Archives for category: Ohio

Tanisha Pruitt, Ph.D., wrote the following statement on behalf of Policy Matters Ohio last June. She urged the legislature not to expand vouchers. Her plea was ignored. The legislature decided to raise the cap on vouchers to 450% of the federal poverty level. Given research that shows the failure of vouchers in Ohio and elsewhere, the only conclusion that can be drawn is that the Republican dominated legislature doesn’t care about the state’s children or their future.

Regardless of race, neighborhood, or how much money is in their parents’ bank account, every child should be able to attend an excellent school that has everything they need to learn and grow. Every dollar spent on vouchers makes this vision less achievable. Vouchers take public money and give it to private schools, with real consequences for the 90% of our kids who attend Ohio’s public schools.

With their recent budget proposal, Senate leadership has shown they are willing, even eager, to sacrifice Ohio’s kids to ram through a universal voucher scheme they’ve been planning for years. The Senate plan would make EdChoice vouchers — worth $8,407 a year for students in grades 9-12, and $6,165 a year for those in grades K-8 — available to households with incomes up to 450% of the federal poverty rate. (For a family of four, that’s about $135,000 a year.) And they wouldn’t stop there: Senate leadership would also allow households making more than that to get 10% of the value of EdChoice vouchers, subsidizing a discount on private school tuition for the children of the wealthiest Ohioans.

<<< And that’s just one of the ways the Senate proposal will disproportionately benefit the rich while hurting the rest of us.>>>

Kids bring their whole selves to the classroom. To succeed they need well-funded schools — and they need good food, health care, and quality child care to build a solid foundation. Senate leadership would make it very easy to qualify for vouchers, while Ohio already makes it very difficult to qualify for other, more fundamental public programs. Legislators impose tight caps on family income to participate in SNAP, Medicaid, publicly funded child care and free school meals. Compare those income limits to the proposal for limitless access to private school vouchers and you get a good sense of where the Senate majority’s priorities and loyalties lie.

Public schools in Ohio are responsible for educating 1.6 million students. The Senate proposal cuts their funding by $245.6 million in FY 2024 and by $295.8 million in FY 2025. At the same time, Senate leadership would increase funding for vouchers by $182 million in FY 2024 and $191 million in FY 2025 — pushing the total annual cost to more than a billion dollars by the end of this budget cycle. That’s $1 billion of Ohio taxpayers’ money being funneled to unaccountable private schools, many of which are operated by churches and other religious entities.

The budgetary choices that we see in the Senate proposal begs the question of where our legislators’ priorities lie when it comes to funding our education system. How we fund our schools now will impact education — and our workforce and economy — for years to come. Ohio is currently ranked near the bottom at 46th in the nation when it comes to equitable distribution of funding in schools. By proposing massive new spending on vouchers, Ohio legislators would only make things worse.

In the last budget, we won the Fair School Funding Plan, with the promise to fully and fairly fund schools so every child in Ohio gets what they need to set them on the path to a good life. Now we need legislators to live up to that promise and finish the job. State leaders have a constitutional duty to protect public schools. Ensuring a “thorough and efficient system of common schools” — as Ohio’s constitution requires — means correcting disparities created by bad policies of the past, which still harm kids today. We do that by prioritizing public schools, cutting spending on vouchers, and paying teachers what they’re worth, so every student in every district in every school can thrive.

This report was written by Tanisha Pruitt, Ph.D., for Policy Matters Ohio in April 2023. It provides a comprehensive review of the funding of K-12 education in the state. The state has 1.6 million students. The state Constitution says (Article 6, section 2):

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.

The legislature and governor of Ohio apparently believe that the state Constitution does not mean what it says. The Republican leadership has steadily increased the funding of charter schools (which are not “common schools,” but are privately managed schools, some for-profit) and vouchers, which go primarily up religious schools.

The report was written before the legislature lifted income caps on vouchers, agreeing to subsidize the tuition of all students regardless of family income.

Please open the link to see the graphs.

The Policy Matters Ohio report begins:

School is a place where childhood happens. Ohio’s public educators teach children of all races and backgrounds basic skills, but also challenge and inspire them to follow their dreams. For many students, school is a safe place to learn, develop and grow.

Ohio currently educates 1.6 million children attending school in our cities, suburbs and small towns. For years, almost no one was happy about how the state of Ohio funded public schools. The system pitted communities against each other and private and charter schools against public schools. We were living in the K-12 version of the “Hunger Games”: The wealthier your district, the stronger your chances of success.

