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Monday, September 29, 2008
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.
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Dayton Daily News education reporter Scott Elliott writes about schools, kids, teaching and learning.