Opinion

DeRolph v. State

  • 93 Ohio St. 3d 309
  • 754 N.E.2d 1184
Court
Ohio Supreme Court
Filed
Sep 6, 2001
Status
Published
Author
Pfeifer
On the bench
Cook, Dismiss, Douglas, Moyer, Pfeifer, Resnick, Respectfully, Stratton, Sweeney
Cited by
18 cases
Authority
More cited than 15.2%

modifying remedial legislation enacted following the court’s holding that the state’s school financing scheme violated the Ohio Constitution’s education clause *749 and ordering the state to implement the court s changes and fully fund them by a date certain

How later courts described this case

  • modifying remedial legislation enacted following the court’s holding that the state’s school financing scheme violated the Ohio Constitution’s education clause *749 and ordering the state to implement the court s changes and fully fund them by a date certain
  • after court found school finance law unconstitutional, General Assembly enacted legislation, which court again found unconstitutional; court granted General Assembly additional time to bring law into constitutional compliance, which court ultimately approved after modification

Written by the judges who cited it.

The opinion

Pfeifer, J.,

concurring. I concur in Chief Justice Moyer’s majority opinion and join the concurring opinion of Justice Douglas. H.B. 94, fully funded, will “smooth out the unconscionable funding inequities that exist between school districts in this state.” DeRolph v. State (1997), 78 Ohio St.3d 193, 262 , 677 N.E.2d 733, 780 (Pfeifer, J., concurring). Although Ohio’s school-funding scheme has thus been made constitutional, it is legitimate to observe that the system continues to rely heavily on local property taxes. That concern could be eased by rethinking the issue of funding for school buildings.

The General Assembly has adopted a plan to build new classrooms and rehabilitate existing classrooms in this state. If the Governor and General *344 Assembly were to ask Ohio voters to approve an expansion of the state’s debt authority for the single purpose of funding one hundred percent of school construction and repair, it would be an enormous boost to educational opportunity across this state. It would also serve the collateral purpose of substantially reducing the system’s reliance on local property taxes.

Well-built and well-kept school buildings say something to the children who are in them now and say something to future generations. School buildings are tangible evidence that we cared, that we saw an opportunity to help our children, and that we accepted our responsibility to do so. The General Assembly has reached for and achieved a constitutional system of common schools. There is room to reach higher.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.