Teachers’ Rights Under a Limited Contract when Facing Non-Renewal in Ohio

 In Ohio, the statutory process for contract nonrenewal of public school teachers is primarily governed by Ohio Revised Code (ORC) § 3319.11.

Initial Considerations

Before a board of education can decide not to renew a limited contract, they must follow the evaluation procedures outlined in ORC § 3319.111. This generally includes:

•           Formal Observations: At least three formal classroom observations are required for a teacher under consideration for nonrenewal.

•           Written Reports: The teacher must receive written reports of these evaluations with specific recommendations for improvement.

•           Timelines: Evaluations must be completed, and written reports provided to the teacher by specific dates (typically evaluations completed by May 1st and reports by May 10th). Failure to meet these timelines can impact the validity of a nonrenewal.

Notice Deadline

After the school superintendent recommends in writing to the board of education that the teacher's contract not be renewed, the board acts upon the recommendation. The board must give the teacher written notice of its intention not to re-employ them on or before June 1st of the academic year the contract expires. (ORC § 3319.11(G)).

While the board doesn't necessarily need "cause" to non-renew a limited contract, the nonrenewal cannot be based on discriminatory reasons (e.g., race, religion, gender, disability).

It's important to also note that collective bargaining agreements between teachers' unions and school boards may contain additional or modified procedures for nonrenewal, so long as they don't directly conflict with minimum requirements. The requirements of ORC § 3319.11 will prevail over any conflicting provisions of a collective bargaining agreement entered into on or after November 2, 2018.

Right to a Written Statement, Hearing and an Appeal

Here's a breakdown of the key aspects of teachers’ rights under limited contracts (those who have not attained continuing service status, often referred to as tenure) when facing non-renewal:

 

  1. Teacher's Demand for Written Statement (ORC § 3319.11(G)(1)): Within ten days of receiving the notice of nonrenewal, the teacher can file a written demand with the treasurer of the board requesting a written statement describing the circumstances that led to the board's intention not to re-employ them.

 

  1. Board Response to Teacher (ORC § 3319.11(G)(2)): Within ten days of receiving the teacher’s written demand for written statement, the treasurer of the board must provide the teacher with a written statement describing the circumstances that led to the board's intention not to re-employ them.

 

  1. Teacher's Demand for Hearing (ORC § 3319.11(G)(3)): Within five days of receiving the written statement from the treasurer, the teacher can file a written demand with the treasurer for a hearing before the board of education. (Or, if the teacher opts to not demand a written statement, within ten days of the original nonrenewal notice.)

 

  1. Written Notice for Hearing (ORC § 3319.11(G)(4): With ten days of receiving the teacher’s written demand for hearing, the treasurer of the board must provide the teacher with a written notice stating the time, date, and place of the hearing.

 

  1. Hearing Before the Board (ORC §§ 3319.11(G)(4)-(5)):

    • The board must schedule and conclude the hearing within forty days from the date the treasurer received the teacher's written demand for a hearing.

    • The hearing is conducted by a majority of the members of the board.

    • The hearing is typically held in executive session of the board unless the board and the teacher agree to hold the hearing in public.

    • The superintendent, assistant superintendent, the teacher, and any person designated by either party to take a record of the hearing may be present at the hearing, including a right to counsel for the parties.

    • The hearing focuses on the reasons for the proposed nonrenewal. At the hearing, the teacher is given the opportunity to be heard and present information.

 

  1. Board's Written Decision (ORC § 3319.11(G)(6)): Within ten days after the hearing, the board must issue a written decision to the teacher, either affirming the intention of the board not to reemploy the teacher or vacating its intention not to reemploy (and expunging any record of the intention, notice of the intention, and the hearing conducted).

 

  1. Teacher Appeal to Court (ORC § 3319.11(G)(7)): A teacher may appeal an order affirming the intention of the board not to reemploy the teacher to the court of common pleas (of the county in which the largest portion of the territory of the school district or service center is located) within thirty days from when the teacher receives the board’s written decision.

    • An appeal is limited to the determination of procedural errors and ordering the correction of procedural errors.

    • An appeal does not have jurisdiction to order a board to reemploy a teacher, except the court may order a board to reemploy a teacher when the court determines that evaluation procedures have not been complied with.

In summary, the statutory process for nonrenewal of a public school teacher's limited contract in Ohio involves adherence to specific evaluation procedures, timely written notice, and the opportunity for the teacher to request a written statement of reasons and a hearing before the board of education. Failure by the school board to follow these procedures can result in the automatic renewal of the teacher's contract. If a teacher receives a notice of nonrenewal, it is highly advisable to seek legal counsel immediately to understand their rights and options, as there are strict timelines involved.