Celebs out on Broadway event
2 accidents close I-75 southbound
Glamour's Women of the Year
Dayton Daily News education reporter Scott Elliott writes about schools, kids, teaching and learning.
Home > Blogs > Get on the Bus > Archives > 2008 > May > 30 > Entry
Domineck’s injunction denied again
(Donald Domineck (left) leaves the courtroom after his appeal hearing Thursday.)
Ohio’s Second District Court of Appeals this morning denied Thurgood Marshall High School parent Donald Domineck’s motion for an injunction to stop graduation Saturday unless students who did not pass the Ohio Graduation Test are included.
The court’s decision hailed Domineck’s “concern as a parent” but found “no basis in his argument to enjoin the Dayton school board from prohibiting students who have not passed the Ohio Graduation Test from marching in their respective schools’ graduation ceremonies.”
The court cited several precedents that the judges said prevent courts from interfering with school board decisions unless the board’s actions constitute an unreasonable abuse of discretion and noted that the court is prohibited from substituting its judgement for the board’s judgement on questions the board is authorized to determine.
Domineck said after Thursday’s hearing that he would seek financial and political support for an appeal to the Ohio Supreme Court if he lost this round, but with DPS graduations happening tonight and Saturday, it’s hard to see how he would have time to file another appeal.
(Image credit: Teesha McClam, DDN)
Permalink | Comments (15) | Post your comment | Categories: Dayton Public Schools
Comments
By Laura
May 31, 2008 12:09 PM | Link to this
Linda: We will say it again. The information IS taught during school. After school sessions are scheduled for those who did not learn it the first 50 times it was presented in class. Perhaps the student was absent, asleep, texting a friend, writing a friend, daydreaming or any number of others things. To say that it isn’t taught in school makes no sense because plenty of students DO pass the tests without attending after school sessions. Instead of blaming the schools, be honest about why your child didn’t pass.By davidss2
May 31, 2008 10:32 AM | Link to this
nmivory: How about a story about where is Mrs. Domineck in pursuing the court case? Where’s the attorney? Who’s pushing him to do this? Himself? A group of friends, who aren’t in the pictures interestingly? A church group? His persona doesn’t speak to a deficiency of understanding that state law gives schools and the state school board lattitude to set rules re testing. What is your take on his motivation and support in pursuing this failed case?By davidss2
May 31, 2008 8:16 AM | Link to this
The OGT knowledge is taught in school. Some students need additional after school work in special programs. If parents don’t like those for some silly reason, they certainly can spend their own money for tutoring or to businesses who try to help students do better in school.By tired teacher
May 31, 2008 8:11 AM | Link to this
To Linda, when do you suggest we add the tutoring to the already packed day of state mandated curriculum? Heck, the subjects I teach are already geared towards the tests. I also have to teach these subjects for a certain amount of time each week. That is on top of teaching children manners, proper behavior, and how to respect others and property that should have been taught at home. I have to ask, how much time did you spend with your daughter preparing her for the OGT?By Davidss2
May 31, 2008 8:10 AM | Link to this
If Josh took the test in 8th grade, he’s not talking about the OGT. He’s confused with the 9th Grade Proficiency tests which were given at the March sitting of the 8th grade year. They were even easier to pass since they required only barely eighth grade knowledge.By linda
May 30, 2008 8:49 PM | Link to this
MY DAUGHTER ALSO COULD NOT PASS THE TEST IN 2000. YES THEY HAVE AFTER SCHOOL PROGRAMS SO YOU CAN PASS BUT IF IT IS MANDATORY TO PASS THEM THEN THEY SHOULD BE TAUGHT IN SCHOOL NOT AFTER.By painfultruth
May 30, 2008 8:43 PM | Link to this
YES! Parents ignore their childrens education, yet when something goes “wrong”, they head right to court. Where was this parent during 4 years of high school? Helping his child learn? Evidently not. This man needs to stop legal wrangling and attempting to create yet another excuse for his failure as a parent. If this gets to the Supreme Court, it’s nothing but a poor joke at best. It’s simple. Pass the test and you graduate. Don’t, and you don’t. What a concept. Oh, except for MY CHILD, as rules don’t apply to ME. This situation STINKS!By tax payer
May 30, 2008 5:11 PM | Link to this
Why do we waste precious resources on foolishness like this? He should have spent his time turoring his daughter 4 years ago instead of trying to ‘bury the bar’ now.By Bizzymom
May 30, 2008 4:27 PM | Link to this
Wow, this dad sure is going through a lot of trouble and expense. Gotta wonder if he put this much effort into his kid’s education during the 4 years he or she was in high school?By Josh
May 30, 2008 2:46 PM | Link to this
The OGT is quite simple. I took it during my 8th or 9th grade year and passed all sections the first time. While I know not all students are on the same level, the state gives you ample attempts (8-9 times) to pass the test. Plus, school districts are required to have programs to help failing students pass. I know my school district made it very clear from day one, you do not pass this test, you do not graduate. I’m not sure what is so difficult to understand here.By Nicole I.
May 30, 2008 2:46 PM | Link to this
davidss2, Can you please elaborate on your comment, “I believe there�s a story here after seeing a picture of the parent”? I don’t understand your point…what story?By Clevo
May 30, 2008 2:25 PM | Link to this
I don’t know what the parents problem is, but he is making this situation worst for the child at this point. I agree with dc. This parent is crippling these students. Nothing is easy in life and this is one of the first lessons of many they will have to face. Hardwork never hurt anyone. Students are not dumb they need less distractions to try harder. Young people should learn not suceeding hands out dire consequences instead of rewarding them for the efford. BSBy arniez
May 30, 2008 1:48 PM | Link to this
Ok, is nobody going to comment on the irony of dc’s spelling of the word “dumming”? (BTW - I do agree with his statement)By davidss2
May 30, 2008 1:21 PM | Link to this
Mr. Domineck does not seem to own property in Montgomery County while he’s wasting property owner tax money using the courts. A search of real estate owners lists three Dominecks and none are Donald. There has to a be a story for Scott Elliott as to why the child cannot pass the test on one try out of the maximum 8 or 9 opportunities. If the test is unfairly low in score one time the probabilities are it’s high by the same amount another time. Even blind squirrels find a nut once in a while. Perhaps he can make public the child’s results for each time they took the tests? I believe there’s a story here after seeing a picture of the parent. BTW, where is Mrs. Domineck?By dc
May 30, 2008 12:11 PM | Link to this
Thank goodness the court used common sense. We have done enough dumming down in our educational system already. If you can’t pass the truly simple OGT, then you shouldn’t graduate. My 17 year old says that he could have passed it in the fifth grade.