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Morgan wins speedy action on school records request
The Ohio Supreme Court today, April 8, granted State Rep. Seth Morgan the speedy action he sought in his request for the public records behind Gov. Ted Strickland’s “evidence-based” model for schools and school funding.
“I’m very pleased,” Morgan said in a phone interview.
He said the court seemed to understand the importance of the legislature having the information before the House votes later this month on the proposed two-year state budget, including plans for schools and school funding.
On Tuesday before today’s Supreme Court ruling, Strickland had harsh words for Morgan.
“I think he is acting, quite frankly, in an immature, politically motivated-manner - and that’s unfortunate,” the Democratic governor told reporters at a Columbus area event. “I will try to be adult in this debate and carry out my responsibilities in an appropriate manner as I do the best I can to serve the people of our state.”
Today, Amanda Wurst, Strickland’s spokeswoman, said the governor and attorney general’s office would work to comply with the court’s ruling but added:
“The governor continues to believe this lawsuit unnecessarily detracts from the important work of transforming Ohio’s system of primary and secondary education.”
The court ordered Strickland to file a response to Morgan’s request by Friday, April 10. Morgan then will have until Monday, April 13, to present evidence and a brief, followed by a Wednesday, April 15 deadline for Strickland’s evidence and brief. The final date on the Supreme Court schedule is Thursday, April 16 for a reply brief from Morgan.
“The clerk shall refuse to file any requests for extension of time in this case,” the Supreme Court ruling said.
Without today’s ruling, Strickland would have had 21 days to respond to the lawsuit Morgan filed on Monday, April 6.
A day after Morgan filed the lawsuit, Strickland’s office on Tuesday, turned some documents over to Morgan but Morgan said he had not fully reviewed them.
The lawsuit asked the court to require the governor to comply with Ohio’s public records laws by turning over the documents that are the basis of the school plan.
The lawsuit followed two public records request that Morgan made to Strickland’s office. Morgan said he never received a reply to either request.
In Tuesday’s response to Morgan, Jeffrey A. Ruppert, Strickland’s deputy legal counsel, said that “such a broad, vague and ambiguous request is inappropriate under Ohio’s public records law because it seeks what approximates a ‘complete duplication of a public office’s files.’”
Nevertheless, Strickland will try to respond although it is not possible to say how long it will take to complete the response, Ruppert’s letter said.
Included with Ruppert’s letter was a CD-ROM with comments from public forums on the education plan, 162 pages of copies of records related to the plan and 320 pages of meeting notes, agendas and reports prepared by Strickland’s office.
Strickland’s plan includes requirements such as all-day kindergarten, a longer school year and a longer school day. Critics have said it shortchanges some low-wealth school districts and provides reduced funding for charter schools.
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By School Supporter
April 9, 2009 1:21 PM | Link to this
“this lawsuit unnecessarily detracts from the important work of transforming Ohio’s system of primary and secondary education.” Apparently, the Governor feels that his “important work” ought be carried out in secret without the informed participation of parents and taxpayers.