Lawsuit to Stop the
State Takeover of Public Education
State Takeover of Public Education
UPDATES:
November 3, 2023: Plaintiffs filed an objection to Franklin County Magistrate Jennifer Hunt's denial for a preliminary injunction issued on October 20. The filing argues that the magistrate judge’s opinion was in error and that a preliminary injunction on the Education Takeover Rider should be issued. Read Democracy Forward press release.
October 20, 2023: Governor Mike DeWine appointed Jessica Voltolini to serve as the interim director of the Department of Education and Workforce beginning October 23, 2023. She will lead the department as state officials resume their search for the Department of Education and Workforce director and deputy director positions. Voltolini most recently served as the Ohio Department of Education’s chief of staff, and previously as the director of policy and legislative affairs and assistant legal counsel. She was one of two candidates former interim superintendent of public instruction Dr. Stephanie Siddens recommended to fill her role when she left the department earlier this year.
October 20, 2023: Franklin County Magistrate Jennifer Hunt denied the request for a preliminary injunction to pause the state takeover while the courts heard the lawsuit. Retired Franklin County Common Pleas Court Judge Richard Frye, who is filling in for Franklin County Common Pleas Court Judge Karen Phipps, approved Judge Hunt's denial. The decision came on the same day that a 2-week temporary restraining order, granted by Franklin County Common Pleas Court Judge Karen Phipps, was set to expire.
October 9, 2023: Ray & Associates, the firm leading the search process for Ohio's next state superintendent, sent a letter to the State Board of Education stating it is pausing the search process because of “the recent lawsuit and other events that surround the Board’s current situation.”
October 9, 2023: Larry Obhof filed a notice that he is replacing Julie Pfeiffer, section chief at the Ohio Attorney General’s Office, as counsel for the defense.
October 9, 2023: Franklin County Common Pleas Court Judge Karen Held Phipps disqualified Bridget Coontz as an Attorney General lawyer representing the seven members of the State Board of Education after she was found to be counseling the defense. Judge Held removed Coontz, Chief Counsel and Ethics Officer for the Ohio Attorney General, for sending an email on October 3 that included legal advice for Julie Pfeiffer who is counsel for the defense and the section chief at the Ohio Attorney General’s Office.
October 4, 2023: On October 4, 2023, Franklin County Common Pleas Court Judge Karen Held Phipps extended the temporary restraining order granted on September 21, 2023, until October 20, 2023, with additional briefs due on October 16. The original order blocked the state and Governor Mike DeWine from “enforcing, implementing, (and) complying with” the state takeover of public education adopted into the 2024-2025 State Operating Budget. That includes “creating” the new education department and appointing a director to take on most of the state board's responsibilities.
October 2, 2023: Immediately following an all-day preliminary injunction hearing where Franklin County Magistrate Jennifer Hunt extended the temporary restraining order blocking the state takeover of public education, Governor Mike DeWine held a press conference announcing that the takeover would still go into effect on Oct 3, 2023, despite the court order preventing it from happening. Governor DeWine stated that the Ohio Department of Education would cease to exist at midnight and the Ohio Department of Education and Workforce (DEW) would roll into effect. In an effort to comply with parts of the court order, DeWine stated that he would not name a DEW director and would allow the State Board of Education and Interim Superintendent Chris Woolard to retain their full roles, duties, and responsibilities.
During the preliminary injunction hearing, Judge Hunt heard proponent testimony from Dr. Christina Collins, Stephanie Eichenberg and Toledo Public School Board President Sheena Barnes, and heard opponent testimony from Ohio Department of Education Chief of Staff Jessica Voltolini. The judge gave both parties of the suit until noon on October 4 to submit additional briefs before issuing a ruling on the preliminary injunction.
After DeWine's announcement, the plaintiffs filed a motion to clarify the temporary restraining order, stating that his complying with the new department's existence disobeys the court order.
October 1, 2023: Judge Phipps granted the substitution motion in part, allowing Chief Counsel and Ethics Officer for the Ohio Attorney General Bridget Coontz to appear on behalf of the seven original plaintiffs as it related to the claims brought by plaintiffs in their official capacities as board members. Democracy Forward was allowed to continue to represent Collins and Newman in their capacities as parents of children attending public schools and the suit, and two new plaintiffs were added, Toledo Public School Board, and Stephanie Eichenberg (former Toledo Public School Board president).
