DAYTON — A lawyer for a local charter school told a judge Friday that Ohio's attorney general has no legal authority to close schools.

In a court filing 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 a lawsuit 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 the court to close the school, arguing school officials 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.

"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," attorney Chad Readler wrote. "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 argued New Choices has not failed to fulfill its purpose as a charitable trust. The school, he said, offers an alternative educational choice to students who have struggled in traditional schools.

Dann has sued three Dayton area schools — New Choices, Colin Powell Leadership Academy and Moraine Community School — asking courts to close them because of consistently low academic performance.

Contact this reporter at (937) 225-2485 or selliott@DaytonDailyNews.com.