COLUMBUS — Monclova Christian Academy on Monday joined another private school and parents in suing the state for delaying the start of applications for vouchers to send public school students to private schools.
The plaintiffs, led by Citizens for Community Values, filed the case before the Ohio Supreme Court, contending that House Bill 120, finalized by the General Assembly and signed by Gov. Mike DeWine on Friday, cannot legally take effect until May 1.
As a result, it argues that the application period clock started on Saturday as originally scheduled. The argument mirrors those of some senators on Friday after the House passed the bill without attaching an emergency clause that would have allowed the law to take effect immediately instead of the usual 90 days.
The suit argues that parents of vouchers students obtained a “vested right” once the state in November identified 1,227 specific school buildings whose students became eligible for EdChoice scholarships because of the schools’ performance on last year's academic report cards.
“Dozens, if not hundreds, of Ohio's public and private schools have taken steps (including important decisions with regard to staffing, budgets, and facilities) since Nov. 1, 2019, to operate consistent with the applicable law when the pool of EdChoice Scholarship eligible students was objectively identified,” reads the suit.
“Requiring those families and schools to 'sit tight' while the General Assembly attempts to revoke those scholarships, which may or may not occur, is against the law and an unjustifiable and overwhelming burden to irreparably harm schools and families,” it reads.
House Bill 120 was rushed to the governor's desk on Friday after the House and Senate failed to reach agreement on how to address the more than doubling of school buildings that would be subject to EdChoice tuition costs this fall.
With hours to spare before the scholarship application period was to open, the two chambers agreed to delay its start from Saturday to April 1 while they continue to work on a permanent solution.
The suit notes that a number of school buildings located near Monclova Christian Academy were to fall under the EdChoice program for the first time in the fall. It said the school experienced an increase in interest by parents as a result.
“Due to the General Assembly's actions, MCA will not know which families will be able to afford to attend next year, which creates incredible problems for the school as it attempts to budget, hire staff, and plan classes,” it reads.
A number of schools in Lucas County that are relatively close to Monclova are slated to be included in the program under current law, but would be exempted under a Senate-passed plan.
Among them were Anthony Wayne's Waterville and Whitehouse primary schools; Springfield High School; Sylvania's Hill View, Stranahan, and Whiteford elementary schools; six Washington Local schools; and four Toledo city schools.
Participating schools must pay $4,650 for each K-8 student and $6,000 for each high-school student who opt to attend a private or religious school instead. This includes students who might never have attended the public school.
The number of affected schools, under current law, will balloon next year from 517. For the first time a number of individual suburban, wealthier schools have been added to the list even though their districts generally perform well on report cards.
The resulting backlash led to the push to prevent the massive expansion, but the fight over exactly how to address concerns went right up to the scheduled start of applications to the Department of Education on Saturday.
House Speaker Larry Householder (R., Glenford) wants to do away with performance-based vouchers altogether and replace it solely with vouchers based solely on family income, regardless of where the family lives.
House Bill 120 holds $10 million to help affected schools cover the costs of newly eligible students. The House contended that the added appropriation meant no emergency clause was necessary.
But critics, including some senators, argue that the $10 million is not directly tied to the application period delay and would not be spent until the next school, which falls under the next fiscal year beginning July 1.
“I'm not sure who told them this $10 million would solve the problem, but I'm glad it wasn't any lawyer in my law firm,” said Sen. Matt Huffman (R., Lima) on Friday. A major school voucher advocate, he supported the prior Senate’s attempt to roll back the program but voted against the subsequent delay bill.
Ironically, the bill passed with super-majorities in both chambers that would have been sufficient to sustain an emergency clause if it had been included.
“The General Assembly has rightly delayed a measure to exponentially increase the tax dollars siphoned off for private school vouchers,” Sen. Teresa Fedor (D., Toledo) said. “We now have the chance to make meaningful changes that will prevent districts and taxpayers from falling victim to our broken report card system.
“We have the ability to hold private schools publicly accountable for receiving taxpayer dollars, and we must act now,” she said. “I hope that my colleagues will join in a swift, deliberative process to ensure a thorough system of public schools for all of Ohio’s children.”
First Published February 3, 2020, 6:03 p.m.
