Tag: DeRolph v. State of Ohio

  • Local Ohio public school leaders tell lawmakers that full funding is critical for their districts

    Local Ohio public school leaders tell lawmakers that full funding is critical for their districts

    (Stock photo from Getty Images)

    By:  Ohio Capital Journal

    Local public school leaders from all around the state filled the Ohio House Education Committee’s hearing room on Tuesday to explain to lawmakers how full state funding is critical to their districts.

    Christopher Edison, superintendent of Pymatuning Valley Local School District, described the pride in the district’s diversity and resilience. At the Northeast Ohio district, 76% of the students are considered economically disadvantaged and there’s been an increase in the need for specialized services. Edison also highlighted the successes in academic achievement, career and workforce readiness, and mental health supports at the district.

    “However, the sustainability of these programs is increasingly at risk due to rising operational costs,” Edison told the committee in Tuesday testimony. “Inflation has significantly increased expenses for essential resources such as transportation, instructional materials, and staffing.”

    Without an increase in base funding, Pymatuning’s ability to “maintain and expand these successful initiatives is severely threatened,” Edison said.

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    Hits have already come to districts because of inflation and increasing costs not reflected in the funding model that looks to see its final funding phase-in this year, if the legislature includes it in the operating budget set to be passed by July 1.

    Montgomery County’s Northmont City Schools — a district with rural, suburban, and urban areas — has seen state funding cuts and defeats of school levies that resulted in the need to cut more than 40 district positions in May 2023, and the closure of one of their elementary schools, according to Superintendent Tony Thomas.

    “I understand that members of the General Assembly passed a budget two years ago that increased funding across the state, and we are thankful,” Thomas told the education committee. “But unfortunately for Northmont, those dollars are not reaching our school buildings and we are doing more with less.”

    It’s stories like these that the Fair School Funding Plan workgroup, which was created along with the state’s public school funding model, is hoping will flood both the education and finance committees, along with the offices of state legislators, to inform them about the importance of proper public school funding in Ohio.

    “It’s our responsibility to ensure that every member of the Ohio legislature and the General Assembly be made fully aware of these facts, their implications, and the legislative decisions that led to these circumstances as they contemplate this important budget,” said Mike Hanlon, Jr., superintendent of Chardon Local Schools, and Fair School Funding Plan workgroup member.

    The workgroup met recently, along with more than 600 other education community members, to discuss upcoming legislative meetings about the budget, what the governor’s proposal would mean for districts, and how to engage with lawmakers.

    “In my visits to Columbus … one message was very clear with the legislators that we met with: ‘We need to hear from constituents on the issue of school funding,’” Hanlon said.

    Members of the workgroup said they’ve heard another message from the lawmakers: resources are limited in the budget.

    In the governor’s executive proposal, the Fair School Funding Plan’s final phase-in was included, but inputs that would account for inflation costs at districts were not, something the governor’s office has “remained silent” on in all budgets that included the public school funding plan, workgroup members said.

    “First and foremost, this is not our ideal proposal from the governor,” said Jared Bunting, CFO and treasurer of the Athens City School District. “However, this is in line with what the governor has done in the past and we’re thankful that the governor has included the Fair School Funding Plan in his budget, even though it falls woefully short of our expectations.”

    In the governor’s budget for the next two years, the budget would decrease funding for traditional public schools by 0.9%, according to a workgroup analysis. Community and STEM schools will receive an 11.3% increase in the governor’s proposal, while joint vocational school districts receive a 14.1% increase. Voucher programs including the EdChoice private school program would see a 15.8% increase.

    “So 90% of the students in the state are seeing a reduction in funding,” Bunting said, referring to the enrollment numbers in the state, which show the vast majority of students attend traditional public schools.

    Alternately, last year, the state funded private school voucher scholarships with nearly $1 billion in one year, according to the Ohio Department of Education and Workforce.

     Source: Ohio Fair School Funding Plan Workgroup

    School administrators on the workgroup noted that the funding simulations used in the governor’s budget proposal show an intention to “continue to update capacity each year without any input updates.”

