Division I regional track finals
Fenwick graduation 2012
Ponitz graduation 2012
Dayton Daily News education reporter Scott Elliott writes about schools, kids, teaching and learning.
Home > Blogs > Get on the Bus > Archives > 2008 > January > 04 > Entry
Attorney: Dann overstepped authority
In a court filing today in Montgomery County, the attorney for Dayton’s New Choices Community School argued that Ohio Attorney General Marc Dann overstepped his authority when he filed suit to try to close the charter school.
The filing says Dann is not authorized to regulate charter schools, even though they operate as charitable trusts. Dann’s suit asked courts to close the schools arguing they failed to live up to their purposes as “charitable trusts” under Ohio law because their bad academic performance indicated they are not adequately helping students learn.
See the press release from the Ohio Alliance for Public Charter Schools by clicking the “continued’ link:
As legal counsel for New Choices Community School, the defendant in Attorney General Marc Dann’s law suit filed on September 12, 2007, Jones Day filed a motion for judgment on the pleadings with the Montgomery County Court of Common Pleas on December 26, 2007.
“Ohio law does not permit the Attorney General to close New Choices Community School, or any other public school for that matter, simply because he does not like the way the school is operated,” said Chad Readler, lead attorney in the case. “While the Attorney General is authorized to regulate certain charitable trusts, community schools are a far cry from the trusts over which the Attorney General typically and historically has exercised his powers.”
Readler also noted that Ohio law makes clear that it is the General Assembly, the Department of Education, and community school sponsors — not the Attorney General — who are responsible for community school regulation.
Additionally, New Choices is succeeding in its mission of providing an alternative educational choice to its students, many of whom have struggled in traditional school settings, as proven by its popularity with parents and students and its recent recognition by the State Superintendent of Instruction.
“No Attorney General, not in Ohio or anywhere else, has ever sought such broad authority over a state’s public school system,” observed Readler. “This unprecedented attempt by the Attorney General to interfere with public education should be rejected.”
The Ohio charter school community has rallied to the defense of New Choices. “We see this as an unwarranted attack on all of Ohio’s community charter schools,” said Bill Sims, CEO for the Ohio Alliance for Public Charter Schools. “Legislators have already taken steps to close chronically low-performing charter schools, making the attorney general’s actions completely unnecessary and inappropriate.”
Permalink | Comments (16) | Categories: Charter Schools and School Choice
Comments
By School Supporter
January 11, 2008 1:41 AM | Link to this
Hi Rich. To answer your question, Dann is overlooking the state board’s failure to “design model report cards appropriate for the various types of community schools.” This ought to partially address the NAACP’s concerns that “Many of the resource inequities … have resulted from persistent patterns of unequal resource distribution over many years, in ways that would have violated federal or state law had there been effective enforcement available. Furthermore, resource inequities often follow race and class divisions between districts, and often follow patterns of neighborhood segregation within diverse school districts. Naturally, inequities in school finance, including those that are apparent after adjusting for demographic cost differentials, are of grave concern as well.” In particular, the complaints filed by the AG’s office make concede no need for “demographic cost differentials,” which is just plain silly—the recent Achieve, Inc. report suggested that differential may be as high as 50%.By keith
January 9, 2008 6:27 PM | Link to this
“Did I mention that he is an academic all- conference for his particular sport?” That’s someone in a sport since it says “for his particular sport.” Duh. Perhaps someone needs a writing techniques course if that’s supposed to be someone NOT in a sport!By Mary
January 9, 2008 7:59 AM | Link to this
Mario, what community members are boards not listening to regarding the need for more academic services. Just because schools facilitate and encourage booster clubs more does not mean their concerns should trump classroom priorities, needs and services. Middle schools serving as farm teams for high school and college competitive sports is not an educational priority. Daddy dearest, the college admissions program is flawed when it emphasizes resumes, sports and joining. The people in control of colleges are apparently generally idiots. As pointed out in an Dayton Daily News article by D. L. Stewart, and quoted from a Wall Street Journal article about OSU, “The school spends $110,000 on each of its 980 athletes, which is triple the amount the university spends per undergraduate on education.” As far as I am concerned, this is educational and tax fraud and a crime against the state and the people of Ohio. A few weeks ago there was an article in the Dayton Daily News Life section about colleges are now looking for “angular”, not well rounded students.By mario
January 8, 2008 7:08 PM | Link to this
To bring a bit of clarity to who is paying for what � DPS did cut all middle school sports from the 2007-08 budget. Certain high school sports were maintained. There was much discussion among many community members about the value of team sports to students and the need to maintain a full roster of sports in middle school in order to have successful high school programs. This group took it upon themselves to raise the money from community sources to fund the middle school programs. By the way, DPS policy requires student athletes to maintain a 2.0 average for eligibility. The State requirement is 1.0. The seedling Foundation has mounted an aggressive campaign to raise money to fund the adjunct arts staff at Stivers. The Families and Children First Committee, a part of Montgomery County, was able to underwrite the cost of nurses and other student support services for DPS in the amount of $500,000. That allowed DPS to free up an equal amount of general fund money to help underwrite the cost of high school transportation. I have no knowledge of the seedling Foundation expectations, but all the other efforts are targeted to this year only. I applaud Rich for paying attention and acknowledging how closely traditional public school expenses are scrutinized. Often it is easy to just accept what everyone �knows � to be true without delving more fully into the issues.By daddy dearest
