Ohio Revised Code
Chapter 3311 | School Districts; County Planning
Section 3311.231 | Transferring Local School District Territory to Adjoining Service Center or City or Exempted Village School District.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
A governing board of an educational service center may propose, by resolution adopted by majority vote of its full membership, or qualified electors of the area affected equal in number to not less than fifty-five per cent of the qualified electors voting at the last general election residing within that portion of a school district proposed to be transferred may propose, by petition, the transfer of a part or all of one or more local school districts within the territory of the center to an adjoining educational service center or to an adjoining city or exempted village school district.
A governing board of an educational service center adopting a resolution proposing a transfer of school territory under this section shall file a copy of such resolution together with an accurate map of the territory described in the resolution, with the board of education of each school district whose boundaries would be altered by such proposal. Where a transfer of territory is proposed by a governing board of an educational service center under this section, the governing board shall, at its next regular meeting that occurs not earlier than the thirtieth day after the adoption by the governing board of the resolution proposing such transfer, adopt a resolution making the transfer as originally proposed, effective at any time prior to the next succeeding first day of July, unless, prior to the expiration of such thirty-day period, qualified electors residing in the area proposed to be transferred, equal in number to a majority of the qualified electors voting at the last general election, file a petition of referendum against such transfer.
Any petition of transfer or petition of referendum under the provisions of this section shall be filed at the office of the educational service center superintendent. The person presenting the petition shall be given a receipt containing thereon the time of day, the date, and the purpose of the petition.
The educational service center superintendent shall cause the board of elections to check the sufficiency of signatures on any such petition, and, if found to be sufficient, the superintendent shall present the petition to the educational service center governing board at a meeting of said governing board which shall occur not later than thirty days following the filing of said petition.
The educational service center governing board shall promptly certify the proposal to the board of elections of such counties in which school districts whose boundaries would be altered by such proposal are located for the purpose of having the proposal placed on the ballot at the next general or primary election which occurs not less than ninety days after the date of such certification or at a special election, the date of which shall be specified in the certification, which date shall not be less than ninety days after the date of such certification.
Signatures on a petition of transfer or petition of referendum may be withdrawn up to and including the above mentioned meeting of the educational service center governing board only by order of the governing board upon testimony of the petitioner concerned under oath before the board that the petitioner's signature was obtained by fraud, duress, or misrepresentation.
If a petition is filed with the educational service center governing board which proposes the transfer of a part or all of the territory included either in a petition previously filed by electors or in a resolution of transfer previously adopted by the educational service center governing board, no action shall be taken on such new petition as long as the previously initiated proposal is pending before the governing board or is subject to an election.
Upon certification of a proposal to the board or boards of elections pursuant to this section, the board or boards of elections shall make the necessary arrangements for the submission of such question to the electors of the county or counties qualified to vote thereon, and the election shall be conducted and canvassed and the results shall be certified in the same manner as in regular elections for the election of members of a board of education.
The persons qualified to vote upon a proposal are the electors residing in the district or districts containing territory that is proposed to be transferred. If the proposed transfer is approved by at least a majority of the electors voting on the proposal, the educational service center governing board shall make such transfer at any time prior to the next succeeding first day of July, subject to the approval of the receiving board of education in case of a transfer to a city or exempted village school district, and subject to the approval of the educational service center governing board of the receiving center, in case of a transfer to an educational service center. If the proposed transfer is not approved by at least a majority of the electors voting on the proposal, the question of transferring any property included in the territory covered by the proposal shall not be submitted to electors at any election prior to the first general election the date of which is at least two years after the date of the original election, or the first primary election held in an even-numbered year the date of which is at least two years after the date of the original election.
Where a territory is transferred under this section to a city or exempted village school district, the board of education of such district shall, and where territory is transferred to an educational service center the governing board of such educational service center shall, within thirty days following receipt of the proposal, either accept or reject the transfer.
Where a governing board of an educational service center adopts a resolution accepting territory transferred to the educational service center under the provisions of sections 3311.231 and 3311.24 of the Revised Code, the governing board shall, at the time of the adoption of the resolution accepting the territory, designate the school district to which the accepted territory shall be annexed.
When an entire school district is proposed to be transferred to two or more adjoining school districts and the offer is rejected by any one of the receiving boards of education, none of the territory included in the proposal shall be transferred.
Upon the acceptance of territory by the receiving board or boards of education the educational service center governing board offering the territory shall file with the county auditor of each county affected by the transfer and with the state board of education an accurate map showing the boundaries of the territory transferred.
Upon the making of such transfer, the net indebtedness of the former district from which territory was transferred shall be apportioned between the acquiring school district and the portion of the former school district remaining after the transfer in the ratio which the assessed valuation of the territory transferred to the acquiring school district bears to the assessed valuation of the original school district as of the effective date of the transfer. As used in this section "net indebtedness" means the difference between the par value of the outstanding and unpaid bonds and notes of the school district and the amount held in the sinking fund and other indebtedness retirement funds for their redemption.
Upon the making of any transfer under this section, the funds of the district from which territory was transferred shall be divided equitably by the educational service center governing board, between the acquiring district and any part of the original district remaining after the transfer.
If an entire district is transferred the board of education of such district is thereby abolished or if a member of the board of education lives in that part of a school district transferred the member becomes a nonresident of the school district from which the territory was transferred and such member ceases to be a member of the board of education of such district.
The legal title of all property of the board of education in the territory transferred shall become vested in the board of education of the school district to which such territory is transferred.
If an entire district is transferred, foundation program moneys accruing to a district receiving school territory under the provisions of this section shall not be less, in any year during the next succeeding three years following the transfer, than the sum of the amounts received by the districts separately in the year in which the transfer was consummated.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3311 | School Districts; County Planning

Section 3311.01 | Styling of School Districts.

