Teachers Union Places 1851 on “Enemies” List

1851 Center responds to unearthed Ohio Education Association “Agenda.”

oea1Columbus, OH – The 1851 Center for Constitutional Law today issued the following response to news that Ohio’s largest teachers union, the Ohio Education Association, has named it to its “enemies” list:

Today, the 1851 Center learned that OEA invests its time in identifying its enemies, and that deliberating on how to “deal” with them.

The Agenda for the OEA 2014 Collective Bargaining Conference outlines its “Critical Issues Sessions.”

What the OEA “considers critical” is identifying and destroying its “enemies.” Session H of the OEA’s annual meeting was entitled “Exposing Our Enemies: Anti-Union and Anti-Public Education Forces.” There, the OEA explains, “Participants will learn the scope and main goals of key local and national anti-union and anti-public education groups pushing the corporate school reform agenda. Participants will explore key major opposition and corporate reform players, including the Koch brothers, Students First, ALEC, Tea Party Patriots, the 1851 Center for Constitutional Law, and the Ohio School Board Leadership Council. Participants will learn how to identify . . . enemies and key players in their own communities. . . “

Equally disturbing, the other “critical” sessions were largely devoted to how these government employees could obtain less accountability and more public funds for themselves at taxpayer expense: Collective Bargaining, Negotiations, Compensation, Teacher Rights and Working Conditions, Bargaining Teacher Evaluations, and ensuring the rights of lesbian, gay, transgender, and bisexual employees.

Not one of these sessions concern how to become a better teacher. That apparently is not considered “critical.”

These are the people who have captured the power to educate Ohioans’ children and intercept Ohioans’ funds. And this is, literally, their agenda.

They did not share this agenda willingly. But we will share ours.

We support defending constitutional rights and limiting government. As to education, this simply means the following:

 

  • Freedom of educational choice for Ohio parents and children.

 

  • Fiscal restraint and responsibility, rather than persistently resorting to increasing property and income taxes to fund public school districts.

 

  • Freedom for Ohioans who are or wish to become teachers to decide for themselves whether to pay a labor union.

 

  • Transparent ballot language and no use of public resources to pass levies.

 

Are these principles “anti-union” or “anti-education”? You decide.

But if supporting freedom of choice, educational opportunity, limited taxation, and fiscal responsibility makes us an enemy of the Ohio Education Association, then we proudly stand as an enemy of the Ohio Education Association; and we are honored to appear on this list. Perhaps dissimilar from the OEA, our allegiance is to the betterment of Ohioans and their children; not to the union self-interest that consistently operates to their detriment.

The 1851 Center maintains that Ohioans would be better served with public servants who spend more time concerning themselves with educating Ohioans’ children, and less time attempting to plot political victories and milk already-struggling Ohio taxpayers.

But this won’t happen under our current set of rules; and so it’s time for those rules to change.

We remain committed to protecting you and your family from these people.

 

Review the OEA’s entire agenda HERE.

February 24, 2014: 610 WTVN: Maurice Thompson’s radio interview with Joel Riley [AUDIO]

High Court Rebukes Attack on Cincinnati Charter Schools

CPS Deed Restrictions Against Charter and Private Schools Illegal, Cincinnati Charter Schools to Remain Open

Columbus – Cincinnati Public Schools’ (CPS) policy of prohibiting the sale of unused available public school buildings to charter schools and private schools is unlawful and must end, today ruled the Supreme Court of Ohio. This decision rebuffs CPS efforts to shut down numerous successful charters schools in Cincinnati, and is a considerable victory for charter and private school operators throughout the state.

1851 Center for Constitutional Law represented Theodore Roosevelt Community School, a Cincinnati charter school CPS had sued to shut down. Theodore Roosevelt School had purchased an unused school building located in the Fairmount neighborhood, where all CPS schools are in academic emergency, and 80 percent of families are of minority status, and live in poverty. The school opened in August of 2010, and currently serves nearly 300 students and employs 45 staff members.

