ECOT Appeals to OH Supreme Court after Trial Court, Appeals Court and OH Dept. of Ed. Reject Excuses

The serialized saga of the years-long theft of tax dollars by Ohio’s Electronic Classroom of Tomorrow (ECOT) has been exciting. It seems, however, that the story may be ending. And while Ohio’s out-of-control charter sector rip-off will continue, in the specific story of ECOT, at least, it appears there is hope that the good will win out.

All the signs point to a fall for the notorious Bill Lager, the founder of ECOT and the guy whose private management and curriculum companies have amassed a profit of $200 million over the years. Although it seems the end is near, the state and a lot of local school districts are still owed $60 million in funds over-paid to ECOT for the 2015-2016 school year alone. And the Columbus Dispatch reports that the Ohio Department of Education has not released results of a new attendance audit for the 2016-2017 school year. Assuming the state can claw back what ECOT owes, the remaining question is whether local school districts will be able to recoup what they have paid, or whether the state will keep the money.

Here is a plot summary, according to the editorial board of the Akron Beacon Journal: “So far, a Franklin County trial court, the Education Department, a separate hearing officer and now the appeals court have rejected the ECOT case. Next, the school heads to the Ohio Supreme Court, where it has already asked the justices to block the state from retrieving that $60 million.” “ECOT argues that state law requires the school to provide the mere opportunity for a minimum 920 hours of learning per year. The appeals court found the obligation is much greater. It reminded that though enrollment is key, student participation drives the level of public money the school receives. Thus, education officials rightly requested log-on and log-off data showing when students engaged in learning online. If the state failed for years to enforce the necessary standard, that doesn’t mean it must hold to a neglectful course.”

In mid-June, the Ohio State Board of Education voted almost unanimously to require ECOT to re-pay the state $60 million dollars the school had charged the state for the phantom students it said were enrolled but whose participation could never be documented. The State Board voted to accept the ruling of a hearing officer from the Ohio Department of education, who is reported by the Columbus Dispatch to have declared that no school’s intent is to “teach to what could be the equivalent of an empty classroom.”

Then on June 29, after the appeals court ruled against ECOT’s claim that the state has been treating the school unfairly, ECOT filed an immediate appeal to the Ohio Supreme Court. Here is the Columbus Dispatch: “The appeal filed Thursday questions whether a state ‘by bureaucratic fiat, may take unilateral action that has the effect of destroying an entire system of schools of last resort for thousands of Ohio students—a system expressly established by the General Assembly.'”  Alan Johnson, the Dispatch reporter, reminds readers, however: “So far, the charter school giant has not won any legal challenges filed against a state hearing officer, the State Board of Education, and courts at two different levels.”

As this saga winds down, ECOT has kept up the pressure. In mid-June, Bill Seitz introduced a bill into the Ohio House to allow ECOT to delay payment of the money it owes, if its appeal to block the repayment fails.  The Akron Beacon Journal Editorial Board explains: “William Lager has been generous to Republicans at the Statehouse. The founder of the Electronic Classroom of Tomorrow has routed hundreds of thousands of dollars to their political coffers. That is the backdrop for an expedient bill proposed last week after the giant online charter school suffered a deserved setback at the State Board of Education. The legislation, sponsored by state Rep. Bill Seitz, would permit ECOT to delay repaying the state $60 million for students whose attendance the school could not verify. The school would be required to post a 10 percent bond.  Seitz told the Columbus Dispatch he just wants to ensure due process for the school.” Seitz’s bill was never enacted, however, and it does not appear that it was secretly sneaked into the state budget, as many feared.

Finally ECOT made a couple of pleas for pity. First ECOT threatened to lay off 350 employees, a quarter of its staff if the state Supreme Court finds against the school. Its lobbyist has continued to threaten that the school will have to close and ruin the future of its students, should the state succeed.

Then right at the end of June, the school began running a TV ad in Columbus, which ECOT admitted was paid for with tax dollars. The Dispatch describes the ad, which is narrated by Lionel Morales, a 2017 ECOT graduate: “The Ohio Department of Education wants to end school choice and stop parents from deciding what’s best for their children. That’s why I and the over 36,000 students and alumni of ECOT are hoping our elected leaders fix what’s broken and save our school… Sadly, the Ohio Department of Education says many of us don’t count.”   The Dispatch article describing the ad explains: “The end of the ad is signed ‘Ohio’s children.'”

The egregious expenditure of Ohio tax dollars to run an ad that castigates the Ohio Department of Education finally motivated Ohio’s state auditor, Dave Yost, to step in.  The Dispatch reports: “Yost, who has been an ECOT supporter, spoke Thursday morning with Attorney General Mike DeWine and senior staff about going to court to stop the school from continuing a blitz of television ads paid for with taxpayer money. The ads have attacked the Department of Education and tried to put pressure on lawmakers. Yost, who sent ECOT a cease-and-desist order… said that if ECOT were allowed to continue the ads, it would signal to other state agencies that they could use taxpayer dollars on political campaigns. ‘This is a very dangerous precedent—where money can be taken by force from taxpayers to tell the legislature what to do,’ Yost said.”