Judge temporarily stops removal of power from Ohio State Board of Education

(The Center Square) – A new, governor-appointed K12 education agency with most of the authority currently held by the state school board in Ohio is on hold for at least 14 days.

Franklin County Common Pleas Judge Karen Held Phipps issued a temporary injunction on the part of the state budget that creates an appointed cabinet-level position of director of education.

She set an Oct. 2 hearing, a day before control would change from the state board of education to an appointed member of Gov. Mike DeWine’s cabinet.

That person would assume control of a state education department divided into primary and secondary education and career tech education. The only authority the state board would continue to have would be over boundary and transfer issues and teacher licensing.

Seven state board members sued to stop the change, arguing the law violates a constitutional provision that laws contain a single subject. Phipps agreed and said there was a likelihood the plaintiffs would win on the merits of their claims.

The most recent push to remove power from the State Board of Education came after the November 2022 election when Democrats picked up three additional elected seats – two previously held by Republicans – to have a majority, as previously reported by The Center Square.

That legislation failed to pass before the session ended in December but returned during the new General Assembly in January.

It also failed to gain traction until Republicans folded it into the state budget, which passed in June and was signed into law by DeWine in July.

By law, the governor appoints eight of the 19 members of the state board. The remaining 11 members are elected.

In 2007, Gov. Ted Strickland issued a directive to revamp Ohio’s public education system. He wanted to streamline coordination between the state’s public schools and post-secondary institutions in the state, including colleges and adult career centers.

In 2015, Gov. John Kasich sought to alter the roles and structure of the board.

Both attempts failed.