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Closed Charter School Required to Pay State of Ohio $60 Million in Inflated Enrollment Figures

In the case Electronic Classroom of Tomorrow v. Ohio State Board of Edn., Slip Opinion No. 2021-Ohio-3445, the Ohio Supreme Court held that a closed online charter school was not able to challenge an order to repay $60 million dollars based on inflated enrollment figures.

Here, the Electronic Classroom of Tomorrow fought against the repayment of $60 million dollars after the online school closed in 2018. The Ohio State Board of Education argued that the school was required to pay the inflated enrollment figures because the school had enrolled students on its roster who were not participating at the school, thereby improperly increasing the school’s enrollment rates.

The Ohio Supreme Court found that while charter schools may appeal decisions to the Ohio State Board of Education for review, the Board’s decision are not entitled to further appeal because the R.C. 3314.08 provides that such decisions made by the Board are “final”. The Court reasoned that the word “final” as used by R.C. 3314.08 is used in its ordinary sense, indicating that such a decision by the Ohio State Board of Education cannot be appealed.

To read this article, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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