Ohio’s Constitutional Responsibility
The central issue is not whether families should have choices. The larger question is: should Ohio continue expanding separate charter and private school systems with public funding, or should the state prioritize fully funding and strengthening the universal public education system required by the Ohio Constitution?
Ohio Constitution, Article VI, Section 2:“The General Assembly shall make such provisions, by taxation, or otherwise, as... will secure a thorough and efficient system of common schools throughout the state.”
This requirement has shaped decades of debate over public school funding, educational equity, property tax reliance, voucher programs, charter schools, public accountability, and academic standards. In theDeRolphcases, the Ohio Supreme Court found Ohio’s school funding system unconstitutional because of unequal reliance on local property taxes and disparities in educational opportunity.See DeRolph cases
Types of Schools, Public Funds, Standards, and Oversight
| Type of School |
Use of Public Funds |
Academic Standards |
| Traditional Public Schools
• Serve all students to meet state standards
• Provide transportation
• Educate students with disabilities
• Support multilingual learners
• Provide meals, counseling, and safety services
|
Funded by public dollars through state, local, and federal sources.
• Operate under elected school boards
• Follow public records laws
• Follow open meeting laws
• Operate under direct public financial oversight
|
Generally required to administer Ohio state assessments and publish state report card results. |
| Charter Schools / “Community Schools”
• Publicly funded
• Tuition-free for families
• Independently operated
• May be managed by nonprofit or private organizations
|
Receive public dollars, generally tied to student enrollment.
• Operate through authorizers/sponsors
• Transparency and governance rules may differ from districts
• Staffing and financial oversight structures may vary
|
May be subject to state testing and performance requirements, but implementation and comparisons can vary. |
| Private Schools Receiving Vouchers
• Privately operated
• May receive public tuition support through vouchers
• Often have greater curriculum flexibility
• May not serve all students under the same obligations as public districts
|
May receive public funds through voucher programs supporting private tuition.
• Public oversight is generally more limited
• Often not subject to all public transparency laws
• Governance structures differ from public districts
|
May use different academic standards, assessments, or reporting systems than traditional public schools. |
Perspectives in the Debate
| Public Education Support Perspective |
Concerns About Diversion of Public Funds |
| Many education advocates, parents, and community leaders argue that Ohio’s constitutional responsibility is first and foremost to maintain and strengthen public education in urban, rural, and suburban areas.
• Schools cannot improve outcomes without stable and equitable funding.
• Public education is a shared civic institution essential to democracy and workforce development.
• The Fair School Funding Plan was designed to address long-standing inequities and constitutional concerns.
• This perspective emphasizes equitable funding, transparency, certified staffing, public accountability, comparable statewide standards, and community governance through elected school boards.
|
Critics of expanding voucher and charter programs argue that Ohio is increasingly creating a publicly funded parallel school system without demonstrating consistently better academic outcomes.
• Public dollars should carry comparable public accountability requirements.
• Traditional public schools generally must administer state assessments, publish report cards, follow open meeting laws, comply with public records requirements, and operate under direct public financial oversight.
• Some charter and private schools receiving taxpayer funds may operate under different or less transparent standards.
• The debate centers on whether expansion of alternatives diverts funding from the constitutionally required public education system.
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