Excerpt from When School Boards Run Amuck: Opinion No. 396 of Attorney General John G. Price of Ohio, on the Power of a School Board to Establish Military Training in the Schools Without Special Authority From the Legislature

Section 7649: A high school is one of higher-grade than an elementary school in which instruction and training are given in approved courses in the history of the United States and other countries; composition, rhetoric, English and American litera ture; algebra and geometry; natural science, political or mental science; ancient or modern foreign languages, or both; commer cial branches, or such of the branches named as the length of its curriculum makes possible. Also such other branches of higher grade than those to be taught in the elementary schools, with such advanced studies and advanced reviews of the common branches as the board of education directs.

Nothing in such section provides for military training as a branch in Ohio high schools.

The enactment of the board of education in question goes far ther than many laws or ordinances subject to a referendum in that, among other things, it inaugurates a study not named in section 7649, G. C., it regulates mode of dress, its operation is limited to one sex, it demands an oath from parents, over whom boards of education have _no jurisdiction, it lays an additional tax on the pa rent, who has already been assessed his school taxes by law, and abridges his right of contract in purchasing his son's wearing ap parel for the public schools when and wherever he chooses, rather than from one designated firm, called the official outfitter.

In the case at hand the board of education put into force in its large geographical jurisdiction, by resolution, an enactment that was compulsory in its nature and effective upon passage, without war rant oi law, and an ultra vires enactment that carried the penalty of a denial of promotion and proper rating in the public schools unless it was complied with, including certain limited exceptions.

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