The Ohio Constitutional Modernization Commission’s Education, Public Institutions and Local Government Committee has considered removing the wording of Ohio Constitution, Article VI, Section 2 requiring a thorough and efficient system of public education. See our prior post. Proponents want to eliminate the “thorough and efficient” language because it provides an “in” for Ohio courts to evaluate public school operating and funding – matters proponents feel should be left to the legislature. They point to DeRolph v. State, which found Ohio’s school funding scheme unconstitutional, as an example of improper “judicial legislation”.
Ohio Supreme Court Justice Pfeifer, who was in the DeRolph majority, addressed the Commission yesterday. According to a Court News Ohio article, Justice Pfeifer Tells Study Committee That School Funding Standards Should Remain in Constitution:
“He said it is important that no government body, local or statewide, should be “beyond reach” by its citizens in such a vital area as education.
“Ultimately the bar should be in the constitution. It serves a worthy purpose and I would caution against removing it,” he said.”
