2021 Ohio 3445
Ohio2021Background
- ECOT, Ohio’s largest online charter (community) school, was found by the Ohio Department of Education (ODE) to have been overpaid (about $60.35 million) after an enrollment/log-in review.
- R.C. 3314.08(K) sets a two-step review: (1) ODE review and (2) an appeal to the Ohio State Board of Education (the Board) for an informal hearing; the statute states the Board’s decision is “final.”
- ECOT appealed to the Board; the Board largely upheld ODE and ordered repayment of $60,350,791.
- ECOT filed (a) an administrative appeal in Franklin County Common Pleas Court under R.C. Chapter 119 and (b) an original action in the Ohio Supreme Court seeking extraordinary relief; the Supreme Court dismissed the original action.
- The trial court dismissed ECOT’s Chapter 119 appeal for lack of jurisdiction; the Tenth District affirmed on reconsideration. The Ohio Supreme Court affirmed, holding the Board’s R.C. 3314.08(K) determination is not appealable under Chapter 119.
Issues
| Issue | Plaintiff's Argument (ECOT) | Defendant's Argument (State Board) | Held |
|---|---|---|---|
| Whether the Board’s R.C. 3314.08(K)(2)(d) statement that its decision is “final” permits an R.C. Chapter 119 administrative appeal | “Final” is a legal term of art meaning the Board’s decision is a final adjudication and thus appealable under R.C. 119.12 | “Final” used in ordinary sense ends the statutory review process; it precludes an R.C. 119 appeal | The Court held “final” is used in the ordinary sense in R.C. 3314.08(K) and precludes a Chapter 119 appeal of the Board’s decision. |
| Whether general statutes (R.C. 3301.13, 119.12, 2505.03) create an independent right to appeal Board adjudications despite R.C. 3314.08(K)(2)(d) | R.C. 3301.13 makes the Department/Board subject to Chapter 119; thus general appeal right applies to Board decisions, including funding determinations | The specific enrollment-review scheme governs and its plain text—designating the Board’s decision simply as “final”—limits appeals; a specific grant is required to preserve Chapter 119 review | The majority found no specific statutory grant for appeals from R.C. 3314.08(K) Board decisions and declined to import the general appeal statutes to override the enrollment-review statute’s finality language; dissent would have applied the general statutes to allow appeal. |
Key Cases Cited
- Brookwood Presbyterian Church v. Ohio Dept. of Edn., 940 N.E.2d 1256 (Ohio 2010) (held that a statutory provision expressly granting review made a “final” agency determination appealable)
- Union Title Co. v. State Bd. of Edn., 555 N.E.2d 931 (Ohio 1990) (construed R.C. 3301.13 and 119.12 to permit appeals from State Board adjudications)
- Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100 (U.S. 2009) (discusses the ordinary federal-law meaning of “final judgment” for appealability)
- Carney v. School Emps. Retirement Sys. Bd., 528 N.E.2d 1322 (Ohio App.) (Tenth District precedent treating statute-labeled “final” agency determinations as nonappealable)