In Ohio, the Governor and Legislature didn’t like the fact that they didn’t control the State Board of Education. The State Board consists of 19 members, 11 elected, and 8 appointed by the Governor. The Republican leadership saw no value in having elected members. So they passed a budget that stripped the board of most of its powers and assigned them to a new Department of Education and the Workforce controlled by the Governor and focused on career and technical education.

Bill Phillis of the Ohio Coalition for Equity and Adequacy described Governor Mike DeWine’s refusal to comply with a temporary restraining order halting his takeover.

The Governor seems to have a problem understanding the purpose of the Temporary Restraining Order (TRO) issued to prevent him from implementing the transfer of State Board of Education functions to his office.

Franklin County Common Pleas Judge Karen Held Phipps, on September 21, issued a TRO to halt action on transferring State Board of Education functions to the Governor’s office. (Via HB33, the transfer was set for October 3.)

On October 2, the Governor, notwithstanding the TRO, essentially told reporters that the law would go into effect as of midnight October 3. In a speech to an education group the morning of October 3, the Governor said it was necessary for the law to go into effect for payment to be made to school districts, state employees to be paid, etc. Meanwhile, the court, on October 3, extended the TRO until October 20.

To this ordinary citizen, it seems clear that:

1. The TRO was meant to pause action on the transfer effective October 3.

2. State Board of Education operation would continue at least until the court decided whether or not the transfer law is constitutional. If the court ultimately decides the transfer is constitutional, the State Board of Education operations, as transferred in HB33, will end. If the court decides the transfer is unconstitutional, the State Board of Education operations will continue as in the past.

3. Hence, for the Governor to imply in the October 3 speech that obeying the TRO would have caused chaos seemed to be misleading. The TRO rendered him powerless to do anything regarding the matter until a court decision is issued.

Stay tuned.