A bill introduced in the House last week would allow the state to pull the money it sends to a public school district if that district sues over its state funding. While districts are calling the proposal a violation of their right to pursue legal action on behalf of students, a prominent senator is backing the idea.
House Bill 671 from Rep. Jamie Callender (R-Concord Twp.) would allow the Department of Education and Workforce to withhold state foundation funding for any school district that's part of a legal action over state funding, including voucher programs. The funding would be released when the legal action is either dropped or the case ends. The bill comes as more than half of the state's over 600 school districts are suing over the expansion of EdChoice vouchers.
Sen. Jerry Cirino (R-Kirtland) is throwing his support behind the bill, saying the state sends billions to public schools and should have options.
"It's bothered me for some time that that school systems are suing the state and utilizing tax dollars to subsidize those legal costs," Cirino said in an interview. "We're the same entity that is providing billions of dollars every year to these school systems. And I just find it repugnant that they're turning around and bypassing other ways that they have and other means to express themselves make their opinions known if they differ with how we are doing things in the legislature."
Cirino said some might see this as retaliatory, but he says it’s within lawmakers’ rights to look at what they’re funding.
“I just think it's wrong, and I think one of the great powers that we have as a legislature is the power of the purse, and I think we should use that more frequently," Cirino said.
The group Vouchers Hurt Ohio, which is the coalition of districts suing the state, fired back in a statement.
"This appears to be another attempt to intimidate and bully," said Eric Brown, the Vouchers Hurt Ohio Steering Committee chair and former Ohio Supreme Court chief justice. "The school districts have a long-standing constitutional right to pursue legal action on behalf of their students."
Cirino is not a lawyer, so he said he isn't sure if the bill is constitutional, but "it shouldn't stop us from doing what we think is the right thing."
HB 671 has been assigned to the House Finance Committee, but hasn't been set for a hearing.
