In the case of Watkins v. Ohio Bd. of Edn., 2023-Ohio-2595, an appellate court held that the board of education still had authority and jurisdiction to conduct a hearing regarding the suspension of an educator’s license and permanent enjoinment from holding a license when the board of education failed to schedule the hearing fifteen days after the educator requested a hearing through email, despite a possible violation of R.C. 119.07.
In this case, the educator argued that the educator sent an email requesting a hearing and the subsequent failure to schedule a hearing within fifteen days of the request negated the board of education’s authority from revoking the educator’s license. In response, the board of education argued that an email does not constitute certified mail, and, even if it did, failing to schedule a hearing within fifteen days of a request does not remove the board of education’s authority to revoke licenses. The appellate court agreed with the board of education.
In support of its decision in favor of the board of education, the appellate court explained that R.C. 119.07 requires notice through certified mail with return receipt requested, not through email. The appellate court further explained that, even if this constituted a violation of 119.07, the error was appealable and did not automatically take away the board of education’s authority.
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.