Innovation Ohio

What you need to know about Ohio Politics and Policy

Unfinished Business: Important Bipartisan Reforms Await Legislature’s Return

Several bipartisan proposals — among them gun safety reforms, a fix to Ohio’s out of control private school voucher program and modernization of our voting systems, just to name a few — still await action in the legislature 20 months into the General Assembly’s current two-year term.

The Ohio Senate this week announced that it is canceling its scheduled Session next week, joining the Ohio House in having no plans to return to Columbus in August. Both chambers have tentative plans to conduct business in mid-September, which may represent the last best opportunity for important legislation to be enacted before the election and the end of the legislative term.

Several bipartisan proposals — among them gun safety reforms, a fix to Ohio’s out of control private school voucher program and modernization of our voting systems, just to name a few — still await action in the legislature 20 months into the General Assembly’s current two-year term.

Without action by the end of this year, all progress on these and many other important proposals will be lost, and bills must be reintroduced in January 2021 with the process starting over at the beginning. 

Bipartisan proposals still awaiting action in the legislature:

  • The Ohio Fairness Act, to prohibit discrimination in housing, employment and public accommodations on the basis of gender identity and sexual orientation
  • Ending Ohio’s out-of-control and unsustainable private school voucher program
  • Reform of Ohio’s property wealth-based formula for funding schools
  • Bipartisan gun safety reforms like a red flag law and safe storage requirements
  • Nuclear bailout repeal and restoration of renewable energy and efficiency standards
  • Ending the failed experiment with Academic Distress commissions 
  • Modernizing Ohio’s election system including online ballot requests and automatic voter registration
  • Drug sentencing reform
  • Aisha’s Law

Other pending proposals that haven’t had the attention they deserve:

  • Increasing the minimum wage
  • Creating a paid family and medical leave system
  • Ending the spousal rape loophole
  • Policing reforms

As voters head to the polls, it’s important to press lawmakers for a commitment to return to Columbus to do the people’s work on these and other important proposals.

With an eye toward the November elections, beginning next week we’ll be back with a scorecard evaluating how lawmakers have performed on important votes taken so far in the 133rd General Assembly.

New Legislation This Week 

Below are some of the new bills introduced in the last several weeks since we last sent an update. You can also view the complete list of bills we’re tracking.

  • House Bill 742 (Crossman, Brent) – John Lewis Voter Registration Day – to designate February 21 as “John Lewis Voter Registration Day” and to require the boards of elections to promote that day to encourage voter registration.
  • House Bill 744 (Leland, Brent) – Rental Assistance – to enact the Eviction Crisis Response Act to create the COVID-19 Emergency Rental Assistance Program, to make an appropriation, and to declare an emergency. 
  • House Bill 746 (Lanese, Greenspan) – HB6 Energy Repeal – to repeal the changes made by H.B. 6 of the 133rd General Assembly to the laws governing electric service, renewable energy, and energy efficiency and the changes made to other related laws.
  • Senate Bill 348 (Schaffer, Roegner) – Health Orders – to prohibit local boards of health from using certain threatening words in notifications to the public, to allow local boards of health to reject Department of Health orders during an emergency, to allow health care professionals who serve on a board of health to receive continuing education credit, and to change the makeup of local boards of health.
  • Senate Bill 349 (Fedor) – Campaign Finance – to modify the campaign finance law, to name this act the Ohio Anti-Corruption Act, and to amend the versions of sections 3517.10, 3517.105, and 3517.106 of the Revised Code that are scheduled to take effect January 1, 2021, to continue the provisions of this act on and after that effective date.
  • Senate Concurrent Resolution 17 (Fedor) – Campaign Finance – to urge Congress to pass legislation requiring corporations and labor organizations that make political expenditures to disclose the identities of their donors.

Ohio Lawmakers Focus on Coronavirus Emergency

This week, the legislature is back in session for the first time in nearly a month, taking up a number of emergency measures necessary to respond to the Coronavirus pandemic.

Items we know will be on the agenda:

  • Rescheduling the March 17 primary election
  • Waiving standardized testing and other requirements for schools
  • Extending the time to renew a drivers’ license
  • Changes to laws requiring in-person meetings of various governing bodies, boards and commissions

Other legislation that could be in the mix include:

  • Addressing expanded eligibility for private school vouchers to prevent a continued negative fiscal impact on local districts

The process at the Statehouse this week will look very different.