CPS attempted to enforce a deed restriction prohibiting the use of school buildings previously owned by CPS for use by a charter or private school. The 1851 Center asserted such restrictions are void by Ohio’s public policy in favor of school choice, and cheat taxpayers of sales revenue from the buildings.

The Court’s decision, authored by Justice Lanzinger, acknowledged held “. . . the inclusion of a deed restriction preventing the use of property for school purposes in the contract for sale of an unused school building is unenforceable as against public policy.” The Court added, “[t]he restriction, on its face, prevents the free use of property for education purposes . . . Furthermore, the restriction is not neutral; it seeks to thwart competition by providing that the restriction applies to all buyers except CPS itself.”

“The Court’s decision upholds a landmark ruling in favor of school choice in Ohio, and against adversarial school districts who attempt to block alternative schools’ right to exist,” said 1851 Center Executive Director Maurice Thompson.

“Deed restrictions like the one struck down in this case were devised simply to stop new charter and private schools from opening in Cincinnati, so that CPS could retain students and protect its state funds. In its brief, CPS compares itself to a ‘gas station’ or ‘hotel’ that has a right to use hardball tactics against its competition. It seems to have forgotten that it’s a public school that exists to educate children, rather than amass revenue.”

The Court’s decision suggested promise for the 1851 Center’s overarching approach of using the doctrine “public policy” — the requirement that contract terms are subject to the public interest — to nullify government contract terms that attack school choice and reward special interests. While the Court acknowledged that the doctrine is narrow, it affirms 1851’s position that special scrutiny should apply to government contracts: “in this case, however, involving a contract between a private party and a political subdivision, there is a compelling reason to support application of the doctrine [of public policy].”

This additional ruling exposing CPS to the loss of millions of dollars in funding from the Ohio School Facilities Commission (OSFC), which requires that school districts follow all state rules related to charter schools. The fate of this funding is still in dispute, in a second case brought by the 1851 Center and the Ohio Coalition for Quality Education, still pending before Judge Ruehlman.


June 6, 2012: Cincinnati.com: Ohio court: CPS unfair to charters


All briefs in the case can be viewed here.

Oral Arguments from the case can be viewed here.

Defending School Choice

Cincinnati Public Schools’ have a policy of prohibiting the sale of unused available public school buildings to charter schools and private schools. Here, the 1851 Center argues to the Ohio Supreme Court that this policy is unlawful and must end.

Cincinnati Public Schools v. Conners

 

 

 

 

 

 

 

 

 

 

 

Cincinnati Public Schools has a policy of prohibiting the use of vacant public school buildings by charter schools and private schools.

Historical Overview

Theodore Roosevelt School, in Cincinnati, had purchased an unused school building located in the Fairmount neighborhood, where all CPS schools are in academic emergency status and 80 percent of families are minorities and live in poverty. The school opened in August, 2010, serving 210 students and employing 45 staff members.

 CPS sued Dr. Conners, the operator of Theodore Roosevelt, attempting to enforce a deed restriction and shut down the school. The 1851 Center asserted such a restriction is void by Ohio’s public policy in favor of school choice and cheats taxpayers of sales revenue from the buildings.

 Both the Hamilton County Court of Common Pleas and Appellate Court ruled in favor of Dr. Conners, affirming the following: CPS’s deed restriction is void due to Ohio’s public policy in favor of transferring taxpayer-owned school buildings to community schools; statewide public policy favors effectuating parental choice and educational opportunity through community schools; and Theodore Roosevelt is entitled to retain possession of the school and continue its operation.

 “Our expectation is that the Supreme Court will decide to uphold a landmark ruling in favor of school choice in Ohio, and against adversarial school districts who attempt to block alternative schools’ right to exist,” said 1851 Center Executive Director Maurice Thompson. “Deed restrictions like the one struck down in this case were devised simply to stop new charter schools from opening in Cincinnati, so that CPS could retain students and protect its state funds. In its brief, CPS compares itself to a ‘gas station’ or ‘hotel’ that has a right to use hardball tactics against its competition. It seems to have forgotten that it’s a public school that exists to educate children, rather than to amass revenue.”

