(A) A
referee
hearing
officer appointed to hear a transfer request under section
3311.06 or
3311.24 of the Revised Code
shall consider the information provided by the school districts under paragraph
(B) of rule
3301-89-02
of the Administrative Code and shall be governed by the provisions of Chapter
3301-89 of the Administrative Code.
(B) Other factors that a
referee
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 paragraph (D)(4) of 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;
and
(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.
(C) When a hearing officer has
received and considered the information provided by representatives of the
school districts, petitioners for a transfer of territory, and any other party
at the hearing, particularly information under paragraph (B) of this rule and
paragraph (B) of rule 3301-89-02oftheAdministrativeCode, and the evidence is in
balance, the hearing officer may consider the preference of the residents with
school-age children who live in the territory sought to be transferred to
another school district. The school district preference of such residents with
school-age children in the territory requested for transfer may only be
considered and given weight when all other factors are equal.
Notes
Ohio Admin. Code
3301-89-03
Five Year Review (FYR) Dates:
4/12/2018 and
04/12/2023
Promulgated
Under: 119.03
Statutory
Authority: 3301.07,
3311.06,
3311.24
Rule
Amplifies: 3311.06,
3311.24
Prior
Effective Dates: 02/01/1987, 05/01/1988, 04/27/1990, 01/01/1995,
03/24/2012
Effective:
3/24/2012
R.C. 119.032 review dates:
01/05/2012 and
03/07/2017
Promulgated
Under: 119.03
Statutory Authority: 3301.07, 3311.06,
3311.24
Rule Amplifies: 3311.06, 3311.24
Prior Effective
Dates: 2/1/87, 5/1/88, 4/27/90, 1/1/95
