Judge’s ruling aids charter schools

The ruling kept one charter school open, despite the state’s attempt to close it.

DAYTON (AP) — The Ohio attorney general’s office took a hit when a judge threw out a lawsuit trying to shut down an embattled charter school, a ruling that is being closely watched by other privately run schools the state accuses of failing to meet academic standards.

Jim Gravelle, spokesman for the attorney general’s office, said agency attorneys plan to meet today to review last week’s ruling by Montgomery County Common Pleas Court Judge Michael Tucker.

An appeal is possible, Gravelle said. He declined to say what effect the ruling might have on the attorney general’s pending lawsuits against two charter schools in the Dayton and Cincinnati areas.

Tucker ruled that the attorney general has no authority over New Choices Community School in Dayton.

Charter schools are private schools that receive public funding.

“The court properly recognized that oversight and regulation of public charter schools is properly in the hands of the Legislature and the Department of Education, not the attorney general,” said Chad Readler, a Columbus attorney who represents New Choices. “I hope this decision provides some guidance to other courts considering the issue.”

Ohio passed legislation in 1997 creating charter schools. The state has about 335 charter schools serving 80,000 students.

Last year, then-Attorney General Marc Dann sued New Choices, saying it was not meeting its obligations for receiving taxpayer money. Dann said the school failed in its mission as a charitable trust.

In last week’s ruling, Tucker rejected the idea that charter schools are a charitable trust. He cited a previous court decision that concluded charter schools are political subdivisions established by the state Legislature and part of the state’s program of education.

“Given this conclusion,” Tucker wrote, “there is simply no charitable-trust role for the attorney general either by statute or at common law.”

The Ohio Alliance for Public Charter Schools applauded Tucker’s ruling.

“We’ve always maintained that Ohio law does not permit the attorney general to close charter schools — or any other public schools — simply because he doesn’t like the way they are operated,” said Bill Sims, the group’s president and CEO.

The Ohio Education Association said it would support an appeal of the judge’s ruling.

“We disagree with the court’s decision and continue to support the attorney general’s office in its effort to hold community schools accountable for student performance and public funds,” said Michelle Prater, spokeswoman for the state teachers union.

About 230 students are enrolled in New Choices, which is in its seventh year of operation.

In its lawsuit, the attorney general’s office asked the judge to bar New Choices from further operation, saying the school’s poor academic performance and poor stewardship of public funds would defeat or substantially impair the accomplishment of its purpose.

Readler said the school has shown academic improvement and is “moving ahead with a strong academic and financial platform.”

“From Day One, we have been about educating our students,” Principal Jim Dock said. “We will continue to do that. This is year seven; we have met somebody’s criteria.”

Dock said the school has felt from the beginning that the governance of charter schools is in the hands of the Legislature.

“We’re pleased that the judge agrees,” he said.