Judge Linton Lewis Jr. of Perry County Common Pleas Court - who in 1994 declared Ohio's school funding formula unconstitutional - is now the man in charge of making sure legislators come up with a plan that brings equity to schools across the state.
"This judge has the authority to take command over a very unusual situation," said T.P. Daniel, associate professor of educational administration and an adjunct professor of law at Ohio State University. "He may have the authority to ... step in and essentially say to the legislature, 'You've got to re-adjust your budget.''
Judge Lewis' influence was solidified Monday when the Supreme Court upheld his 1994 ruling and gave the legislature one year to devise a more equitable funding plan - which Lewis must review.
The judge wouldn't comment Tuesday on criticism from Gov. George Voinovich and some legislators that the Supreme Court's opinion was vague and offered no guidelines for creating a funding system.
Lewis, however, noted that his 1994 opinion offered criteria for creating a constitutionally acceptable educational system. The opinion, among other things, said such a system would recognize that the state has the ultimate responsibility for ensuring that public schools are in good repair and that students are taught to be self-sufficient and well-rounded citizens.
How will Lewis make sure the General Assembly creates such a system?
He's going to take a hands-on approach.
The Ohio Coalition for Equity & Adequacy of School Funding - the group, representing most of the state's 611 public school districts, which filed the 1991 lawsuit against the state - plans to reveal today its proposal for remedying the school funding situation.
William Phillis, executive director of the coalition, said the group will have a "ballpark figure" for how much it will take to fix school facilities and provide students with a safe and decent education.
After that announcement, Lewis said he will arrange a "status conference" with attorneys for the coalition and the state. They will discuss how the General Assembly will approach its duty to devise a new funding system.
Lewis said such status conferences will be held throughout the year so he and attorneys from both sides can discuss the legislature's progress.
Daniel said that while it's unusual for a common pleas judge to have so much power, the General Assembly will have few options but to follow his direction.
He said it would be politically unwise for legislators to try to persuade voters to change the Constitution in order to avoid improving Ohio's poorer school districts - which means lawmakers will have to raise taxes because Lewis has made it clear students in Ohio deserve to be brought into the 1990s.
"Some kids have access to computers anytime they want and others have never seen a computer," Daniel said. "You have kids whose instructors are attuned to the latest methodology and instructors whose training can best be described as poor. This is more than a dollar issue, according to Judge Lewis. He's essentially said this is 1997, we are in an information age."
Charles Hallinan, an associate professor of law at the University of Dayton who has served on the Rules Advisory Committee of the Ohio Supreme Court, also said the legislature's best bet is to get started following the Supreme Court's order.
"The smartest thing they could do would be to get a widespread discussion going about the cost of education, and then come up with a replacement system," Hallinan said.
State Sen. Rhine McLin, D-Dayton, agreed.
She said she fears the court decision will spur legislators to try to take too much control over how schools operate - but some action must be taken to make schools better.
"Our schools are drab places that are not conducive to learning," she said. "They look more like punishing institutions instead of learning institutions."
Judge Linton Lewis Jr. will make sure legislators come up with a
school funding plan.