Most state lawmakers signed off on a system that relied too heavily on local property taxes,[1] so communities where many residents have low incomes struggled to pay for the basics like updated resources and teaching materials. The state capped the funding it sent to some districts, often leaving those districts feeling cheated. In others, state funding failed to keep up with changing costs and student needs. Since 2005, lawmakers have been systematically sending more resources to the wealthiest Ohioans by cutting the state income tax, which accounts for nearly one-third of the state’s spending on schools. Meanwhile, lawmakers have diverted almost $1 billion a year from local levies to private and charter schools.[2]

These policy choices have taken a toll on Ohio’s educational outcomes. Education Week ranks Ohio 46th in the nation for equitable distribution of funding.[3] The performance metrics included: (1) state spending by examining per-pupil expenditures adjusted for regional cost differences, the percent of students in districts with per-pupil spending at or above the national average, spending index, and percent of total taxable resources spent on education and (2) Equity, by examining the degree to which education funding is equitably distributed across the districts within the state.[4]

The pandemic has contributed to a decline in test scores, which could have an impact on our overall ranking, if we do not get students caught up.[5] Over nearly two decades, we can draw a straight line between the racial and economic achievement gaps and the lack of funding to provide Black, brown, economically disadvantaged students[6] and students with disabilities what they need to succeed in school.

Ohio’s schools are becoming more racially and ethnically diverse; the Hispanic[7]population (a close proxy for Latinx) alone has more than doubled over the last 10 years.[8] Student poverty is also on the rise with 51% of students considered economically disadvantaged and the homeless student population doubling over the last decade.[9]

COVID-19 created unstable and even chaotic learning environments across Ohio. The elevated stress and social isolation caused by the move to virtual learning[10]exacerbated students’ need for mental health services.[11] The pandemic continues to take a toll on educators as well. COVID and other outbreaks are making educators sick. Moreover, increased stress and low pay cause many educators to leave the profession. Districts across the state have grappled with unprecedented staff shortages. For example, Columbus City Schools (CCS) had 800 employees absent every day during the height of the pandemic.[12] Hamilton City School officials were forced to cancel classes when 170 staff members were out due to illness.[13]

COVID has especially hammered school districts in communities that can’t raise enough money through local property taxes — especially in big cities, where Black, brown and economically disadvantaged students are more likely to live.[14] Schools in these communities often have fewer resources for COVID mitigation efforts like improving ventilation.[15]

Long before COVID, many policymakers neglected public schools, siphoning away their funding for tax giveaways[16] to corporations and undercutting them with schemes that send public money to charters and private schools. Combined with the effects of COVID, Ohio’s legacy of inadequate and inequitable funding has weakened the role school plays as a foundational public service for families and communities. For our state to be a vibrant place where people want to live, we need fully and fairly funded schools in all districts, no matter what students look like, or how much money their families have.

This report describes how the state funds public K-12 education and some key investments proposed in the 2024-25 Executive Budget, the legacy of unconstitutional funding, the role private school vouchers play in harming public schools, and how the Fair School Funding Plan — when fully funded and fully implemented, including weights and cost corrections — can provide districts with more resources to prepare Ohio’s children to succeed.

A brief history of Ohio school funding

The framers of Ohio’s constitution obligated the state to provide a “thorough and efficient system of common schools” for all students.[17] In 1991, the Ohio Coalition for Equity & Adequacy of School Funding, representing more than 500 school districts in Ohio, filed suit in the Perry County courts against the State of Ohio for failing to uphold this constitutional requirement.[18] In DeRolph vs. The State of Ohio — named for Perry County school district student Nathan DeRolph — plaintiffs argued the state was failing to live up to its obligation due to over-reliance on local property taxes for school funding: In wealthy communities, high property values generated revenues needed to provide students with more resources for cutting-edge technology, advanced classes, and extracurricular activities; the opposite was true in poor communities. This left schools in cities, rural areas and many low-income communities severely under-resourced, significantly harming outcomes for their students.

The litigation dragged on until 1994 when Perry County Court Judge Linton Lewis, Jr. ruled that “public education is a fundamental right in the state of Ohio” and that the state legislature must provide a better and more equitable means of financing education.

