Archives for category: Ohio

Governor Mike DeWine vetoed a bill to ban medical treatment for transgender minors, an unusual move for a Republican governor. The legislature has the power to override his veto. The governor said that the decision about such care should be made by the people who love the child most: parents.

In addition to banning transition care for minors, the bill says medical professionals who provide the care could lose their licenses and be sued. It also prohibits transgender girls and women from playing on high school and college sports teams that correspond with their gender identity.

On Friday, Mr. DeWine said that if the bill were to become law, “Ohio would be saying that the state, that the government, knows better what is medically best for a child than the two people who love that child the most, the parents.”

The governor reached his decision after visiting hospitals and meeting with families “both positively and negatively affected” by gender-affirming care last week, a spokesperson said…

In addition to banning transition care for minors, the bill says medical professionals who provide the care could lose their licenses and be sued. It also prohibits transgender girls and women from playing on high school and college sports teams that correspond with their gender identity…

This summer, the American Academy of Pediatrics commissioned a systematic review of medical research on the treatments, while still taking the position that they can be essential. Transgender adolescents have high rates of depression, suicidal thoughts and self-harm, and some evidence suggests that puberty blockers and hormones, in the short-term, could improve their mental health.

“The most harrowing part of my job is informing parents that their child died, especially when their death was from a preventable suicide,’’ Dr. Steve Davis, chief executive of Cincinnati Children’s Hospital, told Ohio senators at a hearing on the bill. “You trust us on every other condition. Please, trust us on this one.’’

What an embarrassment for the U.S. Department of Education!

Carol Burris writes on Valerie Strauss’s Washington Post blog, “The Answer Sheet,” that Secretary Miguel Cardona just awarded one of its largest grants ever to expand a Hillsdale College charter school in Ohio. Hillsdale is closely tied to the conservative Christian movement and to Republican leaders such as Donald Trump, Governor Ron DeSantis of Florida, and Governor Bill Lee of Tennessee.

Hillsdale’s history program is called “the 1776 curriculum,” intended to refute the ideas of journalist Nicole Hannah-Jones’ controversial “1619 Project.” Hannah-Jones argued that American history began with the arrival of African slaves in 1619. To counter her narrative, the Trump administration in its waning days created “the 1776 Commission” to produce a quick version of a patriotic history. On President Biden’s first day in office, he abolished the 1776 Commission. Hillsdale College, however, continued the work of writing a full U.S. history curriculum based on the work of the 1776 Commission and made it available to schools that wanted history as it used to be taught: with great men, high ideals, and unblemished patriotism.

Hillsdale is now associated with a chain of charter schools that have adopted its Christian worldview and the 1776 curriculum. As Burris, executive director of the Network for Public Education explains, a Hillsdale charter just won nearly $2 million from the federal Charter Schools Program. CSP is administered by the U.S. Department of Education. The charter made claims about its location and its demographics that are “misleading.”

Trying to think of an analogy to Secretary of Education Miguel Cardona giving a large grant to a Hillsdale charter school: imagine Secretary of Education Betsy DeVos giving $2 million to a charter school for transgender children. Neither seems likely. But one scenario happened.

Valerie Strauss introduces Burris’s column.

A recent federal audit had a bit of bad news for the U.S. Education Department’s Charter Schools Program (CSP), which has provided more than $2.5 billion in grants to help open or expand charter schools. The audit by the department’s Office of Inspector General found that the CSP office may not have had “reliable information needed to make informed decisions” about continuing funding for charter schools with program grants.

There was more in the audit, which you can read about here, but this post looks at a different problem facing the CSP: schools with highly problematic applications that win millions of dollars of federal money anyway.

Charter schools are publicly funded but privately operated, some of them as for-profit entities, and they educate about 7 percent of U.S. schoolchildren. The 30-year-old charter sector has been riddled with financial and other scandals over the years, although supporters say that the problems these schools face are expected growing pains and that they offer families an important option to schools in publicly funded districts. Critics say that they are part of the movement to privatize public education and that some states have lax charter school laws that do not properly regulate them.

This post was written by Carol Burris, an award-winning former New York high school principal and now executive director of the advocacy group called Network for Public Education, which is an alliance of organizations that advocates for the improvement of public education and seeks legislative reform of charter schools. Burris has written previously on the charter school program for Answer Sheet (for example, here and here). She has chronicled how the program spent hundreds of millions of dollars on charter schools that never opened or closed not long after opening.

