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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 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
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.
3311.24
TRANSFER OF
DISTRICTS OR
DISTRICT
TERRITORY BY
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
3311.37
3311.38