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Ohio high court: Law on school 'takeovers' is constitutional

The suit was filed by the Youngstown City School District, one of three under state control along with Lorain and East Cleveland.

COLUMBUS, Ohio — The Ohio Supreme Court has upheld a law that changed how the state intervenes in repeatedly poor-performing school districts. 

In a split decision, the court ruled Wednesday that the law enabling state-appointed academic distress commissions to take over operational control of such districts is constitutional. The court also rejected arguments that lawmakers skirted a procedural rule about repeated legislative consideration when the changes were pushed through in one day in 2015. 

The suit was filed by the Youngstown City School District, one of three under state control along with Lorain and East Cleveland. Last summer, a compromise by the Ohio House and Senate led to a moratorium of one year without any new academic distress commissions.

A lawyer who argued the challenge by the Youngstown school board and school employees’ unions says they worry the ruling opens the door for lawmakers to use similar tactics to pass other legislation with limited opportunity for public input.

Youngstown NBC affiliate WFMJ reviewed the Supreme Court's opinions in the decision. Writing the Court’s lead opinion, Chief Justice Maureen O’Connor wrote the Court was “sympathetic” to the Youngstown City Schools Board of Education, which challenged the takeover of the district and argued the last-minute addition of the amendment violated the Ohio Constitution’s “three-consideration rule.” However, the chief justice noted the rule does not require any specific level of deliberation or debate as long as the bill is not “vitally altered.”

“It is not our role to police how the amended language came into existence,” she wrote.

Justices Michael P. Donnelly and Melody J. Stewart dissented with separate written opinions.

Justice Donnelly stated that by any fair measure, “the amendments added by the Senate at the 11th hour” did not receive the required three considerations in either house of the General Assembly. He described today’s ruling as a “travesty of justice,” and “an egregious display of constitutional grade inflation.” Justice Stewart wrote the decision is a “complete abdication” of the Court’s role as guardian of the state constitution.

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