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Judge rules Ohio’s EdChoice school vouchers are illegal, but will ruling stick? | Opinion

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Judge rules Ohio’s EdChoice school vouchers are illegal, but will ruling stick? | Opinion



Columbus, Bexley, and Worthington schools among plaintiffs suing state

Thomas Suddes is a former legislative reporter with The Plain Dealer in Cleveland and writes from Ohio University. tsuddes@gmail.com.

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In a late-June ruling, a Democratic Franklin County Common Pleas judge outlawed spending Ohioans’ tax money to help parents pay private school tuition for the state’s K-12 pupils via the state’s EdChoice school voucher program.

Because Judge Jaiza Page issued her sure-to-be-appealed decision amid the General Assembly’s budget-writing frenzy, some voters may have missed it. And that is, or should be, a problem for Ohioans who like to keep an eye on how the politicians on Capitol Square spend the people’s money. That’s especially so given the sneaky way that voucher fans expanded voucher spending during the 30 years since vouchers first surfaced in the 1995-97 state budget.

For one thing, as inaugurated then, vouchers could only be used by pupils living in the Cleveland school district. And the total amount of tax money the Republican-run legislature agreed to spend on Ohio’s first “school choice” venture in the 1995 budget amounted to about $5.25 million, The Plain Dealer reported. In terms of today’s population, that’s about 44 cents per Ohio resident.

The budget Gov. Mike DeWine just signed allots about $2.44 billion for voucher programs over the next two years — or about $205 per Ohio resident, an incredible increase resulting from stealthy, year-by-year legislative scheming.

Page’s decision was a clear-cut victory for the public school systems supporting the Vouchers Hurt Ohio coalition (lead plaintiff in the lawsuit: the Columbus schools). Among the coalition’s many other members: The Bexley, Upper Arlington and Worthington schools; the Dayton schools; and such Greater Cleveland districts as Brecksville-Broadview Heights, Cleveland Heights-University Heights, Mayfield, Richmond Heights and Shaker Heights schools; DeWine’s Greene County school district, the Cedar Cliff schools; and Republican Ohio House Speaker Matt Huffman’s hometown district, the Lima schools.

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How vouchers violate Ohio’s constitution

Reduced to essentials, the judge ruled that Ohio’s school voucher spending violates the state constitution on a number of fronts. That’s the state constitution that Ohio’s 99 state representatives and 33 state senators must swear to uphold before they can take their seats in the General Assembly.

The state will appeal Page’s decision to the Ohio 10th District Court of Appeals, which encompasses Franklin County. If the all-Democratic appellate court upholds the Common Pleas ruling — it likely will — the state would undoubtedly ask the Ohio Supreme Court, with a 6-1 Republican majority, to save the voucher program. And the Supreme Court’s GOP incumbents have shown zero appetite for challenging the similarly Republican-run General Assembly.

Page sided with the voucher foes on three of the arguments they made.

First, the plaintiffs argued that vouchers breached the Ohio Constitution, which requires the General Assembly to create and fund “a thorough and efficient system of common schools throughout the state.” But she found that “the evidence … [showed] that, in expanding the EdChoice program to its current form, the General Assembly has created a system of uncommon private schools by directly providing private schools with over $700 million in funding.”

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Page said the plaintiffs had also shown the state had additionally violated Ohio’s constitution to maintain a “thorough and efficient” school system when General Assembly Republicans decided against fully funding what’s known as the Cupp-Patterson Fair School Funding Plan. Result: Ohio public schools received $6.48 billion in state aid instead of $7.24 billion for fiscal year 2022. She said the difference was close to the amount of state voucher funding that same fiscal year.

Finally, the judge agreed with voucher foes that because the program “provides private religious schools with approximately $1 billion in public school funds [the voucher program] violates … the Ohio Constitution by giving a religion or other sect the exclusive right to, or control of, a part of the school funds of Ohio.”

Voucher partially to blame for rising property taxes

What the judge didn’t say, but fairly might have observed, is that the creation and steady increases in Ohio’s state-tax-subsidies for non-public schools has been Statehouse government by stealth: start small, then, budget-by-budget, year by year, divert more and more public school money for the benefit of private schools. The resulting financial squeeze on public school districts is a big reason why skyrocketing property taxes are hammering Ohio homeowners — property tax burdens the General Assembly is making heavier by steadily diverting public school money to private schools.

Thomas Suddes is a former legislative reporter with The Plain Dealer in Cleveland and writes from Ohio University. tsuddes@gmail.com.



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Police responded to a report of a ‘domestic dispute’ at Ohio governor candidate’s home in 2019

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Police responded to a report of a ‘domestic dispute’ at Ohio governor candidate’s home in 2019


COLUMBUS, Ohio — In August 2019, police in Bexley, Ohio, responded to a report of a “domestic dispute” at the home of Dr. Amy Acton.