The DeRolph case was the start of a foundational shift in the school funding system in Ohio, but the fight for constitutional and equitable funding continued for decades following the ruling. By failing to keep up with inflation and by diverting public funds to charter schools[19] and vouchers (i.e., scholarships to private schools), lawmakers in fact cut state aid to traditional public schools over time.[20] As a result, public schools have increasingly relied even more on local resources, which exacerbates the problem of unequal funding and quality across districts,[21] a problem that persists today….

Public dollars, private benefits

Two smaller education systems run alongside Ohio’s traditional public schools: charters and private schools. When legislators redirect funding from traditional public schools to pay for charters and vouchers (which pass public dollars through parents and into private schools), the vast majority of Ohio students who attend traditional public schools have to make do with less.

In Ohio charter schools have been branded “community schools” and are considered “public” because they cannot charge tuition and they are supposed to accept all students. However, charter schools do not necessarily serve the public good. Charter school sponsors may contract with for-profit companies to operate the schools. In 2020, Ohio had 313 charter schools serving 102,645 students and 178 (57%) of them were operated by for-profit entities.[48]These “operators” have been the source of much scandal in Ohio. Simply put: The charter system in Ohio has lots of loopholes for private, profit-seeking companies to siphon off public dollars.

In FY 2022 the state sent $1.45 billion to charter schools — up from nearly $620 million in 2007.[49] During that time, Ohio’s legislators earned our state a reputation as “the wild west of charter schools” by failing to hold charters and their operators accountable.[50] Problems with Ohio’s charter school system came to a head with the ECOT scandal: A for-profit online charter school, the Electronic Classroom of Tomorrow squandered millions in public money by inflating enrollment numbers.[51] Other charter scandals have prompted rounds of legislative reform to reduce self-dealing, prevent the state from paying for students who were not actually attending school, and stop attempts at double-dipping by selling state-purchased materials back to the state for even more public dollars.[52]

The Ohio Charter School Accountability Project, a joint effort of the Ohio Education Association (OEA) and Innovation Ohio, using data primarily from the Ohio Department of Education (ODE), created a tool to help Ohioans know the state of publicly funded charters and private schools that accept public vouchers, and how they compare to traditional school districts. Analysis includes state report card rankings, classroom expenditures, and state aid deductions to charter schools. This system is intended to provide transparency so that parents, teachers, students and advocates can hold charter schools accountable.[53]

Based on the recent Annual Community Schools report conducted by the Ohio Department of Education (ODE),[54]community schools in Ohio are receiving more funding through the Quality Community School Support Grant (QCSS). Eligibility requirements for these grants are based on performance standards and overall academic achievement. In the current budget lawmakers increased funding to QCSS to $54 million for FY 2022, a $24 million increase from 2021. This increase includes a per-pupil increase of $1,750 for economically disadvantaged students and a $1,000 per-pupil increase for all other students.[55]

Vouchers eat up state funding for K-12 schools

As problematic as under-regulated charter schools can be, the proliferation of private school vouchers has had the most serious consequences for public schools and the vast majority of Ohio students who attend them. Since the Cleveland Voucher Program for low-income students in Cleveland City Schools launched in 1996, policymakers have expanded voucher programs across the state. Ohio currently has four main school voucher programs: the Educational Choice (EdChoice) Scholarship Program, the Cleveland Scholarship and Tutoring Program (CSTP), the Autism Scholarship Program, and the Jon Peterson Special Needs (JPSN) Scholarship Program. The EdChoice program is split into two types: the Traditional EdChoice Scholarship, also known as performance-based EdChoice, and the EdChoice Expansion Scholarship, also known as income-based EdChoice.

Policymakers introduced the Traditional EdChoice scholarship program in 2005 and continue to expand it. The EdChoice Expansion program was introduced in 2014 and has also expanded in scope. The performance-based EdChoice program is available to students in underperforming school districts, while the income-based EdChoice program is available to low-income students. The Cleveland Scholarship is for all K-12 students in the Cleveland Metropolitan School District. The other two scholarships, Autism and JPSN, are for autistic students and students with any disability, respectively.

What started as a program to provide alternative education options for students in what the state perceived to be underachieving schools has now expanded to include students from public schools with high achievement grades. According to a brief by the Northwest Local School District, 47.7% of the buildings on the current list of Ohio schools eligible for vouchers have overall grades of “A,” “B,” or “C” under the state’s report card system. The number of eligible schools has also grown rapidly. During the 2018-19 school year Ohio had fewer than 300 school buildings that were considered eligible; by 2020-21, 1,200 school buildings were eligible: a 300% increase in just two years.[56] Similarly, income-based vouchers are now being proposed for families earning up to 400% of the federal poverty level. This expansion would be a costly and needless expansion, subsidizing private education for families that need no help. A family of four could earn up to $120,000 and be considered income eligible. This expansion will make vouchers nearly universal, by providing an additional handout to upper-middle-class families at the expense of public schools.

