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Compliance With Minimum Statutory and Collective Bargaining Agreement Procedural Requirements May Support Teacher Nonrenewal

In the case of Gucciardo v. Springfield Local School Dist. Bd. of Edn., 2020-Ohio-5038, an Ohio appellate court held that the nonrenewal of a teaching contract was not procedurally defective since the school board complied with the minimum statutory and collective bargaining agreement procedural requirements.

In this case, a teacher appealed a school board’s decision not to renew the teaching contract arguing that the school board (1) failed to include an overall rating or rating for each evaluated category in its observation assessment and (2) failed to provide the teacher with assistance to improve performance. The appellate court rejected the teacher’s argument because (1) neither the collective bargaining agreement nor R.C. 3119.111 required such ratings and (2) neither the collective bargaining agreement nor R.C. 3119.11 required the school board to provide the teacher with assistance to improve performance.

It is important to note that the appellate court specifically found that, in this case, the collective bargaining agreement did “not specifically provide that it is intended to supersede R.C. 3319.11 and 3319.111.” 2020-Ohio-5038, at ¶ 28. As a result, the outcome of this case may have been different had the collective bargaining agreement specifically superseded either R.C. 3319.11 and/or 3319.111.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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