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Charters win first round vs. Marc Dann
Remember last year when then-attorney general Mark Dann began filing lawsuits to try to force low scoring charter schools to close? Well, the attorney general’s office is still pressing those initial lawsuits and on Monday a Montgomery County Common Pleas Court judge’s ruling dealt a stiff blow to the state’s argument for shutting charter schools down.
You may recall that Dann’s legal argument, which apparently was suggested by the Ohio Education Association, was that the schools had failed to serve their purposes as charitable trusts under Ohio law but failing to educate kids.
But in a ruling today in the case of Dayton’s New Choices Community School, Judge Michael Tucker ruled that New Choices does not meet the definition of a charitable trust and therefore the attorney general’s office does not have jurisdiction to close the school.
This is a pretty interesting legal debate and it could get interesting if the state appeals the decision. Don’t be surprised if this question eventually ends up before the Ohio Supreme Court.
I should have more information shortly.
UPDATE: Here is Columbus Bureau reporter Laura Bischoff’s story on this.
Permalink | Comments (10) | Post your comment | Categories: Charter Schools and School Choice

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By School Supporter
October 10, 2008 7:57 AM | Link to this
Scott writes, “Don’t be surprised if this question eventually ends up before the Ohio Supreme Court.” Don’t be surprised if the State drops this at their first available opportunity to avoid paying defendant’s legal fees.
By School Supporter
October 7, 2008 2:43 PM | Link to this
OldProf wrote, “OEA, by law, is prohibited from using its funds for anything other than due pursuit of its obligation to promote the professional interests of its members” Is this hurting economic development? Compare: “In OECD policy, the relationship between teachers and their trade unions suggests that far from losing control over their professional development, unions do have the interests of the profession in mind. The roles of unions are endorsed as long as their activities meet the agenda of the school and the sum of the teachers within it. The type of union activity approved in OECD policy is tied to the imperative of quality teaching and teacher training.”
By TRS
October 2, 2008 5:43 PM | Link to this
The particular Charter school in question here is predomanently African-American and works with kids who the Dayton School System has given up on. Perhaps thats a reason. Within a couple weeks of the Dann lawsuit, they received a commendation certificate from the State of Ohio! Because kids aren’t monolythic they do not need a monolythic school system. Government schools are in many cases proving what occurs with most government run institutions. They are bureaucratic, cumbersome and lack the creativity needed to educate a new generation with new challenges. It is intrinsic to the system that it cannot function well and that is why charters and other such schools are necessary.
By School Supporter
October 2, 2008 4:50 PM | Link to this
Pray tell, OldProf, how many of your faculty peers are as incapable as you to discern between “logic” and “psychic powers?” The AG’s lawsuits are politically motivated harassment. If the International Convention for the Elimination of All Forms of Racial Discrimination were at issue in the lawsuits, that fact would be clear from the AG’s complaints filed in Montgomery County Pleas Court. Have you read the complaint? Can you find the state’s compliance policy? Are your psychic powers on the wane? Does anyone in Ohio oath-sworn to enforce the law listen to you? Your ignorant pronouncements are only making a difficult job more difficult. Please stop hurting America.
By Oldprof
October 1, 2008 9:49 PM | Link to this
School supporter; are you incapable of following logic? Charter schools advance racism. Susan Bodary, education liason to Taft, noted that parents choose charter schools NOT for educational quality, but for “other reasons”—not explicated, but clear to anyone with half a nose, is the strong whiff of parents wanting their kids to avoid meeting students of other races or religions. I personally know of several white students who enrolled in the online charter school because their schools were predominantly african-american. I think you need to rely less on your hoity-toity documents and declarations and get your ear on the ground where the racism is happening most egregiously—in the under-performing, wasteful charters.
By School Supporter
October 1, 2008 1:46 AM | Link to this
Well, OldProf, you’ve nicely established the need for charter schools—since the state is obligated by the International Convention for the Elimination of All Forms of Racial Discrimination and the teachers’ union (by your account) is indifferent to the enforcement of that treaty. The folks best able to enforce that treaty are leaving the state, now that OEA-endorsed officeholders have signaled their indifference to the rule of law.
By Oldprof
September 30, 2008 6:36 PM | Link to this
Sorry, School Supporter, but (a) Ohio’s K-12 quality policy is just so much words on paper from people who don’t do the basics of their jobs right in the first place (b) So the AG’s office is obligated to enforce both of those—are you suggesting it hasn’t? Does that accusation go all the way back to Montgomery and before? (c) The OEA, by law, is prohibited from using its funds for anything other than due pursuit of its obligation to promote the professional interests of its members—something that the AG is NOT required to do. Got anything relevant to offer?
By School Supporter
September 30, 2008 8:33 AM | Link to this
I’d be interested in what the OEA-endorsed candidates think the AG should do. After all, the OEA Fund for Children and Public Education tells us these candidates care about children. In reality, the endorsees probably can’t find Ohio’s K-12 quality policy or the education provisions of the International Convention for the Elimination of All Forms of Racial Discrimination. (Both of which the AG’s office is obliged to help enforce.) Ohio’s teachers should be aware that money contribute to improve conditions for children is not used by union leadership to promote human rights for children.
By Oldprof
September 30, 2008 8:21 AM | Link to this
This, of course, involves thousands of taxpayer dollars for attorneys, legal briefs, court filing fees, etc. Which MIGHT have gone to classrooms if our state board of education and legislature would do their job and provide, as the constitution mandates, a thorough and efficient system (singular) of education.
By TRS
September 30, 2008 12:27 AM | Link to this
Awesome!