House Bill 70 aka The Youngstown Plan R.I.P.: 2015-2021

YOUNGSTOWN — Six years, hundreds of thousands of dollars in legal fees, several losing court battles and multiple legislative pushes after it was originally passed — ding, dong — the Youngstown Plan is dead.

Mostly.

In 2015, HB 70 put failing Ohio school districts under the control of a CEO hired by state-appointed academic distress commissions. Currently, Youngstown, Lorain and East Cleveland city school districts are controlled by state-appointed academic distress commissions.

Ohio's biennial budget provides an "escape hatch" for these districts to regain complete control from Academic Distress Commissions — and relinquishes most "operational and managerial control" back to local school boards.

The provision — which originally did not apply to Youngstown — cleared its final hurdle in the wee hours of Thursday morning when Gov. Mike DeWine left it in the version of the budget he signed.

The life and death of HB 70

Youngstown School Board's loss of control over the city school district didn't start with HB 70.

From 2006 to 2011, the Youngstown City School system was under state-declared fiscal emergency. In 2011, the state stepped in to place Youngstown in academic emergency after failing test scores. That gave rise to the creation of the Youngstown Academic Distress Commission.

HB 70 dissolved this commission, in favor of a new one that would appoint a CEO.

If you ask almost anyone in the Mahoning Valley — except a select group which includes Youngstown State University President Jim Tressel, former Youngstown-Warren Chamber director Tom Humphries, the late Bishop Murray and former state Sen. Sean O'Brien — they'll tell you the Youngstown Plan was conceived under a cloak of secrecy.

In one day, the "Youngstown Plan" went from a 10-page to a 67-page document. The amendment which stripped district boards of power was added the same day the legislation passed.

As soon as the bill was signed into law by Gov. John Kasich — who also played a role in its origins — in July 2015, the Youngstown Board of Education sought to undo it, claiming HB 70 would cause irreparable damage to the failing district. It filed for a permanent injunction in Franklin County Court of Common Pleas to stop HB 70 from taking effect.

When the board's motion was denied, it appealed the decision to the 10th District Court of Appeals, which affirmed the ruling of the Franklin County Court.

In May 2020, Ohio Supreme Court upheld the constitutionality of the legislation.

Meanwhile, a group of local political representatives, led by Rep. Michele Lepore-Hagan of Youngstown, D-58th, spearheaded multiple efforts to undo HB 70 legislatively.

The most recent legislative vehicle for restoring local control, Senate Bill 165, was rolled into the biennial budget.

An "escape hatch"

The bipartisan measure in the state budget establishes a process for returning districts to the control of local school boards.

Per the proscribed process:

• Districts must develop and implement a three-year academic improvement plan and submit annual reports;
• The state superintendent will review the plan and suggest modifications;
• ADCs will continue to exist, with the removal of the CEO. ADCs will provide assistance but will relinquish operational control;
• The auditor of state must complete a performance audit of the district during the implementation of the improvement plan;
• If a district meets the majority of improvement metrics, the ADC is dissolved;
• If a district does not meet the metrics, it becomes subject to an ADC and CEO.

Districts can apply for up to two one-year extensions of the plan. They may also employ current CEOs as superintendents under the new process.

What's next?

After DeWine signed the budget Thursday, Youngstown School Board President Ronald Schadd said wearily, "We are pleased. It's been a long fight."

Lepore-Hagan said she heard from constituents, who were "leery but excited."

"It was the right thing to do," she said. "It just was so frustrating to wait for the rest of the state and the leaders in our state to come to the realization that it was wrong."

Schadd hopes "good things can come from" the process of creating and implementing an improvement plan.

"The most important thing about that it there will be buy-in and support from the state and our local community to help move that plan forward," he said.

Throughout the next year, the school board will work with CEO Justin Jennings to establish an improvement plan.

Schadd said Jennings' priorities for the upcoming year will remain in place.

In terms of next steps, Lepore-Hagan said she plans to convene a meeting with state Sen. Michael Rulli of Salem, R-33rd, to start discussing what the changes mean for the district.

But, "we have to let the professionals — the educational professionals and the elected officials, the school board members — do their job without us getting in the way," she said.

Lepore-Hagan remarked she watched "Youngstown City School Board members work feverishly ... drive to Columbus to testify, follow everything constantly and just be completely 120 percent involved in the whole process. I believe the school board is competent and capable and serious.

"I will defend this elected school board to the end," said said.

This story was originally published July 2, 2021 at 4:11 AM with the headline "House Bill 70 aka The Youngstown Plan R.I.P.: 2015-2021."