Acton — then the director of the state’s Department of Health, now a Democratic candidate for governor — pulled a mirror off the wall, “shattering the glass” when she “became upset” because she felt her husband “was antagonizing her,” according to a police report. She told officers she had been drinking, had taken an unknown amount of prescription drugs and was about to drive away in her car before her husband, who also told police he had been drinking, talked her out of it, the report stated.

A medic dispatched to check on Acton recommended that she go to the hospital, but Acton “refused,” according to the police report. Police determined that there was no evidence of physical violence between Acton and her husband, only a “verbal argument over her extended work hours.”

Months later, Acton would become one of Ohio’s most visible leaders as the state battled Covid, advising and appearing almost daily alongside Gov. Mike DeWine as they issued stay-at-home orders and shared the latest case numbers. Acton’s time in the spotlight brought her doting admirers, as well as vicious critics. And as the lone Democrat serving in a Republican governor’s Cabinet, she quickly became a prospect for elected office herself after resigning her post in June 2020.

Acton, 60, is likely to face Republican Vivek Ramaswamy, a biotech entrepreneur who has been endorsed by DeWine and President Donald Trump, in the general election.

Her campaign on Friday disputed and sought to clarify several elements of the police report. Acton and her husband had returned home from dinner, where she had one drink, according to the campaign’s written response for this article. During a “verbal disagreement regarding her long work hours,” Acton “bumped into a wall hanging which fell,” the campaign said. She then went to bed and was asleep when police arrived, according to the campaign.

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Officers were dispatched to the home at 9:45 p.m., according to the police report, which does not indicate how they were alerted to the incident.

Acton’s campaign said that she was not “intoxicated” at any point during the evening and that the prescription medications referenced in the police report were ones that she had taken regularly for years.

The campaign also disputed that there was any reason for Acton to go to a hospital, asserting that any “harm, injury, or impairment” would have been noted in the police report.

Police officials in Bexley, a Columbus suburb, did not respond to a request for comment for this article.

“Amy Acton worked around the clock on behalf of Ohioans while serving as Health Director,” Acton spokesperson Addie Bullock said in an emailed statement that also criticized Ramaswamy and his policy proposals “as Ohioans continue to reject him and his cost-raising scams.”

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The 2019 incident at Acton’s home has, until now, not been reported publicly. It also was not something widely known, if it was known at all, inside the DeWine administration. The governor, according to his spokesperson, was not happy to learn of the matter for the first time from NBC News.

Image:
Acton, served as director of Ohio’s department of health in the administration of DeWine, right, and Lt. Gov. Jon Husted, left. Andrew Welsh-Huggins / AP file

“Prior to your inquiry, Governor DeWine was unaware of both the 2019 incident and associated police report involving Dr. Acton,” the spokesperson, Dan Tierney, wrote in an emailed response to questions. “The Governor holds his staff to the highest standards of conduct. Given that the allegations in the report are deeply troubling, Governor DeWine would have expected Dr. Acton to have at that time promptly disclosed this to him, and he is very disappointed that it did not occur.”

DeWine has in the past been largely praiseful of Acton. His backing of Ramaswamy, 40, came relatively late and reluctantly, after the governor unsuccessfully tried to draft Lt. Gov. Jim Tressel, a former Ohio State football coach, into the primary.

Ohio has trended more decisively Republican, having elected only one Democratic governor in the last 36 years. Reliable, independent polling has been scarce, but several surveys have shown a close race, raising Democrats’ hopes for an upset.

Acton’s performance as health director has stood out as a major storyline in the race. Fox News recently retracted an article by its OutKick sports affiliate that accused Acton of hectoring social media users for ignoring social distancing guidelines. The tweets had come not from Acton, but from an account spoofing her.

The episode was an example of how Acton’s candidacy has reignited debate over the pandemic shutdowns that she advised DeWine to implement. She became a target for right-wing activists and protesters, some of whom reportedly wielded guns and signs scrawled with antisemitic messages outside the Statehouse in Columbus and outside her home. Acton, who is Jewish, downplayed that scrutiny as a factor in her resignation in June 2020, saying at the time that her decision would afford her more time to spend with her family.

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DeWine, riffing on the “not all heroes wear capes” cliché, described Acton as a “hero” who wears a “white coat” when announcing her departure. Acton stayed with the administration for several more weeks, serving as a health adviser before officially leaving in August 2020.

Later in 2020, after Acton gave an interview to The New Yorker, the magazine reported that she had begun to “worry that she might be forced to sign health orders that violated her Hippocratic oath to do no harm.”

