Summary
In State ex rel. Bell v. Cambridge Bd. of Edn. (1976), 45 Ohio St.2d 316, 317, 74 O.O.2d 475, 475-476, 345 N.E.2d 57, 57-58, we held that "[i]t is clear that R.C. 3311.24 requires the board of education in which the territory is located to transfer the territory upon approval by the State Board of Education."
Summary of this case from Garfield Heights City School District v. State Board of EducationOpinion
No. 75-766
Decided March 24, 1976.
Schools — Transfer of territory to adjoining district — R.C. 3311.24 — Mandatory duty to transfer, when.
APPEAL from the Court of Appeals for Guernsey County.
A petition, dated February 15, 1974, for the transfer of land, described as the "north half of Section 5 of Monroe Township, Guernsey County, Ohio," from the Cambridge City School District to the Newcomerstown Exempted Village School District was submitted to the Cambridge board of education under the provisions of R.C. 3311.24.
The petition and a map of the area proposed to be transferred were submitted by the Superintendent of the Cambridge City Schools to the State Board of Education on March 21, 1974. A public hearing was held by the state board on the proposed transfer, on May 24th, and, on July 8, 1974, the board approved the transfer. On the following day, the Department of Education notified the Superintendent of the Cambridge City Schools of the state board's action. On August 6, 1974, the Cambridge board of education passed a resolution opposing that action. No appeal was taken to any court.
Relators then brought an action in mandamus in the Court of Appeals to compel the transfer of the land to the Newcomerstown Exempted Village School District by requiring compliance with the "order of the Ohio State Board of Education."
The Court of Appeals allowed the writ, and an appeal as of right was taken to this court.
Mr. John M. Smith and Mr. David J. Rohrer, for appellees.
Messrs. DeSelm Moore and Mr. Richard A. Baker, for appellants Kristine Heston et al.
Mr. Frank K. Leyshon, city solicitor, for appellants Cambridge Board of Education et al.
Appellants' basic contention is that R.C. 3311.24, the controlling statute herein, vests discretionary authority in the Cambridge board of education, rather than a mandatory duty, to adopt a resolution transferring the territory in question.
It is clear that R.C. 3311.24 requires the board of education in which the territory is located to transfer the territory upon approval by the State Board of Education. The statute mandates that the "* * * State Board of Education shall either approve or disapprove a proposed transfer of territory filed with it * * * and shall notify, in writing, the boards of education of the districts affected by such proposed transfer of territory of its decision." Further, "[i]f the decision of the State Board of Education is an approval of the proposed transfer of territory then the board of education of the district in which the territory is located shall, within thirty days after receiving the State Board of Education's decision, adopt a resolution transferring the territory * * *." (Emphasis added.)
Appellants argue that the latter portion of the statute which states, "[s]uch transfer shall not be complete, however, until: * * * (B) An equitable division of the funds and indebtedness between the districts involved has been made by the board of education making the transfer * * *," specifically vests another area of discretion in the Cambridge board of education.
However, this latter contention misinterprets the prior language in the statute requiring the local board to "adopt a resolution transferring the territory." The decision of the state board in this case, being to approve the proposed transfer, requires the Cambridge board of education to adopt a resolution transferring the territory.
Appellants argue that "mandamus will not lie to enforce the transfer of land that is inadequately described in the order sought." However, the testimony of the Guernsey County Auditor indicated "that the proper person qualified" could draw a line dividing the school district in question.
Appellants challenge further the validity and sufficiency of the petition for the transfer of the land herein. However, the Cambridge board of education, not having availed itself of its right to appeal the state board's decision, pursuant to R.C. 119.12 (see R.C. 3301.13), cannot now challenge that petition in this action.
Accordingly, the judgment of the Court of Appeals, allowing the writ of mandamus, is affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.