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Is ODE Ruling Denying Eligibility of Nonprofit Group to Apply as Charter School Sponsor Appealable?
Under State Administrative Procedures Act
Brookwood Presbyterian Church v. Ohio Department of Education, Case no. 2009-1926
10th District Court of Appeals (Franklin County)
ISSUE: When a tax-exempt nonprofit organization seeks the approval of the Ohio Department of Education (ODE) to sponsor a community or "charter" school, and ODE makes a determination that the entity is not eligible to apply as a sponsor because it does not meet threshold criteria for sponsoring organizations set forth in R.C. 3314.02, is the department's denial of eligibility a final determination not subject to appeal, or is its ruling subject to appeal under provisions of R.C. 119.12, the Ohio Administrative Procedures Act?