OHIO

Constitutional Clause/Language

“The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of,
any part of the school funds of this state.”

Ohio Const. art. VI, s. 2

Major Court Decision: DeRolph v. State, 677 N.E.2d 733 (Ohio. 1997).

Result: Financing System Overturned

Summary: The Ohio Supreme Court refused to affirm that education was a fundamental right.  However, it did hold that the funding system, which relied on local property taxes as its chief form of revenue, did not satisfy the education clause’s requirement of a “through and efficient” form of education.

Key Quotes:

“We recognize that disparities between school districts will always exist. By our decision today, we are not stating that a new financing system must provide equal educational opportunities for all. In a Utopian society, this lofty goal would be realized. We, however, appreciate the limitations imposed upon us. Nor do we advocate a ‘Robin Hood’ approach to school financing reform. We are not suggesting that funds be diverted from wealthy districts and given to the less fortunate. There is no ‘leveling down’ component in our decision today.”  Id. at 746.

“Moreover, in no way should our decision be construed as imposing spending ceilings on more affluent school districts. School districts are still free to augment their programs if they choose to do so. However, it is futile to lay the entire blame for the inadequacies of the present system on the taxpayers and the local boards of education. Although some districts have the luxury of deciding where to allocate extra dollars, many others have the burden of deciding which educational programs to cut or what financial institution to contact to obtain yet another emergency loan. Our state Constitution makes the state responsible for educating our youth. Thus, the state should not shirk its obligation by espousing clichés about ‘local control.’”  Id.

“Ohio's elementary and secondary public school financing system violates state constitutional provision which requires General Assembly to secure a ‘thorough and efficient system of common schools’ throughout the state, in light of evidence that many school districts lack sufficient funds to provide students with safe and healthy learning environment and cannot provide basic resources necessary to educate those students; specifically, statutes granting borrowing authority to school districts, emergency school assistance loan provisions, the school foundation program, and the Classroom Facilities Act, to the extent that it is underfunded, are unconstitutional.”  Id. at 747.