In the case of Youngstown Cty. School Dist. v. State, 2018-Ohio-2532, an Ohio appellate court upheld House Bill No. 70, which provides for the creation of an academic distress commission that has broad control over a school district, as constitutional.
The pertinent sections of House Bill No. 70 as related to this case involve the creation of an academic distress commission which has the power to appoint a chief executive officer to preside over a struggling school district. These chief executive officers have complete, “operational, managerial, and instructional control over the school district.”
The school board claimed that the bill took away the school boards power of local self-governance as provided in the Ohio constitutional. The school board was concerned that the chief executive officer could circumvent any decisions made by the school board.
The Ohio appellate court found otherwise and stated that the officer, although given complete control over some areas of decision-making, did not have limitless power. Additionally, the Ohio Constitution places the role of creation and modification of school boards with the General Assembly which is allowed to modify the powers of school boards. Therefore, the bill is constitutional because the bill did not take total power away from the school board and the General Assembly has the right to modify school boards and their 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 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.