No regular committees are scheduled to meet, other than the powerful Rules committees in each chamber, which determine which measures will be going to the floor for debate and vote.

The House is scheduled to meet three times: Tuesday, Wednesday and Thursday at 1pm, while the Senate is in session on Wednesday (and possibly Thursday, if needed) at 1:30. At this hour, we are even hearing that the Senate may be called into session later today. 

No regular committees are scheduled to meet, other than the powerful Rules committees in each chamber, which determine which measures will be going to the floor for debate and vote.

What those sessions will look like is up in the air – while members’ desks are normally well-spaced, it is possible that debate and vote may be extended to limit the number of people in the chamber at any one time. 

The mechanism for enacting the above changes to state law is likely to look very different. Instead of three committee hearings before a bill goes to the full House or Senate for a vote, It is likely that policy changes enacted this week will be made by members offering, debating and voting on amendments on the floor of their respective chambers, potentially incorporating them into unrelated legislation that has already gone through the committee process. This faster, less hands-on process is arguably necessitated by the public health emergency but offers far less transparency, predictability and almost no opportunity for public input.

If you have an issue that requires legislative attention, contact your state lawmakers as soon as possible. 

We’ve provided more guidance below on how to get help from state leaders during this crisis.

Who to Contact for Help

Remember, part of a lawmaker’s job is to provide constituent services. If you are experiencing challenges accessing benefits that you or your business may be eligible for, or in dealing with a state agency, your state lawmakers should be able to help you navigate those programs and get resolution. 

In some cases, issues you are experiencing may highlight previously-unknown gaps in state programs and benefits. Letting your lawmaker know is one of the best ways to get those systemic gaps onto the radar of policymakters and into the legislative agenda at the Statehouse.

 The Governor’s office also operates a constituent helpline. If you are having trouble with a state government program or agency, they are there to help. 

If you observe someone engaging in fraudulent behavior, such as price-gouging or scamming consumers, contact the office of the Attorney General of Ohio.

New Legislation

Below are bills that have been recently introduced to deal with the current public health emergency:

  • House Bill 557 (Sobecki) – Video Meetings – to authorize public bodies to meet via teleconference and video conference during a public health state of emergency as declared by the Governor, and to declare an emergency.

Committee Hearings to Watch

  • Tuesday, 11 am – House Rules and Reference. Statehouse Room 116.
  • Wednesday, 10:30 am – House Rules and Reference. Statehouse Room 116.

Find details about all upcoming committee hearings:

In-Session

  • House: Tuesday, Wednesday, and Thursday at 1:00 pm – watch online 
  • Senate: Wednesday (and Thursday, if needed) at 1:30 pm – watch online

As always, we will be sharing updates on Twitter using the #OHLeg hashtag for legislation, #OHBudget for budget updates and #OHGov for executive actions. Follow us to stay up-to-date on what’s happening at the Statehouse.

>> Sign up for legislative alerts and other updates at innovationohio.org/signup

SB 89 Could Prevent Disaster For Ohio Public Schools

Without legislative action, Ohio public schools face a funding crisis as expanded eligibility for private school vouchers could drain local school districts of state funding necessary to operate.

The latest data from the Ohio Legislative Service Commission clearly shows that House-passed changes to the EdChoice voucher program (contained in amendments to Senate Bill 89) would offer a needed reprieve to children in public school districts across the state when compared to the status quo if nothing changes.

Lawmakers are currently debating two solutions to the voucher crisis, but the House plan, contained in Senate Bill 89, is preferred by most education groups.

That’s because Senate Bill 89 eliminates the performance-based EdChoice voucher which awards students a private school voucher if their local school building fails on even a single state report card measure. Recent changes to state report cards have driven a huge increase in the number of districts slated to lose students and funding as early as next year.

If left unchecked, 1,227 buildings – more than 1/3 of all Ohio public school buildings – would qualify for a voucher next year, potentially increasing the amount of money spent on the state’s 5 voucher programs to $500 million or more a year.

