Ohio Administrative Code
Title 3302 - State Board of Education
Chapter 3302-89
Section 3302-89-03 - Factors to be considered by a hearing officer appointed to hear a request for transfer of territory under section 3311.06 or 3311.24 of the Revised Code
Universal Citation: OH Admin Code 3302-89-03
Current through all regulations passed and filed through September 16, 2024
(A) A hearing officer appointed to hear a transfer request under section 3311.06 or 3311.24 of the Revised Code shall consider the information provided by the school districts under paragraph (B) of rule 3301-89-02 of the Administrative Code and shall be governed by the provisions of Chapter 3301-89 of the Administrative Code.
(B) Other factors that a hearing officer shall consider in hearing any request for a transfer of territory for school purposes include, but are not necessarily limited to:
(1) Documented agreements made by
public agencies involved in municipal annexation proceedings should be
honored;
(2) A previous agreement
entered into by the school districts concerned should be honored unless all
concerned districts agree to amend it;
(3) The statement signed by the school
district boards of education after negotiations as required by paragraph (D)(4)
of Rule 3301-89-04 of the Administrative
Code;
(4) There should not be undue
delay in requesting a transfer for school purposes after a territory has been
annexed for municipal purposes;
(5)
The transfer shall not cause, preserve, or increase racial isolation;
(6) All school district territories should be
contiguous unless otherwise authorized by law;
(7) School district boundary lines that have
existed for a long period of time should not be changed if substantial upheaval
results because of long-held loyalties by the parties involved;
(8) The pupil loss of the relinquishing
district should not be such that the educational program of that district is
severely impaired;
(9) The fiscal
resources acquired should be commensurate with the educational responsibilities
assumed;
(10) The educational
facilities of districts should be effectively utilized; and
(11) The preference of the residents with
school-age children who live in the territory sought to be transferred to
another school district shall be considered if evidence establishing that
preference is admitted, provided the articulated reasons are not contrary to
existing statutes or rules.
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