How Bishop Sycamore scandal led governor to veto part of Ohio's budget

COLUMBUS, Ohio (WCMH) -- Gov. Mike DeWine was quick to remind legislators of the fraudulent Bishop Sycamore High School after vetoing an attempt to give tax dollars to families attending schools that have declined state support in exchange for fewer regulations.

The state budget, signed into effect Monday by DeWine, had hoped to establish the Nonchartered Educational Savings Program before DeWine issued his line item vetoes. DeWine said the savings program, which would have created bank accounts for families attending nonpublic, noncharter (NCNP) schools, lacked necessary accountability.

"Under Ohio law, NCNP schools choose to not be chartered by the state of Ohio due to truly held religious beliefs and are subject to far fewer statutory and regulatory requirements than chartered nonpublic schools," DeWine said.

To be chartered, schools must prove they operate in alignment with Ohio's school operating standards. According to the state, NCNP schools just have to submit a report that includes attendance, whether students moved to the next grade, and certifies compliance with local safety laws.

"As was made widely known in 2021 with the significant media attention on Bishop Sycamore (a former NCNP school in Ohio), there is a lack of oversight and compliance mechanisms for NCNP schools in Ohio law and rule," DeWine wrote.

Bishop Sycamore was a fake high school based that recruited students for its supposedly-superior football team, launched into the national spotlight when a blowout loss televised on ESPN called the team's health and standards into question. See previous coverage of Bishop Sycamore in the video player above.

The "school" had been registered as a NCNP school with the state, but lacked curriculum, teachers or classrooms. After an investigation into Bishop Sycamore, DeWine said the state found "numerous disturbing allegations."

NBC4 Investigates looked into Bishop Sycamore extensively at the time and found numerous errors with the state filing. The NCNP school reported an enrollment of just three students in the 2020-2021 school year and registered it's operating address as Franklin University's library. One parent who spoke with NBC4 Investigates said he pulled his student from the school after his personal credit card had been charged to cover hotel room costs for the entire team.

Bishop Sycamore was the subject of an HBO MAX documentary, "BS High," drawing international attention to the NCNP establishment. DeWine said schools like Bishop Sycamore prove his veto of the Nonchartered Educational Savings Program acted in public interest.

"Without proper accountability, this item would risk taxpayer dollars on programs that may have compromised educational quality or that could risk student safety," DeWine said.

DeWine also said he felt the savings program proposal had logistical concerns, such as requiring the state to collect and compare NCNP student test data despite an absence of standardized testing for these students. He also said he wanted to preserve a tax credit that already exists for NCNP families, which would have been repealed.

The savings account program was included in the House's draft of the budget bill, but not Senate's or the one proposed by DeWine. It was reintroduced by the Conference Committee on the budget, which included three Representatives who finished the bill. NBC4 contacted all three committee members, but only Rep. Bride Rose Sweeney (D-Westlake) responded. She was the sole Democrat on the committee and strongly disagreed with the inclusion.

The idea was first introduced in Senate Bill 68, which has not seen committee action since February. The bill could still progress through the legislative system, but it does not have any future hearings scheduled as of publication.

The program would have expanded Ohio's nonpublic school scholarships less than a week after a Franklin County judge found the EdChoice program, which provides scholarships for students to attend charter schools, to be unconstitutional. The state is appealing that decision, but it raises questions about whether a Nonchartered savings account program could be subject to the same ruling.

William Phillis, executive director for the Ohio Coalition for Equity and Adequacy of School Funding, was behind the EdChoice lawsuit against the state. Phillis, who told NBC4 he did not expect DeWine would veto the provision, agreed with DeWine's concerns about accountability. Phillis said charter schools lack oversight, but NCNP schools have "no transparency whatsoever."

“That would be like having a voucher roadway system where you're giving money to private individuals to establish roads on their property at taxpayers’ expense,” Phillis said.

School choice advocates disagree, saying the program would have eliminated the final barriers to educational freedom for families.  Donovan O'Neil, director of Americans for Prosperity in Ohio, said the savings accounts would have provided "real support" to Ohio families.

"Every parent deserves the freedom to choose the learning environment that best fits their child’s needs — regardless of their ZIP code, income or school type," O'Neil said. "This is a commonsense step toward educational freedom for all."

In all, DeWine vetoed 67 items, including the savings account program.