Board of Education of the City School District v. Rhodes

DISSENTING OPINION

By FESS, J.

This is an appeal on questions of law from a judgment entered by the Common Pleas Court in an action for declaratory judgment brought by the plaintiff Board of Education finding in favor of defendants and declaring that drivers of school busses owned and operated by contract carriers are employes of the Plaintiff within the purport and meaning of §3309.01 (B) R. C., and as such required to become members of the School Employees Retirement System, Chapter 3309 R. C.

Chapter 3327 R. C., requires boards of education to provide transportation for pupils to and from…