COLUMBUS, Ohio — While the future of the Ohio Department of Education and the State Board of Education sit in limbo in court, Gov. Mike DeWine says the everyday work of a brand new department will go forward.
DeWine says he is following a court order not to be involved in the creation of the new Department of Education and Workforce, but he won't let a vacuum exist for Ohio's kids and schools while the case plays out in court.
“We can't be in a situation where there's no department," DeWine said. "That makes no absolute sense. So, we're going to follow the court order, but we also can't do things that are just crazy, and it would be crazy to think that there's today no new department."
A temporary restraining order halted the transition from the Ohio Department of Education to the new Department of Education and Workforce, and the transfer of much of the Board of Education's power to the governor's office.
However, DeWine says the new department now exists because of the law the legislature passed creating it.
"So, while I was prohibited from appointing the head or really taking any affirmative action in regard to the new department, it still came into existence at midnight, and they have work to do," DeWine said.
Those suing the state and the governor filed a motion Monday night arguing the governor's actions are in direct violation of the restraining order.
"That temporary restraining order meant that there was to be no changes to the state of public education in Ohio until further notice," said Skye Perryman, an attorney for the plaintiffs.
In a lawsuit, State Board of Education members and other plaintiffs allege a Republican-backed overhaul of how the state oversees K-12 education, including decisions on academic standards and school curricula, violates the state's constitution.
At a hearing Monday a judge extended the temporary restraining order blocking the transition while she considers whether to issue a preliminary injunction to stop it.
Plaintiff Michelle Newman is a State Board of Education member who is suing as a parent.
"The changes that have moved forward, which I believe are unconstitutional and illegal, remove the voice of parents when it comes to public education," Newman said.
The governor says he is following that restraining order, but won't leave superintendents, teachers and students hanging with no money coming into the schools.
"This is just absolute nuts. It's crazy," DeWine said. "We're not going to do this. I intend to fill this vacuum. I intend to lead while following what the court tells us what to do."
"As we made clear in our motion for clarification last night, we do not believe that the way the governor has implied that he is reading the court order is a good faith reading of the order," Perryman said.
Ultimately, it will all be decided in court. Regarding the preliminary injunction, lawyers for both sides have to submit briefs to the judge by Wednesday at noon. A decision will come sometime after that.