CPS calls special board meeting over Acero charter school closures

In the latest development in a monthslong battle between the Chicago Public Schools and the Chicago Teachers Union, the school board will convene for a special meeting to address the impending closures of several charter schools.

The meeting, scheduled for Thursday afternoon, will also allow audience members to closely watch another issue: The hiring of outside legal counsel to represent the board. Mayor Brandon Johnson’s allies deem the help necessary as an accountability mechanism to help the school board have independence from the general counsel that reports to both the board and Chief Executive Officer Pedro Martinez.

Last month, Acero charter network leadership announced the closure of seven of their 15 schools, citing financial constraints, declining enrollment and inadequate space to ensure compliance with the Americans with Disabilities Act. Afterward, Martinez said he hadn’t been made aware prior to the charter leadership’s announcement that the schools were moving forward with closures.

But the district said the Acero closures have garnered more involvement from outside politicians than other charter school closings.

“Partners, including City Hall and our labor partners, have not been involved with the district’s response to other charters that have voluntarily closed doors,” said a CPS spokesperson in a statement.

Since 2013, 25 charter schools in CPS have closed. Of those, 12 were self-directed closures (similar to Acero’s decision), while the remainder were school board-directed closures, according to the CPS spokesperson.

The board will change in a few weeks as a result of votes cast by Chicagoans in this November’s election and new selections appointed by Mayor Brandon Johnson. Until then, the six members Johnson appointed in a rush in early October — after the previous board resigned en masse under pressure to fire CEO Martinez for refusing to take out a $300 million loan — will have the final word on the resolutions at Thursday’s meeting.

The seven schools Acero aims to close at the end of the school year serve about 2,000 students and employ around 270 staffers. Most of the students who will be affected by the closures — about 85% — are Latino.

Charter schools are managed by nonprofit organizations and governing bodies, separate from the district. Acero’s charter operator does not report to the district but its own board of directors, which voted to approve the closures.

While charter schools are in contractual agreements with the district, CPS cannot unilaterally require Acero to keep the seven campuses open. Still, CEO Pedro Martinez has recently come under fire for the seven charter school closures, despite the CEO of CPS not having any authority to prevent a charter from closing its doors at the end of this school year, according to a statement from the district Tuesday.

When the Acero Charter School Network was renewed for three years in 2023, the network had met financial performance standards, the district said. The decision to close seven schools was made by Acero executives who based closures on the network’s projected deficits.

But a resolution proposed by the six members appointed by Johnson last month attempts to keep responsibility with the district, as it may require CPS to resume operations at each of the schools, according to meeting materials posted Tuesday.

If the measure is approved, Acero representatives will be summoned to the board to explain the charter operator’s decision and explore alternatives.

The proposal states that if the charter operator proceeds with its plans, the board will take the “substantial disruption and harm” of the closures into account.

Prior boards have not offered financial support to charter operators closing schools for financial reasons, said the CPS spokesperson in a statement.

“The prior framework or stance for that decision was that if charter operators were aware that CPS would offer bailouts to operators with financial issues, there would be no incentive for charter operators to responsibly use taxpayer funding, and the district would lose significant leverage,” the spokesperson said.

The surprise vote comes after the district has taken different approaches to charter and contract school closures in recent years — and follows a contentious closed-door meeting Monday between CPS and city officials.

The Mayor and his CTU allies have been at odds with Martinez since the schools’ chief declined City Hall’s demand that the district take on a high-interest loan to solve its budgetary problems — including funding a new contract with the Chicago Teachers Union.

The disagreement over how to solve the district’s financial woes has led to a soapy, months-long standoff with Martinez’s fate as CPS chief hanging in the balance.

When the previous seven-member board resigned in masse in October, just days later the mayor quickly filled the seats with allies he said were loyal to his vision, which, at least financially, did not align with Martinez’s.

Earlier this month, an unprecedented election to create a new hybrid school board ushered in 10 new elected board members — four backed by CTU — who will be seated in January alongside 11 members appointed by the mayor. With six new members joining the board, CTU may now be on the defensive.

Since then, CPS stakeholders have been waiting — and lobbying — for and against Martinez in anticipation of whether the new board will exercise its sole right to fire him.

While a vote on Martinez’s termination isn’t expected Thursday, the board’s votes at the special meeting this week will also include a resolution to retain an outside law firm, according to the meeting’s agenda published online Tuesday afternoon. Some legal experts say the outside counsel could be a step forward in potentially firing the school’s chief who rejected Johnson’s request to resign in Sept.

The resolution authorizes the board to spend $40,000 to retain the legal services of Cozen O’Connor, a Loop-based law firm, according to the agenda.

Martinez’s contract says termination without cause requires about six months’ notice and twenty weeks of his base salary, which is over $130,000. The CEO makes $340,000 per year.

In January, Martinez is subject to a performance review. The school board has to cite failure to perform duties, fraud, misconduct or any other wrongdoing to fire Martinez for cause.

Acero’s current agreement with CPS, authorizing the charter network to operate its remaining schools, expires at the end of next school year.

Chicago Tribune’s Alice Yin contributed.