Chapter 3302-89 | Transfers of Territory

Rule 3302-89-01 | 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.

• Effective: February 10, 2025
• Promulgated Under: 119.03

(A) The rules under Chapter 3302-89 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 3302-89 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 3302-89 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 state board 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 3302-89-04 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 3302-89-02 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.

Last updated February 10, 2025 at 11:00 AM

Supplemental Information

Authorized By: 3311.24, 3311.06
Amplifies: 3311.24, 3311.06
Five Year Review Date: 2/10/2030
Prior Effective Dates: 5/1/1988, 4/27/1990

Rule 3302-89-02 | Procedures of the state board of education in a request for transfer of territory under section 3311.06 or 3311.24 of the Revised Code.

• Effective: April 20, 2026
• Promulgated Under: 119.03

(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.

(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 state board of education shall send to each of the school districts involved in the proposed land transfer a notice of the opportunity to submit a position statement within thirty days of the parties receiving the notice . Additionally, the state board of education will obtain the most recent district-level report cards developed pursuant to section 3302.03 of the Revised Code from the department of education and workforce for each of the involved school districts.

(E) After the involved school districts and petitioner(s) complete and send it to the state board of education, the state board of education will serve copies on the other school district(s) and petitioner(s) affected by the proposed transfer . The state board of education will then provide the parties with the opportunity to supplement their position statements within ten days of receiving copies of all the parties' position statements .

(F) The board will notify the parties of the opportunity for hearing. If a request for a hearing is subsequently received by the state board 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..If a hearing is not requested, any position statements received by the state board of education, as well as the report card and five-year forecast obtained in paragraph (D) of this rule, will be presented to the board at its next regularly scheduled meeting, and the board will make a determination whether to approve the proposed transfer based on an evidentiary review.

(G) The data and documents received by the state board 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 state board of education a report and recommendation.

(1) Upon receipt of the hearing officer's report and recommendation, the state board 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 state board of education.

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 state board of education within ten days after the objections are mailed to the state board 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 state board 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.

Last updated April 21, 2026 at 8:09 AM

Supplemental Information

Authorized By: 3311.24, 3311.06
Amplifies: 3311.24, 3311.06
Five Year Review Date: 2/10/2030
Prior Effective Dates: 2/27/2007

Rule 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.

• Effective: April 20, 2026
• Promulgated Under: 119.03

(A) A hearing officer appointed to hear a transfer request under section 3311.06 or 3311.24 of the Revised Code shall be governed by the provisions of Chapter 3301-89 of the Administrative Code.

(B) 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 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.

Last updated April 21, 2026 at 8:09 AM

Supplemental Information

Authorized By: 3311.24, 3311.06
Amplifies: 3311.24, 3311.06
Five Year Review Date: 2/10/2030
Prior Effective Dates: 2/1/1987, 3/24/2012

Rule 3302-89-04 | Procedures governing negotiations of school districts, other than urban school districts as defined in division (A)(3) of section 3311.06 of the Revised Code.

• Effective: February 10, 2025
• Promulgated Under: 119.03

(A) Negotiation process

(1) The first negotiation session shall be set within thirty days of the receipt of the school district's notification of the transfer request.

(2) The date, time, and place of the negotiation sessions shall be mutually agreed upon by the participating districts.

(3) A record of at least the time, place, and date of each session shall be kept by each school district represented.

(4) Any board of education may request assistance from the state board of education. Upon request, the superintendent of public instruction shall designate one or more department employees to provide assistance.

(5) District superintendents and/or their designees shall comprise the negotiating teams. Teams shall be limited to three persons each. By mutual consent, up to three observers for each team may be present.

(6) If agreements are not reached within one hundred twenty days, a mutually agreed upon facilitator with a public education background and/or experience shall be selected within thirty days. The cost of the facilitator shall be shared equally by the parties involved. If the parties fail to agree upon a facilitator, the state board of education shall name one.

(7) Agreements reached shall be adopted by each board of education involved. A copy of the resolution and the negotiated agreement shall be transmitted by each board of education to the state board of education.

(8) In the event agreements are not reached within a year from the initial negotiation session, the facilitator shall issue to the state board of education a record of the good faith efforts of all parties involved in the negotiations.

(B) The negotiations process shall strive for the realization of the following goals:

(1) Written delineation of the present and future educational needs of the pupils in each of the school districts;

(2) A written review of the educational, financial, and territorial stability of each district affected by the transfer; and

(3) A statement of assurance of appropriate educational programs, services, and opportunities for all the pupils in each participating district, and adequate planning for the facilities needed to provide these programs, services, and opportunities.

(C) The following are examples of terms that school districts may agree to:

(1) Share revenues from the property included in the territory to be transferred;

(2) Establish cooperative programs between the participating districts;

(3) Establish mechanisms for the settlement of any future boundary disputes; and

(4) No tax revenue to the receiving district from the territory transferred for a period of time.

(D) Before the state board of education may hold a hearing on a transfer, or approve or disapprove any such transfer, it must receive the following items:

(1) A resolution requesting approval of the transfer, passed by at least one of the school districts whose territory would be affected by the transfer, if the transfer request is pursuant to section 3311.06 of the Revised Code;

(2) A resolution requesting approval of the transfer, passed by the school district submitting the proposal, if the transfer request is initiated by a board of education pursuant to section 3311.24 of the Revised Code;

(3) Evidence determined to be sufficient by the state board of education to show that good faith negotiations have taken place or that the district requesting the transfer has made a good faith effort to hold such negotiations; and

(4) If any negotiations took place, a signed statement is required by every school district board of education that has participated in the negotiations, listing the terms agreed upon and the points on which no agreement could be reached.

Last updated February 10, 2025 at 11:00 AM

Supplemental Information

Authorized By: 3311.24, 3311.06
Amplifies: 3311.24, 3311.06
Five Year Review Date: 2/10/2030
Prior Effective Dates: 4/27/1990