(The Center Square) – An Ohio state representative wants to cut off state funding for public school districts that are challenging the constitutionality of the state’s $1 billion private school voucher program.
But even supporters of the voucher program concede that the legislation, if passed, would face serious legal challenges.
House bill 671 was introduced this month by Rep. Jamie Callendar, a Republican from Canton.
Calendar did not respond to requests for comments on the legislation.
His proposal drew immediate criticism from school boards challenging the voucher program.
“HB 671 is a classic example of the school yard bully,” the Ohio Coalition for Equity & Adequacy of School Funding said in a statement. “It is a shameful display of an attempt to terrorize school district personnel for exercising their legal rights. This bill, if enacted, will most certainly immediately be challenged in court.”
Jeff Wensing, president of the Ohio Education Association “strongly opposes” the bill. Adding in a statement that it would have a “devastating” effect on school districts that have already seen taxpayer funds diverted to the voucher program.
“HB 671 is a punitive measure aimed at silencing legitimate opposition, restricting access to the courts, and denying districts their legal right to advocate for their students,” Wensing said. “Ohio lawmakers must stand up to these bullying tactics and stop this bill from moving forward in the General Assembly.”
The Buckeye Institute, an independentresearch and educational think tank, shares Callendar’s concerns about school systems using taxpayer money to sue the state, Greg R. Lawson, senior research fellow, told The Center Square.
But the bill would almost surely face a serious court fight, Lawson said.
“I’m not sure whether it is constitutional or unconstitutional,” he added. “There is an argument for it, but I think it could go farther than would be found constitutional. But nobody knows until it gets litigated and judges rule.”
The Buckeye Institute filed a friend-of-the court brief in support of vouchers in the lawsuit filed by the school districts.
“We certainly believe in school choice,” he said. “We believe the school funding system is constitutional. Frankly, there is no questions about that from a legal perspective.”
Last year, a state court judge ruled in favor of the school system’s challenge of the voucher system.
“The state may not fund private schools at the expense of public schools or in a manner that undermines its obligation to public education,” Franklin County Common Pleas Judge Jaiza wrote in a 42-page ruling, which struck down the program.
The state appealed.
