The State Constitution - Article VI

A lot of people seem to either not know, not understand, or forget, that the Ohio constitution lays out a very clear duty for the state in the delivery of public education. Here's the full text, with the most relevant pieces highlighted.

Article 6 - Education

§ 01 Funds for religious and educational purposes The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this State for educational and religious purposes, shall be used or disposed of in such manner as the General Assembly shall prescribe by law.

(Amended, effective July 1, 1968.)

§ 02 Schools funds

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

§ 03 Public school system, boards of education

Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts.

(Adopted September 3, 1912.)

§ 04 State board of education

There shall be a state board of education which shall be selected in such manner and for such terms as shall be provided by law. There shall be a superintendent of public instruction, who shall be appointed by the state board of education. The respective powers and duties of the board and of the superintendent shall be prescribed by law.

(Amended November 3, 1953.)

§ 05 Guaranteed loans to residents attending colleges and universities To increase opportunities to the residents of this state for higher education, it is hereby determined to be in the public interest and a proper public purpose for the state to guarantee the repayment of loans made to residents of this state to assist them in meeting the expenses of attending an institution of higher education. Laws may be passed to carry into effect such purpose including the payment, when required, of any such guarantee from moneys available for such payment after first providing the moneys necessary to meet the requirements of any bonds or other obligations heretofore or hereafter authorized by any section of the Constitution. Such laws and guarantees shall not be subject to the limitations or requirements of Article VIII or of Section 11 of Article XII of the Constitution. Amended Substitute House Bill No.618 enacted by the General Assembly on July 11, 1961, and Amended Senate Bill No.284 enacted by the General Assembly on May 23, 1963, and all appropriations of moneys made for the purpose of such enactments, are hereby validated, ratified, confirmed, and approved in all respects, and they shall be in full force and effect from and after the effective date of this section, as laws of this state until amended or repealed by law.

(Adopted May 4, 1965.)

§ 06 Tuition credit program (A) To increase opportunities to the residents of this state for higher education, it is hereby determined to be in the public interest and a proper public purpose for the state to maintain a program for the sale of tuition credits such that the proceeds of such credits purchased for the benefit of a person then a resident of this state shall be guaranteed to cover a specified amount when applied to the cost of tuition at any state institution of higher education, and the same or a different amount when applied to the cost of tuition at any other institution of higher education, as may be provided by law.

(B) The tuition credits program and the Ohio tuition trust fund previously created by law, which terms include any successor to that program or fund, shall be continued subject to the same laws, except as may hereafter be amended. To secure the guarantees required by division (A) of this section, the general assembly shall appropriate money sufficient to offset any deficiency that occurs in the Ohio tuition trust fund, at any time necessary to make payment of the full amount of any tuition payment or refund that would have been required by a tuition payment contract, except for the contract's limit of payment to money available in the trust fund. Notwithstanding Section 29 of Article II of this Constitution, or the limitation of a tuition payment contract executed before the effective date of this section, such appropriations may be made by a majority of the members elected to each house of the general assembly, and the full amount of any such enhanced tuition payment or refund may be disbursed to and accepted by the beneficiary or purchaser. To these ends there is hereby pledged the full faith and credit and taxing power of the state.

All assets that are maintained in the Ohio tuition trust fund shall be used solely for the purposes of that fund. However, if the program is terminated or the fund is liquidated, the remaining assets after the obligations of the fund have been satisfied in accordance with law shall be transferred to the general revenue fund of the state.

Laws shall be passed, which may precede and be made contingent upon the adoption of this amendment by the electors, to provide that future conduct of the tuition credits program shall be consistent with this amendment. Nothing in this amendment shall be construed to prohibit or restrict any amendments to the laws governing the tuition credits program or the Ohio tuition trust fund that are not inconsistent with this amendment.

(Adopted November 8, 1994)

Vote NO on Issue 2

Having broken records to be placed on the November 8th ballot, SB5 will now be known to voters as Issue 2, with a NO vote required for its repeal. This is how it will appear to the voters

Issue 2 Referendum

A majority yes vote is necessary for Amended Substitute Senate Bill No. 5 to be approved.

Amended Substitute Senate Bill No. 5 is a new law relative to government union contracts and other government employment contracts and policies.

A “YES” vote means you approve the law.
A “NO” vote means you reject the law.

The Ohio ballot board, made up of 2 Republicans, 2 Democrats and the Secretary of State Jon Husted (R) acting as chair, met for 7 hours to determine the title and lauguage of 3 issues.

Issue 2 was taken last, and the final 10 minute recess before voting turned into a 2 hour meeting, behind closed doors, amongst the Republican board members and staff members from the Republican House Caucus. Over the last hundred years, all 12 efforts to repeal legislation have required a No vote, yet Republicans lobbied Secretary of State Husted hard to try to change the voting requirements from a NO for repeal to a confusing Yes.

To his credit, Husted held fast and in the end the board voted unanimously to uphold over 100 years of precedent and the constitution.

On November 8th, 2011 voters should be urged to vote NO on Issue 2 and repeal the unfair SB5, before it hurts the middle class and creates unsafe working conditions.