Columbus, Ohio. – Parents of Ohio public school students and the Toledo Public School Board today filed a reply brief in support of their appeal in Collins v. DeWine, a case challenging the constitutionality of Ohio’s H.B. 33 Education Takeover Rider, which dramatically restructured the state’s education governance system by transferring critical responsibilities from the State Board of Education to the newly formed Department of Education and Workforce.

H.B. 33 violates the Ohio Constitution by, among other things, stripping the elected State Board of Education of its inherent power and undermining transparency and public accountability in the management of Ohio’s education system. These changes were rushed through at the eleventh hour, in violation of the Ohio Constitution and the public trust. The parents and local school board contend that these changes harm them by stripping them of a responsive body and elected representative with whom to discuss their children’s and students’ needs, eliminating open forums for their participation in education decisions, and undermining their ability to advocate for important education changes on behalf of their children and students. This filing concludes the briefing at the Appeals Court. 

“Governor DeWine and the state legislature’s overhaul of education governance is not a policy shift, as much as they argue otherwise; it’s an unconstitutional usurpation of power that harms families, students, schools, and communities by silencing their voices in key education decisions,” said Madeline Gitomer, Senior Counsel at Democracy Forward. “We’re fighting to restore transparency and accountability to Ohio’s education system.”

“Ohio’s constitution requires the Ohio legislature to follow rules that allow for debate, careful consideration, and transparency when enormous changes are proposed. But Governor DeWine and the state don’t seem to care.  Instead, they’re consolidating more power and reducing accountability, even when their actions harm students, parents, and local school boards, said Gitomer. “This case is about preserving public accountability, giving local schools the tools they need to serve students, and ensuring that Ohio parents can advocate for their children’s education.”

The appellants in the case — parents Christina Collins, Michelle Newman, and Stephanie Eichenberg, and the Toledo Public School Board — also released the following joint statement: 

“As parents and advocates for students in Ohio public schools, we believe our voices matter in shaping the future of our children’s education. Governor DeWine’s education takeover has reduced transparency and opportunities for public participation, making it harder for us to engage with those responsible for education in Ohio. We are united in this fight to restore the public accountability and transparency the Board of Education has delivered.”

The challenged portion of the law pushed through as part of an unrelated budget bill, violates three provisions of the Ohio Constitution. In a lawsuit filed in September 2023, the plaintiffs asked the Franklin Court of Common Pleas to block the law, and the Court granted a temporary restraining order. Despite this order, Governor DeWine continued efforts to implement it. Although the plaintiffs’ request for further relief was eventually denied, they persisted, arguing that the law violates the state’s constitution and undermines public input and transparency in education decisions. Governor DeWine, in turn, sought to dismiss the case, claiming the plaintiffs had no right to sue. The case is now on appeal; with the briefing having concluded, we await oral arguments and a decision.

For more information, please visit www.democracyforward.org. 

– # # # –