William Phillis: Privately operated, publicly funded charter schools are beyond the reach of the Ohio Constitution

From: ohioeanda@sbcglobal.net

Sent: Monday, December 12, 2005 4:51 PM

Subject: Privately operated, publicly funded charter schools are beyond the reach of the Ohio Constitution

To: Superintendents, Principals, Treasurers and other interested persons

From: William L. Phillis

Re: Privately operated, publicly funded charter schools are beyond the reach of the Ohio Constitution

Date: December 12, 2005

Visit our website at www.ohiocoalition.org and download the

Educate Ohio petition and instructions

Subsequent to the adoption of the revised Ohio Constitution in 1851, which included the responsibility of the legislature to secure a thorough and efficient system of common schools, the General Assembly enacted the Law of 1853 “to provide for the reorganization, supervision and maintenance of common schools”. The Law of 1853 established the framework for a statewide system under public control. However, the transformation to a statewide system was slow in developing.

During the Constitutional Convention of 1874, education matters were hotly debated. During that convention, no one doubted the need for a system of education to maintain a republican form of government. However, some delegates wanted to limit the expansion of the common schools but the proposal to limit the growth of the common schools failed.

During the Constitutional Convention of 1912, a provision for centralized authority over the system was adopted. This provision, Article VI, section 3, established definitely that the state had complete control over the education system and that no district of the state could withdraw from it. This provision maintains local districts and boards of education for the delivery of educational programs and services.

On November 29 the Ohio Supreme Court held oral argument on the constitutionality of publicly funded, privately operated charter schools. Today, The Columbus Dispatch, in an editorial, sent the message to the Supreme Court that it should not declare the charter school legislation unconstitutional. The Dispatch opines that the Court “should beware of making the DeRolph mistake again.” By that, The Dispatch means that the legislature should be allowed to do anything it wishes without any judicial interference. (The Dispatch, however, doesn’t hesitate to seek judicial help in getting records from public entities, including schools).

The state has struggled and made progress through the years in slowly (ever so slowly) moving toward establishing a statewide thorough and efficient system of common schools. In the late 1990s, however, a few politically powerful persons convinced a few powerful state officials that the system should be fractured so as to allow privately operated, publicly funded charters to operate. This egregious departure from the constitutional mold has distracted the state from the ongoing effort to improve the one common school system mandated by the 1851 constitutional provision for a thorough and efficient system of common schools. The Ohio Supreme Court should rule privately operated, publicly funded charter schools unconstitutional.