A judge ruled Friday that an embattled Avondale charter school must notify parents the school is not authorized to operate by the Ohio Department of Education and its students are not receiving credit.

        The school, formerly located in Mount Auburn, must also stop using what remains of $588,000 in funds advanced to the school by the state for operations in July and August, but the judge said the school can remain open for now.

        The Ohio Attorney General's office had asked Hamilton County Common Pleas Court Judge John Andrew West to issue a temporary restraining order, halting operations of the school, formerly called Sabis International School. The state contends the school, now called Learning Opportunities International, was never given approval to operate.

        The state said the school, which opened Sept. 30, did not submit proof of background checks for teachers, a certificate of occupancy for a building and other required documents. The school has changed locations at least twice this school year, operating at one point out of a YMCA in the West End.

        “The state had every ability to go to the location (for the documents),” said James R. Greene III, attorney for the school board. “You heard (Board President Tracey) Lowe testify they never requested the location. They never wanted to know the location.”

        He also said the state never requested the information about background checks. Mr. Greene pointed out that Ms. Lowe testified that information has been provided.

        The state said it's the board's responsibility to supply the necessary documents.

        “I have issued orders I think that are going to protect the students,” Judge West said. “It's up to their families as to whether or not they want to withdraw.”

        The judge ordered state officials to visit the school, at 3595 Washington Ave., within 14 days to determine whether it meets the criteria to remain open. A preliminary injunction hearing is set for Nov. 1.

        The school's enrollment has declined from more than 600 a year ago, when it was operated by a for-profit management company, to about 45. The school board last year fired the company, Cincinnati Education Management, LLC, an affiliate of Minnesota-based Sabis Educational Systems Inc.

        That left the school to design a new curriculum, hire new staff and find a new building because the building was owned by an affiliate of the management company that had provided the curriculum and hired staff.

        Ms. Lowe said the school has a new curriculum, which was forwarded to the state, as well as a new location, textbooks, furniture and teachers with completed background checks.

        Attorneys for the state would not comment on the judge's ruling, nor would representatives for the charter school.

        E-mail jmrozowski@enquirer.com

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