Court: AG can’t shut charter schools

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By Laura A. Bischoff, Staff Writer 10:32 PM Tuesday, September 8, 2009

COLUMBUS — Former Attorney General Marc Dann tried to close four poorly performing charter schools by arguing that he had oversight of the schools through the state’s charitable trust laws.

But now, two years later, the attorney general’s office is 0-4 with court rulings in the cases.

The 2nd District Court of Appeals ruled Friday, Sept. 4, that New Choices Community School in Dayton is not a charitable trust. This affirmed a ruling last year by Montgomery County Common Pleas Judge Michael Tucker. Two other lower court judges also ruled against Dann, according to Catherine West of the Ohio Alliance for Public Charter Schools.

The appeals court said oversight of community schools is assigned to the school sponsors, the Ohio Department of Education and the state auditor. Two of the four schools are closed while New Choices and Miami Valley Academies remain open.

Ted Hart, spokesman for Attorney General Richard Cordray, said the attorney general is reviewing whether to appeal the ruling to the Ohio Supreme Court.

“We hope this is the end of it. It makes it hard for the school to concentrate on its mission to educate kids,” West said.

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.

Contact this reporter at (614)224-1624  or lbischoff@DaytonDailyNews.com.

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