H.B. 1 Violates Ohio Constitution’s “Thorough and Efficient” Clause
Yesterday, we here at My School, My Choice took the first steps towards possibly pursuing legal action in order to save Ohio’s public charter schools from the funding cuts proposed by Gov. Strickland and passed by the House in HB 1, as reported here by the Columbus Dispatch.
In a letter addressed to Governor Ted Strickland, Speaker Armond Budish, and Senate President Bill Harris, and accompanied by a memorandum from our legal team, I wrote that the proposed method for funding Ohio’s public charter schools is not only bad policy, but is also illegal under state law, and that we would be prepared for litigation, should it come to that.
Both the General Assembly and the Ohio Supreme Court have declared Ohio’s public charter school system to be “part of the state’s program of education.” Yet HB 1 increases overall public school funding, but separates and removes public charter schools from the budget, significantly decreasing funding to these schools. Under the Ohio Constitution’s “thorough and efficient clause,” federal law prohibits discrimination against the disabled and minorities-two demographics overwhelmingly served by Ohio’s public charter schools when compared to the state’s entire school system. By creating a separate line-item for public charter schools funding, HB 1 places these students on unequal footing with traditional public school students, violating state law.
I hope this wrong can be corrected through the legislative process, but if not, My School, My Choice is prepared to fight for our public charter schools in court. It is too important to Ohio students and to their futures to limit their potential by unfair and underfunded policies.
