Cincinnati City School District Board of Education v. State Board of Education

891 N.E.2d 352, 176 Ohio App. 3d 157, 2008 Ohio 1434
CourtOhio Court of Appeals
DecidedMarch 28, 2008
DocketNo. C-070084.
StatusPublished
Cited by12 cases

This text of 891 N.E.2d 352 (Cincinnati City School District Board of Education v. State Board of Education) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cincinnati City School District Board of Education v. State Board of Education, 891 N.E.2d 352, 176 Ohio App. 3d 157, 2008 Ohio 1434 (Ohio Ct. App. 2008).

Opinion

Hildebrandt, Presiding Judge.

{¶ 1} This is a case about state funding to public school districts, including the community schools within each district, under a system referred to as the “school foundation program.” For public school districts, school-foundation payments are based in part on the number of district resident students attending, among others, traditional schools and community schools during the first full week of October, as reported by the school district. The question before us is whether the trial court properly determined that the Ohio Department of Education (“the ODE”) had utilized the wrong data in calculating the number of students attending community schools in the Cincinnati School District during fiscal year 2005 (“FY 05”) and subsequent years, resulting in reduced funding (transitional aid and-other guarantees) for Cincinnati Public Schools during fiscal years 2006 and 2007 by millions of dollars.

{¶ 2} After reviewing the statutory scheme for school funding, we agree with the trial court. Ohio law mandates that the data to be used to calculate the number of community-school students in each district for purposes of annual school funding is the data submitted by the superintendent of each school district based on the October count of students, not the data reported monthly by the community schools, which is known as the community-school average daily membership (“CSADM”). Accordingly, we affirm the trial court’s entry of summary judgment for plaintiff-appellee Cincinnati City School District Board of Education (“the District”) on its fourth and sixth claims that the defendants had unlawfully reduced the District’s funding guarantees and had used an improper calculation to determine the District’s transitional aid.

*159 {¶ 3} The defendants-appellants are the State of Ohio Board of Education, which is the governing body charged with general supervision of public education in the state, the Superintendent of Public Instruction, Susan Tave Zelman, and the Ohio Department of Education, which is the administrative unit and organization through which the policies, directives, and powers of the State Board of Education are administered. We refer to these Ohio parties collectively as “the ODE.”

I. General Overview — School Funding

{¶ 4} The parties do not dispute the facts. School-foundation funding is determined by a formula described in R.C. Chapter 3317. For school districts, one of the factors in the formula is based on the number of full-time students actually receiving educational services from the school district and the number of students who are entitled to attend school in the district but are receiving educational services from a community school. 1 This number is referred to as the “average daily membership” or the “Formula ADM.” During FY 05, R.C. 3317.03(A) required that each school district calculate and certify to the ODE its Formula ADM. The number of students so certified is based on a single count of students that occurs during the first full week of October (“the October count”). 2

{¶ 5} Although a public school district is statutorily required to include in its Formula ADM the number of students residing in the school district who are attending a community school, that number is not used to determine the amount of funding that is provided to community schools.

{¶ 6} Since the inception of community schools, the ODE has maintained two separate reporting and payment systems for the distribution of school-foundation funds to public school districts and to community schools. School-district funding for the entire year is based upon the number of students identified in the October count or the Formula ADM. Then from those school-district funds, the ODE deducts funds that are paid to community schools within that district based upon the number of community-school students reported by each community school in the monthly CSADM report. These web-based CSADM reports are governed by guidelines and regulations developed by the ODE.

{¶ 7} There is an important distinction between the “snapshot” concept that public schools use to count pupils at one time early in the year and the monthly CSADM report. For school districts, once the Formula ADM has been certified, school-district funding is neither increased nor decreased by the enrollment or withdrawal of pupils after the October count. (The sole exception is the *160 enrollment of a district student in a community school after the October count, when such a student has not been included in the Formula ADM. 3 ) In contrast, funding for community schools is adjusted monthly based on the number of students reported in the CSADM report. Thus, funding may increase or decrease with the enrollment or withdrawal of a pupil in a community school. So, unlike public schools, community schools are paid for students upon enrollment, but public schools must absorb new students without commensurate additional funding.

II. Substituting Data Leads to Lawsuit

{¶ 8} Prior to FY 05, the ODE had used the Formula ADM to calculate school-foundation funding for public school districts. But during FY 05 the ODE noted disparities between the number of community-school students the District had reported in its October count and the number reported by community schools through CSADM — the numbers reported by CSADM were smaller. Thus, although the District had certified its Formula ADM to the ODE and the ODE had distributed funds based on that number, the ODE decided to adjust the Formula ADM for FY 05 by using the CSADM numbers for calculating that portion of the Formula ADM based on the number of District residents attending community schools. Although the ODE admits that the District advanced “legitimate bases for disputing the accuracy of the CSADM,” the ODE believed that the CSADM data was more accurate and chose to recalculate the FY 05 funding using that data.

{¶ 9} This had a significant impact on the District. The ODE had reduced the Formula ADM certified by the District by 542.92 full-time equivalent students. This resulted in the ODE seeking to recoup funds from the District in the amount of $2,444,170 for FY 05 and reduced the District’s transitional-aid payments by approximately $2,281,740 in FY 2006 and by a similar amount in FY 2007. (Transitional aid for FY 2006 and FY 2007, a separate funding stream that supplements basic state funding, is based on the amount of basic state funding received during FY 2005, which in turn was partially based on the number of community school students.)

{¶ 10} Ultimately, the District sued the ODE after settlement negotiations had failed, seeking a declaratory judgment regarding how the calculation for community-school students reported in the Formula ADM was to be made and an injunction preventing the ODE from reducing funding. Because there were no facts in dispute, both parties moved for summary judgment. The trial court rejected the District’s contractual, promissory-estoppel, and constitutional claims, but entered summary judgment for the District on its statutory claims.

*161 III. Assignment of Error

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Bluebook (online)
891 N.E.2d 352, 176 Ohio App. 3d 157, 2008 Ohio 1434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-city-school-district-board-of-education-v-state-board-of-ohioctapp-2008.