Section 3311.02 | City School District Defined.

Section 3311.03 | Local School District Defined.

Section 3311.04 | Exempted Village School District Defined.

Section 3311.05 | Educational Service Center Defined - County School Financing District.

Section 3311.051 | Performance Audit.

Section 3311.053 | Joint Educational Service Center.

Section 3311.054 | Membership of Governing Board of Joint Service Center.

Section 3311.055 | School Board, Board of Education and School District Construed.

Section 3311.056 | Plan for Adding Appointed Members to Board.

Section 3311.057 | Service Center Board Following Merger.

Section 3311.058 | When Merger to Achieve Minimum Average Daily Membership Not Required.

Section 3311.059 | Severance From One Educational Service Center and Annexation to Adjacent Service Center.

Section 3311.0510 | Termination of Service Center Agreements; Abolishment of Educational Service Center Governing Board.

Section 3311.06 | Territory of District to Be Contiguous; Exceptions; Annexation of Territory.

Section 3311.062 | Forming District From Noncontiguous Districts.

Section 3311.07 | Change of Classification Upon Advancement.

Section 3311.08 | School Districts That May Become Exempt From Board Supervision - Census.

Section 3311.10 | Change of Classification Upon Reduction of Population in Village School District - Exception.

Section 3311.11 | New School District to Be Approved by General Assembly.

Section 3311.16 | Plan for Joint Vocational School District.

Section 3311.17 | Copy of Plan to Be Filed With Board of Each District.

Section 3311.18 | Creation of Joint Vocational School Districts.

Section 3311.19 | Joint Vocational School District Board of Education.

Section 3311.191 | Terms of Additional Members.

Section 3311.20 | Bond Issue - Annual Levy.

Section 3311.21 | Tax Levy - Rate.

Section 3311.211 | Tuition - Acceptance of Funds.

Section 3311.212 | Use of Buildings.

Section 3311.213 | Procedure for District to Join Existing Joint Vocational School District.

Section 3311.214 | Procedure for Merging Existing Joint Vocational School Districts.

Section 3311.215 | Facilities of Joint Districts.

Section 3311.216 | Funds of Joint Districts.

Section 3311.217 | Dissolution of District.

Section 3311.218 | Sharing Use of Facilities, Equipment or Funds.

Section 3311.22 | Transfer of School District Territory.

Section 3311.221 | Acquisition of Territory Due to Eligible School District Transfer; Transition Agreement.

Section 3311.231 | Transferring Local School District Territory to Adjoining Service Center or City or Exempted Village School District.

Section 3311.24 | Transfer of City, Exempted Village or Local School District Territory to Adjoining District.

Section 3311.241 | Transfer or School District Territory; Cancellation of Debt to Solvency Assistance Fund.

Section 3311.25 | Merger of Districts Located Primarily in Same County With Population of Less Than 100,000.

Section 3311.26 | New Local School District May Be Created.

Section 3311.27 | Report to Tax Commissioner by Board of Surviving School District.

Section 3311.29 | District Public Schools to Maintain All Grade Levels - Dissolution of District - Authorization of Exceptions.

Section 3311.34 | No Exempted Village School Districts to Be Created.

Section 3311.37 | State Board May Propose Creation of New District.

Section 3311.38 | State Board May Propose Transfers of Districts.

Section 3311.50 | County School Financing District.

Section 3311.51 | Creation of Special Education Districts - Disposition of County School Financing District Tax Levy Proceeds.

Section 3311.52 | Establishment of Cooperative Education School District - Dissolution of County School Financing District.

Section 3311.521 | Cooperative Education School District for Purpose of Operating Joint High School.

Section 3311.53 | Resolution Proposing to Become Part of Cooperative Education School District.

Section 3311.54 | Resolution Requesting Dissolution of Cooperative Education District.

Section 3311.60 | Creation of Position of Independent Auditors in Certain School Districts.

Section 3311.61 | Affirmation by Electors.

Section 3311.71 | Members of New Municipal School District Board to Be Appointed by Mayor - Candidates Selected by Nominating Panel.

Section 3311.72 | Submission of Resignations by Current Administrators.

Section 3311.73 | Election on Whether Mayor Shall Continue to Appoint Board Members - Election of New Board.

Section 3311.74 | Goals and Accountability Standards - Plan to Measure Student Academic Performance - Report - Public Awareness Campaign.

Section 3311.741 | Municipal School District Performance Evaluation.

Section 3311.742 | Municipal School District Student Advisory Committees.

Section 3311.75 | Funds Kept Separate - Purchases.

Section 3311.751 | Disposition of Proceeds From Sale of Real Estate by Municipal School District.

Section 3311.76 | Rule Exemptions.

Section 3311.77 | Laws Governing Municipal School Districts; Teacher Contracts.

Section 3311.78 | Municipal School Districts; Adoption of Differentiated Salary Schedules.

Section 3311.79 | Applicants for Teacher Positions in Municipal School Districts.

Section 3311.80 | Municipal School Districts; Adoption of Standards-Based Teacher Evaluation Procedures.

Section 3311.81 | Municipal School Districts; Limited Teacher Contracts.

Section 3311.82 | Municipal School Districts; Termination of Teacher Contracts; Disciplinary Proceedings.

Section 3311.83 | Municipal School Districts; Reduction in Number of Teachers.

Section 3311.84 | Municipal School Districts; Evaluation of Principals.

Section 3311.85 | Municipal School Districts; School Calendar.

Section 3311.86 | Municipal School District Transformation Alliance.

Section 3311.87 | School Sponsorship; Assessment of District and Community Schools.