Last Friday, Judge Richard Frye ruled that the state can proceed with the education governance changes laid out in House Bill (HB) 33.
HB 33, which became effective on Oct. 3, included several legislative changes impacting the Ohio Department of Education (ODE) and State Board of Education (SBOE). Under the legislation, ODE was renamed the Department of Education and Workforce (DEW), which serves as a cabinet-level agency reporting to the Governor. The existing powers and duties of the SBOE were divided between the SBOE and DEW, with SBOE retaining responsibility for hiring a state superintendent, teacher disciplinary and licensure cases, and territory disputes.
In September, members of the SBOE filed a lawsuit to block these changes from taking place. In late September, Judge Karen Held Phipps issued a temporary restraining order (TRO), which is a short-term court order that prevented the state from enforcing, implementing or complying with several provisions of HB 33. Among the actions blocked by the TRO were the creation of DEW, the appointment of a DEW director, and the transfer of the SBOE’s existing powers and duties to DEW. The TRO was in place through Oct. 20.
The plaintiffs also asked the court to issue injunctive relief, which is more enduring in effect than a TRO and requires the court to look at several factors, including the plaintiffs’ likelihood of prevailing on the merits of their claims. Last Friday, Judge Frye, who filled in for Judge Phipps while she is out of the country, denied the plaintiffs’ request for a preliminary injunction. Frye followed the recommendation of Magistrate Jennifer Hunt, who issued her decision on the matter earlier in the day.
In her decision, Magistrate Hunt held that the “Plaintiffs failed to meet their burden by providing clearly and convincingly they will sustain any of their claimed injuries under the challenged provisions.” She wrote that “the Legislature has complete authority to grant, or remove, the respective powers and duties of the State Board and the Superintendent, and the State Board has no constitutional right to retain all the powers transferred under the Challenged Provisions.”
The decision on the preliminary injunction does not prevent the plaintiffs’ underlying case from moving forward. As both parties continue to litigate the issues in the case, however, the state will proceed with the education governance changes laid out in HB 33. Jessica Voltolini has been appointed by Gov. Mike DeWine to serve as the interim director of DEW while the Governor searches for a director and deputy director.
We will continue to provide updates on the transition, the litigation, and their potential impact on your district as they become available. If you have any questions in the meantime, please reach out to OSBA’s division of legal services.