    Without inputs to account for rising costs and inflation, the state not only won’t meet the workgroup’s ideal of a 50% state share of education costs, but will drop below the share of funding before 1995, when the Ohio Supreme Court first ruled in DeRolph v. State of Ohio that the state’s education funding violated the state constitution, falling short of the “thorough and efficient” system of schools directed in the founding document.

    With talk of addressing property taxes in Ohio, something that school funding has relied on for decades, workgroup members said updating cost inputs could help with that issue as well.

    “When we talk about property tax relief, we would like to argue that … updating all inputs consistently is a form of property tax relief to our community members,” said Jenni Logan, treasurer for the Sycamore Community Schools.

    Now, as the budget process continues, educators, and administrators not only plan to push for proper education supports in committees considering the budget document, but also want to get district stories to all legislators, including newly elected GA members, who haven’t had a front-row seat to the public school funding model fight.

    Those who are new to school funding are also faced with “competing interests in other areas that are not related to school funding,” according to Hanlon. He said legislators who talked to him said they “haven’t heard from anyone” on school funding.

    “As a result, it’s very likely that they need to hear from us, and from someone that they trust and are confident in, that will provide them with the necessary facts to shape their understanding of school funding,” Hanlon said.

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    Susan Tebben
    Susan Tebben

    Susan Tebben is an award-winning journalist with a decade of experience covering Ohio news, including courts and crime, Appalachian social issues, government, education, diversity and culture. She has worked for The Newark Advocate, The Glasgow (KY) Daily Times, The Athens Messenger, and WOUB Public Media. She has also had work featured on National Public Radio.

    Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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  • Public school funding set for court battle in 2023

    Public school funding set for court battle in 2023

    BY: SUSAN TEBBEN – Ohio Capital Journal

    While the trial of former Ohio House speaker Larry Householder will hold the attention of many this year, the battle over public school funding will also be subject to court drama.

    Public school districts, some individual students in public schools, and the Ohio Coalition for Equity and Adequacy of School Funding, spent the last year fighting to keep a lawsuit on the books in Franklin County Common Pleas Court. That lawsuit aims a direct hit at Ohio’s EdChoice private school voucher program, which plaintiffs say takes away needed funding from the public schools attended by a vast majority of Ohio students.

    The private school voucher system goes against the Ohio Constitution’s demand for a “thorough and efficient system of common schools throughout the state,” the schools and their advocates say.

    Late in 2022, Franklin County Common Pleas Judge Jaiza Page denied attempts by the Ohio Department of Education, the state Board of Education, and a group of “Catholic school family intervenors” and other individuals, hoping to quash the lawsuit.

    “Plaintiffs have adequately pleaded that the difference in funding levels has resulted in students in the public-school districts being denied adequate facilities and learning supports,” Page wrote in denying the private school advocates’ request to end the case.

    The ODE and the state board argued the public school group didn’t have standing to sue, but Page rejected that argument as well, saying the problem in the case is “unique to students within the districts and is not experienced by the general public,” and could be rectified by the state.

    EdChoice, first implemented in 2005, has been a point of contention for the state legislature and public/private school advocates across the state for decades, since the first time the Ohio Supreme Court deemed the state’s education funding system unconstitutional.

    That case, DeRolph v. State of Ohio, was ruled on multiple times by the state’s highest court, but the rulings were the same: the state’s public school funding system doesn’t meet the requirements of the state constitution.

    While both the public school advocates who filed the suit and private school supporters who discredit the case use DeRolph to argue their sides, Page found the private school supporters’ interpretation that a court does not have the authority to establish per pupil funding without merit.

    “This ignores the fact that the DeRolph court held that the level of funding was unconstitutional and was a violation of the ‘thorough and efficient system’ clause,” Page wrote.

    In all the decisions, the General Assembly was ordered to come up with a new system of education funding. Ohioans have yet to see a plan come to full fruition.

    Another former House speaker, Bob Cupp, worked with fellow legislator John Patterson to put together an education plan that would later be called the Fair School Funding Plan. But the plan requires a six-year phase-in, something legislative leadership wasn’t willing to do when the budget came up in the last General Assembly.

    “For the 2023 school year, only 33% of the Fair School Funding Plan will be funded,” Page wrote in her most recent decision in the case.

    Public school students in the districts represented in the case are funded at $340, $1,700 and $2,800 per pupil, based on their grade level, in core funding from the Ohio Department of Education.