Burris writes about the funding application of a charter school in Ohio, the Cincinnati Classical Academy, and says that her organization, along with a group of Ohio legislators and other organizations, have asked Education Secretary Miguel Cardona to rescind the school’s nearly $2 million CSP grant. I asked the school to comment and will add its response if I get one. I asked the Education Department about the letter, and a spokesman said this in an email:

“The U.S. Department of Education (Department) is committed to supporting state and local efforts to increase school diversity and reduce racial and socio-economic isolation in schools, including through the Charter School Program (CSP). There are multiple safeguards in place to ensure the integrity of CSP applications and funded grants. For example, all CSP applicants must provide attestations confirming the accuracy of information submitted in their application. False, fictitious, or fraudulent statements or claims may subject applicants to criminal, civil, or administrative penalties. Such safeguards are in place to help ensure charter schools serve communities well.”

By Carol Burris


An invitation to fiction writing. That is how Mike Winerip described the federal Charter School Program (CSP) grant process in a 2012 New York Times story, a characterization based on his investigation of a New Jersey charter school, which, despite three failed attempts to open and an application full of “misrepresentations,” had secured a CSP grant.

This issues didn’t go away. The All Football Club of Lancaster, Pa., an unauthorized charter school with no community support, submitted an often-incoherent application and yet won $1.2 million in 2020. A school run by a for-profit operator immersed in self-dealings and a segregation academy turned charter school cashed in on a North Carolina grant.

But the prize for the most inventive story to secure a CSP grant may belong to the Cincinnati Classical Academy (CCA), a Hillsdale College member school, for securing a nearly $2 million grant. CCA, which prides itself on teaching virtue, asked for the grant on the basis of its claim that it was closing the achievement gap and serving disadvantaged students, never reporting that only 16 percent of its students are economically disadvantaged and that 2 percent are Black — a starkly different student body from the overwhelmingly disadvantaged and majority-Black Cincinnati Public School students, who, CCA says, it wants to save from poverty.

Cincinnati Classical Academy


Cincinnati Classical Academy is located on a cul-de-sac in a leafy residential suburb of Cincinnati called Reading. The school’s website features a motto and a coat of arms, and plays a video showing the school building with a cross atop a tower at the entrance as well as a large American flag. It currently runs from kindergarten through seventh grade but says it plans to add a grade each year until it becomes a full K-12 school.

It takes considerable digging on its website to realize that CCA is a charter school, not a tuition-free Christian private academy. Its headmaster’s message speaks of morals, virtue and “old-fashioned” methods. Pictures of the gymnasium show a large crucifix on the wall next to an American flag. In a photograph of a school hallway lined with posters depicting the school’s virtues, Mary and the infant Jesus from Botticelli’s “Madonna of the Magnificat” illustrates the virtue of humility. To illustrate gratitude, CCA shows a family praying before a meal.

Nearly all of the uniformed children featured on the website are White. There is no mention of a provision for free lunch on the school’s webpage, which features catered lunches students can purchase in full or a la carte.

Although CCA is only in its second year, it has the status of being a member school of Hillsdale College’s K-12 initiative, which entitles it to free curriculum, training and consultation from the small, nondenominational, conservative Christian college in Michigan. Hillsdale President Larry Arnn is an ally of former president Donald Trump as well as of Trump’s former education secretary, Betsy DeVos, and “distinguished fellow” Christopher Rufo, an activist who has fueled the culture wars.

Hillsdale provides support for CCA through its Barney Charter School Initiative, which began in 2010 with a half-million-dollar contribution from the Barney Family Foundation and which has opened a few dozen charter schools across the country. Hillsdale College’s mission is to maintain “by precept and example the immemorial teachings and practices of the Christian faith,” while the mission of its K-12 charter schools includes a call for “moral virtue.” A Hillsdale K-12 civics and U.S. history curriculum released in 2021 praises conservative values, criticizes liberal ones and distorts civil rights history.

According to its 990 tax forms, the Barney Family Foundation gives to health and child-centered charities along with Americans for Prosperity, the Cato Institute, the Hoover Institution, the Heartland Institute, the State Policy Network, the Friedman Foundation for Educational Choice, the Heritage Foundation, and other right-wing foundations and think tanks.