Vouchers in the state budget

After years of tax cuts for the wealthy and corporations that have drained resources from public schools, and as COVID has created new pressures, the state further undercuts public schools by pumping hundreds of millions of public dollars into private schools.[57]

The 2022-23 biennial budget expanded funding of private schools, especially through EdChoice and other voucher programs. Traditional, performance-based EdChoice received $212.5 million, and the income-based EdChoice Expansion program received close to $103 million, a combined 61.4% of voucher payments statewide in FY 2022. The Autism and JPSN scholarships received $116.5 million and $76.6 million, respectively, making up 17% and 12.4% of distributed scholarship funds. The Cleveland Scholarship program received $46 million and only makes up 9.1% of distributed scholarship funds.[58]

Legislators have increased voucher payments from state funds since 2014, as illustrated in Figure 6.[59]

Figure 6
https://datawrapper.dwcdn.net/7sKMh/2/

The FSFP funds vouchers directly instead of allowing them siphon away districts’ state funding. Lawmakers increased total voucher allocations from $395.4 million in FY 2020 to $635.1 million in FY 2022.[60]They also increased direct state aid to private schools, though not as dramatically. Policymakers increased funding for “auxiliary services” to private schools from $149.9 million in FY 2021 to $154.1 in FY 2022 and just under $156 million in FY 2023. Meanwhile, “nonpublic administrative cost reimbursement” aid — which reimburses charter schools for the cost of mandated administrative and clerical activities such as preparation, filing and records keeping[61] — increased from $68.9 in FY 2021 to $70.8 in FY 2022 and $71.6 in FY 2023.[62]

Lawmakers have increased spending on vouchers by increasing the amount families can receive. For income-based EdChoice Expansion vouchers for FY 2022-23 the state now awards qualifying K-8 students $5,500 per year and high school students $7,500 per year for tuition at non-public schools, up from previous award amounts in FY 2020-21 which provided $4,650 for K-8 students and $6,000 for students grades 9-12.[63]….

Voucher expansion threatens our public schools

Because of the General Assembly’s continued expansion of voucher programs, more Ohio families are enrolling in them — up from 52,000 in 2019 to 69,991 in 2021. Even accounting for this growth, most voucher students were already attending private school before receiving vouchers.[64] Further, the number of vouchers is a fraction of the number of students served in public schools. When students use state-funded vouchers to attend private schools, even if they were never enrolled in traditional school districts, it means less money in the state budget that could otherwise be spent creating great public schools, which must serve all students.

The Ohio Coalition for Equity and Adequacy of School Funding, a coalition of over 100 school district and 20 education and community groups, took the state of Ohio to court, claiming that EdChoice Expansion violates the constitutional requirement that the state provide a “thorough and efficient system of common schools.” Coalition advocates believe that state lawmakers’ growing investment in vouchers could lead to a school funding system that privileges private education even more in years to come.[65]

Many proponents of voucher expansion have painted it as the state simply supporting parents’ right to choose where their child will be educated, but choice is not the problem, priorities are. The state has not fulfilled its constitutionally mandated responsibility to fairly fund public schools. Key components of the FSFP are still outstanding. Allocating close to $1 billion in public funds for students to take vouchers to private schools is a huge disservice to the 90% of students who attend our public schools.

Ultimately, the way the executive budget proposes to distribute foundation aid over FY 2024-25 will further erode the share going to traditional public schools by allocating a greater share to charters. The proposed budget would send 77.9% of foundation funds to traditional schools, compared to 79.1% in the last budget. Charters would take 10.8%, up from 9.9%. Voucher programs stay at 7.1%, and joint vocational school districts increase to 4.2% from 3.8%.

Recommendations & conclusion

Ohio has underfunded public schools and other essential public services for years.[66] Ohio lawmakers have cut state income taxes since 2005, reducing our ability to provide an equitable education system for all our students, and giving huge windfalls to the wealthiest Ohioans and little or no benefit to people with middle or low incomes.

Policymakers have a constitutional duty to protect public schools. Ensuring a thorough and efficient system of common schools means correcting disparities generated from over-reliance on property taxes by fully implementing the FSFP, with accurate estimates of how much it really costs to educate our kids.