January 8, 2008 5:11 PM | Link to this
Well, keith, obviously you did not read my post very well. I said nothing about an athletic scholarship; he’s trying to just get into OSU as a regular student. The entry standards there are quite rigorous and there are quite a few students trying to get in because of OSU’s national prominence on the sports scene, which limits the openings. It is a trickle down effect, I guess. Students that would not have considered OSU in the past are now doing so. OSU is one of the leading universities in the country for his particular field of interest. He is a hard working high student who happens to participate in a high school sport. And he is ACADEMIC all-conference. Colleges look at extra-curricular activities when considering a candidate’s application. I dunno, I guess they want well-rounded and well-adjusted students at their colleges. Moreover, in my experience, most student-athletes are.By Rich
January 8, 2008 3:25 PM | Link to this
First, a general comment/complaint. I’ve written the DDN numerous times, complaining that the requirement that all people posting here must give an e-mail address, yet when OBVIOUSLY bogus addresses are given, comments are allowed to post anyway. Does ANYONE really moderate these blogs? No one at DDN has ever responded to this repeated complaint. Now, to reply to “school supporter” (who I’m 99.99% sure does NOT have actually have a “none@none.org” e-mail address as was entered with his/her comments): What’s the relevance of the 14th amendment to this issue? If you’re looking for equal administration of the law, you’re barking up the wrong tree by complaining about Dann’s actions here. And as for using “out-of-date” measures to assess school performance, do you realize that the state of Ohio hasn’t maintained the same measures or indicators for two years in a row since the district & building report cards began? NOT ONCE. And unless you’ve been closely associated with a traditional public school’s administration, you have NO idea how carefully the financial books are scrutinized each year. Believe me, I know this is true. The MUCH less detailed financial accounting expected of charter, community and other non-traditional “public” schools is extremely frustrating, and wasteful of public money. I wish Dann success.By TRS
January 8, 2008 12:08 AM | Link to this
School Supporter’s points are quite valid. The type student New Choices serves are very high risk. There are only two schools in DPS which could academically equal or surpass New Choices and both require invitations. I agree with School Supporter, the only OEA poking holes in the Charter School system at the expense of the kids who need it most.By Keith
January 7, 2008 8:40 AM | Link to this
When I see Channel 7 at the signing for a scholarship for a high school math student going to OSU I’ll believe there’s equality in the value system. Even the local rag hasn’t been able to purge itself of the athletic worship. I’ve seen administrators and coaches in an unholy aliance to the detriment of the other teachers being treated fairly in a school. I’ve seen grades changed on permanent records because a coach-administrator wanted to “help” an athlete. When I see Penn Station honoring the chemistry student of the week, when I see Channel 2 at the high school honoring an effective, stringent, not-so-well-liked teacher with demanding expectations which benefit the students’ learning. Maybe, Daddy Dearest, when I see someone say an athlete is trying to get into OSU and they don’t give the excuse of “Oh, he’s also a good student” therefore he deserves the athletic scholarship so other taxpayers of Ohio subsidize his education even more than they do other OSU students’ educations? Oh and he’s all conference in his sport. I was worried that he might not be good enough; I’m sure OSU needs more sports students. Let me guess, Daddy Dearest is a coach and teacher. My point was made. The shtick that needs to change is exemplified by DPS’s keeping sports when they cut everything else and want county money to subsidize their program. That’s sick. Bring in state control to bring reality back to Dayton. Oh and the mayor wants a good season for UD sports; sick. Sick. Sick. What a misplaced value systemBy Mary
January 6, 2008 7:01 PM | Link to this
Daddy dearest, not sure what your point is. I have no problem with people playing sports, just don’t expect your particular flavor of entertainment as an educational tax deduction and send me and other people the bill for big time sports when some are simply seeking a quality affordable education. And don’t lie about the system of who is really paying and what the impact is on the educational mission. I don’t send anyone a bill for my entertainment. I went to a movie tonight, had dinner. Where should I send the bill? I will continue to be “repetitive” to help demonstrate how obnoxious and obsessive sports fanaticism can be within the eduation environment. If I am getting on your nerves, welcome to the club. I feel the same way about the educational system, administrators, and board members pushing sports above quality academics.By School Supporter
January 6, 2008 12:13 AM | Link to this
