(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.
