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STATE EX REL. CLEVELAND BD. OF EDN. v. STATE BD. OF EDN.

No. 84-849.

11 Ohio St. 3d 89 (1984)

THE STATE, EX REL. CLEVELAND BOARD OF EDUCATION, v. STATE BOARD OF EDUCATION OF OHIO ET AL.

Supreme Court of Ohio.

Decided June 6, 1984.

Attorney(s) appearing for the Case

Mr. Thomas C. Simiele and Mr. Michael L. Gordon, for relator.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Gary E. Brown, for respondents.

Per Curiam.

The sole issue presented is whether relator is entitled to the waiver of one day of required instruction as requested. The waiver of the minimum school year requirements is governed by R.C. 3317.01(B) which provides in relevant part:

"* * * This requirement shall be waived by the superintendent of public instruction if it had been necessary for a school to be closed because of disease epidemic...

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