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School Boards Must Pass on Transfer Petition to Local County Boards of Elections

In the case State ex rel. Dunn v. Plain Local School Dist. Bd. of Edn., 2020-Ohio-40, the Ohio Supreme Court held that a school board must pass on transfer petitions to the county board of elections sent to the school board under R.C. 3311.242.

In this case, a village sent a transfer petition to a school board under R.C. 3311.242 so the village could transfer to another school district. The school board did not take action on the transfer petition because the school board had a pending case challenging the legality of R.C. 3311.242. The village then filed a petition for a writ of mandamus.

The Ohio Supreme Court held that the school board lacked discretion to hold onto transfer petitions because R.C. 3311.242 imposed a mandatory ministerial task on school boards to pass on transfer petitions. The Ohio Supreme Court reasoned that the school board had no authority to determine whether a transfer petition was satisfactory and, thus, could not hold onto them.

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 like the 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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