In the case of Izzo v. Dept. of Edn., 2019-Ohio-1008, an Ohio appellate court upheld the decision of the Ohio Department of Education (“ODE”) to deny a petition to transfer a single residence from one school district territory to another when the reason is merely family convenience and benefit.
In this case, the ODE denied the territorial transfer of a family’s residence as the transfer was not beneficial to either school district and the family’s residence “was not contiguous with the” transferee district. Izzo at ¶ 20.
The parents appealed the ODE’s decision arguing that “the transfer takes an educational and social toll on the students.” Izzo at ¶ 23. However, the appellate court found that the parents were essentially arguing that the transfer would be “‘convenient’ and ‘beneficial’” and that the ODE “is assigned the task of weighing the factors and determining how much weight should have been given to [the parents’] preference.” Izzo at ¶ 23. The appellate court elected not to overturn the ODE’s decision as “it did not make any practical sense” to take the family’s residence out of an entire subdivision and place it in a different subdivision. Izzo at ¶ 22.
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.