A bar graph that shows the drastic increase in spending on Ohio's 5 school voucher programs that siphon tax dollars from public schools to find private schools.
Bar graph illustrating how the historical cost of Ohio’s voucher programs has skyrocketed.

Senate Bill 89 would reduce that expansion in buildings losing funding and students to vouchers by significantly limiting eligibility for any new vouchers based on school building “performance” (as measured by state report cards).

Senate Bill 89 retains the state’s other, income-based version of the EdChoice voucher, which would be limited to families earning up to 300 percent of poverty. Under the plan, the state would begin directly funding vouchers, eliminating the transfer of taxpayer dollars meant for kids in local public schools to private schools.

Here is how it plays out for a few key State Senators who would need to vote to agree to House changes to Senate Bill 89 for it to become law:

Buildings At Risk of Voucher Funding Losses: Status Quo vs Senate Bill 89

The Problem
The Proposal
Senator2019-20 school year2020-21, if nothing changes (current law)If SB89 passes, 2020-21
Dolan
8
24
3
Hottinger
12
59
0
Kunze
4
32
2
Obhof
7
31
3
Peterson
18
62
6

*Please note that a school district is counted as part of the Senate District if the Senator represents 10% or more of the school district.

Click to view complete data

The impacts on many vulnerable lawmakers in an election year are stark.

If Senate Bill 89 were to become law, Franklin County Senator Stephanie Kunze would see the number of voucher-eligible buildings set to lose students and funding to private schools in the 2020-2021 school year go from 32 to just two. Similarly, Cuyahoga County’s Sen. Matt Dolan would see eligible buildings plunge from 24 to 3.

Even members of Senate leadership would see major benefits from the passage of Senate Bill 89.

State Sen. Jay Hottinger, in line to have 59 voucher-designated buildings in his senate district next year, would see that number drop to zero under Senate Bill 89, while State Sen. Bob Peterson would see his district’s 62 voucher-eligible buildings drop to 6. Even Senate President Larry Obhof would see his buildings drop from 31 to 3.

Statewide, under Senate Bill 89, the number of eligible buildings would drop from potentially 1,227 next school year to just 343.

An attached spreadsheet shows how Senate Bill 89 would address the voucher explosion in all Senate districts.

The analysis is clear: Senate Bill 89 is needed to address the immediate voucher crisis facing Ohio public school districts

10 Senators With A Voucher Problem: Where the impact of the voucher crisis will be hardest felt

The Ohio House and Senate are advancing two competing plans to address Ohio’s private school voucher explosion, but without a fix, some lawmakers will feel acute pain as their local schools see funding losses skyrocket.

Without action, the impacts on local school districts could be catastrophic.

Thanks to years of policy changes expanding eligibility for vouchers, the scope of the problem continues to grow, with local public schools set to lose $62 million more to private school vouchers this year alone. As the two plans to address the crisis are debated at the statehouse, it’s important to understand just how much of an issue this could become for lawmakers considering these changes.

Without action, the impacts on local school districts could be catastrophic. Next year the number of local school buildings where students would be eligible to take a voucher to attend private schools is set to skyrocket:

2019-20202020-2021
Public school buildings affected by voucher losses4831,221

Districts statewide will be affected, but some lawmakers see more impacts than others.

For example, State Sen. Tim Schaffer, R-Lancaster, would see the number of public school buildings in his district eligible to lose students to private school vouchers rise next school year by 53 from 11 to 64.

Likewise, state Sen. Jay Hottinger, R-Newark, would see the number of buildings losing students (and funding) to vouchers jump from 9 to 58. 

Top Ten Senate Districts Impacted By Rise In Voucher Eligibility:

Senator 2019-2020: Buildings eligible2020-2021: Buildings eligibleChange in number of eligible buildings
Tim Schaffer1164+53
Andrew Brenner90142+52
Tina Maharath97148+51
Jay Hottinger958+49
Bob Peterson1462+48
Frank Hoagland956+47
Terry Johnson549+44
Dave Burke1859+41
Rob McColley545+40
Theresa Gavarone4078+38

These exponential increases are thanks to a recent change in how the state assigns report card grades to school buildings that even the legislature’s top voucher proponent, State Sen. Matt Huffman, R-Lima, has called “arbitrary.” In 2011, Huffman wanted to turn the entire EdChoice voucher program into an income-based voucher program, not unlike what House Speaker Larry Householder passed last week in House Bill 89.

