Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-89 - Transfers of Territory › Section 3301-89-01 - General policies of the state board of education in a request for transfer of territory under section 3311.06 or 3311.24 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) The rules under
			 Chapter 3301-89 of the Administrative Code apply to the request for a transfer
			 of territory following municipal annexation under section
			 3311.06 of the Revised Code or a
			 petition for transfer of territory under section
			 3311.24 of the Revised
			 Code.
(B) The rules under Chapter
			 3301-89 of the Administrative Code do not apply to the transfer of territory
			 following municipal annexation when the district in which the territory is
			 located is a party to an annexation agreement with a city school district under
			 section 3311.06 of the Revised Code.
			 Further, the use of the term "agreement" in Chapter 3301-89 of the
			 Administrative Code does not mean "annexation agreement" as defined in division
			 (A)(4) of section 3311.06 of the Revised
			 Code.
(C) The department of
			 education shall require the boards of education affected by a request for
			 transfer of territory to enter into good faith negotiations
			 when it is required by sections
			 3311.06 and
			 3311.24 of the Revised
			 Code.
(D) In situations where
			 agreement has been reached between respective boards of education, the terms of
			 agreement should be sent to the state board of education with reasonable
			 dispatch. In those situations where agreement does not exist, the state board
			 of education shall thoroughly examine the facilitator's report, pursuant to
			 paragraph (A)(8) of rule
			 3301-89-04
			 of the Administrative Code. If the state board of education determines that the
			 negotiations were not held in good faith, the transfer request shall be
			 remanded back to the districts for further negotiations for a period not to
			 exceed one year. However, no transfer request shall be remanded more than once
			 to the districts. If the state board determines that negotiations were held in
			 good faith, but no agreement reached; or if negotiations were held the second
			 time on the same transfer request and no agreement reached, then the state
			 board of education shall thoroughly examine the stated reasons for and against
			 the requested transfer and provide due process to all parties involved as set
			 forth in paragraph (E) of rule
			 3301-89-02
			 of the Administrative Code.
(E) A
			 request for the transfer of territory for school purposes which previously has
			 been disapproved by the state board of education shall be reconsidered only if
			 the state board of education determines that significant change has taken place
			 subsequent to the filing of the original request and at least two years have
			 elapsed since the state board of education disapproved the request.
(F) A request for transfer of territory shall
			 be considered upon its merit with primary consideration given to the present
			 and ultimate good of the pupils in the affected districts.