Wednesday, September 21, 2011

Teacher's appeal of non-renewal must be filed with Board of Education, Court rules

Earlier this month, the Third District Court of Appeals of Ohio agreed with a trial court that dismissed a teacher's complaint after he was non-renewed by his school district. The reason was because the teacher failed to initially file a notice of appeal with the board of education, and instead, went straight to court.

In that case, the teacher was informed that his contract was to have been non-renewed after approximately a decade of service. The teacher requested a hearing regarding the non-renewal, which was subsequently granted by the Board of Education. Thereafter, the Board of Education affirmed its decision to non-renew his contract. Twenty eight days later, the teacher filed a complaint in the Marion County Court of Common Pleas.

The school district responded by filing a motion to dismiss the complaint, which was granted by the court. The school district argued, and the court agreed, that before the complaint was filed, the teacher should have filed a notice of appeal with the Board of Education within 30 days of the decision of the Board not to renew the contract.

The appellate court agreed that the teacher has 30 days to file his appeal, and that appeal must first be filed with the Board of Education.