As a first-time candidate for elected office, Acton has leaned less on the high-profile role she had as DeWine’s top health adviser and more on her personal narrative. She emphasizes how she grew up poor in Youngstown, a difficult childhood marked at times by hunger and homelessness.

After receiving her medical license in 1994, Acton practiced as a pediatrician and later earned a master’s degree in public health at Ohio State University. She was the final Cabinet director DeWine named in 2019. Those close to DeWine at the time emphasized how he had been deliberate in identifying a qualified health care professional for the job rather than rewarding a career bureaucrat or political loyalist.

It was a move that initially seemed to pay off in the early days of Covid. DeWine’s daily televised briefings, often with Acton at his side, became appointment viewing in Ohio. Acton herself became a household name, so beloved that one company printed T-shirts in her honor.

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While the Republican base vilified DeWine and Acton for their initially aggressive pandemic management, both remained popular in broader circles. Democrats tried to recruit Acton to run for an open Senate seat in 2022 — an option she strongly considered but decided against. That same year, DeWine cruised to re-election, helped by Democrats and independents who appreciated his handling of Covid.

Republicans fighting to hold onto the governor’s mansion after the term-limited DeWine leaves office have branded Acton as a quitter.

“What did Amy Acton do when the legislature began pushing back? Amy Acton quit,” state Senate President Rob McColley told an audience in January after being introduced as Ramaswamy’s running mate for lieutenant governor. “Ohio needs a businessman, not a bureaucrat. Ohio needs a creator, not a quitter. Ohio needs a visionary, not a victim. Ohio needs somebody who’s going to focus on affordability, not somebody who’s going to put in lockdown policies that are going to raise our prices.”

Though DeWine has endorsed Ramaswamy, he also has attempted to inoculate Acton from pandemic-related criticism.

“The decisions that were made during COVID, they were my decisions, so no one should blame someone else if they don’t like it,” DeWine told Columbus’ NBC affiliate in December. “The buck stops with me.”

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Ohio Valley hospitals mark Donate Life Month with flag raisings, awareness events

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Ohio Valley hospitals mark Donate Life Month with flag raisings, awareness events


Blue and green Donate Life flags are flying at several Ohio Valley hospitals this month as health care workers and supporters work to raise awareness about organ, eye and tissue donation.

WVU Medicine Barnesville Hospital hosted a flag-raising ceremony Thursday in honor of National Donate Life Month. The event aimed to raise awareness of organ, eye and tissue donation.

In addition to the ceremony, an educational table and a pinwheel garden will be on display at Barnesville Hospital throughout the month. The displays are intended to give visitors a chance to learn more about organ donation and to honor donor heroes.



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Ohio moves to undo Cincinnati’s conversion therapy ban | Opinion

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Ohio moves to undo Cincinnati’s conversion therapy ban | Opinion



A proposed Ohio law and U.S. Supreme Court decision could overturn Cincinnati’s ban on conversion therapy, raising concerns about the return of a discredited and harmful practice.

Just over 10 years ago, Cincinnati City Council voted to ban conversion therapy in the city. For those who are unfamiliar, conversion therapy is a discredited practice aiming to “cure” patients of their homosexuality. This is at best useless pseudoscience and at worst a dangerous abuse of children.

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It proved especially dangerous in 2014 when a transgender teenager in Cincinnati named Leelah Alcorn died by suicide, which she said was in part caused by the conversion therapy she was forced to endure. Conversion therapy is completely ineffective and has already killed at least one Cincinnatian. Unfortunately, many conservatives are arguing that the practice should be protected.

State Representatives Gary Click and Josh Williams have introduced a bill in the Ohio Statehouse that would ban cities from regulating conversion therapy, which would overturn Cincinnati’s ban and bring back this harmful practice. Even more broadly, the U.S. Supreme Court’s ruling in Chiles v. Salazar seems likely to ban states and cities from regulating conversion therapy.

Turning back the clock

To be clear, these bans leave religious expression untouched. People can still speak out against homosexuality or say whatever they want about LGBTQ rights. These bans target therapy, not religious practices. I believe there can be sensible regulations on therapy to ensure that providers are not doing anything harmful to their patients, in the same way that there are regulations on what medical services a doctor can provide.

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The actions by the Ohio GOP and the Supreme Court show that some want to turn the clock back and take away any rights that LGBTQ people have fought for over the past few decades. Gay rights opponents will try to soften their language and say they are just focused on transgender surgeries for minors or fairness in sports, but promoting this practice shows their problem is with gay people in general.

No matter how much you repeat it, you can not “pray the gay away.” Trying to force gay people back into the closet only results in tragedy.

Ben Kelly lives in Over-the-Rhine. A graduate of Northern Kentucky University, he works in government and is active in Democratic politics. Kelly worked with the National Suicide Prevention Hotline from 2019-2022.

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