“It should be based on need and ability to pay, not some arbitrary standard,” he said during his 2011 press conference about his House Bill 136 that would have created the statewide, income-based voucher program.

If nothing is done to fix this crisis over the next few weeks, Huffman’s Senate colleagues – many of whom represent rural districts – will have to explain to their constituents why they approved increasing the number of buildings eligible to lose state funding to private school vouchers by as much as 800 percent. 

Huffman is also in line to be the next Senate President.

Statehouse Preview: Fairness Act Supporters Get Key Hearing

This week, lawmakers will hear from supporters of the House version of the Ohio Fairness Act (HB369). The bill would prohibit discrimination in housing and employment on the basis of sexual orientation and gender identity. Hundreds of Ohioans are expected to submit in-person or written testimony on Tuesday in which they will lawmakers to end Ohio’s system of legal discrimination once and for all. 

Take one minute to use our advocacy tools to send a letter to your lawmakers in support of the Ohio Fairness Act.


House committees will also hear from sponsors of two new pro-gun proposals this week. House Bill 425, which eliminates the duty to inform law enforcement officials of the presence of a concealed weapon and House Bill 178, which would effectively allow concealed weapons anywhere without a permit will receive sponsor testimony. 

New Legislation
Below is one bill that was introduced last week that we’ll be keeping an eye on in the coming months:


SB 262 (Williams) – Charter/Voucher Funding – to require the direct payment of state funding to community schools and science, technology, engineering, and mathematics schools; to require the direct payment of K-12 state scholarships; and to make an appropriation.

>> You can monitor the status of all the bills we are watching here.

Statehouse Preview: Make Or Break Time for Voucher Fix

This week, lawmakers are scrambling to pass legislation to slow down the problem of runaway private school vouchers that are draining millions of dollars from our public schools as a result of misguided policy changes expanding the school choice program. The problem — and a potential legislative fix that is under discussion — are explained well in this article in the Marion Star.

On the Innovation Ohio blog, Education Policy Fellow, Stephen Dyer explains in four charts how Ohio’s voucher problem got to where it is today and why, even with a short-term fix, it remains out of control.

The most likely scenario for a legislative patch is a bill already passed by the House will be amended in a Senate committee as early as today, and quickly move to the Senate floor. If it passes, the House must then vote to concur with Senate changes. The bill also requires a legislative supermajority in order to take effect immediately rather than in the normal 90 days. 

This all needs to happen before Friday in order to prevent another round of funding losses to hit public school districts. 


Elsewhere in the Statehouse, House leaders scheduled–and later postponed–a committee hearing featuring testimony on the House version of the Ohio Fairness Act (HB369), prohibiting discrimination in housing and employment on the basis of sexual orientation and gender identity.

Ohio still has no anti-discrimination law on the books. The new hearing date is now planned for February 4.

Also this week, two House proposals to weaken Ohio’s gun safety laws (HB425 and HB381) are getting sponsor testimony in committee. See below for schedules.

New legislation

Below are the bills that were introduced last week that we’ll be keeping an eye on in the coming months:

>> You can monitor the status of all the bills we are watching here.

>> Sign up for our weekly Statehouse Preview newsletter for even more insight on what’s happening on Capitol Square this week.

Ohio’s School Voucher Explosion and 5 Potential Solutions

Well, that was fast. 

In late November, we at Innovation Ohio noticed there was a startling increase in the amount of taxpayer money being transferred from school districts to private, mostly religious schools.

In fact, it was an explosion — $47 million since the end of last school year and $57 million between November 2018 and November 2019 – a more than 20%, November-to-November increase.

We also noticed that many school districts losing sometimes hundreds of thousands of dollars to private schools this school year lost zero dollars to them only two years ago.

Our post led to a series of newspaper and other media reports demonstrating the issue throughout the state. It even forced Ohio House Speaker Larry Householder to say that his top legislative priority this year is to fix the voucher issue.

But what is this voucher issue, and why has it exploded so recently?