Partners in Action

Joining the 1851 Center in defending school choice, as amicus parties, are the Ohio Alliance for Public Charter Schools, the Black Alliance for Educational Opportunities, School Choice Ohio, the Ohio Coalition for Quality Education, and the National Alliance for Public Charter Schools. Joining Cincinnati Public Schools is the controversial government-funded lobbying organization The Ohio School Boards Association.

Timeline

February 7, 2011: Ohio Supreme Court hears Oral Arguments in Conners

 

The Ohio Supreme Court heard oral arguments in Cincinnati Public Schools v. Conners at 9:30a.m. on February 7, 2011. 

September 24, 2011: Ohio Supreme Court Will Review CPS v. Conners

The Ohio Supreme Court has granted certorari and will review this case. This will likely be the final resolution of the case.

March 11, 2011: Court of Appeals: CPS Deed Restrictions Against Charter and Private Schools Illegal 

Cincinnati Public Schools’ (CPS) policy of prohibiting the sale of unused available public school buildings to charter schools and private schools is unlawful and must end, today ruled the Court of Appeals for the First District Court of Appeals, Hamilton County.  This decision further rebuffs CPS efforts to shut down Theodore Roosevelt Community School and others, and is a victory for charter and private school operators throughout the state.

CPS appealed after a victory by the 1851 Center for Constitutional Law on behalf of Theodore Roosevelt Community School, a Cincinnati charter school CPS had sued to shut down.  The Court of Appeals decision, authored by Judge Sundermann, states: “We conclude that the trial court properly determined that the facilitation of community schools having access to classroom space was clear Ohio public policy. And the deed restriction that sought to prevent the use of the property for educational purposes was void as against this clear policy.”

The Court further stated:  “[w]e are not persuaded by CPS’s argument that the property was not ‘suitable’ for classroom use.  This argument is belied by the deed restriction itself, which allows the possibility that the restriction would not apply should CPS itself decide to use the property for school purposes in the future.”

This additional ruling exposing CPS to the loss of millions of dollars in funding from the Ohio School Facilities Commission (OSFC), which requires that school districts follow all state rules related to charter schools, including heeding charter schools’ right of first refusal to purchase all property “suitable for use as classroom space,” in order to be eligible for OSFC funding.  The fate of this funding is still in dispute, in a second case brought by the 1851 Center and the Ohio Coalition for Quality Education, pending before Judge Ruehlman in Hamilton County.

The court’s ruling affirms:

  • CPS’s deed restriction is void due to Ohio’s public policy in favor of transferring taxpayer-owned school buildings to community schools;
  • CPS’s deed restriction is void because it is in derogation of a statewide public policy in favor of effectuating parental choice and educational opportunity through community schools;
  • Although the deed restriction is void, Theodore Roosevelt is entitled to retain possession of the school, and continue its operation; and
  • CPS school buildings with such prohibitive deed restrictions are suitable for use as classroom space.

October 14, 2010: Cincinnati Public Schools Continues Charter School Vendetta in Appellate Court 

On October 14, the 1851 Center filed its brief in response to Cincinnati Public Schools’ appeal of a trial court ruling invalidating its efforts to eliminate school choice options in Cincinnati’s poorest communities.

In May, Ohio’s school choice movement won a significant victory when Hamilton County Common Pleas Court Judge Robert P. Ruehlman ruled that Cincinnati Public Schools (CPS) violated state law through its policy of prohibiting the sale of unused available public school buildings to charter and private schools.

The Theodore Roosevelt School opened in August 2010. However, CPS has appealed the case, now before the First Appellate District in Hamilton County. The school building was previously unused, and is located in the Fairmount neighborhood, where all CPS schools are in academic emergency, and 80 percent of families are of minority status and live in poverty.

CPS is attempting to enforce a deed restriction prohibiting the use of school buildings previously owned by CPS for use by a charter or private school. The school district likens itself to a private hotel or gas station that can prohibit “competitors” from acquiring its old buildings. However, those buildings are taxpayer-owned, and being sold at a considerable loss due to the deed restriction.