Stephen Barney, a trustee emeritus on the Hillsdale College Board, has been one of its most generous donors. Between 2010 and 2019, the Network for Public Education identified more than $4 million earmarked for Hillsdale from Barney’s foundation, excluding unlisted donations in 2011 and or donations before or after those years.

Despite Hillsdale College’s frequent boasts of rejecting federal money (and the federal regulations that come with it, including Title IV provisions), the college’s affiliated charter schools eagerly dip into the federal Charter School Program through state entitlement grants. To date, the Network for Public Education has identified more than $16.75 million given to Hillsdale charters for school start-ups or expansions.
The grant to CCA is the first given directly by the federal department to a Hillsdale-connected charter school.

The questionable narrative

Applicants for Charter Schools Program Developer Grants fill out extensive applications in making the case for why their schools deserve the funds. According to the Federal Register, which calls for applications, the first purpose of the CSP is to “expand opportunities for all students, particularly for children with disabilities, English learners, and other traditionally underserved students, to attend charter schools.”

However, CCA caters to the well-served in disproportionately high numbers. State records show that it had no English language learners in 2022-2023 when it applied. Students with disabilities were enrolled at less than half the rate of the Cincinnati Public Schools. More than 80 percent of the students in Cincinnati Public Schools were economically disadvantaged compared to fewer than 17 percent at CCA. Other charter schools in Hamilton County had no problem attracting economically disadvantaged students; their average rate topped 85 percent.

The only category in which CCA exceeds a demographic of Cincinnati Public Schools is White students. More than 82 percent of CCA students are White, compared to 20 percent in the public school district.

So what can a school like this do to get a grant intended for schools that serve underserved kids? It didn’t reveal itself.

CCA cited Cincinnati Public Schools demographics to make its case in its application even though it is located in the Reading Community City School District, which is whiter, wealthier and has better ratings. Then it provided another handful of schools within five miles for comparison, none of which are in Cincinnati Public Schools. The school also talked in its application about closing the achievement gap and serving diverse, underserved students even though its unrevealed Black student population (2.4 percent) is so tiny the state does not even give it a gap-closing measure.

But where the school best revealed itself is in its list of goals and objectives. Not only did it fail to share its lack of diversity, it included no goals or objectives to address it. The application does not discuss the need to increase the number of English language learners, homeless children, students with disabilities, or students who get free or reduced-price lunches to level the enormous gap between the school’s proportions and the greater Cincinnati area.

If achieved, the goals in the application prepared by Kentucky’s Adkins and Company and signed off by the president of the school’s governing board will not disrupt the status quo. CCA will be able to meet them and keep the federal dollars flowing for four years while maintaining the reality projected on its website — that it is a magnet for White, Christian conservative families to escape the area’s diverse schools.

The CSP review process

If you have ever applied for a mortgage, you remember the extraordinarily detailed evidence you must provide to support every claim. That is not the case when “free government money” for charter schools is at stake.

The curious lack of a demographic profile of the school’s students was never a concern for the reviewers. CCA received the highest score of all applicants — 101. One of the three reviewers gave the school a perfect score. You can find the application and the reviewers’ scoring here.
Reviewers, who are solicited from the charter school world, were satisfied that “comprehensive data is provided, revealing the underperformance of Cincinnati public schools and underscoring the necessity for a high-quality alternative that offers families a viable choice,” even though the school is not a part of Cincinnati Public Schools.

The reviewers bought the same old narrative — a high-poverty district is bad, so bring in a charter school. They parroted back what the applicant said and praised Hillsdale College’s Barney Charter School Program.

Inexplicably, given the CSP’s checkered history, the Education Department increased the maximum amount of Developer Grants per charter school from $1.5 million to $2 million this year, and CCA got nearly every penny of the limit: a grant for $1,991,846. Grants are usually for five years, but CCA had been open for a year when it applied, so it got a four-year grant. The average amount per year is $300,000 but the Education Department gave CCA nearly half a million dollars a year — on the basis of claims that even cursory checks on state data or a visit to the school’s website would show to be untrue.

Back in Ohio, public education advocacy groups are outraged but not surprised. Bill Phillis, the executive director of the Ohio Coalition for Equity and Adequacy of School Funding, told me that the charter industry in his state “has been rife with financial and academic fraud and corruption.” He also said the CCA’s application for a development grant, with its “deception and disingenuous information,” is “typical of the charter industry in Ohio.”

