An embattled Cincinnati charter school defied state education officials for a second day Tuesday by operating secretly at the West End YMCA — and vowed to continue the fight to remain open.

        The Ohio Department of Education (ODE) responded by contacting the attorney general's office, insistent the academy — formerly known as Sabis International School — has not met requirements to open this school year.

        The Education Department set Monday as the deadline for general-population community schools to open. But conflicts with the Mount Auburn site where Sabis had been located for two years left the new school without a home and, ultimately, state support.

        The school's original contract with the state expires in 2005.

        But in a letter dated Monday, ODE expressed willingness to assist the school in opening next school year. But money remains an issue.

        “In the interim, please arrange for the immediate return of the $588,253.51 in state funds provided by the Department of Education in July and August in anticipation of the school's 2002-03 operations,” Steve Burigana, executive director of ODE's Office of Community Schools, said in the letter.

        The school maintains that the money rightfully belongs to it.

        About 40 students attended school at the West End Y, Charles Wallner, a representative of the school's board,

        said Tuesday.

        About 20 attended school there Monday. Mr. Wallner said the school could see as many as 60 students today.

        Most of the school's original 650 students have transferred.

        “They (state officials) were saying we didn't have books, supplies, teachers, curriculum. All of that was not true,” said James R. Greene III, attorney for the school's board. “The school never closed.

        “We anticipate it will be in federal court later this week,” Mr. Greene said.

        J.C. Benton, spokesman for the Education Department, responded: “We're consulting with the attorney general's office. We're absolutely confident they did not meet the requirements.”

        E-mail toneill@enquirer.com

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