Youngstown school case goes before appellate court

COLUMBUS — Legal counsel for the Youngstown school board and teachers union asked an appeals court today to stop a new academic distress commission from moving forward until a legal challenge to the state law that created it is fully considered.

Charlie Oldfield, the attorney representing the appellants, told a three-judge panel of the 10th District Court of Appeals that time is of the essence in the case, given that the new academic distress commission had its first session the night before, with plans to name a new school district chief executive officers by early June.

“Things are going to start moving very rapidly,” Oldfield said. “Once these things start happening, we’re not going to be able to put the toothpaste back in the tube. [The new CEO] can close schools, he can hire and fire, he can change curriculum, and it’s going to forever irreparably harm not only my client but the students in the school district.”

Appeals Court Judges William Klatt, Susan Brown and Jennifer Brunner are considering whether to reverse a trial judge’s decision in October to reject a request for a preliminary injunction, postponing the effective date of a new state law shifting administrative authority over the Youngstown district to an appointed CEO.

Franklin County Judge Jenifer French ruled the plaintiffs in the case were not likely to succeed on the merits of their claims that HB 70 was unconstitutional.

The legislation, which was passed by lawmakers and signed into law last year, requires the creation of a new academic distress commission and the appointment of a CEO to oversee long-failing school districts. The latter will have authority to replace school administrators and staff and close schools.

The Youngstown school district initially is affected by the bill, though similarly situated districts would come under the new requirements in the future.

For the complete story, read Friday's Vindicator and Vindy.com