William Phillis, a former deputy state commissioner of education in Ohio, has devoted his retirement to fighting against the privatization of the state’s public schools. He reports here on the GOP’s latest gambit:

HB33 strips the State Board of Education of its primary powers and duties, contrary to Article VI section 4 of the Ohio Constitution.

The transfer of the State Board of Education functions is unconstitutional. Additionally, the 135th General Assembly and Governor violated the single purpose clause (One-Subject) provision of the Ohio Constitution. Article II section 15(D) states, “No bill shall contain more than one subject, which shall be clearly stated in its title.” HB33 is a budget bill. The transfer of the primary duties of the State Board of Education to the Governor’s office is a policy matter unrelated to finance. This matter should immediately be challenged in Court.

If the “transfer” would be enacted as a separate bill (it was HB12 before being injected into HB33), it could be successfully challenged in Court. In 1953, the people of Ohio passed a constitutional amendment that transferred the Department of Education from the Governor’s office to the State Board of Education.

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William L. Phillis | Ohio Coalition for Equity & Adequacy of School Funding | 614.228.6540 |ohioeanda@sbcglobal.net| http://ohiocoalition.org