Dann sues to close 2 charters

Attorney general: Schools have failed to live up to their obligations to educate children.

"These two institutions are not meeting their fiduciary responsibilities under Ohio's charitable trust laws," Jennings said. "They are not achieving their charitable purpose. They are not educating kids and they need to be held accountable." Leo Jennings, a spokesman for Marc Dann

By Scott Elliott
Staff Writer
Dayton Daily News, Thursday, September 13, 2007

DAYTON — Ohio Attorney General Marc Dann filed suit Wednesday seeking to force the two city charter schools to close, arguing that they have failed to live up to their obligations to educate children.

The schools are Colin Powell Leadership Academy, 834 Randolph St., and New Choices Community School, 601 S. Keowee St.

The two complaints were filed in Montgomery County Common Pleas Court. More low performing charter schools could face similar action, said Leo Jennings, a spokesman for Dann.

The move was hailed by teachers unions as an overdue step toward accountability. They have long been critics of charter schools but assailed by supporters of the charter movement as a declaration of war on charters.

Dann's lawsuits target the schools' status as "charitable trusts" under state law. He argues that by operating schools that produce consistently poor academic results, the trusts are not living up to the law's requirements.

"These two institutions are not meeting their fiduciary responsibilities under Ohio's charitable trust laws," Jennings said. "They are not achieving their charitable purpose. They are not educating kids and they need to be held accountable."

Ron Adler, president of the Ohio Coalition for a Quality Education, said the move was an attempt to circumvent state law.

Ohio has just implemented new rules that will close charter schools rated in the lowest state category for three straight years.

"I'm not opposed to closing schools, but you have to do it orderly and you have to follow the law," he said. "It seems like they're trying to expand the powers of their office."

Ohio House Speaker Jon Husted, R-Kettering, said charter schools have tougher accountability than regular public schools.

"A neighborhood public school has no threat of being shut down under current law, but we will shut down these schools at the end of the year if they don't improve under our law," he said.

Contact this reporter at (937) 225-2485 or selliott@DaytonDailyNews.com.