Thursday, February 25, 2010

Ohio Residence Required To Break The Law

The Ohio Supreme Court has said that it is unconstitutional to solely rely on property taxes to fund Ohio schools, yet the state of Ohio continues to ignore the Supreme Courts ruling since 1997. It is the Ohio tax payer who suffers and has to deal with the tax burden that the state has forced upon each and everyone property owner. Multiple property owners are in a deeper hole with more taxes to pay.

Below is a court finding  for DeRolph vs. State; in a nut shell it says that the state of Ohio needs to come up with a plan to fund the schools operation and do not rely so heavily upon the property owners of Ohio.

Below the case finding you will see a copy of the REAL ESTATE TAX BILL for 2009 for Muskingum County. Notice the area for schools at $204.42 and the JVC (joint vocational school) $15.85 for a total of $220.27 (first half) $440.54 for the entire year. This is for 13.36 acres of land and no buildings.

Total tax for the year is $722.19 of that which goes to fund the school system in the area is $440.54. WOW! That is over 60% of the tax money paying for the school system because the state of Ohio does not have any idea of what it cost to send one student to school for one year.
These are the very people who are running the schools without a plan or an idea of the cost. Tell me this; how do you submit a budget to the state if you do not know the cost? You can't, my point exactly.

So when the schools are short on money because they failed to plan out a proper budget for the upcomming school year what do they do, they add a 5 million dollar tax levy on the ballot. With the scare tactics and all the letters the schools send home to the parents portraying short of a nuclear holocaust that if this tax levy does not pass the schools will be shut down immediately. So what you have is people voting for the newly proposed tax levy out of duress.

So am I breaking the law everytime I pay my prpoerty taxes? Maybe. The Ohio Supreme Court states the it is unconstitutional.
Is the state of Ohio breaking the law by continuing to ignoring the Supreme Courts ruling? Maybe. The Ohio Supreme Court has ruled but still Ohio ignores the decision.

Sounds like to me that the state of Ohio has been commiting acrime against all property owners in Ohio.
YOU DECIDE
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DeROLPH, et al.

v.
STATE, et al.
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DeRolph et al., Appellees, v. The State of Ohio et al., Appellants.

[Cite as DeRolph v. State (2001), 91 Ohio St.3d 1225.]

Schools — Funding — Motion for order to pay costs of unfunded mandates, to file master plan, and to file subsequent progress reports — Evidence ordered to be filed.

(No. 99-570 — Submitted January 9, 2001 — Decided January 25, 2001.)

Appeal from Perry County Court of Common Pleas, No. 22043.
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This cause is pending before the court as an appeal of right from the Court of Common Pleas of Perry County. On December 8, 2000, appellees filed a motion for an order requiring appellants to pay the costs of the unfunded mandates, to file a master plan, and to file subsequent progress reports.

On May 11, 2000, this court ordered that this matter be continued to June 15, 2001, at which time the court would establish a briefing schedule. To facilitate the court’s consideration of this matter prior to July 1, 2001, which begins the fiscal years 2002-2003 biennial budget period,

IT IS ORDERED by the court, sua sponte, that the parties file any evidence they intend to present as early as practicable but no later than June 15, 2001.

IT IS FURTHER ORDERED that the parties and amicus curiae file their merit briefs no later than June 18, 2001. Responsive briefs and stipulated extensions of time pursuant to S.Ct.Prac.R. XIV(3)(B)(2)(a) will not be permitted.

IT IS FURTHER ORDERED that oral argument is set for June 20, 2001, with time and length of oral argument to be set by further order of the court.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.

Douglas, Resnick and F.E. Sweeney, JJ., concur separately.

Cook, J., dissents to the entry and to the separate concurring opinion.

Alice Robie Resnick, J., concurring. I write separately to underscore the fact that DeRolph v. State (2000), 89 Ohio St.3d 1, 728 N.E.2d 993 ("DeRolph II"), set June 15, 2001, as a deadline for the state to comply with the decisions of this court. In its decision of May 11, 2000, in DeRolph II, a majority of this court indicated that a briefing schedule would be set. Id. at 38, 728 N.E.2d at 1022. However, this detail in no way diminishes the fact that the date of June 15 was set as a deadline for the state to provide each child in Ohio with a thorough and efficient system of common schools as mandated by the Constitution. The state, on that date, should be prepared to file with this court a complete account of its enactments that will reflect compliance with the decisions of this court in both DeRolph I and DeRolph II. See DeRolph v. State (1997), 78 Ohio St.3d 193, 677 N.E.2d 733 ("DeRolph I"). These enactments should include, but are not limited to, a complete set of statewide academic standards, requirements that all school buildings be brought up to fire and building codes, elimination of overreliance on local property taxes, funding for all state mandates, and an accurate determination of the per-pupil cost of an adequate education to be funded immediately.

It is of the utmost importance to require the state to address all of the requirements set forth in the DeRolph decisions by the deadline of June 15, 2001. As the entry reads, simply requiring briefing by both sides by June 18, 2001 does not emphasize the finality of the June 15 deadline and may unnecessarily prolong the resolution of the constitutionality of school funding in Ohio to some unknown future date. As the entry is drafted, it implies that this issue may continue after the June 15 deadline as set by this court on May 11, 2000, in DeRolph II.

This issue is of grave importance, and the state will have had ample time by June 15 to arrive at specific enactments of law that will ensure a thorough and efficient system of public schools for every child in Ohio. The burden is upon the state to establish that it has complied with the orders of this court.

Douglas and F.E. Sweeney, JJ., concur in the foregoing opinion.  

There are more court cases on this matter if you email American Blog Dog, I will email you the links.

American Blog Dog believes that the school system in the state of Ohio is out of hand. More and more kids drop out of school and this due to teachers unions and the schools Board of Education. In Ohio you can't fire a a bad teacher, the union will step in and protect the teacher enve if the teacher is abuseing students. The unions will again step in and put the teacher in a different school.
Should the parents have to put up with this? Unfortunately yes they do.


Wake up Ohio! Wake up America!!

1.This is our country and we demand that our children receive a good education!
2.We demand bad teachers to be fired and not protected by the unions!
3.We demand the Board of Education to submit proper budgets so the tax payer is not liable for the Board of Educations incompetence!
4.We demand fair taxes so we can survive!

God Bless America

Semper Fi





1 comment:

  1. Sadly the courts can only interpret but it is the executive arm that must enforce the law. You have to look at the Governor on this and demand the law be enforced. We are all getting fleeced with these property taxes. I wish you luck. Good post.

    ReplyDelete