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 Court Rejects Discipline of Student Whose Post Mocked George Floyd's Death
An appeals court ruled that a student's off-campus social media post is constitutionally protected.
4 min read
Illustration of the arm of Statue of Liberty with various speech bubbles coming out of the top of her torch
DigitalVision Vectors
Law & Courts Appeals Court Heightens Stakes Over Ten Commandments School Laws
A full federal appeals court will review Texas and Louisiana laws requiring Ten Commandments displays in schools.
2 min read
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
John Bazemore/AP
Law & Courts Ed. Dept. Can't Cancel Dozens of School Mental Health Grants, Judge Rules
The grants, valued at $1 billion, help schools employ more mental health professionals.
5 min read
Social worker Mary Schmauss, right, greets students as they arrive for school on Oct. 1, 2024, at Algodones Elementary School in Algodones, N.M.
A social worker greets students as they arrive for school on Oct. 1, 2024, at Algodones Elementary School in Algodones, N.M. A judge on Oct. 27 said the Trump administration couldn't cancel about four dozen mental health grants that funded school district hiring of school social workers, counselors, and psychologists to boost school mental health services.
Roberto E. Rosales/AP
Law & Courts Educational Toy Companies Lead Supreme Court Battle Over Trump Tariffs
Two Illinois family-owned educational toy companies are challenging the president’s tariff policies.
8 min read
Spike the Fine Motor Hedgehog and Botley the Coding Robot (bottom right), two educational toys created by Learning Resources Inc.
Spike the Fine Motor Hedgehog and Botley the Coding Robot (bottom right), two educational toys created by Learning Resources Inc. The Illinois company is one of two related educational toy makers challenging President Donald Trump’s tariffs before the U.S. Supreme Court.
Courtesy of Learning Resources