Lawmakers in Ohio need to invest in developing an educator workforce of qualified teachers who are paid fairly for their essential work and strongly supported while doing it. Other pressing issues include a bussing crisis,[67] fewer 5-year-olds prepared for kindergarten,[68]lowered reading and math proficiency scores,[69] chronic absenteeism,[70] and a persistent digital divide.[71]

The state has sufficient revenue to meet these challenges, so long as legislators make public schools and kids a priority. Ohio has the money to fully commit to the FSFP in this budget. Instead of phasing in funding piece by piece, year after year, lawmakers should fully fund it right now. Ohioans must come together to demand lawmakers live up to the promise of the FSFP in the next biennium and beyond.

Republicans in the Ohio legislature love vouchers. They don’t love public schools. First, they created vouchers for Cleveland in 1995 as part of a budget bill. The ACLU challenged the program, and the Supreme Court upheld it in a 5-4 decision called Zelman Vs. Simmons-Harris.

Here is a summary at Case Western Reserve University’s website:

On June 27, 2002, the court ruled 5-4 in favor of vouchers, with Justices Sandra Day OConnor, Antonin Scalia, Anthony Kennedy, and Clarence Thomas joining Chief Justice William Rehnquist in delivering the majority opinion. Rehnquist argued that the program is “entirely neutral with respect to religion.” He explained, “It permits genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice.” Justice David H. Souter offered a harsh dissent, joined by Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen G. Breyer. Souter called the ruling “potentially tragic” as a “major devaluation of the establishment clause.”

Souter was right. Cleveland has had its voucher program in place since 1996. Almost 30 years later, it’s clear that it did not improve academic achievement. Cleveland has participated in the NAEP testing since 2003. It is one of the nation’s lowest scoring urban districts, outperforming only Detroit (a city with many charter schools). Vouchers didn’t make education better in Cleveland and may have made it worse by reducing civic investment in the public schools.

Lots of choices—public, charter, and vouchers—no improvements.

Despite the clear evidence of failure in Cleveland, the Ohio legislature created multiple statewide voucher programs. Initially, they were targeted towards specific high-needs groups, including low-income children.

Now, however, the legislature has raised the income cap again. Students are eligible if their family income is 450% of the federal poverty level.. Enrollment more than tripled, from 24,000 to 82,000, and costs are ballooning. But that won’t slow down the rush to universal vouchers, where the state gives a voucher to every student regardless of family income.

The only statewide evaluation of Ohio vouchers was released in 2016. It was sponsored by the Thomas B. Fordham Institute, a rightwing think tank that supports school choice The findings were negative. Vouchers depressed achievement. But no one cared.

Laura Hancock at Cleveland.com reported:

COLUMBUS, Ohio – The number of applications for Ohio-funded scholarships for private schools has more than tripled this school year over the last after the state legislature increased both the cash amount of the vouchers and family income eligibility, according to new figures.

So far, the state has paid out $166.9 million for private school tuition this year in one of the voucher programs that the legislature expanded.

But that amount will continue to rise. Most private schools collect tuition on a monthly basis, and not all applications to the program have been granted or even submitted. Parents have until the end of the June to submit voucher applications…

According to the latest figures from the Ohio Department of Education and Workforce, the state’s new K-12 agency:

– Thus far in the 2023-2024 school year, 82,610 students have been awarded scholarships to private schools in the one of the five voucher programs that the legislature expanded. In the 2022-2023 school year, families of 24,320 kids received vouchers.

-An additional 8,582 applications had been received as of Jan. 25 but were in need of a correction or were otherwise incomplete.

DEW has changed the way it’s reporting the dollar amount, as reporters have published dozens of stories about the controversial growth in private school vouchers this year. Previously, it reported how much money the state had committed to private school vouchers in the 2023-2024 school year, based on approved student applications.

For instance, in late October, it had committed $239.8 million for 41,120 students whose applications had been approved at the time. That figure raised eyebrows because it suggested the state could go well over the $397.8 million the General Assembly had budgeted for vouchers this school year.

Since then, the number of applications approved has more than doubled, but the state agency is reporting only how much it has paid out rather than its total commitments to date. Calculating that number is difficult without detailed data because the state awards scholarships based on a sliding income scale.

That means the state spend reported now is about $73 million lower than what the state said in October. However, by the end of June, the amount of state money spent is almost guaranteed to be higher.

