Youngstown school district sues to block new CEO and state's surprise takeover plan
YOUNGSTOWN, Ohio -- The Youngstown school district has filed suit to block the new state takeover plan that Gov. John Kasich and the state legislature sprung on the city this June.
The district and several backers want the new plan that the legislature passed in House Bill 70 declared unconstitutional.
The bill drastically changes how the state can step in to run "failing" school districts by creating a CEO position, allowing mayors to appoint school board members and giving the CEO power to override parts of union contracts.
The Youngstown district and supporters also ask Franklin County Common Pleas Court for a preliminary injunction to block creation of a new "academic distress commission" to oversee the schools, as well as to prevent hiring of a chief executive officer to run the district.
The Ohio Education Association, the Youngstown Education Association, and the American Federation of State, County, and Municipal Employees joined the district in the suit.
The court action takes issue with how quickly the legislature passed the bill -- introducing major changes and passing them in the Ohio Senate and House, all on June 24.
Kasich and state Superintendent Richard Ross helped prepare the bill and work with the legislature, in secret, ahead of the introduction of the changes. Ross even kept his work on the plan secret from the state school board that hires him.
The Youngstown mayor, school board, teachers and parents had no opportunity to testify about the changes in the bill before it was passed.
"Reasonable minds may disagree on the steps necessary to improve education in Youngstown City Schools and in every district across the state," the district's press release states. "However, when vitally altered bills are secretly drafted and made law over the course of a single day, the students, parents, employees and taxpayers of Ohio are not well-served."
Quick passage and the broad powers that will be given to the new CEO prompted the Ohio Education Association, one of the state's two largest teachers unions, to join the suit, said OEA President Becky Higgins.
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"Educators want to be able to advocate for their students," Higgins said in a news release. "The plan to turn over decision-making authority in the Youngstown schools to single person -- a CEO -- would effectively silence the voices of educators. That's unacceptable. Educators are committed to improving the Youngstown schools, and they need to be heard."
Asked for a response to the suit, Kasich and his staff did not directly address the issues in the case, just the goals of the changes.
"The governor was proud to sign legislation that helps students who are trapped in struggling schools," said Joe Andrews, spokesman for the governor. "Kids in failing schools like Youngstown can't lose another generation waiting for progress. By energizing the support systems around them we can give them the opportunity they deserve to reach their potential."
The lawsuit argues that the legislature skipped required steps as it passed changes to HB 70 affecting Youngstown.
"In its haste to approve this bill, this case asserts that, the Ohio House and Senate violated the three-reading rule, Art. II, §15(C) of the Ohio Constitution, which requires that "every bill shall be considered by each house on three different days...." the district's news release states.
It then cites a 1985 court ruling that noted the rule:
"..provides time for more publicity and greater discussion and affords each legislator an opportunity to study the proposed legislation, communicate with his or her constituents, note the comments of the press and become sensitive to public opinion. Adherence to this rule helps to ensure well-reasoned legislation."
The lawsuit also says that by imposing a CEO on the district and altering the powers of Youngstown school district sues to block new CEO and state's surprise takeover plan | cleveland.com:
