After a five year battle, the high court ruled today to uphold Ohio's Community School law defining charter schools as public schools, consistent with the charter laws of other states. (Ohio's statute refers to charters as "community schools"). The ruling in the case of State of Ohio, Ohio Congress of Parent and Teachers v. the State of Ohio Board of Education is a landmark victory for the 70,000-plus students benefiting from the 300 community schools in the Buckeye State.
"No matter how you slice it, charter schools are public schools," said Perry White, founder of Cleveland-based Citizens Academy and Chair of the Steering Committee for the Ohio Alliance for Public Charter Schools.
"In Washington, D.C. and all 40 states with charter laws, individual charter schools are explicitly defined as public--without exception. That fact has been upheld in every court decision, in every state where opponents have tried to prove otherwise," said Nelson Smith, president of the National Alliance for Public Charter Schools. "Today's decision from the Ohio Supreme Court reaffirms that charter schools represent a powerful tool to help meet Ohio's obligation to ensure its parents and students have a high-quality and high-performing option within its public school system."
Contrary to the appellants' arguments, the Court found that:
- Ohio's charter schools are held to the same accountability and assessment system as their traditional district school counterparts--schools must administer the same graduation tests, are subject to federal accountability requirements, and are held accountable for academic performance by their sponsors.
- Charter schools do not take funding away from traditional school districts, as many districts and charter opponents have charged.
- The General Assembly does have the power to create schools, like community schools, that operate independently of the local school district.
"The decision reaffirms that educational policy is best set by the legislature, not the courts," said Chad Readler, an attorney with Jones Day who served as lead counsel for the charter school program.
"It vindicates the legislature's authority to create an independent charter school program in Ohio, but also clears the constitutional decks for the quality improvements that this program now craves," added Chester E. Finn, Jr., president of the Thomas B. Fordham Foundation.
"All schools, traditional and community schools alike can now return their focus to what they do best: education not litigation," said Readler.