The Network for Public Education sent a letter to U.S. Education Secretary Miguel Cardona protesting the grant and asking that it be rescinded. It was signed by Phillis’s coalition, along with U.S. Rep. Greg Landsman (D-Ohio), five state legislators who represent the area, the Ohio PTA, both state teachers unions, the Cincinnati NAACP, and more than a dozen public education, civil rights, local teacher associations and advocacy groups.

Other 2023 CSP awardees are being challenged. The St. Louis Board of Education has passed a resolution protesting the more than $35 million CSP grant received by the billionaire-funded Opportunity Trust to open more charter schools in Missouri — nearly all of which will, because of state law, be located in St. Louis or Kansas City. According to the St. Louis Post-Dispatch:

“The group misrepresented its relationship with SLPS in its application to the U.S. Department of Education, the resolution states. The school board “does not have a working relationship with the Opportunity Trust, does not collaborate with the Opportunity Trust and has opposed efforts by the Opportunity Trust to enact legislation to divert district funds to charter schools,” it [the resolution] reads.”

CSP grant applications that have been misleading and deceptive have still been rewarded with millions of taxpayer dollars from CSP. Whether the source of the problem is the department’s process, a less-than-rigorous application, the reviewer selection process or faulty regulations, awards that are based on disingenuous claims and deceit do not serve children or taxpayers well.

Until something changes, the statement that applicants sign — “I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001)” — should be enforced, and the secretary should use his authority to terminate the grant.

Recently, there has been a trend in states with a supermajority of Republicans in the Legislature to seize the reins of power in every realm. First, they gerrymander the state to assure that the other party has no chance to win control. Then they strip power where Democrats exercise any authority. In North Carolina, the Republican Legislature removed power from the Democratic governor. In Wisconsin, the Republican Legislature followed suit. In Ohio, with a Republican Legislature and Governor, the Governor took control of education away from the mostly elected State Board of Education.

The Ohio State Board resisted. It even sued. But a judge ruled that the governor had the authority to take control of education policy away from the State Board, even though voters gave those powers to the State Board in 1953.

Bill Phillis of the Ohio Coalition for Equity and Adequacy provided the context:

Judge rules that state level governance of education can return to the Governor’s office, notwithstanding that Ohioans, in 1953, transferred education governance from the Governor’s office to the State Board ofEducation via a constitutional amendment.

Article VI, section 4 was added to the Constitution in 1953 by the citizens of Ohio. At that time, the governance of education was embedded in the governor’s office. Ohioans passed a constitutional amendment to have education governed with the same model as used at the local level—citizens elected on a non-partisan basis to govern school districts. Local districts were not and are not now governed by other governmental jurisdictions—mayors, city councils, county commissions, township trustees.

In Ohio’s current political climate, the will of the people is summarily disregarded, even though the Ohio Constitution states that “all political power is inherent in the people.” (Article I, section 2) Notwithstanding this powerful constitutional safeguard for the folks, a Senate leader in Ohio recently said publicly, “We kinda do what we want…”

The Court, in other words, overturned the will of the voters and the state constitution.

Jan Resseger, who lives in Ohio, describes the evisceration of the State Board of Education.

She writes:

Education Week‘s Libby Sanford recently covered the education governance battle in Ohio, where the legislature just seized control of public education standards and curriculum by eviscerating the power of the Ohio State Board of Education and moving control of the state’s public schools under the political control of the governor and his appointees.

Sanford explains how the leaders of Ohio’s gerrymandered, supermajority Republican legislature folded the school governance takeover into the state budget after the legislature had failed on its own to enact the the plan to gut the power of the State Board of Education: “(T)he Republican-led Ohio state legislature passed a two-year budget that included a provision converting the Ohio Department of Education, led by a superintendent chosen by the State Board of Education, into the Ohio Department of Education and Workforce, led by a director appointed by the governor. The budget also… includes a requirement that schools adopt a state-approved reading program by the next school year and a ban on the use of the three-cueing method in literacy instruction. The move changing how education is overseen in The Buckeye State strips the 19-member State Board of Education—of which 11 members are elected and eight are appointed by the governor—of its powers to… set academic standards and set frameworks for school curricula, limiting the board to decisions on teacher disciplinary and licensure cases and disputes over school boundaries.”

According to the provisions of a 1953 state constitutional amendment, Ohio’s state board of education will continue to exist but will lack any power to control significant policy. Its members will continue to appoint a state superintendent of public instruction, but that individual will serve as a mere advisor to the governor’s appointee who will control the state’s primary public education governance and operations.

