Even though the students are back to school 5 days a week, the Court Case continues.
Did you know the UA School Board argued that the Ohio Constitution does not create a fundamental right to a basic minimum education?
The Ohio School Board Association, The Buckeye Association of School Administrators, and the Ohio Association of School Business Officials have all filed amicus briefs supporting the UA School Board.
Court Case number 20 CV 5150 is now at the 10th Circuit Court of Appeals.
For all the documents please go to this website and enter the Case number: Case Information Online
Notice of Appeal January 28, 2021
The Judge rules in favor of the UA School Board: Judgment January 6, 2021
History:
In August 2020, an Upper Arlington High School Student, John Doe, sued the District claiming “that the Upper Arlington School Board’s July 31st Resolution violates Plaintiff’s rights under the Ohio Constitution and deprives Plaintiff of the fundamental right to a basic minimum education.”
The lawyers representing the UA School Board argued that “Plaintiff is unlikely to succeed on the merits of his claims because the the Ohio Constitution does not provide for a fundamental right to a basic minimum education or a right to participate in interscholastic athletics.”
Judge McIntosh decided the Ohio Constitution . . .”does not create a fundamental right to a basic minimum education as argued by Plaintiff. In addition, the law is clear that the right to participate in interscholastic athletics is not a constitutionally protected right under the Ohio Constitution.”
The UA families believe that children in Ohio do have a constitutional right to an education.
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