September 27, 2023: Chief Counsel and Ethics Officer for the Ohio Attorney General Bridget Coontz filed a motion to substitute Democracy Forward with the Attorney General as counsel for the seven State Board of Education members.
September 21, 2023: On September 21, 2023, Franklin County Common Pleas Court Judge Karen Phipps issued a 14-day temporary restraining order against the state takeover of public education scheduled for October 3, 2023. Judge Phipps also set a preliminary injunction hearing for October 2, 2023, to decide if the takeover will be on hold while the lawsuit moves through the courts. During the hearing, Judge Phipps stated that she believes there is a “substantial likelihood that Plaintiffs will prevail on the merits” of the case and that the plaintiffs would suffer “irreparable harm” if implementation proceeds while the defendants would not. This order provides immediate relief for the State Board members and means the status quo will be preserved until a preliminary injunction hearing on October 2. The next hearing will allow more in-depth arguments from both parties and give the court a chance to rule ahead of the takeover's effective date of October 3.
October 20, 2023: Governor Mike DeWine appointed Jessica Voltolini to serve as the interim director of the Department of Education and Workforce beginning October 23, 2023. She will lead the department as state officials resume their search for the Department of Education and Workforce director and deputy director positions. Voltolini most recently served as the Ohio Department of Education’s chief of staff, and previously as the director of policy and legislative affairs and assistant legal counsel. She was one of two candidates former interim superintendent of public instruction Dr. Stephanie Siddens recommended to fill her role when she left the department earlier this year.
October 20, 2023: Franklin County Magistrate Jennifer Hunt denied the request for a preliminary injunction to pause the state takeover while the courts heard the lawsuit. Retired Franklin County Common Pleas Court Judge Richard Frye, who is filling in for Franklin County Common Pleas Court Judge Karen Phipps, approved Judge Hunt's denial. The decision came on the same day that a 2-week temporary restraining order, granted by Franklin County Common Pleas Court Judge Karen Phipps, was set to expire.
October 9, 2023: Ray & Associates, the firm leading the search process for Ohio's next state superintendent, sent a letter to the State Board of Education stating it is pausing the search process because of “the recent lawsuit and other events that surround the Board’s current situation.”
October 9, 2023: Larry Obhof filed a notice that he is replacing Julie Pfeiffer, section chief at the Ohio Attorney General’s Office, as counsel for the defense.
October 9, 2023: Franklin County Common Pleas Court Judge Karen Held Phipps disqualified Bridget Coontz as an Attorney General lawyer representing the seven members of the State Board of Education after she was found to be counseling the defense. Judge Held removed Coontz, Chief Counsel and Ethics Officer for the Ohio Attorney General, for sending an email on October 3 that included legal advice for Julie Pfeiffer who is counsel for the defense and the section chief at the Ohio Attorney General’s Office.
October 4, 2023: On October 4, 2023, Franklin County Common Pleas Court Judge Karen Held Phipps extended the temporary restraining order granted on September 21, 2023, until October 20, 2023, with additional briefs due on October 16. The original order blocked the state and Governor Mike DeWine from “enforcing, implementing, (and) complying with” the state takeover of public education adopted into the 2024-2025 State Operating Budget. That includes “creating” the new education department and appointing a director to take on most of the state board's responsibilities.
October 2, 2023: Immediately following an all-day preliminary injunction hearing where Franklin County Magistrate Jennifer Hunt extended the temporary restraining order blocking the state takeover of public education, Governor Mike DeWine held a press conference announcing that the takeover would still go into effect on Oct 3, 2023, despite the court order preventing it from happening. Governor DeWine stated that the Ohio Department of Education would cease to exist at midnight and the Ohio Department of Education and Workforce (DEW) would roll into effect. In an effort to comply with parts of the court order, DeWine stated that he would not name a DEW director and would allow the State Board of Education and Interim Superintendent Chris Woolard to retain their full roles, duties, and responsibilities.
During the preliminary injunction hearing, Judge Hunt heard proponent testimony from Dr. Christina Collins, Stephanie Eichenberg and Toledo Public School Board President Sheena Barnes, and heard opponent testimony from Ohio Department of Education Chief of Staff Jessica Voltolini. The judge gave both parties of the suit until noon on October 4 to submit additional briefs before issuing a ruling on the preliminary injunction.
