Law & Courts

Ohio Supreme Court Narrowly Upholds State Charter Law

By Erik W. Robelen — October 30, 2006 2 min read
  • Save to favorites
  • Print

In a 4-3 ruling handed down last week, the Ohio Supreme Court upheld the constitutionality of the state’s charter school law.

The law authorizing charter schools, called “community schools” in Ohio, was challenged by a coalition that was led by teachers’ unions and included school boards, parents, and others. With 305 charters serving some 72,000 students, Ohio has more of the independent but publicly funded schools than every state except Arizona, California, and Florida.

The plaintiffs sought a declaration that the state charter law and the method of financing charter schools violated the state constitution. But the court rejected those claims in Ohio Congress of Parents and Teachers v. State Board of Education, which was filed in 2001.

Charter students and their families “can rest more easily tonight, knowing that their schools won’t be shut down tomorrow,” said Stephen P. Carney, a state solicitor who represented Ohio in the case.

“The decision also, I think, reaffirms that education policy is best set by the legislature, not the courts,” added Chad A. Readler, a lawyer who represented charter schools that were defendants in the case.

Courts in several other states—including California, Michigan, New Jersey, and Utah—have rebuffed legal challenges to charters, Mr. Readler said.

The high court held oral arguments in the case in November of last year.

Tom Mooney, the president of the Ohio Federation of Teachers, one of the plaintiff organizations, criticized the ruling. “They seem to be almost abandoning the idea of a system of common schools,” he said.

Mr. Mooney said his union doesn’t oppose charter schools as such, but rather the design of Ohio’s law.

“We never argued that you can’t have charters, only that you’ve got to have them in a way that the public doesn’t lose control over its tax dollars and standards of education,” he said.

Charter advocates say the schools are subject to the same state standards as regular public schools, and if anything, face greater accountability. Still, advocates acknowledge serious shortcomings in the quality of many Ohio charters.

Three Dissents Issued

Writing for the majority in the Oct. 25 ruling, Justice Judith Ann Lanzinger rejected all the plaintiffs’ constitutional arguments.

“In enacting community school legislation, the General Assembly added to the traditional school system by providing for statewide schools that have more flexibility in their operation,” she wrote.

“Community schools were designed to give parents a choice and give educators ‘the opportunity to establish limited experimental educational programs in a deregulated setting,’ ” she added, quoting the state law, first passed in 1997 and later amended.

In one of three dissents, Justice Alice Robie Resnick argued that the charter law violates Ohio’s constitution “because it produces a hodgepodge of uncommon schools financed by the state.”

The law, she said, creates a “schismatic educational program under which an assemblage of divergent and deregulated privately owned and managed community schools competes against public schools for public funds.”

The court did not rule on certain nonconstitutional questions. For one, the plaintiffs claim that particular schools are operating in violation of state law. Teachers’ unions have been especially critical of having for-profit companies run some schools.

Mr. Mooney said no decisions had been made about continued legal action at the lower-court level. “This ruling makes it clear that we have to redouble our efforts to persuade the legislature to … overhaul this program,” he said.

Related Tags:

A version of this article appeared in the November 01, 2006 edition of Education Week as Ohio Supreme Court Narrowly Upholds State Charter Law

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Climb: A New Framework for Career Readiness in the Age of AI
Discover practical strategies to redefine career readiness in K–12 and move beyond credentials to develop true capability and character.
Content provided by Pearson

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Supreme Court Seems Poised to Reject Trump's Birthright Order
Trump’s attendance in the birthright citizenship case marked the first time a sitting president has done this.
6 min read
President Donald Trump leaves the Supreme Court, on April 1, 2026, in Washington.
President Donald Trump leaves the Supreme Court on April 1, 2026, in Washington. The justices signaled skepticism of Trump’s bid to restrict birthright citizenship.
Anthony Peltier/AP
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit