The School Funding Elephant in the Room: Why Ohio Isn’t Following Its Own Law

The School Funding Elephant in the Room: Why Ohio Isn’t Following Its Own Law

By John Marra, Timberlake Mayor

Let’s be clear: Ohio is breaking the law — its own law.

In 1997, the Ohio Supreme Court ruled in DeRolph v. State that the state’s system of school funding — one that leans heavily on local property taxes — was unconstitutional. The Court determined that this method created glaring inequities between districts and violated Ohio’s constitutional obligation to provide a “thorough and efficient system of common schools.” That was nearly three decades ago.

And yet, here we are. Nothing has changed.

The burden still falls squarely on homeowners, and the legislature continues to ignore the ruling. The result? A broken system — and a betrayal of both the Ohio Constitution and the residents who are paying the price.

This is the elephant in the room. Nearly two-thirds of your property tax bill goes to schools. So when local governments ask for even modest levies to maintain roads, police, or fire services, they’re often met with frustration — and understandably so. Homeowners are already maxed out, forced to subsidize the state’s failure to fund public education fairly. They’re not just paying taxes — they’re covering for a legislature that refuses to follow the law.

And here’s the worst part: when legislators discuss “property tax relief,” they talk about rising bills — but not the root cause. They never acknowledge that the single biggest driver of property taxes is school funding. That’s what Ohioans can no longer afford. Yet instead of fixing it, the state keeps shifting more responsibility onto local property owners while pretending to offer solutions. It’s a bait-and-switch — and people are finally catching on.

Meanwhile, the state keeps slashing income taxes. On paper, that sounds like relief. In practice, it’s anything but. Each cut reduces the revenue Ohio could use to properly fund schools — which is exactly what the court demanded. The shortfall doesn’t vanish; it gets passed down to you. That means more school levies, more millage, and more tax hikes, even when your income hasn’t changed.

These aren’t votes of choice. They’re ultimatums: “Pass this levy or watch your schools suffer.” It’s a rigged game, and working families, seniors, and those on fixed incomes are the ones paying for it.

To make matters worse, when the state does allocate more funding to schools, it’s often earmarked for narrow initiatives or specific programs — not core operating costs. That forces districts right back to the ballot box, tying their general funding needs to property values. So when your home gets reappraised — even if you didn’t sell it, improve it, or move — your taxes spike. This isn’t just unfair. It’s unsustainable.

And here’s a basic truth the state refuses to acknowledge: money is money — and taxes can only be paid with income. Property, by itself, doesn’t pay taxes. It doesn’t generate cash unless you sell it or lease it out. For most homeowners, especially retirees or middle-class families, their home is their asset, not their income. Expecting them to pay rising taxes on unrealized, paper- based “value” is a recipe for forced sales, displacement, and long-term financial harm.

Let’s be honest: homeownership in Ohio is starting to feel like permanent rent to the government. You never really own your home if you can lose it for failing to pay an ever- growing tax tied to its theoretical market value. It punishes stability and targets those least able to keep up — retirees, low-income households, and anyone living on a fixed budget.

We were told this would change. The Ohio Supreme Court said it must change. But the legislature hasn’t listened. In fact, they’ve made it worse — deliberately cutting income taxes to benefit their donor base and re-election campaigns, while knowingly starving schools of the funding they need. Then they wash their hands of it and leave local communities to clean up the mess.

This is more than a question of tax fairness. This is a question of law — and whether our lawmakers believe they are bound by it.

Ohio made a promise to its people. Its highest court reinforced that promise. Now it’s time to hold the state accountable.

No more excuses. No more delays. It’s time to remove education funding from the backs of homeowners once and for all — through real reform, constitutional amendment if necessary, and the political will to say “enough”.

This fight isn’t just about taxes. It’s about justice.


Editorial opinion by Brian Massie, A Watchman on the Wall

We started the citizens led initiative trying to get property relief for seniors. We created a S.O.S….S.O.S…Campaign to Save Our Seniors. Unfortunately, we were told by State legislators that the legislators do not believe in a “carve out” for seniors. “If seniors cannot afford their property taxes, they should sell their home and move into an apartment.” said State Senator Jerry Cirino.

Will you join the movement?

An internet search on the DeRolph case gave us a chronology of the case:

https://www.brickergraydon.com/insights/resources/key/Chronology-of-the-DeRolph-v-Ohio-School-Funding-Litigation

December 19, 1991. A complaint is filed by the Ohio Coalition for Equity & Adequacy of School Funding in Perry County on behalf of the Northern Local School District challenging the constitutionality of Ohio’s elementary and secondary public school funding system.

July 1, 1994. Judge Linton Lewis, Jr. issues a ruling stating that education is a fundamental right and that Ohio’s system of school funding is unconstitutional.

March 24, 1997. The Ohio Supreme Court issues an opinion holding that the current funding system is unconstitutional and orders a “complete, systematic overhaul” of the system with enactment required within 12 months by March 24, 1998. The Court remands the case to the trial court to conduct a hearing and issue findings as to whether the anticipated remedial legislation satisfies the mandates of the Ohio Supreme Court.(DeRolph I)

May 11, 2000. Supreme Court issues opinion holding that Ohio’s school funding system remains unconstitutional and gives the State until June 15, 2001 to bring the system into compliance. The Court retained jurisdiction to review the legislation enacted in response to its remedial orders. (DeRolph II)

September 6, 2001. Ohio Supreme Court issues an opinion which holds that Ohio’s school funding system is unconstitutional, but orders State defendants to alter the methodology for determining the per pupil base support and accelerate the phase-in of parity aid, at which point the system will become constitutional. (DeRolph III)

May 16, 2003. The Ohio Supreme Court issues an opinion granting the writ of prohibition and stating that “we now grant a preemptory writ and end any further DeRolph litigation in DeRolph v. State.” Thus Court, thus, prohibited the trial court from conducting the status conference sought by the DeRolph plaintiffs and foreclosed any further proceedings in the case.

So it looks to this writer that because the State changed the funding methodology for the State’s public schools the court dropped the DeRolph case. The State continues to change the funding methodology by forcing increased local funding through property taxes. There are no checks and balances in our tax system to ensure that the taxing authorities, including schools, are being good stewards of the taxpayers’ money.

Many taxing authorities are accumulating massive amounts of taxpayer money, without any thought of returning any excess to the taxpayers. They are “sucking the lifeblood” out of the community. The excess money needs to be in the hands of the taxpayers, not the governmental bodies.




Categories: Community Activism, Lake, Ohio Counties, Real Estate Taxes

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