The answer is simple: the state report card and money. 

Let’s take each issue in turn.

Problem 1 – The State’s Report Card

While there are several voucher programs in Ohio (for more detail on them, check out our report from a couple of years ago), the one that’s exploded is the EdChoice voucher transfer program. This program has been around since 2005 and it takes state money originally designated for a traditional, public school district and instead transfers that money to a private, most often religious school.

Which Ohio school districts are eligible for the EdChoice voucher program? Well, it’s complicated. 

Generally, the worst-performing districts in the state on the report card, as well as any child who would attend a building that has received bad marks on the state report card would be eligible for the EdChoice voucher program. Thus, a student who would otherwise attend a poor-performing school building in a well-performing school district would be eligible to receive a public subsidy to attend a private, most often religious school.

Ten years ago, the group of schools and districts eligible for EdChoice were mostly concentrated in Ohio’s urban areas, with only about 30 or so of Ohio’s 613 districts losing at least some of their state funding to private, parochial schools.

But then the state started to use Common Core tests — tests that ended up being changed several times over the course of a few years.

Common Core tests were changed several times over the course of only a few years, prompting the legislature to provide a “safe harbor” period allowing school districts to adjust to the evolving changes.

The “safe harbor” was implemented to prevent mass exodus via the voucher program of students headed to private schools on taxpayer subsidies meant for public school districts due to test changes and not actual student performance.

That safe harbor provision ended last school year, yet district and building grades in Ohio have remained artificially low. 

A bar chart illustrating how letter grades per school district have declined erratically during the period of time where Common Core was being changed year-to-year (2012-2019)
Letter grades per district have declined erratically during the period of time where Common Core was being changed year-to-year.

As the data trends suggest, poor letter grades on the state’s report card are much more likely today than they were under previous report card iterations.

In addition, as of the 2019 state budget, if districts received failing grades in only one of several report card categories, they’re eligible to lose state funding to vouchers. 

The grades earned need only be failing in one of the categories for 2 of 3 years between the 2014-2015, 2017-2018, and 2018-2019 school years. 

Yes, you read that correctly. 

The years in question are nonconsecutive. That is the state’s policy.

Under the new measurements, there are now more than 1,200 school buildings that will qualify for vouchers next year, and 512 of 613 Ohio school districts will lose state funding to the EdChoice voucher.

As the data trends suggest, poor letter grades on the state’s report card are much more likely today than they were under previous report card iterations.

In addition, as of the 2019 state budget, if districts received failing grades in only one of several report card categories, they’re eligible to lose state funding to vouchers.

The grades earned need only be failing in one of the categories for 2 of 3 years between the 2014-2015, 2017-2018, and 2018-2019 school years.

Yes, you read that correctly. The years in question are nonconsecutive.

That is the state’s policy.

Under the new measurements, there are now more than 1,200 school buildings that will qualify for vouchers next year, and 512 of 613 Ohio school districts will lose state funding to the EdChoice voucher.

Under the new measurements, there are now more than 1,200 school buildings that will qualify for vouchers next year, and 512 of 613 Ohio school districts will lose state funding to the EdChoice voucher.

Problem #2 – Way more money diverted to vouchers

In addition to expanding the universe of eligible voucher students, state lawmakers have steadily increased the amount of taxpayer money diverted into the voucher program, away from public schools for each voucher recipient. 

Today, for high school students, it is the same amount of money per pupil as the base aid amount the state’s school funding formula provides for a public school student. That amount used to be far less – a key point for why the U.S. Supreme Court determined Ohio’s voucher system to be constitutional in 2002.

Now that voucher funding per pupil is on par with public school funding for high schools (it’s about $1,500 less for elementary school students), more private schools are opening their doors to these public subsidies, further draining funds from our public school districts.

 It used to be that, generally, the dollar amount of vouchers were worth less than those students would have received to attend the local public school district. 

Now that the voucher transfer is so much more, in many more instances, the amount going to the voucher is actually greater than the amount of funding the state would have sent the district for the same student. Thus, significantly more local revenue is subsidizing the state funding loss – along the lines of what has been happening with charter schools for years.

These changes are forcing districts to go to the ballot for new money levies more frequently and at higher levels.

