Youngstown school board answers state’s motion to dismiss lawsuit

The NAACP attended a meeting of the Youngstown City School Board.
File: January meeting of the Youngstown City School Board.

YOUNGSTOWN, Ohio (WKBN) – The Youngstown City School Board filed a motion in Franklin County Court Wednesday asking a judge to deny the State of Ohio’s motion to dismiss its lawsuit over House Bill 70.

The state filed a motion two weeks ago to dismiss the school board’s case. The state contends that the validity of HB 70, which would appoint a CEO to run the school district, is not an issue for the court to decide. In the court filing, the state contends that the bill was passed using a legal and constitutional process and any question of the bill’s merit should go before the General Assembly.

In the motion to deny the state’s request for dismissal, the board states that HB 70 was not passed in an appropriate manner and that legislators did not have time to completely read and understand the bill. The board also contends that changes were made to the legislation so much so that the sponsor of the bill, State Representative Denise Driehaus, D-Cincinnati, said it was “vitally altered” and voted against it.

The motion further states that denying the voters’ right to an elected school board, with power to make decisions for the district, is unconstitutional and is requesting that the case move forward.

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