COLUMBUS (AP) — The giant online charter school locked in a legal fight with Ohio officials over millions of dollars has received initial approval to be designated a dropout prevention school.

Cleveland.com reports the Ohio Department of Education approved the change for the Electronic Classroom of Tomorrow on Monday, pending an audit to confirm that most of the school’s students are between ages 16 and 21. The school offers kindergarten through high school classes, but says about 53 percent of its students meet the age requirement and would be considered at-risk, qualifying it for dropout prevention status.

Dropout recovery schools get a more lenient state report than traditional schools.

The school is currently fighting an order to refund $60 million to the education department for lax attendance.

Information from: cleveland.com, http://www.cleveland.com