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DeRolph v. State is a landmark case in Ohio constitutional law in which the Supreme Court of Ohio ruled that the state's method for funding public education was unconstitutional. [1]
Apr 18, 2017 · Legislators still haven't agreed on a fix. In a two-part series on The Sound of Ideas, we'll examine school funding and the legacy of DeRolph vs State, the lawsuit that prompted the Superme Court ruling. Then, civil rights photojournalist Matt Herron discusses the exhibit he curated at the Maltz Museum called, "This Light of Ours." Join us ...
- Rachel Rood
Mar 24, 2021 · Charters and vouchers divert state funding out of school district budgets and force voters to replace this funding with additional local operating levies. How is that fair and equitable?
- I Jurisdiction and Judicial Review
- II Ohio's System of Public School Funding
- A The School Foundation Program
- The Formula Amount
- The Cost-Of-Doing-Business Factors
- The "Charge-Off"
- Disadvantaged Pupil Impact Aid and Categorical Programs
- Guarantee Provisions
- Am.Sub.H.B. No. 920 and Tax Reductions
- School District Borrowing
This appeal presents a number of issues for this court's consideration. Is the right to a free public education a fundamental right guaranteed by the Ohio Constitution? Does the system of funding public elementary and secondary schools in Ohio violate the Equal Protection Clause of Section 2, Article I of the Ohio Constitution? Does the system of f...
The focus of this case is R.C. Chapter 3317, the School Foundation Program for the allocation of state basic aid. In Walter, 58 Ohio St.2d at 378, 12 O.O.3d at 333, 390 N.E.2d at 820, this court recognized that "[t]he history of educational funding in Ohio * * * has been an accommodation between two competing interests — the interest in local contr...
Ohio's School Foundation Program can be found in R.C. 3317.01 et seq. The School Foundation Program for the allocation of state basic aid has operated in a similar manner since 1981. Under the School Foundation Program, state basic aid is available for school districts which, among other things, levy at least twenty mills of local property tax reve...
The "formula amount" in the calculation represents a figure set by the General Assembly as part of the biennial budget process. In January 1992, at the time the amended complaint was filed, the formula amount equaled $2,817. See Am.Sub.H.B. No. 298, 144 Ohio Laws, Part III, 3987, 4122. The formula amount is currently set at $3,500 pursuant to R.C. ...
Under the state basic aid calculation, the formula amount ($2,817 in school year 1992-1993) is adjusted by a school district equalization factor or cost-of-doing-business factor. R.C. 3317.022(E). The applicable rates of adjustment for the 1992-1993 school year were contained in former R.C. 3317.02(E). 144 Ohio Laws, Part III, 3987, 4118-4120. The ...
"ADM" stands for average daily membership, which is calculated pursuant to R.C. 3317.03. See R.C. 3317.02(A). By multiplying the formula amount, the cost-of-doing-business factor, and the ADM, the foundation formula establishes a minimum amount of combined local and state per-pupil aid per district. A "charge off" is then subtracted from that figur...
In addition to the formula amount, school districts with children whose families collect Aid to Dependent Children ("ADC") receive what is called "Disadvantaged Pupil Impact Aid" or "DPIA." Am.Sub.H.B. No. 298, Section 59.02, 144 Ohio Laws, Part III, 4556-4557. This funding is calculated pursuant to R.C. 3317.023 and consists of flat distributions ...
The School Foundation Program contains certain guarantee provisions to ensure that a school district receives the greater of the program amount or the guarantee amount. See R.C. 3317.04and 3317.0212. Thus, some districts receive guarantee payments from the state under the School Foundation Program rather than payments calculated pursuant to the fou...
School districts are required to levy twenty mills for current operating expenses in order to participate in the School Foundation Program. See R.C. 3317.01(A). The twenty mills comprise both "inside" and "outside" mills. Inside mills are levied without approval of the electorate. Unvoted property taxes are limited to ten mills, with the ten mills ...
To supplement their budgets, school districts have been forced at an increasing and alarming rate to borrow heavily against future expected revenue receipts. Under the so-called Spending Reserve Loan Program, school districts are permitted to borrow against a subsequent year's revenue with approval of the Superintendent of Public Instruction. See R...
Mar 24, 2017 · Six years after high school freshman Nathan DeRolph filed his suit, justices ruled 4-3 that Ohio’s funding method failed to provide for the “thorough and efficient” system of public schools required by Ohio’s constitution.
- jsmyth@ap.org
- Government And Politics Reporter
Full title: DEROLPH ET AL., APPELLANTS, v. THE STATE OF OHIO ET AL., APPELLEES. Court: Supreme Court of Ohio. Date published: Apr 25, 1997
statutes that are unconstitutional. Ohio’s elementary and secondary public school financing system violates. Section 2, Article VI of the Ohio Constitution, which mandates a. thorough and efficient system of common schools throughout the state. The following specific provisions are unconstitutional:
