School district sues over new law that makes it easier to change districts

School officials say the change will lead to more inequality in how schools are funded.

A Stark County COLUMBUS — school district has re-filed its lawsuit challenging a new state law that makes it easier for some Ohio communities to switch which public school district their children go to.

Plain Local schools on Thursday filed a federal lawsuit challenging the law, which took effect last month after being signed by Gov. Mike DeWine, a Republican, in July as part of the state budget. The district is trying to stop Hills and Dales, an affluent Stark County village of about 200 people that backed the law change, from switching from Plain Local schools to nearby Jackson Local schools, an academically higher-rated, more affluent and whiter district.

Under the new law, people who live within a township containing more than one school district now can hold a vote on which district they want to send their children to.

It supersedes the existing system that requires approval from the state board of education, which used to have to consider factors including the impact the transfer would have on students.

The school district previously sued in September, but dropped the lawsuit last month, saying they would refile when Hills and Dales residents tried to use the new law. Hills and Dales residents filed paperwork on Oct. 23 with the Stark County Board of Elections seeking to place the district transfer on a future ballot. On Nov. 6, a second group of residents who live in North Canton also filed to leave Plain schools.

School officials say the change will lead to more inequality in how schools are funded by making it easier for richer communities to break away. They’re also concerned about the loss of tax revenue individual districts may face. Plain schools estimates it will lose hundreds of thousands of dollars annually.

Supporters of the law change have said the existing system makes it too difficult to change school districts. The state school board denied a request from Hills and Dales in 2005 to switch from Plain schools to Jackson schools, saying it would increase racial and socioeconomic isolation and financially hurt Plain schools.

A Plain schools news release announcing the refiling included a statement criticizing the law change from State Rep. Don Jones, a Harrison County Republican who chairs the House Primary and Secondary Education Committee. He voted for the budget bill that included the new law, which was added as an amendment to the 3,000page bill late in the legislative process.

“My problem with it is this, it’s not for the benefit of students, it’s for the benefit of property owners. It’s not about the kids going to school, it’s about what their property is worth,” Jones said in the statement.

While the previous version of the lawsuit sued only state officials, the new one also sues the village of Hills and Dales. In an email, Hills and Dales Law Director James Conley said he hadn’t yet seen the lawsuit. He also questioned why his village was being sued when the school district’s issue is the new law passed by the state, and questioned why Plain schools wasn’t cooperating with the new school-transfer requests while the challenge to the law is still pending.