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StumbleuponCharter school advocates win big against Marc Dann
Monday, September 29, 2008
COLUMBUS — Charter school advocates won a big victory when Montgomery County Common Pleas Court Judge Michael Tucker dismissed a lawsuit brought by former Attorney General Marc Dann that tried to shut down a poorly performing school in Dayton.
Dann had argued that the attorney general had oversight of the charter schools through the state's charitable trust laws. But Tucker ruled that the charter schools are political subdivisions of the state, not charitable trusts.
"We applaud Judge Tucker's ruling and have always maintained that Ohio law does not permit the Ohio attorney general to close schools," said Catherine West, spokeswoman for the Ohio Alliance for Public Charter Schools. The state now has provisions for closing under performing charter schools.
"An appeal is a distinct possibility. The legal team is meeting tomorrow afternoon to discuss this possibility," said Jim Gravelle, spokesman for Attorney General Nancy Rogers. Rogers, who was appointed after Dann resigned, had decided to move forward with the charter school lawsuits.
A year ago, Dann filed suit against four charter schools. One of the four schools closed, so two of those cases are pending — one in Hamilton County and one in Montgomery County.
Ohio passed legislation in 1997 creating charter schools, which are publicly funded but privately operated. Ohio has about 335 charter schools serving 80,000 students. New Choices, 601 S. Keowee St., has 230 students and serves seventh through twelfth grades.
Contact this reporter at (614) 224-1624 or lbischoff@DaytonDailyNews.com.
