Professional Report

A transfer of territory is subject to the approval of the receiving board(s) of education unless the transfer is made by the ESC governing board. If the receiving board objects, it must appeal to the state board of education which either accepts or rejects the transfer. If an entire school district is proposed to be transferred to two or more districts, the rejection of the transfer by one of the receiving boards of education nullifies the transfer. Any indebtedness and available funds of the district from which territory is transferred is “apportioned” between the remaining district and the receiving district(s). The ratio is based on the assessed valuation of the transferred territory to the assessed valuation of the original school district as of the effective date of the transfer. However, if an entire district is transferred, any indebtedness arising from a loan from the lottery profits education fund (used if more than 10% of the property taxes are charged to bankrupt taxpayers) is forgiven. A board of education must file with the state board of education a proposal to transfer territory to an adjoining city, exempted village, or local district under two different conditions. The transferring board can initiate the action if the territory to be transferred is at least five acres, and if the board has already obtained written consent from 65% of the owners of real property within the affected area. Or, the transfer can be initiated by a petition signed by 75% of the qualified electors residing in the affected area or (if no qualified electors in the affected area) by 75% of the owners of real property in the affected area. The transferring board must file prior to the first day of April in any even- number year. The state board must then either approve or disapprove the proposed transfer not later than September 1. If the state board approves the transfer, three tasks remain. First, the receiving board must adopt a resolution accepting the transfer. Second, the transferring district must make an equitable division of funds and indebtedness. Third, the receiving board of education must submit to the county auditor of each county affected by the transfer a map showing the boundaries of the transferred authority. In addition, if the transfer is initiated by a board of education, the board is required to “make a good faith effort to negotiate the terms of the transfer” with districts affected by the transfer before filing the proposal for transfer with the state board of education. Following a study, the state board of education may propose by resolution the transfer of local, exempted village, or city school districts (or parts of such districts) to contiguous or non-contiguous school districts. The study which also may be done by the state superintendent of public instruction at the direction of the state board, must also include a study of the effect of such a transfer on any portion of a school district remaining after the proposed transfer. The state board must then file a copy of the proposal with the board of education of each district whose boundaries would be altered and with the governing board of any ESC in which the “new” district would be A similar procedure for transferring territory from one educational service center to an adjoining ESC is outlined in ORC 3311.321.

TRANSFER OF DISTRICT TERRITORY TO ADJOINING DISTRICT

3311.24

TRANSFER OF DISTRICTS OR DISTRICT TERRITORY BY STATE BOARD OF EDUCATION

3311.37 3311.38