In the case Lucas v. Ohio State Bd. of Educ., 10th Dist. Franklin No. 19AP-463, 2020-Ohio-2738, an Ohio appellate court held that the Ohio State Board of Education must set forth specific grounds when rejecting a hearing officer’s recommendation.
In this case, a group of residents requested a transfer to the jurisdiction of a new school district. The old school district opposed, but the Ohio State Board of Education hearing officer recommended that the group of residents be allowed to transfer school districts. The old school district appealed to the Ohio State Board of Education who found the old school district’s arguments persuasive and rejected the hearing officer’s recommendation.
The Ohio appellate court held that the Ohio State Board of Education rejection was wrong because the rejection failed to point to specific grounds as to why the Board was rejecting the hearing officer’s recommendation. The Ohio appellate court reasoned that the law placed great discretion in the Board’s decisions, but also that the law required specific grounds for rejecting a hearing officer’s decision so that reviewing courts could analyze whether such a rejection was lawful.
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.