In the two-year state budget bill passed over the summer, lawmakers expanded voucher eligibility to all families. Among the changes:

-The General Assembly raised the full voucher award from $5,500 to $6,165 this school year for students in K-8 and from $7,500 to $8,407 in 9-12.

-For the full voucher, lawmakers expanded family income eligibility to 450% of the federal poverty level, or $135,000 for a family of four, from the previous 250% of the federal poverty level, or $75,000 for a family of four.

-Lawmakers removed income caps for all families this year, meaning high-income families also can receive scholarships, but the award decreases the wealthier a family is. For instance, families at 451% to 500% of the poverty level are eligible for $5,200 for K-8 and $7,050 for 9-12.

The state has five private school voucher programs. Some are for children with special needs or for families who live in the boundaries of the Cleveland Metropolitan School District. The program with explosive growth this year is Education Choice, which is based on income eligibility. (That is different from an EdChoice program for families who live in the boundaries of low-performing public schools.)

So far this school year, 146,544 Ohio students are receiving a scholarship for one of the five voucher programs, costing the state $428.5 million to date.

A Wednesday report about Ohio’s private school vouchers by ProPublica found that parents with kids in private schools were being pressured to apply for vouchers, even if they were against it on principle. Schools pressured lower-income parents to obtain the scholarships first before asking for financial aid. Some schools appeared prepare to raise tuition, because the increase could be absorbed by parents, now that the state was paying a large chunk of their tuition, the reporting found.

What is more, Ohio’s voucher program enables the revival of discrimination that federal law forbids.

Journalist Marylou Johanek writes:

Public financing of parochial school prejudice is the law in Ohio. Take a minute to process, I’ll wait. The state has opened its coffers to Catholic schools that discriminate. The overwhelming amount of Ohio’s voucher money — free taxpayer money to offset private and religious school tuition — goes to Catholic schools.

The Catholic Diocese of Cleveland receives a ton of voucher funding. It just announced a new anti-LGBTQ+ policy in its 84 private religious schools that is blatantly discriminatory. Your tax dollars at work. Against the LGBTQ+ community. Against highly vulnerable LGBTQ+ youth.

Turns out the Church’s “all are welcome” spin is a conditional precept based on strict adherence to unchristian bigotry. Church leaders in Cleveland put their flock on notice that the universal invitation of acceptance may be rescinded to those who “openly express disagreement with Church teaching on matters of sex, sexuality, and/or gender in an inappropriate or scandalous way.”

The way Jesus turned nonconformists away.

From here on out, Catholic policy in Cleveland elementary and high schools — that rake in millions in taxpayer-funded vouchers — states that every person is expected “to present and conduct themselves in a manner consistent with their God-given biological sex” or face disciplinary action. Apparently, inclusive, affirming, nonjudgmental love is overrated.

The Catholic Diocese of Cleveland aligned itself with “culture war” extremists attacking people who can’t fight back. When an institution as influential as the Cleveland diocese rolled out sweeping prohibitions on LGBTQ+ expression and support in its diocesan-run and parish schools, it effectively blessed the record wave of hateful anti-LGBTQ+ bills being introduced by right-wing politicians in Ohio and Republican statehouses across the country (500 and counting).

Open the link and read it.

ProPublica reported that private schools in Ohio are actively encouraging parents to seek vouchers for their children to supplement their tuition. This enables the private schools to reduce student aid and also to raise tuition.

ProPublica said:

Tara Polansky and her husband were torn about where to enroll their daughter when they moved back to Columbus, Ohio, a year and a half ago. The couple, who work for a nonprofit organization and a foundation, respectively, were concerned about the quality of the city’s public schools and finally decided to send her to Columbus Jewish Day School. It was a long drive out to the suburbs every day, but they admired the school for its liberal-minded outlook.

So Polansky was startled when, in September, the school wrote to families telling them to apply for taxpayer-funded vouchers to cover part of the $18,000 tuition. In June, the Republican-controlled state government had expanded the state’s private-school voucher program to increase the value of the vouchers — to a maximum of $8,407 a year for high school students and $6,165 for those in lower grades — and, crucially, to make them available to all families.

For years the program, EdChoice, targeted mostly lower-income students in struggling school districts. Now it is an entitlement available to all, with its value decreasing for families with higher incomes but still providing more than $7,000 annually for high school students in solidly middle-class families and close to $1,000 for ones in the wealthiest families. Demand for EdChoice vouchers has nearly doubled this year, at a cost to Ohio taxpayers of several hundred million additional dollars, the final tally of which won’t be known for months.

