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The Ohio Legislature Can Effectively Remove All Powers of School Boards

In the case Youngstown City School Dist. Bd. of Ed. v. State, Slip Opinion No. 108541, 2020-Ohio-2903, the Ohio Supreme Court held that legislation that allows an academic distress council to effectively remove all power from a city school district is constitutional under the Ohio Constitution.

In this case, a school district challenged legislation on the grounds that the legislature removed all power from school boards that satisfy certain conditions set forth in the legislation. The school district argued that while the Ohio Constitution grants the legislature broad power to regulate public education, some powers under the Constitution are reserved to the voters who elect members of school boards.

The Ohio Supreme Court held that the Ohio Constitution only grants electors the ability to determine the number of members and structure of school boards, but does not require that those school boards have any particular powers.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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