In the case Lucas v. Ohio State Bd. of Educ., 2020-Ohio-2738, 2020 Ohio App. LEXIS 1697, an Ohio appellate court found that because the board did not make its determination in accordance with law, and because the trial court consequently was not in a position to compare the evidentiary record to reasons specified by the board and does not appear to have conducted a full review of the administrative record, the appellate court sustained the school district’s first assignment of error only to that limited extent and remanded the matter to the trial court for remand to the board for appropriate, reviewable consideration of the hearing officer’s report and disposition of the transfer petition. Remanding the matter to the board should enhance accountability, administrative transparency, and focused judicial review by permitting the board to comply, as it must if it decides to reject the hearing officer’s recommendation, with the specification requirements of R.C. 119.09.
In this case, appellee petitioned to transfer a section of land from one district to a preferred district. The case was remanded back to the trial court to be remanded back to the board, since that court was unable to fully review the board’s decision. The board ignored evidence and rejected hearing officer’s recommendation to grant the petition to transfer without providing specific grounds for the rejection, R.C. 119.09.
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.