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Two charter schools that operate in the Cleveland and Columbus school districts lost an attempt Friday to revive a federal lawsuit against Ohio education officials over a cut in state funding.
The 6th U.S. Circuit Court of Appeals ruled that charter schools are political subdivisions that cannot sue the state of which they are part under the U.S. Constitution.
Circuit Judge Damon Keith, writing for the unanimous three-judge appellate panel, pointed out that Ohio law establishes community schools as political subdivisions, and the Ohio Supreme Court recognized them as such in a 2006 opinion.
"After considering Ohio's statutory and case law, as well as the substantive control that Ohio exerts on its community schools, it is apparent that community schools are political subdivisions of the state," Judge Keith said.
He said Ohio created charter schools to give parents a choice, and to let educators create experimental programs in a deregulated setting.
"In conducting this experiment, however, Ohio has not relinquished its power to create, govern or even destroy community schools," Judge Keith said.
The 6th Circuit Courts Ruling (pdf)
Gongwer News Service Ohio (sub req)
