Opinion
No. 111449
Decided September 1, 1967.
Schools — Discretionary powers of board of education — Courts without power to control — Right to participate in athletics — Mandamus.
No court has authority to control the discretion vested in a board of education, in the absence of a gross abuse thereof, or the right to substitute its judgment for that of such a board upon any question the board is authorized by law to determine.
Mr. Russell T. Adrine, for relators.
Mr. Virgil Musser, for respondents.
The state provides free educational facilities for the children of the state and each child has a right to attend the schools of his district. But this is not an absolute right. Schools to be effective and fulfill the purposes for which they are intended must be operated in an orderly manner. Reasonable rules and regulations must be adopted. The right to attend school and claim the benefits of the public school system is subject to lawful rules prescribed for the government thereof.
Under the law of Ohio, the Massillon Board of Education is given the power and authority, and has the duty, to make rules and regulations as are necessary for the government of its employees and pupils of the schools.
It is the responsibility of the board of education, through its athletic director, to decide who may participate in athletic competition. A pupil may participate in athletic competition, but subject to the rules and regulations prescribed by the board of education.
Counsel for relators contends that it is important for children to have a sense of "belonging." It is just as important for children to respect authority — and in this particular case to understand that the authority is in the board of education through its athletic director.
No court has the authority to control the discretion vested in a board of education, unless there has been a gross abuse of discretion. No court has the right to substitute its judgment for that of the board of education upon any question it is authorized by law to determine.
The petition does not allege facts which would be considered to be an abuse of discretion.
The petition of the relators is hereby dismissed.
Petition dismissed.