    Currently, the vouchers allow students who choose to attend private schools instead of their public school district to receive $5,500 for kindergarten through eighth grades and $7,500 for high schoolers.

    The program has seen expansions over the years, and with the passage of House Bill 110 in 2021, private school vouchers were directly funded through the state, rather than filtered through adjacent public school districts.

    A new expansion was proposed last month, though it didn’t make it through the end of the General Assembly, and will have to be reintroduced. That could be possible in the new year with a bolstered GOP supermajority full of “school choice” advocates.

    With a new budget cycle upcoming, public school advocates are hopeful more funding for the plan may be ahead, though Senate President Matt Huffman has said one priority on the topic of education for this General Assembly will be an overhaul of the entire education system in the state.

    That overhaul could include a restructuring of the Ohio Department of Education and a changing of roles for the state Board of Education, which could add a layer of fog to the state’s educational future and delay funding changes as the potentially brand new department finds its footing.

    The 134th General Assembly saw the legislation in the waning hours of their term, but the legislation ultimately fell short as amendments and the 2,000-page volume of the bill tripped up its success.

    Meanwhile, the department and the other state education leaders named in the lawsuit have until Jan. 20 to file responses in the case.

  • Subject of ’91 education funding lawsuit sees hope in new formula in state budget

    Subject of ’91 education funding lawsuit sees hope in new formula in state budget

    By Susan Tebben and Ohio Capital Journal

    In 1991, Sheridan High School freshman Nathan DeRolph thought Ohio’s education funding formula would change before he entered college.

    He and his parents had filed a lawsuit against the state that would eventually make it to the Ohio Supreme Court, fighting against the overreliance on property taxes built into public school funding.

    “I kind of naively, I think, thought by the time I’m a senior in high school, this will all be wrapped up and hopefully there will be a new funding plan in place, and generations after me won’t have to deal with the same challenges,” DeRolph said.

    Three decades later, he just watched his daughter graduate from high school, under the same funding system his family fought against, through multiple supreme court decisions.

    The Ohio legislature still has not overhauled the system, as ordered by the state’s high court decisions.

    “Over 30 years, that’s 3 million kids that have been through a broken system, and we can’t afford to have another 30 years of the same broken system,” DeRolph said.

    He and his father, Dale, told a virtual forum hosted by the League of Women Voter’s and the Children’s Defense Fund Ohio that they see hope in the new push to include a funding formula overhaul in the latest biennial budget.

    The overhaul being considered for the new budget was already set up after years of work by now-Speaker Bob Cupp and former state Rep. John Patterson.

    The overhaul, which started this year as a separate piece of legislation carried over from the last General Assembly, would lessen the weight of property taxes on the funding formula, basing 40% of the formula’s funding on the income levels of the district.

    In the previous budget, the present school formula only took on a small part of district funding, as 82% of Ohio’s districts weren’t a part of the formula found to be unconstitutional.

    “What that means is districts were either not getting enough money that the formula says they should have gotten, or they’re getting more money than the formula says they should receive,” said Tom Hosler, superintendent of Perrysburg Schools, and a member of a workgroup that has spent years searching for a solution to the education system.

    Hosler said the $6,020 per student that is the current base cost — the most basic amount it takes to educate a child — is a result of “patchworking” and “fixing things on the fly” rather than a comprehensive dissection of Ohio districts.

    “Why $6,020? We don’t know,” Hosler said. “We don’t know how it got there and we…have no idea how those dollars are to be spent or allocated, or how they came to us. It’s just the number.”

    The need for a new funding model also comes from continually increasing education costs, and the inability for the current education model in the state to keep up, according to Steve Dyer, director of government relations for the Ohio Education Association.

    That includes the ratio of local to state share of education within the funding model.

    “2020 was the highest local share of education costs we’ve had since 1985,” Dyer said during the forum.

    Comparing the amount of non-human services budget being allocated for primary and secondary education, data cited by Dyer showed the state is committing 6% less than was distributed in 1975.

    When it comes to privatization of education, or the inclusion of private schools and charter schools in the public school funding via the EdChoice voucher program, Dyer said districts get about $1.6 billion less than they did before the voucher programs were paid for through district budgets.

