Should Ohio remove language in its Constitution’s language requiring a “thorough and efficient” public school system? See Ohio Constitution, Article VI, Section 2. At its recent meeting, the Ohio Constitutional Modernization Commission’s Committee on Education, Public Institutions & Miscellaneous and Local Government debated this question. 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”.
