Tuesday, February 29, 2000
Justices to look at will mull tobacco windfall
High court revisits funding for schools
BY MICHAEL HAWTHORNE
Enquirer Columbus Bureau
COLUMBUS — State leaders want to make sure the Ohio Supreme Court realizes the General Assembly set aside $4.5 billion in tobacco settlement funds for school construction.
Three months after the court heard oral arguments in the latest round of Ohio's school-funding battle, the justices on Mondaygave Attorney General Betty Montgomery's office authority to add the recently approved tobacco spending plan to the official record.
Allowing the late-breaking information is somewhat unusual. Written arguments generally are received by the court up to a certain date before lawyers debate their case before the seven justices.
Nevertheless, Justice Paul Pfeifer said the tobacco windfall likely will be considered as the court decides whether the state complied with a 1997 decision that ordered lawmakers to overhaul the way public schools are funded.
Buildings rated worst
“It could be totally meaningless,” Justice Pfeifer said in a brief interview. “But it would be here in time to be looked at. We are still in the writing stage at this point.”
When the court voted 4-3 three years ago to strike down the old school-funding system, the majority decision used graphic descriptions to condemn the shoddy condition of many Ohio school buildings.
Some children attended classes in converted coal bins while others in wealthier districts enjoyed fully equipped biology labs. A 1996 federal report determined Ohio's school buildings were the worst in the 50 states.
Gov. Bob Taft has vowed to fix all the state's schools during the next 12 years by spending $10 billion in state funds if local school districts provide $13 billion.
Critic not impressed
Money from the state's legal settlement with tobacco companies would account for $2.5 billion of the money promised by Mr. Taft. Another $2 billion in tobacco funds would be set aside for school construction between 2012 and 2024.
William Phillis, leader of the coalition of schools that successfully sued the state for changes, said the dollars promised by state leaders sound big and impressive. But they pale when compared with the repairs and renovations needed statewide, he said.
“The state itself estimated the need in 1997 at $16.5 billion, and this would only set aside $250 million a year,” Mr. Phillis said. “I hope the court considers it, but within the proper context.”
Schools shouldn't be hurt
Although legislative leaders have repeatedly said the state shouldn't count on the tobacco money — the first two settlement checks were smaller than expected — they took extra steps to show the court that money for schools would virtually be guaranteed.
Schools will get a set amount of tobacco money each year. By contrast, money for smoking prevention, biomedical research and other programs will be distributed on a percentage basis, leaving less for those initiatives if the annual tobacco checks are smaller than expected.
“This would have to get pretty grim for the schools not to get their money,” said Senate President Richard Finan, R-Evendale.
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