(WHBC) – The Canton City School District says the Ohio law allowing for the state takeover of under-performing schools needs to be repealed.

“House Bill 70 we believe is unconstitutional,” said acting Superintendent Dan Nero.

He says the school district has filed an amicus brief with the Supreme Court of Ohio to show support of Youngstown City Schools in its lawsuit against the state in regard to the law.

Nero says since Canton City Schools isn’t officially in academic distress yet, they can’t join the lawsuit.

“But we can file an amicus brief, which allows us to lend support and give our opinion, and we’re saying we agree with Youngstown in that lawsuit that House Bill 70 is unconstitutional.”

The law allows the state to take over districts after three consecutive years of an overall F grade.

Canton City Schools received an F for this school year, so they are in year one of three.

Nero says taking over school districts based on state test scores is not the right way to increase student achievement.

“We have the professionals in place and the right initiatives to address our issues. It is imperative that we let these initiatives grow and not put our schools into the hands of people who don’t understand our students and families.”