COLUMBUS, Ohio — The Ohio education system is in limbo.
A Columbus judge has once again blocked the GOP effort to overhaul the K-12 public education system by taking the power away from the Ohio Dept. of Education and giving it to the governor's office.
"The changes that have moved forward, which I believe are unconstitutional and illegal, remove the voice of parents when it comes to public education," state board member Michelle Newman said.
In the fight against a K-12 public school overhaul, Newman and other Board of Education (BOE) members filed a lawsuit against the state for overreach.
Right now, the board is responsible for what K-12 education looks like in the state.
Starting after the Nov. 2022 election, seven of the 11 elected seats are held by Democrats. The elected seats ensure that the total board can't pass all resolutions it wants, since it needs a 2/3 majority. Of the 19 total seats, eight were appointed by Gov. DeWine. Now, with 12 GOP seats, a Democrat would need to switch over for policy to pass. This could change depending on attendance.
But a provision in the state budget strips the members from developing education policy, establishing financial standards and implementing programs. Those duties would be given to the governor's new Department of Education and Workforce.
Seven board members filed a lawsuit, arguing the state constitution protects the state board’s independence.
Read more about the lawsuit on News 5 Cleveland's media partner Ohio Capital Journal.
Case Western Reserve University law professor Jonathan Entin explained that this week, Franklin County Judge Karen Held Phipps gave a small win to Newman.
"There is a temporary order that freezes the situation in place while the case plays out on a reasonably expedited basis," Entin said.
Held Phipps decided that the temporary restraining order (TRO) against the overhaul that is currently in effect will remain until Oct. 20.
This comes after she punted the GOP effort on Monday, extending the TRO until Oct. 5.
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This curbs the plans of Ohio Gov. Mike DeWine, who was set to control a new education department.
"The children of the state deserve to have this matter resolved and we need to move on," DeWine said Thursday.
Many Republican lawmakers have said that the BOE has been a failing for years. The members haven't found a superintendent and delayed their actual jobs to debate culture war issues they have no jurisdiction over, lawmakers argued.
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Despite initially saying that he was going to move forward with the transfer of powers, yet still respect the law, DeWine has since backtracked.
"This is the way our judicial system works and we respect that system," he added.
Until a court decision, the Dept. of Ed. and the board are set to function as normal.
"Maintaining the status quo of a partially elected state Board of Education allows voices to continue to be at the table," Newman said.
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