Ohio Department of Education overhaul on hold, for now

Gov. Mike DeWine will hold a news conference at 5:15 p.m. to discuss the Department of Education lawsuit. You can watch in the video player above.

COLUMBUS, Ohio (WCMH) – The state Department of Education will still exist after midnight – but perhaps for not much longer than that. 

A scheduled overhaul of the Department of Education hangs in the balance of a judge’s ruling, as a temporary restraining order blocking the changes is set to expire. That temporary restraining order will remain in place, a magistrate ruled Thursday evening, while she ponders whether to approve a longer block on the changes from taking effect.

The changes, passed as part of the state’s biennial budget, rename the department the Department of Education and Workforce and transfer most powers of the state education board to a governor-appointed position. About two weeks before the changes were slated to take effect, seven members of the education board sued to block the overhaul, claiming it violated multiple constitutional provisions.

In Franklin County Court Monday, attorneys for the plaintiffs argued the judge should place a preliminary injunction on the overhaul while the lawsuit proceeds, citing irreparable harm to students and families should the changes occur. 

The school board, a 19-member body of elected and appointed members, currently evaluates curricula, oversees the distribution of school funds and implements policy. Should those powers move to a single, executive cabinet position, the plaintiffs argued, citizens’ power to directly influence educational rulemaking would be eliminated. 

Under questioning and cross-examination, the plaintiffs’ three witnesses – all parents, one state board member and a member of the Toledo school board – described how the education changes would harm their families. Local school districts would no longer have a direct line to change through elected board members, they testified. Parents worried about curriculum or testing would have no representatives with real authority to address concerns. 

But the state has argued that disgruntled board members had months to bring forth a legal complaint and were privy to the department’s regular communication, meetings and memos about how the Department of Education overhaul would be implemented. To pause the changes now would cause logistical problems, the state’s sole witness, an education department employee, testified – and bring uncertainty for students and families.

Both parties have until noon Wednesday to submit proposed findings of fact and law to the magistrate. The magistrate's decision will need the judge's approval before taking effect.