Saturday, May 12, 2001
Court says coalition can get school records
The Associated Press
COLUMBUS The Ohio Supreme Court on Friday ordered the state to make documents and other information immediately available to the coalition of schools suing Ohio over its school-funding system.
In a victory for the coalition, the court ruled 6-1 to require the state to turn over documents and allow interviews of state officials as requested by the Ohio Coalition for Equity and Adequacy of School Funding.
The coalition demanded the information so it could respond to the state's court-ordered fix of the school-funding system, due at the Ohio Supreme Court by June 15.
The coalition needs the information to adequately prepare for its response and a hearing before the court June 20, executive director William Phillis said.
The state argued that the information the coalition requested was not available in any form, and it had no duty to respond to the requests.
We do not accept this argument, Chief Justice Thomas Moyer said in his opinion. Because the court has not provided for a traditional evidentiary hear ing involving examination and cross-examination of witnesses, that record must, by default, be created by other means, i.e., filed depositions, affidavits, documents, etc.
The court has twice ruled 4-3 that the state's school-funding system is unconstitutional because it relies too much on local property taxes, favoring rich districts over poor.
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