YOUNGSTOWN, Ohio (WKBN) — The Youngstown City School District this week is asking a judge in Mahoning County Common Pleas Court to bar Mayor Jamael Tito Brown from appointing a new Board of Education.
The district Monday filed a request for a temporary restraining order, asking that Brown be barred from picking new board members, which he has the authority to do under a state law, House Bill 70.
The case has been assigned to the courtroom of Judge R. Scott Krichbaum. A hearing date had not been set as of late Tuesday afternoon.
The request filed by the board states that Brown has the authority to appoint an entirely new board if the district has been in academic emergency for four years. Under the law, Brown has 30 days beginning Friday to select a new board.
Attorneys for the board said in their request that the district has been under HB 70 since Oct. 15, 2015, which was in the middle of the 2015-16 school year. They say that school year began on July 1, 2015.
According to the board, that means the district has been under HB 70 for only three and a half years, not four, and the report card for the district that was issued in September was for the third school year that the district has been governed by HB 70.
The request states that the mayor’s authority to appoint a new board does not take effect until after Jan. 1, 2021.
If the request is not granted, the district will suffer irreparable harm because the will of the voters will be overturned by having the mayor appoint a new board before he is supposed to, according to the request.