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Marc Dann’s in a tough spot on charter suit

Marc Dann
In today’s paper, I wrote about how a lawsuit against the state could bring Dayton as much as $16 million in much needed cash. Cincinnati sued the state and has won twice on behalf of urban schools, who believe they were cheated out of a combined $50 million by the Ohio Department of Education’s decision to change it charter school enrollment count for funding purposes.
The state potentially has one last chance — an appeal to the Ohio Supreme Court. That’s what the Ohio Board of Education unanimously wants to do — appeal it one more time. That would delay a decision and any possible payments to the school districts for at least another year.
Here’s where things get interesting, though.
Ohio Attorney General Marc Dann serves as the state board’s lawyer. But unlike every other client-attorney relationship, state law gives the lawyer the final call on whether to appeal cases like this to the Supreme Court.
But the politics here are real tricky.
Dann is viewed as anti-charter school because of lawsuits he filed to try to force low perfoming charters to close. He has lots of support from labor unions and has worked closely with teachers unions in the past. Plus, he is allied with Gov. Ted Strickland, a fellow pro-labor Democrat who is not a fan of charter schools.
The big teachers unions will back the urban districts on this. They want those public school systems to get the millions they believe belongs to them. So they may be asking Dann not to move the case forward for another appeal.
But it’s not that easy.
If Dann does not appeal, he’ll have to explain why he is overriding the will of a unanimous state board of education, whom he theoretically works for. His office already is under pressure from an internal sexual harassment scandal. So he probably doesn’t need any other political headaches.
And there is the practical problem for the education department. State board member Carl Wick from Centerville is right that the department does not have $50 million laying around. To pay out now would required deep cuts after the department just cut $100 million from its budget at Strickland’s request.
Dann’s got until May 12 to decide. This should be interesting.
Permalink | Comments (8) | Post your comment | Categories: Charter Schools and School Choice, Dayton Public Schools
Dayton Daily News education reporter Scott Elliott writes about schools, kids, teaching and learning.


Comments
By Sarah
April 25, 2008 8:57 AM | Link to this
It’s a shame the charter schools were created to satisfy political and religious goals and the right controls and student count methods weren’t put on them. They collected money they didn’t deserve for students no longer attending. Now Dann has been villified by the DDN as if he’s a republican because Dann went after the charter schools that weren’t performing and following the law. It’s amazing to watch the obvious goal of the DDN in its continuing articles about Dann’s office staff. They usually minimize democrat failings; instead Dann is being screwed to the wall.By null
April 24, 2008 10:27 AM | Link to this
It seems to me Marc Dann is put in a conflict of interest situation. How can he serve as attorney for the board of education, yet be tasked with enforcing Ohio’s sunshine laws? Few in govt connected with the education system enforce the law - Supt Zelman was sued for not ordering the Parma S.D. to comply with a hearing officer’s ruling.By joe mamma
April 23, 2008 11:00 AM | Link to this
Oldprof, the fuzzy numbers gives them plausible deniability.By Oldprof
April 22, 2008 8:50 AM | Link to this
I’m still waiting for Wick or Haverkos or anyone to address the elephant in the room: the state board of education’s incompetence. Why has the board failed to keep accurate records of student enrollments? Does the board recognize that meeting in an out-of-the-way location limits public access? Why has the board suddenly decided to increase teacher licensure fees by 233%, claiming “administrative costs”—did their office suddenly become only 40% as efficient? Comparing the Ohio Board of Education to other state agencies makes the others look like geniuses and humanitarians.By charterschoolhater
April 21, 2008 9:19 PM | Link to this
Oh wow! Just what Percy Mack needs. Another $16 million he can blow. Now he can hire assistants to assistant administrators. Hunky dorie!! Percy never saw a dollar he didn’t want to spend. Trouble is he spends too much on bad administrators and not enough on children.By null
April 21, 2008 1:58 PM | Link to this
Hey, here is novel idea, why not let the charter schools pay back the state so they would have the money?By Mary
April 21, 2008 1:33 PM | Link to this
Well, these are the types of issues his office should be focussed on as public servants and elected officials instead of hanging on for the spoils and corruption of office, such as trips to the OSU title football game and sexually harrassing young women. I hope his office actually earns their pay on this one, and do the right thing in the public interest.By Dave
April 21, 2008 1:29 PM | Link to this
This may seem like a radical notion, but since the politics of the situation are bad either way, maybe Mr. Dann could just DO THE RIGHT THING! Yes, the state does not have an extra $50 million lying around, but Dayton didn’t have an extra $15 million lying around when the state miscounted students. I don’t recall Carl Wick being too upset when the shoe was on the other foot. Of course, it is not Centerville students and teachers who are paying the price for the state miscounting students, is it?