Tuesday, September 30, 2008
The Columbus Dispatch reports that a Montgomery County judge rejected the State's attempt to close a poorly-performing charter school using the state's charitable trust laws. The judge concluded, as a matter of law, that the school was a political subdivision of the state of Ohio and not a charitable trust. The Attorney General had argued that the school, as a nonprofit, could be sued for not carrying out its charitable purpose. The school is supported is tax funded and privately operated, and the legislature and the Department of Education oversee the school.