the mayor’s approval.
Biggs, however, has expressed confidence in the clarity of the law concerning the board’s authority to hire the CEO post-1999.
She noted that Harden collaborated with board members to outline when to invite the mayor to provide recommendations during the search process.
The mayor’s office has not raised any concerns regarding the ongoing search, according to Biggs.
“As a sister agency of the city, we’re interested in working in partnership with the mayor’s office,” Biggs stated, elaborating on the desire for cooperation when introducing competitive candidates to the mayor.
The current law lacks explicit language delineating the power of either entity to select a CEO following the full election of the board in 2027.
Martwick asserted that if the General Assembly fails to clarify this ambiguous language, it would be crucial to establish who rightfully retains the power to choose the leader of Chicago’s schools.
“My understanding from the negotiations surrounding the elected school board legislation is that the authority rests with the board after it becomes fully elected,” he concluded.
“I will testify to that in open court.”
Reema Amin is a reporter focusing on developments within Chicago Public Schools.
image source from：blockclubchicago
