Board of Education v. State ex rel. Wickham

Citations

• 80 Ohio St. (N.S.) 133

Syllabus

<p>Mandamus will lie, when — Not to control discretion, •when — Boards of education may establish rules — Enforced by courts — Rule providing for promotion of pupils — Superintendent may refuse to allow pupil to omit grade — Mandamus will compel promotion, when.</p> <p>1. Mandamus will lie to compel the performance of an act which is clearly shown to be especially enjoined by law as a duty resulting from an office, trust or station. But it will not lie to control discretion unless it be clearly shown that the refusal by the one occupying the trust or station to perform the desired act is an abuse of discretion. The State, ex rel. Milhoof v. The Board of Education, 76 Ohio St., 297, approved and followed.</p> <p>2: The statutes of the state relating to education which give the control and management of the public schools to the boards of education of the several districts, authorize such boards to establish rules and regulations for the government of the schools, and, so far as rules so established are reasonable, and fairly calculated to insure good government and promote the ends of education, will be sustained by the courts.</p> <p>3. A rule which provides for the proper examination at the end of the school year of pupils jointly by the teacher of the grade in which such pupils have been students and the superintendent of the schools, and for the promotion of pupils to the next higher grade upon the recommendation of such teacher and superintendent, the same being based on merit, is a reasonable rule.</p> <p>4. A pupil who has favorably passed examination, and been given a proper certificate authorizing him to enter the next higher grade, is without right, in the absence of authority from- the board of education, to omit such grade to which he has been promoted and passed to a higher one.</p> <p>5. Where, by direction of the parent of the pupil thus promoted, the pupil without authority of the boar,d, enters the room of such higher grade for the purpose of remaini