Through state policymaking, pro-voucher proponents have significantly expanded the universe of potential voucher recipients to encompass nearly 1/3 of all school buildings in the state. 

By increasing the funding that follows students who opt to take advantage of the voucher program, the state has hugely expanded the universe of potential schools willing to accept vouchers for these students.

The result? Vouchers have exploded.

A bar chart showing the drastic increase in voucher-eligible school buildings in Ohio over the 2018-19, 2019-20, and 2020-21 school years. The number has increased from around 200 in 18-19 to around 1200 in 20-21.
The number of school buildings in Ohio whose students are eligible for the EdChoice voucher program has exploded this year.

Now what?

Many public school advocates are effectively pushing back against the expansion of vouchers.

One event will be held next week in Toledo. I will participate in this event as Innovation Ohio’s Education Policy Fellow.

These and other events have forced the Speaker’s hand.

There are many ways to fix this. Here are a few:

  1. Limit the vouchers to only students who have been enrolled in the school building or district that’s eligible for the voucher for more than 180 days. It’s tough to “fail” a student if that student never attends the district or building

  2. In order to be designated a voucher-eligible school or district, you have to receive failing grades in at least 2 (rather than 1) report card categories for three consecutive years. Additionally, limit it to buildings in districts with overall report card grades of C or below. This is the standard for charter school closure. It shouldn’t be easier to get a voucher than it is to close ECOT.

  3. Reduce the amount of funding for the vouchers to something approaching the ratio of the original program considered by the U.S. Supreme Court. Ohio is inviting legal challenges by granting private, mostly religious schools essentially the same base aid amount as a public school student, especially given that the state already pays to bus many of these students to the private school.

  4. Add financial accountability to the taxpayer dollars going to the private, mostly religious schools. One of the real issues with now more than $330 million going to private schools is none of that money is audited. We have no idea how it’s being spent. One of the checks we had on the privately run, publicly funded charter school sector was the public auditing of the money they received, which led to the uncovering of many incidents of taxpayer money being misspent.

  5. Directly fund all EdChoice voucher students from the state. The state already does this through the EdChoice expansion program (where any family of 4 making about $100,000 or less can receive a voucher, regardless of school performance, but that’s another story). Eliminating the deduction will also all but eliminate the local revenue-subsidizing-vouchers problem, and it will reduce the angst many district leaders have when they see on their state funding reports that they are slated to receive a certain level of funding, but get much less because the vouchers take a bunch off the top.

These are just a few of the ways to respond to this crisis that’s hammering many districts.

Who is really served by latest Kasich budget?

served If Gov. John Kasich’s latest two-year state budget proposal proves one thing, it is this: Most Ohioans don’t have a friend in Columbus. If you’re a high income earner, the governor is on your side. If you’re a bigwig at a Big Oil & Gas firm, the governor is your humble servant. If you are a charter school cheat, looting public education – John Kasich is your wheelman. If you’re looking for relief or a leveling of the playing field – you’re out of luck. There are still bills to be dropped, hearings to be held and a months-long political process to watch and to participate in on Capitol Square. Innovation Ohio will be unpacking the issues below in greater detail in the coming days and weeks. The state budget is about taxing and spending, but it’s also a huge collection of public policy changes. It’s a document that can be forward looking and which offers a plan to put public money into to the public’s interest. What we’re seeing so far is ideological dogma, little that speaks to the future and lots of your money flowing in the wrong directions. [Read more…]

IO Fellow: Public Schools in Ohio Get the Shaft When Pupils Leave District for Charters, Vouchers

IO Education Fellow Steve Dyer has been on the road participating in school funding forums. Today’s Vindicator has coverage of a forum in Austintown last night, “What Does School Choice Cost Community Taxpayers?” From their story:
When a student leaves a public school district, “the amount transferred is almost always more than the state would have given to the district for that pupil,” said Steve Dyer, education policy fellow at Innovation Ohio. Dyer said the state’s per-pupil contribution averages $7,004 for charter schools, $6,320 for online schools, $4,971 for vouchers and $3,033 for local school districts. “This is a problem,” he said. “… And it’s up to grassroots activists to go down to Columbus and change the system.”

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