In the case State ex rel. Cook v. Bowling Green City Sch. Dist. Bd. of Educ., 2020-Ohio-3252, 2020 Ohio LEXIS 1326, the Ohio Supreme Court found that an elector was entitled to a writ of mandamus ordering a transferring board of education to certify the transfer proposal to the State Board of Education, but not the elections board because, while R.C. 3311.242 imposed mandatory, ministerial duties on the school board to certify transfer petitions, it did not empower a school board to determine the validity of a petition unless it would violate R.C. 3311.06(B) by creating a non-contiguous school district. The school board had the opportunity to certify the proposal for placement on a special-election ballot, but declined to do so for reasons outside its authority. The writ was denied as to the board of elections because it was not ripe where the school board did not fail to take action on a resolution certifying the proposal for placement on the special ballot and had not clearly disregarded applicable law.
This case involves a petition proposing the transfer of territory from one school district to another under R.C. 3311.242. An elector in the territory proposed to be transferred, sought a writ of mandamus ordering respondent Board of Education to (1) certify the school-district-transfer proposal to the State Board of Education, together with a map showing the territory proposed to be transferred and (2) certify the transfer proposal to respondent Wood County Board of Elections for placement on the ballot at the August 4 special election. Elector also sought a writ ordering the board of elections to place the proposal on the August 4 ballot.
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Authors: Matthew John Markling and the McGown & Markling Team.
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