That surge has been propelled by private school leaders, who have an obvious interest: The more voucher money families receive, the less schools have to offer in financial aid. The voucher revenue also makes it easier to raise tuition.

“The Board has voted to require all families receiving financial assistance … to apply for the EdChoice Program. We also encourage all families paying full tuition to apply for this funding,” read the email from the Columbus Jewish Day School board president. She continued: “I am looking forward to a great year — a year of learning, growing, and caring for each other. Let’s turn that caring into action by applying for the EdChoice Program.”

Polansky bridled at the direction. She had long subscribed to the main argument against private school vouchers: that they draw resources away from public education. It was one thing for her family to have chosen a private school. But she did not want to be part of an effort that, as she saw it, would decrease funding for schools serving other Columbus children. Together with another parent, she wrote a letter objecting to the demand.

“For this public money to go to kids to get a religious education is incredibly wrong,” she told ProPublica. “I absolutely don’t want to pull money out of an underfunded school district.”

For decades, Republicans have pushed, with mixed success, for school voucher programs in the name of parental choice and encouraging free-market competition among schools. But in just the past couple of years, vouchers have expanded to become available to most or all children in 10 states: Arkansas, Arizona, Florida, Indiana, Iowa, North Carolina, Ohio, Oklahoma, Utah and West Virginia. The expansion has been spurred by growing Republican dominance in many state capitals, U.S. Supreme Court rulings loosening restrictions on taxpayer funding for religious schools, and parental frustration with progressive curricula and with public school closures during the coronavirus pandemic. Many of the expanded programs are experiencing high demand, which voucher advocates are taking as affirmation of their argument: that families would greatly prefer to send their children to private schools, if only they could afford them.

But much of the demand for the expanded voucher programs is in fact coming from families, many quite affluent, whose children were already attending private schools. In Arizona, the first state to allow any family to receive public funding for private schools or homeschooling, the majority of families applying for the money, about $7,000 per student, were not recently enrolled in public school. In Florida, only 13% of the 123,000 students added to the state’s expanded school-choice program had switched from public school.

In Ohio, the effects of the move toward looser eligibility in recent years was clear even prior to last summer’s big expansion: Whereas in 2018, fewer than a tenth of the students who were newly receiving vouchers that year had not attended a public school the year before, by 2022, more than half of students who were new to EdChoice were already in private schools.


That ratio will climb much higher in Ohio, now that the vouchers are available for families at all income levels and private schools are explicitly telling parents to apply. The surge in applications this school year has been so dramatic that it’s nearing the total enrollment for all private schools in the entire state.

At St. Brendan’s the Navigator, on the other side of the Columbus beltway from the Jewish Day School, the missive arrived on the last day of July. The letter, signed by the Rev. Bob Penhallurick, called the expanded vouchers a “tremendous boon to our school families and Catholic education across Ohio” and said that all families were “strongly encouraged to apply for and receive the EdChoice scholarship.” He noted that, depending on their income level, families could receive up to $6,165 for each child — nearly covering the $6,975 tuition. “Even a small scholarship is a major blessing for you, the school, and the parish,” he wrote.

And then he added, in italics, that if a family did not apply for the vouchers, “we will respect that decision,” but that “supplemental financial aid from the parish in this case will require a meeting” with either himself or another pastor at the school…

At Holy Family School near Youngstown, the directive arrived a few days later, on Aug. 3. “As you are aware, ALL students attending Holy Family School will be eligible for the EdChoice Scholarship. We are requesting that all families register their child/ren for this scholarship as soon as possible,” wrote the school’s leadership. And then it added in bold: “It is imperative that you register for EdChoice for each of your students. We are waiting to send invoices until your EdChoice Scholarship has been awarded.”

In an interview at the school, Holy Family principal Laura Parise said the push to apply for EdChoice had succeeded. “One hundred percent of our students are on it,” she said. “We made it that way — we made our families fill out the form, and we’re going from there.”

There is more. Open the link.

Denis Smith worked for the Ohio Department of Education, where he oversaw the burgeoning charter industry. When I was in Ohio a few years back, another former state official told me that charter lobbyists wrote the state’s charter school law. In their effort to make it palatable to give public money to private entities to run schools, the lobbyists decided to call them “community schools.”

