Bishop, 020422 OHAGO, AGO 2022-002

Case DateFebruary 04, 2022
CourtOhio
The Honorable Gary D. Bishop
AGO 2022-002
Opinion No. 2022-002
Ohio Attorney General Opinion
Ohio Attorney General
February 4, 2022
         The Honorable Gary D. Bishop          Richland County Prosecuting Attorney          38 South Park Street, 2nd Floor          Mansfield, Ohio 44902          SYLLABUS:          When an educational service center or joint educational service center contains a local school district that has part of its territory cross into another county, the territory of the local school district lying in another county is part of the territory of the educational service center.          Dear Prosecutor Bishop:          You have requested an opinion regarding the territory of an educational service center (“ESC”) or a joint ESC. I have framed your question as follows:
If the territory of an ESC or joint ESC contains a school district that has territory in more than one county, does the territory of the ESC or joint ESC also cross county lines to match that of the local school district?
         For the reasons that follow, I find that the answer is “yes.” When an ESC or a joint ESC contains a local school district that has part of its territory cross county lines into another county, the portion lying in the other county remains part of the territory of the ESC or joint ESC.          I          For background, an ESC is part of the educational regional service system. See R.C. 3312.01(B)(3). “The system shall support state and regional education initiatives and efforts to improve school effectiveness and student achievement.” R.C. 3312.01(A). “Educational service centers shall provide the services that they are specifically required to provide by the Revised Code and may enter into agreements pursuant to section 3313.843, 3313.844, or 3313.845 of the Revised Code for the provision of other services” that relate to the betterment of the served schools. R.C. 3312.01(C); see 2017 Op. Att’y Gen. No. 2017-023, Slip Op. at 3; 2-238; see also 2005 Op. Att’y Gen. No. 2005-033, at 2-345 n. 1 (“The educational service center provides services and support of various types for the local school districts that it serves, and may provide services to other school districts by agreement”). The territory of an ESC is changeable, and all or part of the territory of one or more local school districts belonging to one ESC may be transferred to an adjoining ESC. See...

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