Brookwood Presbyterian Church v. Ohio Department of Education
127 Ohio St. 3d 469
| Ohio | 2010Background
- Brookwood Presbyterian Church applied in Nov 2007 to sponsor Ohio community schools under R.C. 3314.02(C)(1)(f).
- ODE initially determined Brookwood not eligible as not an education-oriented entity under R.C. 3314.015(B)(3) in Mar 2008, then reaffirmed in May 2008 after reconsideration.
- Brookwood appealed under R.C. 119.12; common pleas court dismissed for lack of subject-matter jurisdiction.
- 10th Dist affirmed dismissal, holding that the B.O.E. determination under R.C. 3314.015(B)(3) was final and not appealable, per the more specific statute.
- The Ohio Supreme Court accepted a discretionary appeal to resolve the interplay between R.C. 3314.015(D) and 3314.015(B)(3).
- The majority held that the education-oriented determination is subject to R.C. 119.12 appeal; the dissent argued it is not appealable and suggested mandamus as an alternative.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the education-oriented determination is appealable. | Brookwood argues 3314.015(D) permits 119.12 review of disapproval. | ODE contends 3314.015(B)(3) makes the determination final and not appealable. | Appeal permitted under 119.12. |
| Does 'final' in 3314.015(B)(3) foreclose appellate review? | Final means appealable under 119.12 due to two-stage process. | Final means not subject to appeal; should foreclose 119.12 review. | Final does not preclude appeal; 119.12 review allowed. |
| Is there a two-tier process for sponsor approval affecting appeal rights? | There is a preliminary eligibility step including education-oriented status; appeal can occur at disapproval stage. | Two-tier process not clearly defined to allow appeal at preliminary stage. | Two-tier view supports appeal of the education-oriented determination. |
| Does statutory structure require reading 3314.015(D) to apply to all tiers? | Right to appeal applies to any disapproval at any tier. | Only final disapproval at the stage of sponsorship applies to appeal. | Right to appeal applies to the education-oriented determination at issue. |
Key Cases Cited
- Walburn v. Dunlap, 121 Ohio St.3d 373 (Ohio 2009) (finality notion can bar or permit appellate review depending on context)
- Carney v. School Emps. Retirement Sys. Bd., 39 Ohio App.3d 71 (Ohio App.3d 1987) (statutory finality can preclude 119.12 appeal)
- State ex rel. Shumway v. Ohio State Teachers Retirement Bd., 114 Ohio App.3d 280 (Ohio App.3d 1996) (note on final determinations and review)
- Riedel v. Consol. Rail Corp., 125 Ohio St.3d 358 (Ohio 2010) (statutory interpretation to harmonize finality and appeal rights)