The 1851 Center countered that such a restriction is void by Ohio’s public policy in favor of school choice, and cheats taxpayers of sales revenue from the buildings. The trial court agreed with the 1851 Center.

“CPS is not a private business or individual: it is a taxpayer supported entity that should not target the state’s program of education, i.e. community schools, as ‘competing,’” the 1851 Center wrote in its filing with the appeals court.

The 1851 Center is joined by the Ohio Alliance for Public Charter Schools (OAPCS), which has filed an amicus brief in the action.

“Securing adequate and affordable facilities remains one of the greatest challenges to Ohio’s charter schools,” OAPCS wrote in its amicus brief. “The Cincinnati Public School District’s attempt here to prevent a public school from operating where a different public school once existed unlawfully exacerbates these facilities challenges and, at the same time, needlessly prevents students from getting a public education at the school of their choice.

July 06, 2010: Cincinnati Public Schools Blocked from Discriminating Against Charter and Private Schools

On July 6, Judge Ruehlman denied CPS’s desperate last-ditch effort to derail Theodore Roosevelt School’s opening by denying CPS’ Motion to Stay. This clears the way for the school to open in August; area families have already enrolled over 200 children. The school will employ approximately 40 people.

A Public Records Request by the 1851 Center reveals that CPS has already paid its hand-picked law firm over $32,000 in Cincinnati taxpayers’ money for the case, at an average rate of approximately $200 per hour, and at times as much as $256 per hour.

This is quite a sum, considering that Dr. Conners only paid $30,000 for the school building and the 1851 Center offered CPS an opportunity to settle beforehand. In addition, the amount also does not include the fees yet to be paid for the pending appeal.

May 28, 2010: Common Pleas Court says Cincinnati Public Schools Violated State Law 

Cincinnati Public Schools’ (CPS) policy of prohibiting the sale of unused available public school buildings to charter schools and private schools violates state law, yesterday ruled Hamilton County Common Pleas Court Judge Robert P. Ruehlman. The judge issued the ruling immediately from the bench.

In his ruling, Judge Ruehlman called CPS’s deed restrictions anti-competitive and acknowledged that CPS was merely attempting to suppress competition from charter and other alternative schools, and thwart school choice for the parents and children of Cincinnati.

The ruling halts CPS’s restrictive practice and opens the district to the loss of hundreds of millions of dollars in funding from the Ohio School Facilities Commission (OSFC). Last week, OSFC member State Rep. Kris Jordan moved to stop state facilities funding to CPS because of its purported violations. Jordan, prompted by the 1851 Center’s legal action against CPS, informed the commission the school district forfeited its statutory right to project funding because of repeated violations of state charter schools provisions. The court’s ruling bolsters Jordan’s assertion. Jordan’s letter to the commission is available here.

The court’s ruling affirms:

  • A contract term that violates public policy is void;
  • A contract term that hinders the purpose of a statute is void;
  • CPS’s deed restriction is void due to Ohio’s public policy in favor of transferring taxpayer-owned school buildings to community schools;
  • CPS’s deed restriction is void because it is in derogation of a statewide public policy in favor of effectuating parental choice and educational opportunity through community schools; and
  • Although the deed restriction is void, the conveyance must remain valid.

June 1, 2010: Cincinnati Enquirer: Judge Sets Charter School Precedent

March 11, 2011: Appellate Court’s ruling

October 14, 2010: OAPCS’s amicus brief

October 14, 2010: Appellate merit brief

March, 2010: Motion for judgment

March, 2010: Response to original complaint

Toledo Planning Commission and Private Schools

In December 2008, the 1851 Center issued a legal notice to the Toledo City Council and the Toledo Planning Commission advising that, if the City passed an ordinance applying “Minimum School Facilities Requirements” to private schools, the 1851 Center would pursue litigation. The requirements would have unconstitutionally restricted the growth, facilities, and curricula of existing Toledo private and charter schools. As a result, the City Council and the Planning Commission dropped efforts to pass the ordinance.

Toledo Charter Schools- Letter to Plan Commission