After DeWine's announcement, the plaintiffs filed a motion to clarify the temporary restraining order, stating that his complying with the new department's existence disobeys the court order.
October 1, 2023: Judge Phipps granted the substitution motion in part, allowing Chief Counsel and Ethics Officer for the Ohio Attorney General Bridget Coontz to appear on behalf of the seven original plaintiffs as it related to the claims brought by plaintiffs in their official capacities as board members. Democracy Forward was allowed to continue to represent Collins and Newman in their capacities as parents of children attending public schools and the suit, and two new plaintiffs were added, Toledo Public School Board, and Stephanie Eichenberg (former Toledo Public School Board president).
September 27, 2023: Chief Counsel and Ethics Officer for the Ohio Attorney General Bridget Coontz filed a motion to substitute Democracy Forward with the Attorney General as counsel for the seven State Board of Education members.
September 21, 2023: On September 21, 2023, Franklin County Common Pleas Court Judge Karen Phipps issued a 14-day temporary restraining order against the state takeover of public education scheduled for October 3, 2023. Judge Phipps also set a preliminary injunction hearing for October 2, 2023, to decide if the takeover will be on hold while the lawsuit moves through the courts. During the hearing, Judge Phipps stated that she believes there is a “substantial likelihood that Plaintiffs will prevail on the merits” of the case and that the plaintiffs would suffer “irreparable harm” if implementation proceeds while the defendants would not. This order provides immediate relief for the State Board members and means the status quo will be preserved until a preliminary injunction hearing on October 2. The next hearing will allow more in-depth arguments from both parties and give the court a chance to rule ahead of the takeover's effective date of October 3.
About the Lawsuit
On September 19, 2023, seven members of the State Board of Education, Democracy Forward, and Ulmer & Berne LLP filed a lawsuit to stop the unconstitutional state takeover of public education that strips families, local school districts, and communities of their voices and gives that power to the governor. Board members believe that the takeover will result in a public education system in Ohio that is no longer responsive to the needs of everyday people, but rather the desires and whims of the Governor and the special interests that have quick access to the governor’s office. This brazen power grab flies in the face of Ohio residents who value local input and control over their children’s education.
The state takeover, shifting significant roles and duties of the State Board and the Ohio Department of Education to the newly created Department of Education and Workforce, was introduced as Senate Bill 1 in January 2023, and later adopted into the 2024-2025 State Operating Budget (House Bill 33) in July 2023.
In addition to silencing Ohio families and voters, the suit also states that the takeover violates three provisions of the Ohio Constitution:
- the creation and purpose of the State Board of Education in Article VI, Section 4
- the single subject rule preventing any single bill from addressing more than one subject so legislators are unable to sneak unpopular pieces of legislation into unrelated, must-pass bills
- the three reading rule requiring that a bill is considered by the House and Senate on three separate days
The original seven State Board plaintiffs:
- Dr. Christina Collins, District 7
- Senator Teresa Fedor, District 2
- Katie Hofmann, District 4
- Tom Jackson, District 10
- Meryl Johnson, District 11
- Dr. Antoinette Miranda, District 6
- Michelle Newman, District 8
Democracy Forward press release, September 19, 2023:
The complaint, filed in the Court of Common Pleas in Franklin County, alleges that by shifting core responsibility for education governance and oversight in Ohio away from the Board, the “Education Takeover Rider” violates Article VI, Section 4 of the Ohio Constitution. The suit seeks to obtain a temporary restraining order to stop the changes from going into effect, and then preliminarily and permanently enjoin enforcement of, and declare facially unconstitutional and void, the Education Takeover Rider.
Additionally, plaintiffs argue that Education Takeover Rider violates two additional constitutional provisions– the single subject rule and the three-reading rule. The Ohio Constitution contains various safeguards to ensure that the legislative process is transparent and democratic – including prohibiting any single bill from addressing more than one subject so legislators are unable to sneak unpopular pieces of legislation into unrelated, must-pass bills. Even though it had almost no impact on the budget, and after it was unable to pass the Ohio House on its own, the Education Takeover Rider was unconstitutionally attached to the budget bill and rammed through at the last moment to ensure it would pass.
