Laws Shed Some Light On Education Choices

(Originally published in The Business Journal)

School choice and the concept of taxpayer funds being directed to non-public schools has become a huge political issue at all levels of the government. 

But the application of public funds and the reasonable regulation of education by the state really comes down to the applicable law, since the governmental authorities, boards and officials involved have only the authority established under state and Federal constitutions and by our elected legislative bodies.

Under Ohio’s current statutes, “school choice” involves two alternatives to conventional public schools: private non-chartered schools and chartered community schools.

Private Schools

Private, non-chartered schools often are religious and sectarian institutions. They generally do not receive taxpayer funds for their operating costs, but they may receive public funding for various programs and amenities. 

Along with such public funds can come limits on the school’s operations and programs, in order to meet constitutional religious establishment prohibitions.

School voucher programs, implemented on a limited basis in Ohio, as well as other states, can appear to represent a significant exception. Vouchers consist of state money, generally funded through state income taxes, designated for education. Voucher recipients can use those monies toward tuition at qualified private schools. 

Private schools receive no local property or income tax proceeds, and operate generally from tuition and private contributions.  Private schools can offer a range of educational opportunities from full high school diplomas (if the school meets the applicable Ohio Department of Education requirements), to little more than a certificate of attendance. 

Not all private schools are required to meet governmental testing and accountability standards. But they must meet certain state safety and reporting regulations.

Community Schools

Chartered (community) schools are chartered by the State of Ohio and do get public funding, though they can be operated by non-publicly elected school boards.

The term “community schools” developed in Ohio with statutory changes providing for separate, chartered community schools by existing public schools and other educational institutions.

Others, including community groups, can still develop community schools (called “startups”), though the number has been limited. Such a school must be governed by a non-profit or public benefit corporation, which must have a contract with a separate sponsoring organization, which itself is to be a non-profit. The continued existence of a community school can be dependent on the school’s reflecting at least minimal improvements in student performance.

Community schools receive the same sorts of state per-student funding as public schools.  They may not issue property or income tax levies, and they may not charge tuition. 

Community schools are non-sectarian, and are subject to many, but not all of the same performance criteria and accountability requirements as public schools.  They are prohibited from discriminating as to acceptance of students, though grade levels and numbers of students can be limited, and a community school can focus on a specific educational theme or type of student.

Community school teachers are under the same licensing requirements as public schools, and they have rights to organize for collective bargaining.  They are not by statute entitled to the same protections, processes and continuing contracts as public school teachers.

Laws that provide for more school choices do not mean the alternatives are easy to understand and evaluate, or that they are necessarily better than conventional schools. 

Parents considering options should first carefully investigate by reading information, including performance data, available from the Ohio Department of Education. They can also attend school board meetings, attend school functions and observe classrooms, interview administrators and staff, inquire as to the school’s financial stability, and talk to parents who have experience with the institution.

Wenger can be reached at awenger@hhmlaw.com or at (330) 744-1111.