Senate President is referenced in the July 17 Gongwer as saying that the State Budget (HB33) makes the EdChoice voucher suit moot. That is political blather.
A few months ago, the Senate President made a pronouncement that the only reason the plaintiffs filed the EdChoice voucher lawsuit was to influence the budget process. This, of course, was wishful thinking on the part of the Senate President. Now he makes a pronouncement that HB33 makes the case moot. A copy of the document he filed with the Franklin Count Court of Common Pleas is here.
The EdChoice voucher lawsuit filed by the Plaintiff districts has five counts or claims:
COUNT ONE: DECLARATORY JUDGMENT – CREATION OF ONE OR MORE SYSTEMS OF UNCOMMON SCHOOLS IN VIOLATION OF THE OHIO CONSTITUTION, ARTICLE VI, SECTION 2
COUNT TWO: DECLARATORY JUDGMENT – FAILURE TO SECURE A THOROUGH AND EFFICIENT SYSTEM OF COMMON SCHOOLS IN VIOLATION OF THE OHIO CONSTITUTION, ARTICLE VI, SECTION 2
COUNT THREE: SEGREGATION IN VIOLATION OF THE THOROUGH AND EFFICIENT SYSTEM OF COMMON SCHOOLS AS PROVIDED IN ARTICLE VI, SECTION 2 OF THE OHIO CONSTITUTION
COUNT FOUR: DIVERSION OF FUNDING IN VIOLATION OF THE “NO RELIGIOUS OR OTHER SECT SHALL EVER HAVE ANY EXCLUSIVE RIGHT TO OR CONTROL OF, ANY PART OF THE SCHOOL FUNDS OF THIS STATE” CLAUSE OF ARTICLE VI, SECTION 2 OF THE OHIO CONSTITUTION
COUNT FIVE: DECLARATORY JUDGMENT – VIOLATION OF OHIO CONSTITUTION, ARTICLE I SECTION 2
HB33 did not address any of these claims. His assertion that HB33 solves the problem of school funding is mere drivel.
Learn about EdChoice Vouchers: An Existential Threat to Public Schools
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