Bill would let ECOT delay repayment
New legislation allowing the Electronic Classroom of Tomorrow to delay repaying the state until its appeals are exhausted, so long as the school posts bond, was introduced Wednesday in the House.
On Monday, the Ohio Board of Education ordered ECOT, the state’s largest charter school, to repay the state $60 million for students whose attendance could not be verified. The Department of Education and school will attempt to work out an agreement on how that money will be deducted from future payments to the school.
Meanwhile, ECOT still has a lawsuit pending, arguing the Department of Education took illegal action when it began requiring the school to justify its enrollment via log-in durations and off-line documentation. The Franklin County Court of Appeals is expected to rule in the next few weeks, and then the case is likely headed to the Ohio Supreme Court.
Separately, ECOT is trying to stave off Monday’s ruling in a Franlin County Common Pleas Court suit claiming the state school board violated the Ohio Open Meetings Law, thus nullifying its action.
House Bill 277 would allow ECOT to delay implementation of the Board of Education’s ruling, and block any collection of funds, until the school’s appeals are exhausted. It would require the school to post a 10 percent bond — $6 million in this case.
Rep. Bill Seitz, R-Cincinnati, a member of House leadership and sponsor of the bill, said that under current law, political subdivisions, including ECOT, do not have to post bond to get a stay of a judgment against them.
“This bill imposes more onerous conditions on them than current law would provide.”
There have been whispers around the Statehouse that ECOT was seeking to get a similar amendment put into the new two-year budget. The school had unsuccessfully sought a court injunction forcing the state to back off from collection.
Asked who requested the bill, Seitz said, “Nobody requested this. I’ve been following this for some time. I pass no judgment on the merits of the question, but I do think they’re entitled to due process.”
The bill is already facing pushback from Democrats who say that, rather than having to rely on a judge to determine if enforcement of the Board of Education’s ruling should be delayed, the bill would make it automatic, so long as ECOT puts up $6 million.
“After wasting taxpayer dollars on lobbyists and lawyers, ECOT has reached the end of the road,” said Sen. Joe Schiavoni, D-Boardman. “It’s time for them to pay up, and any legislation that would aid ECOT’s desperate attempts to avoid paying what they owe should be considered dead on arrival.”
Meanwhile, a new coalition of school districts and state education associations, calling itself Real Choice Ohio, has formed in an effort to help traditional schools retain students in their home districts.
“Uncertainty over ECOT’s future means each of us must be well prepared to welcome former ECOT students home to our public schools,” Walter Davis, superintendent of Woodridge Local Schools near Akron and president of Real Choice Ohio, wrote in a recent letter to school administrators and board members.