CINCINNATI (CN) – Two Ohio community schools may not invoke 14th Amendment protection in their clash with traditional school districts over disputed enrollment lists that stripped the charter schools of some of their state funding, the 6th Circuit ruled.
The ruling holds that the Greater Heights Academy and W.C. Cupe Community School are considered “political subdivisions” that cannot sue the state for alleged due-process violations.
The state denied some funding to the charter schools after regular school districts reviewed the plaintiffs’ enrollment lists and “flagged” certain students whom the districts believed were not actually attending the community schools.
The plaintiffs never received funding for those students and were not given the chance to contest the flagged-student list before the state denied funding.
The appellate court concluded that it’s up to the state to resolve the school feud: “Ohio has not relinquished the power to create, govern or even destroy community schools.” As subdivisions of the state, community schools are not entitled to 14th Amendment protection, the court concluded.