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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
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.

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 Judge Ends School Desegregation Order at Trump Administration's Request
The decision ends decades of federal oversight to ensure schools' compliance with the order to desegregate.
Patrick Wall, The Times-Picayune | The New Orleans Advocate
4 min read
Louisiana Attorney General Liz Murrill speaks during a press conference on Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill teamed up with the Trump administration to ask a judge to end a decades-old desegregation order under which the state's DeSoto Parish Schools were under federal oversight.
Louisiana Attorney General Liz Murrill speaks during a press conference on Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill teamed up with the Trump administration to ask a judge to end a decades-old desegregation order under which the state's DeSoto Parish Schools were under federal oversight.
Hilary Scheinuk/The Advocate via AP
Law & Courts Appeals Court Blocks Ruling Bolstering Parental Rights Over Gender Identity
A federal appeals court blocked a groundbreaking ruling over the disclosure of students' gender identities.
4 min read
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender. But many districts in California follow a state policy limiting when schools can inform parents about a student's gender identity without the student's consent.
Anjali Sharif-Paul/The Orange County Register via AP
Law & Courts Appeals Court Halts Ruling Letting Teachers Disclose Students' Gender Identity
A federal appeals court has temporarily paused enforcement of the ruling but has not yet decided whether to grant a longer-term stay.
Kristen Taketa, The San Diego Union-Tribune
3 min read
Students carrying pride and transgender flags leave Great Oak High School in Temecula, Calif., on Sept. 22, 2023, after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Students carrying pride and transgender flags leave Great Oak High School in Temecula, Calif., on Sept. 22, 2023, after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Anjali Sharif-Paul/The Orange County Register via AP
Law & Courts Schools Can’t Bar Teachers From Telling Parents If Kids Are Transgender, Judge Rules
The injunction bans any public school employee from misleading parents about their child’s gender presentation at school.
Kristen Taketa, The San Diego Union-Tribune
5 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just ruled against the district.
Charlie Neuman for The San Diego Union-Tribune/TNS