State ex rel. King v. Sherman

Citations

• 104 Ohio St. (N.S.) 317

Syllabus

<p>Schools — Tuition—Nonresidents of district — Inmates of private children’s home — Charging district of former residence— Mandamus — County auditor to issue warrant, when — Constitutional law — Sections 7677, 7678 and 1681, General Code.</p> <p>1. Where children of school age, inmates of a private children’s home or orphan asylum, have attended the public schools of the school district in which such home or asylum is located, such school district is entitled to recover from another district in the state of Ohio where such children had a residence immediately prior to becoming inmates of such home or asylum the expense of such attendance based upon the average per capita cost of the elementary schools of the district where such home is located, not including improvements and repairs.</p> <p>2. Where the superintendent of the school district where such home is located furnishes the county auditor a detailed report of such average per capita cost and the county auditor certifies the amount thereof to the auditor of the county of such children’s last residence, it is the duty of the county auditor receiving such certificate to issue his warrant on the county treasurer of the same county for such amount payable to the school district entitled thereto, and mandamus will lie to compel the performance of such duty.</p> <p>3. Sections 7677, 7678 and 7681, General Code, are not in violation of any of the provisions of the Constitution of Ohio.</p>