Current through all regulations passed and filed through September 16, 2024
(A) Initial
requests by school district or a board of
education
(1) A school district may
request a transfer of certain territory for school purposes under section
3311.06 of the Revised Code by
sending an initial letter requesting the land transfer to the state board of
education and including copies of:
(a) The
resolution of the requesting board of education;
(b) Each annexation ordinance identified by
number;
(c) A map showing the area(s) being
considered for transfer;
(d)
Evidence that good faith negotiations occurred or
requesting board of education made good faith efforts to host negotiations;
and
(e)
If negotiations occurred and the parties did not reach
an agreement, a statement signed by all participating boards listing the terms
agreed on and the points on which no agreement could be
reached.
(2) Under
the provisions of section
3311.24 of the Revised Code, if
the board of education of a city or exempted village school district deems it
advisable to transfer territory from such district to an adjoining city,
exempted village, or county school district, then the board of education of the
district in which the proposal originates shall file the request, along with a
map showing the boundaries of the territory proposed to be transferred, with
the state board of education prior to the first day of April in any
even-numbered year.
The board of education must file copies
of the documents set forth in paragraphs (A)(1)(a) to (A)(1)(e) of this rule
when it files the proposal.
(3)
Upon receipt of a
negotiated agreement, the state board of education shall determine whether to
approve the agreement and adopt a resolution. The state board of education may
conduct a hearing before determining whether to approve or disapprove the
negotiated agreement.
(B)
Request by
person(s)
(1)
A person(s) interested in
requesting a transfer of territory from one school district to another, for
school purposes, pursuant to section
3311.24 of the Revised Code, may
petition to do so through the resident board of education.
(2)
The board of education of the district in which such a
proposal originates, regardless of its position on the proposed transfer, shall
file the proposal, together with a map showing the boundaries of the
territories proposed to be transferred, with the state board of education prior
to the first day of April in any even-numbered year. In order to afford the
county board of elections sufficient time to verify signatures on a petition
that proposes a transfer of school district territory, residents that seek the
transfer of school district territory shall file the proposal for transfer with
the board of education of the district in which such proposal originates prior
to the fifteenth day of March in any even-numbered year.
(3)
The board of education of the district in which the
proposal originates by petition of qualified electors residing within the
portion of the school district proposed to be transferred shall cause the board
of elections to check the sufficiency of signatures on the petition and shall
notify the state board of education of such determination.
(C) A school district or a party initiating a request
for transfer of territory shall serve a copy of the request on the school
district(s) affected by the proposed transfer and shall indicate such service
on the request which is filed with the state board of education.
(D) Upon receipt of
the initial request for a transfer of territory under section
3311.06 or division (A) of
section 3311.24 of the Revised Code, or
upon determination by the state board of education that negotiations pursuant
to rule
3301-89-04
of the Administrative Code have failed to produce an agreement, the department
of education shall send to each of the school districts involved in the
proposed land transfer a request for information. This request includes
twenty-five questions. The answers to these questions, along with
any other relevant
information provided ,
will be considered by the state board of education and
the hearing officer, if one is appointed. The twenty-five questions are:
(1) Why is the request being made?
(2) Are there racial isolation implications?
(a) What is the percentage of minority
students in the relinquishing district?
(b) What is the percentage of minority
students in the acquiring district?
(c) If approved, would the transfer result in
an increase in the percentage of minority pupils in the relinquishing
district?
(3) What
long-range educational planning for the students in the districts affected has
taken place?
(4) Will the acquiring
district have the fiscal and human resources to efficiently operate an expanded
educational program?
(5) Will the
acquiring district have adequate facilities to accommodate the additional
enrollment?
(6) Will both the
districts involved have pupil population and property valuation sufficient to
maintain high school centers?
(7)
Will the proposed transfer of territory contribute to good district
organization for the acquiring district?
(8) Does the acquiring district have the
capacity to assume any financial obligation that might accompany the
relinquished territory?
(9) Will
the loss of either pupils or valuation be detrimental to the fiscal or
educational operation of the relinquishing school district?
(10) Have previous transfers caused
substantive harm to the relinquishing district?
(11) Is the property wealth in the affected
area such that the motivation for the request could be considered a
mechanism for the receiving school district to receive
additional real estate tax revenue?
(12) Are there any
school buildings in the area proposed for transfer? If
so, was the school building constructed within the last five
years?
(13) What are the
distances between the school buildings within:
(a) The present school district?
(b) The proposed school district?
(14) What are the distances
between:
(a) The area proposed for transfer
and each building in the present school district?
(b) The area proposed for transfer and each
building in the proposed school district?
(15) If approved, will the requested transfer
create a school district with noncontiguous territory?
(16) Is the area being requested an isolated
segment of the district of which it is a part?
(17) Will the municipal and school district
boundary lines become coterminous?
(18) For each district affected:
(a) What is the inside millage?
(b) What is the outside operating
millage?
(c) What is the bonded
indebtedness millage?
(19) What is the levy history in each of the
affected districts?
(20) Will the
transfer of school district territory cause a negative impact on the state of
Ohio?
(21) How will the projected
revenues and expenditures as set forth in the most recent five-year forecasts
be impacted by the transfer, if implemented? Each district shall provide the
department of education with copies of their most recent five-year
forecasts.
(22) What designation
did each of the affected districts and building receive on their state report
cards for the last five years?
(23)
How will the proposed transfer affect the educational offerings/programs of the
affected districts?
(24) What
course offerings will be available through the acquiring district, as compared
to the relinquishing district?
(25)
How will the proposed transfer affect the athletic programs and extracurricular
activities of the affected districts? Will similar programs and activities be
available to students of the affected districts?
(E)
When a school district completes the information requests and forwards the same
to the department of education, the school district shall serve copies on the
other school district(s) affected by the proposed transfer and shall indicate
such service on the responses that are filed with the department of education.
If within thirty days after the department of education
sends to each district the foregoing requests for information, a district has
not submitted the required responses, the department of education shall present
to the state board of education the information it possesses for
consideration.
(F) If a request for a hearing is
subsequently received by the department of education, a hearing officer shall
be appointed and a hearing date shall be established by the hearing officer
and the parties interested in participating in the
hearing.
(G) The data and
documents received by the department of education under this chapter shall
become part of the record of the hearing for consideration by the hearing
officer.
(H) In making a report and
recommendation to the state board of education, the hearing officer shall be
governed by the provisions of Chapter 3301-89 of the Administrative Code.
Within thirty days after the conclusion of the hearing on the proposed
transfer, the hearing officer should submit to the department of education
a
report and recommendation.
(1)
Upon receipt of the hearing officer's report and
recommendation, the department of education shall mail
it
to the school districts and any other affected parties.
(2) Upon receipt of the hearing officer's report
and recommendation, the affected parties will
have ten days to submit written
objections to the report to the department.
Any party that files objections shall
serve a copy of the objections on all affected parties.
(3) Any affected party
may file a response to the objections. Such response must be filed with the
department of education within ten days after the objections are mailed to the
department of education, and a copy must be served on
all other affected parties.
(I) After the time for filing objections and
responses has ended, the state board education will then consider the hearing
officer's report and recommendation, objections, and responses, and adopt a
resolution which approves, disapproves, or modifies the recommendation of the
hearing officer. The decision of the state board of education will be made
solely on the record of the hearing, the report of the hearing officer and any
objections or responses filed by the parties.
(J) When a determination concerning a
transfer of territory will be made by the state board of education, the
department of education shall notify the school districts and other affected
parties of the time and place the matter will be considered by the state board
of education.