In Ohio, two members of the State Board and another parent, on behalf of their children enrolled in public schools, along with the Toledo Board of Education filed a lawsuit to block the governor’s seizure of the powers of the state board. A judge has allowed the takeover to move forward, however, while the case makes its way through the courts. On November 3, 2023, plaintiffs’ attorneys submitted a brief in support of the plaintiff’s objections to the magistrate’s decision.

Sanford examines the political takeover of Ohio’s public schools in the context of a broader national trend among legislatures and governors to introduce partisan bias into governance of an institution that has historically been protected: “(T)he state (Ohio) isn’t the first to make a move of this kind… (E)specially over the past few years, lawmakers and state leaders have taken more aggressive action on state education policy, enacting laws that limit what teachers can talk about in the classroom, greatly expanding school choice, and requiring that schools notify parents when their children seek to use pronouns or names that don’t align with their sex assigned at birth.”

Sanford interviews Jeffrey Henig, a professor of education and political science at Teachers College, Columbia University, who identifies Ohio’s insertion of politics into the governance of the state’s public schools as part of a growing trend across the states.  He calls the move, nonetheless, “a high-risk proposition.” Henig explains: “(A)t the start of the 20th century, around two-thirds of states elected their chief school officers. By 2010 that number had dropped to less than 30 percent. Many states, like Ohio, gave the power to choose a state school officer to state boards, while others gave that power to the governor. ‘The general story is there’s been this long, slow shift in formal authority… but more recently governors getting more directly involved.”

Citing examples like Governor Ron DeSantis in Florida and Governor Kim Reynolds in Iowa, Henig hopes that perhaps the new trend will run its course: “Public education can be a hot potato issue… You can get your hands burned by being too closely involved… General-purpose politicians will realize that education isn’t a sure winner for them and succumb to the pressures, many of which are legitimate, to make their mark in other areas of domestic policy rather than stick their noses right in the middle of these swirling waters of culture wars.”

As a citizen in Ohio who values public schooling, I hope Henig is correct. The danger for our children of inserting politics and ideology into the public schools has become clearer not only through the insertion of culture war bias into state legislation, but also as lobbyists pressure politicians to adopt ideology-driven education theories and even specific curricula from think tanks with known political biases. Ohio is an example. Dee Bagwell Haslam, whose family owns the Cleveland Browns, is a major contributor to the campaigns of Ohio’s Republican politicians. She also serves on the board of Jeb Bush’s ExcelinEd.  Dee Haslam has lobbied Governor Mike DeWine and the Ohio Legislature to promote one of ExcelinEd’s priorities: the Science of Reading. In this year’s state budget, the Ohio Legislature mandated that all Ohio public schools will adopt the Science of Reading as their sole reading curriculum.

In Schoolhouse Burning, his excellent exploration of the history of public education, Derek Black, an attorney and professor of constitutional law, describes the reasons why, in the period immediately following the Civil War, the authors of many of the state constitutions created state boards of education that would be independent and resistant to political meddling in public schools’ standards and curriculum:

“States… guarded against the politicization of education by vesting constitutional authority in the hands of education professionals (or at least people solely focused on education)… Following the Civil War, state constitutions increasingly established a state superintendent and/or state board of education. Doing so ensured that the individuals entrusted with administering education and setting various education policies would not be wedded to any geographic or political constituency. They were to act on behalf of all the state’s children and exercise their best judgment, hopefully devoid of the normal politics of the state house. And unlike the heads of transportation, agriculture, commerce, and police, for instance, these education officials would not serve at the pleasure of the governor or legislature.” (Schoolhouse Burning, pp. 220-221)

The governor of Ohio is trying to take control of the state school board. They are too independent for Governor Mike DeWine’s taste because they are elected, not appointed by him. As an official body, the school board sued the state to block the takeover and was represented by the state Attorney General’s office. Unfortunately, their lawyer—it was discovered—was also advising the defense counsel. Their lawyer was “Chief Counsel and Ethics Officer for the Ohio Attorney General.” He will no longer be representing the state school board.

The Ohio Capital Journal reported:

An Ohio Attorney General lawyer for state school board members in their ongoing lawsuit to stop a massive transfer of power over K-12 education from the board to the governor’s office was found by the court to be giving legal advice to the defense counsel, also a member of the Attorney General’s Office.

