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Judge temporarily blocks overhaul of Ohio's K-12 educational system

State Education Lawsuit Ohio
Posted at 11:08 PM, Sep 21, 2023
and last updated 2023-09-21 23:08:07-04

COLUMBUS, Ohio — A temporary restraining order issued Thursday stops the transfer of much of the Ohio State Board of Education's authority to a director appointed by the governor.

Seven Ohio school board members filed a lawsuit earlier this week alleging that a Republican-backed overhaul of how the state oversees K-12 education violates the state's constitution. The Franklin County Court of Common Pleas granted a temporary restraining order, stopping any changes from happening until the court makes a decision.

Some of the changes included in the latest state budget include shifting oversight from the State Board of Education and the superintendent it elects to a director appointed by Gov. Mike DeWine. Many of the board's other powers would also be transferred to the new director and the department would be renamed the Department of Education and Workforce.

RELATED | Overhaul of Ohio's K-12 education system is unconstitutional, new lawsuit says

The board members' lawsuit claims the changes weaken their community's voice as 11 of the board's 19 members were elected by the public. The lawsuit also claims the way lawmakers added the overhaul to the budget violates Ohio's single subject rule, which says no bill "shall contain more than one subject, which shall be clearly expressed in its title."

"We are pleased that the judge has maintained the status quo of public education in Ohio while this case proceeds," said Maddy Gitomer, senior counsel at Democracy Forward. "We will remain steadfast in our legal defense of people and communities in Ohio and determined in our effort to declare unconstitutional this brazen power grab by Governor DeWine and the Ohio legislature."

A preliminary injunction hearing is scheduled for Oct. 2, with the bill set to go into effect Oct. 3.

The Associated Press contributed to this story.

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