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A6   U.S. NEWS
                   Thursday 9 augusT 2018

            Court: State can base e-school funding on participation data


            By  KANTELE  FRANKO  and                                                                                            "There's nothing that informs
            JULIE CARR SMYTH                                                                                                    an e-school as to the stan-
             Associated Press                                                                                                   dard  that  must  be  met  to
            COLUMBUS,  Ohio  (AP)  —                                                                                            receive funding, nor, given
            Ohio  had  authority  to  cal-                                                                                      that  the  school  funding  is
            culate a giant online char-                                                                                         to 'follow the child,' is there
            ter  school's  funding  using                                                                                       any answer from ODE as to
            student  participation  data                                                                                        what happens to the state-
            rather  than  only  enroll-                                                                                         mandated  funding  for  an
            ment,  the  state  Supreme                                                                                          e-school  student  who,  for
            Court  ruled  Wednesday  in                                                                                         example,  misses  a  day  of
            the latest blow to the now-                                                                                         school  because  of  illness,"
            dismantled e-school.                                                                                                he said.
            The Electronic Classroom of                                                                                         Democrats  who  have  ar-
            Tomorrow, which had been                                                                                            gued for transparency and
            among the nation's largest                                                                                          accountability at ECOT for
            virtual  schools,  closed  to                                                                                       years  immediately  jumped
            its  roughly  12,000  students                                                                                      on the ruling as a victory.
            in  January  but  remains  of                                                                                       "Senate  Democrats  have
            interest  to  prosecutors  re-                                                                                      been  saying  for  years  that
            viewing  audit  findings  and                                                                                       ECOT  and  other  public-
            politicians raising account-                                                                                        ly  funded  online  charter
            ability  issues  in  a  midterm                                                                                     schools  need  to  be  held
            election year.                                                                                                      accountable,  and  the  Su-
            The Associated Press report-  In this May 9, 2017, file photo, Bill Lager, center in cap, co-founder of Ohio's largest online   preme  Court's  decision  to-
                                         charter school, the Electronic Classroom of Tomorrow or ECOT, speaks to hundreds of supporters
            ed  in  April  allegations  by   during a rally outside the Statehouse in Columbus, Ohio.                           day confirms that we were
            a  former  ECOT  employee                                                                          Associated Press  right,"  said  state  Sen.  Joe
            that the school intentionally                                                                                       Schiavoni,  a  Youngstown-
            inflated  attendance  data   dent learning time to deter-  "We  determine  that  (the  best  for  students  and  tax-  area Democrat.
            in order to draw more state   mine the school owed the  law)  is  unambiguous  and  payers  alike,"  said  Brittany   The  state  had  determined
            money, a claim largely vali-  state  a  $60  million  refund  authorizes  ODE  to  require  Halpin,  the  department's   that  ECOT  should  repay
            dated in state audit findings   from  the  2015-16  school  an  e-school  to  provide  spokeswoman.        "We're   about $60 million in unsub-
            that have been referred to   year. But justices sided with  data  of  the  duration  of  a  pleased the Ohio Supreme   stantiated  funding  from
            criminal investigators.      the  state  in  a  4-2  decision  student's  participation  to  Court agreed with the de-  2015-16  and  $19  million
            ECOT had argued in court     affirming  a  lower  court's  substantiate  that  school's  partment's   interpretation   more  from  the  following
            that  Ohio's  Department  of   ruling,  concluding  the  de-  funding,"  Justice  Patrick  of the law and we remain   year.  The  cash-strapped
            Education  overstepped  its   partment  acted  within  its  Fischer wrote for the major-  committed to ensuring that   school shut down after the
            authority  when  it  used  stu-  authority under Ohio law.  ity.                       all  community  schools  re-  state  started  recouping
                                                                      ECOT attorney Marion Little  ceive  their  correct  fund-  money, which left students
                                                                      said the school was disap-   ing."                        scrambling  for  other  op-
                                                                      pointed  but  would  contin-  The  high  court  conclud-  tions mid-school-year.
                                                                      ue to pursue its administra-  ed  that  when  lawmakers   Noting that many students
                                                                      tive challenges to the Edu-  stated each student could    turned  to  ECOT  because
                                                                      cation Department in lower  receive  no  more  than  10   illnesses,  disabilities,  bully-
                                                                      courts.                      hours  of  credit  per  school   ing or other circumstances
                                                                      "The  two  dissenting  opin-  day, they set up a need for   made  traditional  school
                                                                      ions  extensively  detail  why  documentation of students'   environments   challeng-
                                                                      ECOT  should  have  pre-     activities.                  ing  for  them,  some  of  the
                                                                      vailed  and  why  ECOT,  the  "This  calculation  can  be   students  refused  to  return
                                                                      auditor's office, even ODE,  made  only  by  referring  to   to  brick-and-mortar  public
                                                                      had always applied an en-    records  that  contain  evi-  schools  and  instead  en-
                                                                      rollment  methodology,"  he  dence  of  the  duration  of   rolled at other e-schools or
                                                                      said.                        a  student's  participation   tried homeschooling.
                                                                      The  department  had  ar-    in  learning  opportunities,"   ODE has said thousands of
                                                                      gued that ECOT was inter-    Fischer wrote.               ECOT students switched to
                                                                      preting state law as though  Justices Terrence O'Donnell   other schools.
                                                                      it  could  receive  full  public  and  Sharon  Kennedy  dis-  Some  of  them  expressed
                                                                      funding  for  students  with-  sented,  arguing  their  col-  hope  of  returning  to  ECOT
                                                                      out  providing  documen-     leagues  were  misinterpret-  if  it  could  reopen,  but  the
                                                                      tation  to  prove  they  were  ing  the  10-hour  limit.  They   lengthy  legal  battle  and
                                                                      being  educated.  An  at-    urged  the  Legislature  to   the  auctioning  of  ECOT's
                                                                      torney  representing  the  clarify  the  law.  Justice  Pat   equipment and other prop-
                                                                      department  during  argu-    DeWine, whose father is the   erty and sale of its building
                                                                      ments at the court in Febru-  Republican  nominee  for    seem  to  have  sunk  those
                                                                      ary likened the situation to  governor,  recused  himself   prospects.
                                                                      the  Internal  Revenue  Ser-  in the case.                Ahead of the auction, the
                                                                      vice  accepting  a  person's  Little,  ECOT's  lawyer,  said   state  auditor  took  steps  to
                                                                      expenses at face value for  Wednesday's  ruling  leaves   preserve data from ECOT's
                                                                      years and later asking them  Ohio's  e-schools  without   administrative    comput-
                                                                      for receipts as documenta-   any  specific  standard  or   ers in case a criminal case
                                                                      tion.                        rule to follow in order to re-  arises.q
                                                                      "Ultimately,  this  is  what's  ceive state dollars.
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