As Denis Smith points out in this article, Ohio is the only state that calls charter schools by that name. In fact, “community schools” have their own definition. They are public schools that offer a wide range of social and even medical services. There are federal programs for charter schools and for community schools: they are not the same. Some charter schools in Ohio operate “for profit.” No community school does.

Smith writes:

More than a quarter-century ago, in a move that undermined the status of the state’s public schools, Ohio Republicans approved legislation that authorized the use of public funds to operate schools run by private management companies. These entities that use public funds to establish and maintain a parallel system of education are called charter schools.

Except in one state, where the legal title for these schools may be an issue that is bound to confuse both policy makers and the public over time.

Indeed, in this nation 44 of the states refer by law to these public-private hybrids as charter schools. Sadly, the Ohio Revised Code calls them something else, community schools. That poor choice of language terminology, an awkward construction from the very beginning of Ohio school privatization, may now pose a problem and continuing confusion as the result of legislation in the U.S. Senate that will expand the existing federal community school program.

That’s right, the federal full-service community school program.

On Nov. 29, Ohio U.S. Sen. Sherrod Brown introduced the Full-Service Community School Expansion Act of 2023 in the U.S. Senate. The legislation seeks to increase the number of school districts and schools in the federally-funded community school program, which shares the same title with the hybrid schools in Ohio but otherwise has no resemblance.  

What policy experts define as a full-service community school was codified in 1991, when Florida legislation defined such an educational program as “the integration of educational, medical, and social and or human services that meets the needs of youth and their families on school grounds or in easily accessible locations.” Indeed, the basic idea of a community school and the terminology for it predated the Ohio legislation that renamed charters as community schools. More on that later.

The initial legislation that established the FSCS program defined the “four pillars of a community school” as having integrated support for students from health and social service agencies, an expanded instructional day for added learning opportunities, community engagement, and collaboration by the school leadership with community service providers.

The federal definition of a community school is instructive, where the school day is extended to enhance learning, and where community organizations provide dental, vision, nutrition, and other key services to help children thrive and be successful in their school experience. If it has been said that it takes a village to raise a child. But it also takes a community to educate a child through public participation in providing the care and support for those who are the future.

This idea of a community school, now defined in federal law, complements the historical image of the little red schoolhouse, which has served as the center of the community since the early days of the republic. In fact, the Northwest Ordinance of 1787 required that a portion of the land in new territories be set aside to support the establishment and funding of public schools. It is also fitting to know that Ohio was the first state to be formed from the Northwest Territory in 1803.

With this historical background and the federal legislation that defines a community school, let’s compare the federal concept of a community school with what is called a “community school” in Ohio.

In 1997, the legislature established in the Ohio Revised Code Chapter 3314- Community Schools, a strange entity that is a hybrid of public funds received by private management companies to educate students. But the problem with these “community schools” is that they are neither of the community nor public in their structure.

As an example, the very idea of a national charter school chain operating multiple schools, whose headquarters may be elsewhere, where its board members sit on the governing bodies of several schools and may not be residents of the communities where the schools are located, is antithetical to the concept of a community school.

So we are back to a contradiction in terms that needs to be addressed. Of all the 45 states that have chosen to operate publicly funded but privately operated schools, Ohio has chosen to use the term “community school” in law when these schools are anything but.

And the reason? You shouldn’t be surprised to know that in this state of gerrymandering and supermajorities, it’s all about politics. Here’s why.

About 15 years ago, a former Republican legislator told a colleague who worked with me in the Ohio Department of Education’s Community (Charter) School Office that there was a concern the initial legislation would not have passed in 1997 if the word charter was used. Community was a “word that sells,” it was thought back then. To this day, it appears that Ohio is the only state which uses such unique language to describe these schools, where community replaces the term charter and sponsor replaces another key term, that of authorizer.

In light of the confusion that will only grow as real community schools continue to develop, public schools with extended-learning formats and support programs provided by collaborating community organizations governed by elected and not appointed community members, it’s time for the legislature to do the right thing and amend Chapter 3314 of the Ohio Revised Code. To put it bluntly, and in light of prevailing federal definitions as found in the Full-Service Community School Program, Ohio community schools are not and cannot be identified as community schools.

Conclusion: Ohio politicians, watch your language. Real community schools, particularly the full-service variety and not charters masquerading as such, are the real thing. Thank you, Senator Brown, for your precise use of language in sponsoring this valuable program and advocacy for community schools. After all, it takes a community to govern, oversee, and support a school, a real community school, that belongs to all of us, and not a national chain or profit-centered business enterprise.

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.