Chief Counsel and Ethics Officer for the Ohio Attorney General Bridget Coontz has been disqualified from participating in the lawsuit anymore after sending an email on Oct. 3 that included legal advice to the counsel for defendants, Julie Pfeiffer, the section chief at the Ohio Attorney General’s Office, according to new court documents in the Franklin County Court of Common Pleas.

“In the email, Coontz offered legal advice to Counsel Pfeiffer clearly related to this case,” Franklin County Common Please Court Judge Karen Held Phipps wrote in an order disqualifying Coontz on Monday. “Coontz offered legal advice to Counsel Pfeiffer, which was directly adverse to Plaintiffs (Christina) Collins and (Michelle) Newman, who Coontz represented in this case. … Public confidence in the outcome of this case requires that Coontz be disqualified from any further participation.”

Seven members of the Ohio State Board of Education originally filed a lawsuit against Ohio Gov. Mike DeWine on Sept. 19 in an attempt to block an overhaul of K-12 education that was included by lawmakers in the state’s two-year budget this summer. Judge Phipps issued the temporary restraining order Sept. 21. Coontz filed a motion on Sept. 27 to substitute the Attorney General as counsel for the original seven plaintiffs.

“Coontz assured the Court that there was no danger of a conflict-of-interest in this situation because the Office of the Attorney General maintained a complex screening process in order to eliminate any such conflict of interest,” Phipps wrote.

When a conflict comes up between Ohio Attorney General clients, an ethics screen is set up between the AG lawyers and is distributed to all attorneys and supervisors involved in the case, Phipps said Coontz explained to the court during an expedited briefing process…

But Coontz mistakenly sent an email to a recipient on the other side.

According to Judge Phipps, Coontz told the court the ethics screen “did not become necessary because she determined that a conflict of interest did not exist.”

“Coontz’s argument in this regard is absurd on its face,” Judge Phipps wrote. “The Court strongly disagrees that Coontz personally gets to determine when a conflict of interest has arisen. The main concern here is the appearance of impropriety, which is precisely what Coontz’s email created. … Accordingly, Coontz is hereby disqualified from any further participation in this matter.”

The lawsuit is trying to stop the Ohio Department of Education from transitioning to the Ohio Department of Education and Workforce, which would create a cabinet-level director position and put the department under the governor’s office.

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.

Denis Smith is a retired school administrator in Ohio who worked in the State Education Department’s office for charter schools. He writes here about the strong resistance to vouchers in Texas, compared to the collusion between legislators and religious leaders in Ohio.

You read that headline correctly.

It may come as a shock to readers to know that with all the issues confronting Ohio, it hasn’t been listed in recent surveys as the worst place to live and work. That honor, according to a new CNBC survey, goes to Texas.

The survey methodology targeted a range of issues facing the Lone Star State, with reproductive rights, health care, and voting rights identified as leading deficits that are adversely affecting the state’s citizens.

Noticeably absent from the CNBC list of top issues was education, which might come as a surprise to observers who have long deplored the low per-pupil spending for schools in one of the fastest growing states in the nation.

But there might be another reason why education didn’t pull Texas even deeper into the deficit column. As of now, and unlike Ohio, Texas does not have a universal education voucher program. In this year alone, Ohio joined 14 other states that have passed such legislation which allows taxpayers to pick up the tab for tuition at private and religious schools.

But universal vouchers haven’t happened yet in Texas, despite Gov. Greg Abbott’s strong advocacy of spreading public money around to unaccountable non-public schools.

Opposition to vouchers comes from the state’s vast rural areas, where there are few private and religious schools to choose from. That same anti-voucher argument was made in Ohio during the past legislative session, where families in rural counties would not have the same level of access for those living in metropolitan areas.

But if there is one person in the Buckeye State who almost singlehandedly pushed through the voucher bill despite spirited opposition, it would be Senate President Matt Huffman, whom Statehouse watchers have described as the bully- in-chief of Ohio politics and an aggressive champion of conveying public funds to religious schools.

By contrast, if there is one person in Texas who has been a principled leader in championing public schools and opposing vouchers for religious schools, the Rev. Charles Foster Johnson, leader of Pastors for Texas Children, would be that positive force.

