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Youngstown school board action is denied once more
YOUNGSTOWN
The 10th District Court of Appeals in Columbus issued a 2-1 denial of the Youngstown Board of Education’s appeal to delay House Bill 70.
HB 70 enables a CEO, Krish Mohip, to lead the school district with state-appointed academic distress commission oversight. Both are now in place in Youngstown.
Several appellants filed the appeal in October 2015, a year and four months before this week’s decision. They are the Youngstown school board, Youngstown Education Association, Ohio Education Association, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County and Municipal Employees Ohio Council 8 and Jane Haggerty – a city schools teacher and district resident.
The initial complaint was filed in Franklin County Common Pleas Court for a preliminary injunction to stop the CEO from coming while the appellants sought a declaratory judgment and challenged the constitutionality of the law.
“After a two-day hearing, the trial court denied appellants’ motion for a preliminary injunction on Oct. 13,” court documents say. “The trial court determined that appellants had not established by clear and convincing evidence that they had a substantial likelihood of succeeding on the merits that they would suffer irreparable injury in the absence of an injunction, that there was a grave risk to third parties if the state proceeded and that an injunction was in the public interest.”
The appellants then appealed that decision, which was denied Thursday by the 10th District Court of Appeals. But the original lawsuit appealing HB 70 on constitutional grounds is ongoing in Franklin County Common Pleas Court. This decision dealt only with the appeal of the preliminary injunction denial.
The majority opinion, including appellate court Judges Susan Brown and Lisa Sadler, states the court did not find its denial of the original “injunctive relief” as “a final, appealable order that supports jurisdiction in the court.”
“In the absence of a final, appealable order, we lack jurisdiction and we must dismiss the appeal,” the opinion says.
Minority opinion Judge Jennifer Brunner’s opinion states that the court does have the jurisdiction to hear the appeal.
“I would further find that the trial court abused its discretion when it denied Youngstown’s motion for preliminary injunction,” the minority opinion says.
Brenda Kimble, city school board president, said she wished the court would’ve handed the decision down quicker than a year and four months.
“Of course I am not surprised at the outcome of this appeal,” Kimble said, “However, my concern is when you place something into a court system – a legal system – I would hope they would look at the reason it was placed there. It seems two judges ruled on what they felt was happening in the district at this time, and not the case being unconstitutional.”
Kimble said that this isn’t the end, however, and the appellants are going to get together in the near future to discuss the next step.
“If [the court] sees the harm being done to the district in another year or so, maybe we will be granted an appeal,” she said. “We are going to continue to fight and challenge this law because this is about our children, and our children are not for sale.”
A further appeal for an injunction would go to the Ohio Supreme Court. But board member Dario Hunter said continuing to pursue the issue is “embarrassing” and a waste of district money.
“The appeals are just one big ball of emotional indecision of members on this board,” he said.
Mohip said he’s pleased with the court decision.
“I have great attorneys working in the courtroom,” he said. “Right now I’m focused on what happens in the classroom.”