Rich writes, “if Dann has oversight power for all other 501(c)3 or 501(c)4 organizations, why not for charter schools too?” These are good points which pose a challenge for Chad Readler. The deficiencies in Dann’s position I see are not his legal authority or the specific contractual obligations of the schools he has targetted. The problem I see is relying on inadequate report card measures which do not assess equal educational opportunity. Or perhaps AG Dann’s office feels empowered to ignore the Fourteenth Amendment at the OEA’s bidding. Maybe the well paid OEA staff members can explain Dann’s desire to enforce higher standards on select community schools than the standards supported by administrator contracts or the education platforms of Obama and Clinton.By School Supporter
January 5, 2008 9:13 PM | Link to this
Ted Hart, a spokesman for Dann’s office said, “New Choices highlights certain academic achievements but those differ from the standards set by the state Education Department.” Here’s a possible reason: On the recently developed value-added progress dimension, “78% of community charter schools met or exceeded state-level growth expectations.” http://oapcs.org/news/?cat=4 AG Dann appears to be using an obsolete measure of progress (supported by no ed school dean or presidential education platform) to close schools serving Dayton’s neediest students. Note, ORC 3314.012, “design model report cards appropriate for the various types of community schools … and the missions of the state’s community schools … by March 31, 2000,” set a date which could not be met. Appropriate report cards have only been possible since 2007 with the addition of the value-added progress dimension. The situation is especially challenging for New Choices, which serves older at risk students. By the way, how are the 220 refugee students from Colin Powell faring? Or were they no longer newsworthy once Dann added 220 notches to his OEA-approved truncheon?By daddy dearest
January 5, 2008 1:30 PM | Link to this
Mary, Mary, Mary, when will you give it up? The arts, sports and all “extracurricular” activities are necessary to a fulfilling existence in life, at least in a majority of people’s lives, maybe not yours, but for most people who have a life these diversions are necessary. We are not automatons who only think of working. Sports are purely entertainment, nothing else. The students who play sports are the same as students who play instruments, act in the theater, play chess, and compete on Channel 7’s High. Most people work so they can spend their money on entertaining themselves, cable for a high definition large screen TV to watch a far away sports event or what the latest Julia Roberts/George Clooney movie. I work hard to spend my money on OSU paraphernalia and the latest mountain biking gear. I also enjoy watching the occasional DVD earned with money from a job that was attained from a career that OSU trained me well for. The success of the football Buckeyes is directly related to the academic success of the university itself. I have a friend that has a high school senior that is trying to get into OSU and his SAT and ACT scores are well above average. He has been accepted at several other out-of-state institutions but cannot afford them despite their offerings of grants and scholarships. Did I mention that he is an academic all- conference for his particular sport? Which leads me to mention that from my experience most students that are active in extra-curriculars are better students because of their socialization skills and drive to succeed? I would rather have a class of jocks, bandoids, and thespians than a class of students that are there because they have to be because their parents are in trouble with the truant authorities. The goal of a society is to evolve in a way that it is not totally dependant upon its ability to provide for itself. When it becomes self-sufficient, then it can focus on entertaining itself. I do however agree that society is too infatuated with celebrity, but that is the way of our society. Don’t be to quick to blame all of society’s ills on high school and collegiate sports. Try to lighten up as well. Your shtick is old and repetitive.By Mary
January 5, 2008 7:37 AM | Link to this
Actually, I tie both of Scott’s adjacent front page articles in this morning’s paper together - the one about Dann and the other one about OSU bowl related merchandise sales. Maybe Attorney General Dann, if he is really interested in educational quality, should stay away from his official junket with five family members to the OSU/LSU game and read about the finances of big time collegiate sports along with their tax exempt status. “Beer and Circus How big-time college sports is cripping undergraduate education” would be a good start. As that book points out “Most universities lose money when their teams appear in bowl games”. It also points out that Athletic Directors learned that “by spending money on university officials and faculty boards of control, taking them and their spouses to bowl games and on other junkets… they persuaded the people within the university who have direct oversight over intercollegiate athletics to back it enthusiastically.” I guess this expands in Ohio to state government officials and what must be extra spouses/family members.By Oldprof
January 4, 2008 7:11 PM | Link to this
Scott, this is the sort of non-news that doesn’t really deserve an article. This is pure “dog bites man”—a lawyer filing a motion in the best interests of a client. When a judge decides that Dann has no authority, it will be newsworthy.By Big Ed
January 4, 2008 5:14 PM | Link to this
How many millions of taxpayer dollars will be wasted on charter school fraud before the governor gets his act together? Our taxes are high enough w/o supporting more educational bureaucracies.By Rich
January 4, 2008 4:01 PM | Link to this
I am, admittedly and thankfully, NOT a lawyer, but this action by Attorney General Dann doesn’t appear to be excessive or improper. Under Ohio law, charitable trusts are 501(c)3 tax-exempt organizations or 501(c)4 charitable health care organizations. Charter schools in Ohio, termed “community schools,” are 501(c)3 organizations. So if Dann has oversight power for all other 501(c)3 or 501(c)4 organizations, why not for charter schools too? Unless state law specifically exempts charter schools in any way, this should be relatively simple issue to decide.