What a contrast. In Ohio, we have a schoolyard bully in the person of Matt Huffman. In Texas, we have a principled pastor using a bully pulpit, a la Theodore Roosevelt, who popularized that term. But let’s not conflate the two terms, as Pastor Johnson respects constitutional limits, unlike the Ohio Senate President.

As a bully, Huffman respects nothing, and where the word principled is not followed by the term leadership. One specific example of Huffman’s lack of respect for societal norms and conventions is the Ohio Constitution and Article VI, Section 2, which clearly states a prohibition against the use of public funds to support private and religious schools:

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

By contrast, Pastor Johnson and his organization on September 19 released this statement opposing vouchers for religious schools in Texas. Here are some key excerpts from the statement of Pastors for Texas Children in opposition to vouchers:

Vouchers are a clear violation of the American ideal of separation of church and state.

In an unprecedented violation of God’s law of religious liberty and the American doctrine of the separation of church and state, Governor Greg Abbott this afternoon called on ministers and pastors to use God’s pulpit to push his private school voucher program.

The use of public tax dollars to subsidize religious instruction is a sin against God.

Pastors for Texas Children stands strong for the universal education of all God’s children, provided, and protected by the public trust. We oppose all attempts to privatize it for sectarian, religious, and political reasons.

As we examine the use of the bully pulpit by a Texas pastor in providing principled leadership compared to unconstitutional and unprincipled bullying by Ohio’s senate leader, the behavior of Ohio’s Catholic bishops in joining Republicans in supporting an assault on the Ohio Constitution through their advocacy of Issue One in the recent special election is a study in contrasts with the Texas pastors.

Those critical of the church’s role in trying to make it more difficult to amend the state’s constitution and thus block a popular abortion measure on the November ballot see its strong working relationship with Ohio’s Republican leadership. That relationship resulted in a gift, the universal education voucher program funding unaccountable religious schools, embedded in the new state budget.

And the constitutional prohibition for using public funds otherwise earmarked for public schools to support religious schools? Never mind Article VI, Section 2.

We can kind of do what we want,” Huffman famously said in 2022.

And he does. Clearly these words depict the image of the bully-in-chief, intent on destroying public education regardless of a clear constitutional mandate to use public funds to support a “system[note the singular form] of common schools.”

So while it is true that Texas was ranked last in the recent CNBC survey, it has allowed us to view the contrasts with Ohio as seen in its political and religious leaders. Greg Abbott is clearly the bully in Texas, and Matt Huffman plays that role in Ohio.

But we also see differences in religious leadership, where a group of courageous Texas pastors has taken a position found in their organization’s vision statement:

Pastors for Texas Children believes that public education is a human right, a constitutional guarantee, and a central part of God’s plan for human flourishing. When this sacred trust and provision of God’s common good comes under attack by the forces of privatization, we respond with prayer, service, and advocacy.

This vision is in sharp contrast with that of Ohio’s Catholic hierarchy, which has been working diligently with the state Republican leadership to scoop up public money for private purposes.

Again, never mind Article VI, Section 2.

While Ohio does not have a faith-based organization like Pastors for Texas Children to advocate for the separation of public and private monies for schools, Vouchers Hurt Ohio, a group of nearly 200 Ohio school districts, has united to sue the state and stop the unconstitutional voucher scheme. Fair minded Ohioans should pray for the success of groups like VHO who wish to honor constitutional government.

In the meantime, the blatant sabotage of public education, a slow-motion trainwreck precipitated by Matt Huffman and his church allies, is underway in Ohio. In the name of the rule of law and the constitution, let us pray for their total and unmitigated defeat.

But let us also pray for the success of Pastors for Texas Children. Despite the likes of Greg Abbott, Dan Patrick, and Ted Cruz, there are good people of faith working hard to preserve and protect democracy and constitutional government, and in every neighborhood, the public school is the most visible form of community and democracy.

Ohio pastors, let us learn and model civic virtue as practiced by a group of Texas pastors.

Amen.

Bad things happen in all sectors. But so many bad things happen in Charterworld because there are so few controls or oversight. Public school employees typically undergo background checks, and their schools are regularly audited. The charter industry considers state regulation of any kind to be insulting.

But, lo! A charter school founder in Cleveland was arrested for being part of a human trafficking ring.

Incredible!

CLEVELAND — On Monday, Ohio Attorney General Dave Yost announced that a total of 160 people were arrested in a human trafficking crackdown initiative, known as “Operation Buyer’s Remorse.”

