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Saturday, December 09, 2000

Schools ask court to prod state


Group wants schedule set for reforms

By Spencer Hunt
Enquirer Columbus Bureau

        COLUMBUS — Frustrated by a lack of progress on school funding reform in the General Assembly, a coalition of schools wants the Ohio Supreme Court to step in and demand a detailed work schedule.

        The Ohio Coalition for Equity and Adequacy of School Funding has successfully sued the state twice over the way it funds public schools. On Friday, the group asked the court to order the legislature to submit a “master plan” filled with deadlines for fitting together the required pieces of a school funding solution.

        The motion was the first major court filing since May, when the Supreme Court found the state's school funding system unconstitutional and gave lawmakers until June 15 to fix it.

        That decision also ordered the state to immediately pay a handful of unfunded mandates on school districts. The coalition says a mandates-relief bill legislators passed Thursday did too lit tle and came too late.

        “The word "immediately' was imposed on the General Assembly 7 1/2 months ago,” said Nicholas Pittner, the coalition's lead attorney. “Whatever immediately means, it doesn't mean 7 1/2 months.”

        The coalition wants the state to provide the money each of Ohio's 612 school districts were ordered to set aside for textbooks and maintenance, and to help cover budget crises. The relief bill lawmakers passed eased the textbook and maintenance mandates and eliminated the budget reserve accounts.

        Beyond mandates, the co alition hopes the word “immediately” will become a legal door the high court can open to re-examine school funding before June 15.

        Under the master plan request, the Legislature would have 30 days to show the court exactly how it intends to solve its school funding problem. It would then have to file monthly progress reports.

        The coalition's motion invites the court to throw out a formula the state used to compute the basic cost of an adequate education. The group wants the high court to replace that formula with an approach that identifies the resources and materials students need before figuring out how much it would cost.

        It also asks the court to appoint a special master to oversee the legislature's plan and progress. The high court has ignored two previous requests for a master.

        These new and renewed demands were accompanied by bitter accusations that the state has done little, and plans to do little, to fix school funding.

        “We are angry. We have been stalled long enough,” said Paul Folmer, the coalition spokesman.

        “The state has fiddled around and skirted the issues,” said Bill Phillis, the coalition director.

        The Supreme Court in May ordered the state to reduce schools' reliance on local property taxes, to improve a program designed to fix crumbling school buildings and to try again to determine the cost of an adequate education. Taken together, the changes could force the state to spend billions it does not have.

        Gov. Bob Taft and GOP legislative leaders have vowed not to increase taxes to satisfy the court, even though budget officials warn a budget crunch won't leave much free for schools. The leaders also have formed special committees to study possible solutions.

        They fired back at the coalition Friday.

        “We feel this is unproductive at this time,” said Denise Lee, a spokeswoman for Mr. Taft. “The governor and the legislature have been working vigorously and honestly on crafting a response to the school funding challenges facing this state.”

        Ms. Lee would not comment about the idea of a master plan. Senate President Richard Finan, R-Evendale, condemned it.

        “I thought June 15 was the time frame in which we had to work,” Mr. Finan said. “I believe we will have a new formula in place by the witching hour on June 15.”

        Attorney General Betty Montgomery is expected to file a response to the coalition's motion by Dec. 18. The Supreme Court could issue a decision to consider or deny the coalition's motion any time after that.

        “The attorney general considers the motion filed today premature at best,” said spokesman Joe Case. “The court has given the state until June 15 to respond, and the state is in the process of building its response.”

        State Rep. Jeff Jacobson, R-Brookville, was one of the main sponsors of the mandate relief bill. He said the bill did follow the high court's orders.

        “The court said we should move immediately to address mandates, and that's exactly what we've done,” Mr. Jacobson said.

       



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