RESOURCES:
MEDIA:
- Learn more at Democracy Forward
- Social Media Toolkit
- Read the complaint
- Follow Democracy Forward on FB • Instagram • X
MEDIA:
- Ohio moves ahead with removing power from state school board, The Center Square
- Judge rules overhaul of Ohio K-12 education can begin; DeWine names interim education director, Ohio Capital Journal
- Ohio education overhaul can move forward after judge denies preliminary injunction, Columbus Dispatch
- Ohio court OKs GOP-backed education overhaul, says stalling would cause ‘chaos’ as lawsuit continues, Associated Press
- Despite Ohio State Board of Education President canceling meeting, 11 members met anyway, Ohio Captial Journal
- When a judge will make decision in battle over Ohio Department of Education, NBC4
- Ohio AG lawyer for plaintiffs disqualified from education lawsuit after giving advice to the defense, Ohio Capital Journal
- The State Of Ohio Show October 6, 2023, PBS
- Judge delays decision in Ohio's lawsuit over who controls public education, Columbus Dispatch
- Judge extends restraining order on Ohio's K-12 education overhaul, WBNS
- Ohio governor and elected education leaders both say they’re in charge, Washington Post
- Plaintiffs say restraining order should have stopped Ohio K-12 education overhaul from starting, Ohio Capital Journal
- Judge continues to block Ohio K-12 public education overhaul, setting off 'crisis,' governor says, WEWS
- DeWine says parts of Ohio’s K-12 education overhaul can proceed despite court order, Cleveland.com
- Governor begins Ohio’s K-12 education overhaul despite judge extending temporary restraining order, Ohio Capital Journal
- DeWine: Part of overhaul of K-12 education will happen at midnight despite a court order, Columbus Dispatch
- TPS approves joining lawsuit to block takeover of Ohio's board of education, The Blade
- Judge delays for 14 days education overhaul law that guts OH state school board, Cleveland.com
- Judge temporarily blocks Republican-backed overhaul of Ohio’s education system following lawsuit, Associated Press
- Judge blocks law to move power over Ohio's K-12 education to governor's office, Columbus Dispatch
- Judge blocks law stripping state education board of powers, Toledo Blade
- Overhaul of Ohio’s K-12 education system is unconstitutional, new lawsuit says, AP News
- Ohio State Board of Education members sue to stop major overhaul of K-12 schools, Dispatch
- Lawsuit filed to block sweeping Ohio 'education takeover’, Toledo Blade
- A 1953 amendment created the Ohio school board. Are bills that gut its power constitutional?, Cleveland.com
About the State Takeover of Public Education
The state takeover of public education is a sweeping legislative power grab that shifts oversight and control of Ohio public education from the State Board of Education and Ohio Department of Education to the Ohio Governor and Senate. The measure strips vital roles and duties from the State Board, reduces the role of the State Superintendent to an advisor, and silences the voices of Ohio families and voters who are entitled to representation at the State Board. Not only is this measure blatantly anti-democratic, it is an unconstitutional maneuver that violates the creation and purpose of the State Board.
Details of the state takeover include:
- Creates the Department of Education and Workforce (DEW), replacing the current Ohio Department of Education
- Governor appoints and the Senate confirms the DEW director and two deputy directors (one for K-12 education, the other for workforce)
- Reduces responsibilities of the State Board to handling discipline and licensure issues of educators and school district territory transfers
- Reduces the role of the state superintendent (chief administrative officer of ODE), to an advisory role for DEW
Political Retribution
This takeover is grounded in political retribution and retaliation for the election of three equity-focused, student-centered State Board of Education members back in November 2022.
The takeover was originally introduced as Senate Bill 178 in 2021, but remained dormant until days after the November 2022 General Election. That's when certain Statehouse leaders and groups worked to fast-track SB 178 through lame duck, in response to the election of three principled, equity-focused State Board members. Legislators knew that this election eliminated the extremist majority control over the State Board of Education. The new board members (Senator Teresa Fedor, District 2; Katie Hofmann, District 4; Tom Jackson, District 10) replaced other members who voted to repeal the board's anti-racism resolution and voted to strike down Title IX anti-discrimination protections for LGBTQ+ students.
Thankfully, SB 178 failed to pass the House in the late hours of lame duck, but the effort was immediately reintroduced in early 2023 as Senate Bill 1 and House Bill 12. Again, both bills failed to advance in the House, so legislators and Governor Mike DeWine adopted the takeover into the 2024-2025 State Operating Budget (House Bill 33) on July 4, 2023.
Attacks on Public Education at the State Board
About the State Board of Education