Among the list of 160 people who were taken into custody from Sept. 25-30 was 68-year-old John Zitzner, the co-founder of Breakthrough Charter Schools.

According to a spokesperson for the Ohio Attorney General’s Office, Zitzner was arrested by the Northeast Ohio Human Trafficking Task Force. Zitzner told task force members that “he works in education at Friend of Breakthrough Schools.” His case is being handled through the Rocky River Municipal Court.

Court records show that Zitzner was arrested on Sept. 28 in Westlake and charged with engaging in prostitution. He had his initial court appearance on Monday and is scheduled to be arraigned on Oct. 10.

What kind of person founds charter schools and engages in human trafficking and prostitution?

Stephen Dyer is a former Ohio legislator who keeps track of education policy in his state. He reports frequently on scandals in charter schools, Cybercharters, and voucher schools. Every state should have a watchdog like him.

In his latest post, he writes about the failure of most of Ohio’s charter schools. Remember, they were supposed to “save” students from low-performing public schools? Instead, they offer an inferior choice, which coincidentally defunds higher-performing public schools. Who will save the children of Ohio from failing charter schools?

He writes:

In its latest national rankings, U.S. News & World Report pointed out that generally, charter schools around the country are disproportionately doing well on their national ratings. “Charters show up in disproportionately high rates among the top schools,” according to the report. And I’m sure charter proponents will take off and run with that.

But that ain’t happening in Ohio.

According to the rankings released today, only 5 of 44 ranked Ohio Charter Schools rate outside the bottom 25 percent nationally. U.S. News doesn’t rank high schools lower than 13,261st. They just put the worst performers in a single band.

And only 5 Ohio Charter High Schools are NOT in that band.

Saying that nearly 9 in 10 Ohio Charter High Schools rank in the bottom 25 percent of all High Schools in the country is a terrible black eye for our state. Especially as the Ohio General Assembly continues to dump more than $1 billion a year into these schools.

And even the 5 that do better than the bottom 25 percent nationally still don’t do awesome.

For example, the top ranked school — KIPP Columbus — ranked lower than two Akron Public Schools, two Cincinnati Public Schools, three Cleveland Municipal schools, a Columbus City school, and a Dayton City school.

That’s not great, especially when Charter Schools were promised as rescue vehicles for kids in urban public schools.

House Bill 2 was supposed to save Ohio’s Charter Schools from being the “wild, wild west” of the nation’s charter schools. But clearly it’s not working. If only 5 of Ohio’s 44 ranked Charter High Schools are not ranked in the bottom 25% nationally, then perhaps it’s time to re-examine our $1 billion a year commitment to these privately run, publicly funded schools.

Just saying.

The AP reported that Issue 1 was defeated today in Ohio. with 65%+ of the vote counted, 57% of voters opposed Issue 1.

Issue 1 would have changed the vote required to change the state constitution from a simple majority of 50% + 1 to 60% + 1. The goal of the Republicans was to block a referendum in November on abortion rights.

In November, voters will decide whether to add protection of reproductive rights to the Ohio Constitution. It appears that they will, now that Issue 1 was defeated. Red state Kansas voters did the same, and voters in Kentucky and Montana rejected laws banning abortion.

Wherever the issue goes to a vote, a majority will support women’s reproductive rights. To restore the rights canceled by the Supreme Court’s overturning of Roe v. Wade, take it to the voters.

Democracy rules.

The Ohio legislature passed a strict ban on abortion, prohibiting abortions after six weeks of pregnancy. That is so early that women don’t know they are pregnant. So the law amounts to a total ban.

Supporters of abortion rights gathered enough signatures to put a referendum on the November ballot that would write protection for abortion rights into the state constitution.

The legislature doesn’t want that referendum to pass, so they called a special election for August 8—TODAY—asking if voters would change the law so that it takes a 60% + 1 majority to pass a change in the state constitution. Currently, a referendum wil pass with 50% plus 1. (Several months ago, the legislature banned special elections in August because of low turnout; but they ignored the law they assed, hoping for low turnout.)

The legislature assumes that the abortion rights supporters cannot teach 60%.

This referendum attacks not just abortion rights; it attacks democracy. Should it pass, any change in the state constitution would be very difficult to achieve.

If you support democracy, if you believe that 50% + 1 should win elections, vote NO today against Issue #1.

No matter how you feel about abortion, defend democracy. Vote NO on Issue #1.