Mediation Fails, DeRolph Case Returns to Ohio Supreme Court

On March 21, 2002, the court-appointed mediator in the 11-year-old DeRolph v. State school funding case issued his final report to the Ohio Supreme Court, declaring that "mediation has not produced a resolution." The case will now return to the supreme court's active docket. For the mediator's report and the Chief Justice's statement, released today (March 21, 2002).

In its November 16, 2001 mediation order, the court had stated that if the mediation failed, the court would issue another opinion in the case. Since all four of the earlier DeRolph opinions, issued in 1997, 2000 and 2001, have been discordant 4 to 3 decisions, no one is yet attempting to predict the court's next ruling.

Events in the DeRolph litigation unfolded rapidly in 2001. In the Spring, the State revised its education finance system a second time in response to the supreme court's second DeRolph decision, issued last year. The legislature enacted a two-year $1.4 billion increase in state funding for education but did not significantly change heavy reliance on local property taxes. In June, before the Ohio Supreme Court, the parties argued whether the new system was constitutional.

On September 6, the Ohio Supreme Court issued its third decision in the case and concluded that the finance system continues to be unconstitutional, but gave the legislature and the governor very specific directions on how to bring the system into compliance with the constitutional mandate of a "thorough and efficient system of commons schools." The court declared that the per-pupil foundation amount must be increased and that "parity aid" must be phased in more quickly than previously planned. Estimates of the cost of the court-ordered changes ranged from $300 million annually to as much as $1.2 billion annually.

On September 17, the State filed a motion for reconsideration, and on November 2, the court granted that motion, with a written decision to follow. Instead of a decision on the motion, however, the court ordered the parties to try to resolve their dispute through mediation in its fourth DeRolph ruling, issued November 16, 2001.

For links to the four supreme court opinions and a brief summary of the history of the case and costing-out studies performed in Ohio, see the ACCESS Ohio litigation page.

Prepared March 21, 2002