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Reviews and Decisions by the Ohio State Board Of Education Regarding Overpayment of Public Funds Cannot Be Appealed

In the case of Electronic Classroom of Tomorrow v. Bd. of Edn., 2019-Ohio-1540, an Ohio appellate court reversed its earlier holding and now holds that a review and decision by the Ohio State Board of Education (“State BOE”) as to monies owed for overpayment of public funds by a community school was not be appealed.

As we blogged about here, here, and here; this case has a long and turbulent history. After the Ohio Supreme Court’s decision holding that the Ohio Department of Education (“ODE”) may require evidence of durational data regarding students in order for online-based or electronic learning schools to qualify for state funding, the Electronic Classroom of Tomorrow (“ECOT”) was directed by the State BOE to repay over $60 million of overpaid public funds due to poor durational data.

ECOT appealed this decision to an Ohio court of common pleas, which then dismissed the appeal as the “use of the word ‘final’ in the context of decisions of administrative bodies [means] the decision is not subject to an appeal.” ECOT at ¶ 6.

While an Ohio appellate court initially overruled the court of common pleas decision and allowed ECOT to appeal the State BOE’s direction, upon reconsideration, the Ohio appellate court reversed its original holding and held that a “statute that provides a decision of an administrative body is ‘final’ and that does not include a separate specific, statutory grant of jurisdiction to the trial court precludes an appeal.” ECOT at ¶ 8. As a result, the Ohio appellate court concluded that ECOT may no longer appeal the State BOE’s review and decision and must repay the $60 million back to the ODE.

To read this case, click here.

 

Authors: Matthew John Markling and the McGown & Markling Team.

 

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney

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