Law & Courts

Ohio Court Declares End To DeRolph School Funding Case

By Mary Ann Zehr — May 28, 2003 | Corrected: June 18, 2003 2 min read
  • Save to favorites
  • Print

Corrected: Robert A. Gardner is the Republican who chairs the education committee of the state Senate. We accidentally misspelled his name in this story.

The Ohio Supreme Court has issued its final decision on a state school funding case that has persisted for 12 years.

In the May 16 ruling, the court reiterated its judgment in several previous rulings that the system for financing education violates the state constitution, and that the duty to fix the problem lies with the legislature. (“Ohio Court Rejects State School Aid System,” Jan. 8, 2003.)

But in its 5-2 final ruling, the court also made clear that the long-running case was over—that neither the state high court itself or “any other court” has jurisdiction over the case. That declaration leaves the plaintiffs no mechanism, at least as far as the court is concerned, to ensure that the current unconstitutional system is fixed.

“It’s like the court said, ‘You are guilty but you are free,’” said William L. Phillis, the executive director of the Columbus-based Ohio Coalition for Equity and Adequacy of School Funding, which filed the lawsuit against the state, called DeRolph v. State of Ohio, in 1991.

He said the chances that the legislature would fix the current funding system were slim now, given that the legislature didn’t fundamentally fix the system during the years that the court maintained jurisdiction over the case.

The final ruling was a response to an effort by the plaintiffs to get a lower-court judge—Perry County Common Pleas Court Judge Linton D. Lewis Jr.— to supervise a conference on how the legislature would comply with the supreme court’s judgment.

Ohio Attorney General Jim Petro asked the supreme court to deny that request. In its final ruling, the court clarified that indeed the case was over and no further action regarding it should occur in any state court.

Not in Vain

Gov. Bob Taft, a Republican, recognizes that he and the legislature have the responsibility to make sure the state’s education system is “thorough and efficient,” as required by the Ohio Constitution, said Ann Husted, his communications director.

But “on the same level,” she added, “the governor has the constitutional responsibility to balance the budget.” The budget for fiscal 2004 is now being debated in the state Senate.

Sen. Robert Garner, a Republican who is the chairman of the Senate education committee, said the legislature has already done a lot in the past 10 years to address the problems with the funding system.

He argued, for example, that per-pupil funding for Ohio public school students has more than doubled since the DeRolph lawsuit was filed. And while from 1954 to 1997, the state spent only $174 million on school facilities, it has spent $3.6 billion on such facilities since 1997. “The urgency is over,” Mr. Garner said.

Mr. Phillis, whose group represents the plaintiffs, cited some of the same figures to demonstrate that the plaintiffs had not undertaken the DeRolph lawsuit in vain.

The state would never have increased its spending on school facilities to the extent that it did if his coalition hadn’t filed the lawsuit, Mr. Phillis asserted.

In addition, he said, the case caused the state to clarify that the legislature’s obligation to provide a “thorough and efficient” education to Ohio’s schoolchildren meant providing a high-quality education, not simply keeping school doors open.

However, he said, the state never did what the court had ordered it to do in its decisions.

“There’s been no structural change in the funding,” Mr. Phillis said. He added that lawmakers have failed to tie the funding level with the actual cost of providing a high-quality education.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts LGBTQ+ Rights, Ed. Dept. Cuts, Ten Commandments: A Summer Legal Roundup
Courts weighed in this summer on LGBTQ+ rights, school speech, and religion in classrooms.
11 min read
Demonstrators are seen outside the Supreme Court as oral arguments were heard in Mahmoud v. Taylor on April 22, 2025, in Washington, D.C. The case contends that forcing students to participate in LGBTQ+ learning material violates First Amendment rights to exercise religious beliefs.
Demonstrators are seen outside the Supreme Court as oral arguments were heard in Mahmoud v. Taylor on April 22, 2025, in Washington, D.C. The high court later ruled that parents have a constitutional right to excuse their children from LGBTQ-themed lessons based on religious objections.
Tom Williams/CQ Roll Call via AP Images
Law & Courts With Childhood Vaccination Rates Falling, Debate on Religious Exemptions Grows
There is growing pressure from parents and the Trump administration for exemptions to be expanded. The U.S. Supreme Court could decide.
10 min read
Left: Republican Sen. Laura Wakim Chapman, chair of the West Virginia Senate Health and Human Resources Committee, holds a map of the U.S. on the Senate floor depicting the states, including West Virginia, that do not allow religious or philosophical exemptions for required school vaccinations on Feb. 21, 2025 in Charleston, West Virginia. Right: West Virginia Gov. Patrick Morrisey speaks during a news conference at the Hubert Humphrey Building Auditorium in Washington on April 22, 2025.
Left: A U.S. map of states without religious or philosophical vaccine exemptions. Right: Republican West Virginia Gov. Patrick Morrisey speaks at a news conference in Washington on April 22, 2025. West Virginia is at the center of the ongoing debate over school vaccine mandates after Morrisey this year issued an executive order requiring religious exemptions.
Left: Will Price/West Virginia Legislature; Right: Jose Luis Magana/AP
Law & Courts Supreme Court Rejects Bid to Block Transgender Boy From Male Restrooms at School
A divided Supreme Court declined to pause an injunction blocking a South Carolina law as it applied to a transgender male student.
2 min read
The Supreme Court building is seen on April 30, 2025, in Washington.
The U.S. Supreme Court building is seen on April 30, 2025, in Washington. The high court recently declined to pause a ruling allowing a South Carolina transgender student to use restrooms consistent with his gender identity.
Mark Schiefelbein/AP
Law & Courts School's Confederate Name Violates Students' Free Speech, Judge Says
The district was the first to reverse course and bring back Confederate names for its schools. The litigation is ongoing.
3 min read
Stonewall Jackson High School in Shenandoah County.
The Shenandoah County, Va. school board voted in May 2024 to rename Mountain View High School as Stonewall Jackson High School and Honey Run Elementary as Ashby Lee Elementary four years after the names had been removed. Now, a judge has found the decision to rename the high school violated students' free speech rights.
<a href="https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/" target="_blank" link-data="{&quot;cms.site.owner&quot;:{&quot;_ref&quot;:&quot;00000173-0561-d1f0-a17f-adef4bee0000&quot;,&quot;_type&quot;:&quot;ae3387cc-b875-31b7-b82d-63fd8d758c20&quot;},&quot;cms.content.publishDate&quot;:1757538383770,&quot;cms.content.publishUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;cms.content.updateDate&quot;:1757538383770,&quot;cms.content.updateUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;link&quot;:{&quot;disableUtmTracking&quot;:false,&quot;target&quot;:&quot;NEW&quot;,&quot;attributes&quot;:[],&quot;url&quot;:&quot;https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/&quot;,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77343390000&quot;,&quot;_type&quot;:&quot;ff658216-e70f-39d0-b660-bdfe57a5599a&quot;},&quot;linkText&quot;:&quot;Courtesy of Nathaniel Cline/Virginia Mercury&quot;,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs.enhancementAlignment&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._template&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs.type&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._preset&quot;:null,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs._preset&quot;:null,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77342e50001&quot;,&quot;_type&quot;:&quot;809caec9-30e2-3666-8b71-b32ddbffc288&quot;}">Courtesy of Nathaniel Cline/Virginia Mercury</a>