    That $1.6 billion matches up with the increase in property taxes the state has seen since 2003, when the Ohio Supreme Court issued its final ruling on the DeRolph.

    “It’s not rocket science,” Dyer said. “If the state isn’t picking it up, local taxpayers are, or our kids are suffering with fewer resources or fewer opportunities.”

    The state budget is currently being considered by the Ohio Senate, and a final version is due by July.

  • School funding bill to get new look under new speaker

    School funding bill to get new look under new speaker

    A school funding bill originally sponsored by new Ohio House Speaker Bob Cupp is getting a fresh look and hopefully time in front of legislative committees before year’s end, according the legislator now heading up the bill.

    The other original sponsor of the proposed legislation, state Rep. John Patterson, said a substitute bill is in the works that should touch on longstanding concerns the Ohio Supreme Court had about the constitutionality of the state’s education system.

    “We’re taking a more balanced approach in the new bill,” Patterson, D-Jefferson, said.

    The state’s contribution to education budgets has stagnated over time, while private schools have benefitted from the EdChoice scholarship program, in which some state funding for public school districts has been redirected to religious, charter and community schools.

    EdChoice scholarships were frozen at current levels in an omnibus bill responding to the COVID-19 pandemic.

    State Rep. John Patterson, D-Jefferson.

    Patterson said a substitute version of House Bill 305 seeks to address “overarching criticisms” of the original bill, and the education system itself. One of the major criticisms is the distribution of money in the school funding formula between school districts with varying financial situations.

    “Under the current formula, districts are all interconnected, so as one district becomes wealthier, another becomes poorer,” Patterson told the Ohio Capital Journal.

    So, in the new plan co-sponsored this time by Rep. Gary Scherer, R-Circleville, the legislators want to reassess the amount that districts are able to raise on their own before they decide what the amount of state aid would be to schools.

    The proposed bill would also take the weight solely off of property taxes for school funding, something the 1997 decision by the Ohio Supreme Court in DeRolph v. State of Ohio ruled was a big reason the education system violated the state constitution.

    The new plan will combine property and income taxes along with a calculation of a district’s wealth level to “determine a district’s true capacity to raise its fair share,” according to Patterson.

    “The question is what is fair for the locals, and what is fair for the state,” Patterson said. “We have fine-tuned for that.”

    Ohio House Speaker Bob Cupp (Ohio House Photo)

    Disadvantaged students would receive more immediate help than in previous funding models if the new bill is made law. In the original proposal for the bill, aid would have been phased in over time for school districts, but legislators are now looking to channel that aid to districts immediately. 

    Patterson planned to meet with interested parties — teachers’ unions, public school officials and community school representatives on Tuesday to discuss the plan. One of those parties is the Ohio Federation of Teachers, who said school funding needs a direction that accounts for social and emotional learning as well as test proficiency.

    “We’re hopeful that (the sponsors) are moving in the right direction,” said OFT executive director Melissa Cropper. “No school funding formula will be perfect, but having no school funding formula has been a disaster.”

    In the next month, simulations of financial situations will be run to test the effectiveness of the bill as it stands, and Patterson hopes the bill will be ready when the Ohio House returns to regular session in September.

    After anticipated amendments and passage of the bill, Patterson said implementation of the new formula could take years.

    With EdChoice pitting private schools and public schools against each other for funding in the state model, Patterson said concerns were brought from both sides, and his bill plans to address private school issues as well.

    “What I’ll say is we have heard their criticism and have addressed their concerns in the substitute bill,” Patterson. “I think they’re going to be pleased.”

    The changes made to the bill Cupp once authored have the blessing of the new speaker, according to Patterson. 

    “Speaker Cupp understands the absolute necessity of passing House Bill 305 in this General Assembly,” Patterson said.

    Neither Cupp nor Scherer responded to requests for comment.


    Susan Tebben

    Susan Tebben is an award-winning journalist with a decade of experience covering Ohio news, including courts and crime, Appalachian social issues, government, education, diversity and culture. She has worked for The Newark Advocate, The Glasgow Daily Times, The Athens Messenger, and WOUB Public Media. She has also had work featured on National Public Radio.