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YOUNGSTOWN Lawsuit over charter school returns to county



Published: Thu, January 10, 2002 @ 12:00 a.m.



COLUMBUS -- A state judge returned to Mahoning County a lawsuit challenging the legitimacy of the contract of a Youngstown charter school.

Judge Fred L. Shoemaker of the Ohio Court of Claims remanded the suit Wednesday back to the Mahoning County Common Pleas Court.

The suit was filed by the Youngstown City School District against the Legacy Academy for Leaders and the Arts and other defendants.

Attorneys for Legacy had petitioned the court of claims to move the case.

"The removal petition did not justify removal," Judge Shoemaker said.

Also named as defendants were the Lucas County Educational Service Center, the state board of education and the state department of education.

Accusation: The Youngstown school system filed the suit late last year in Mahoning County Common Pleas Court, alleging that the Lucas County Educational Service Center shouldn't have the authority to approve charter schools outside Lucas County in northwest Ohio.

State funds dried up in the wake of the Youngstown district's legal challenge, school officials have said.

The charter school had filed countersuit, alleging the state is improperly withholding state funds. The school's counterclaim had sought full state funding.

Charter schools are privately operated, publicly funded schools that do not charge tuition.




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