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Education


Supreme Court rules public schools cannot restrict charters
Cincinnati school district tried to block opening of a charter school
by WKSU's STATEHOUSE CORRESPONDENT BILL COHEN


Reporter
Bill Cohen
 

Ohio public school districts that sell an unused school building are not allowed to keep a charter school from buying the property and using it for classes.

That’s the ruling from the Ohio Supreme Court. Statehouse correspondent Bill Cohen reports.

Cohen on charter school ruling

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Three years ago the Cincinnati school system auctioned off a vacant school building with a big string attached: the building could not be used as any type of educational facility.

Two people made the winning bid and later set up a charter school in the building. The Cincinnati school district sued, charging the action violated the terms of the sales contract.

But now, the state Supreme Court says that string attached isn’t legal.

By a vote of 6-1, the justices say overriding it is a state law that requires schools to give the right of first refusal to charter schools, or community schools as some now call them. The justices say the deed restriction is “unenforceable because such a restriction is contrary to the public policy of the state in favor of community schools.” 


Listener Comments:

The decision strikes me as being little short of a no-brainer: you cannot attach conditions to a sale which fly in the face of state law. It's a shame that money had to be expended litigating this issue, but the issue has now been decided and the principle established.


Posted by: Harold Fry (Kent, OH) on June 21, 2012 6:06AM
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