Ohio School Administrator Contracts Lawyers
Farlow & Associates LLC represents Ohio’s school principals, assistant principals or vice principals, central office personnel, and other primary and secondary school administrators in contracts and contract issues, disputes, licensing, and other professional matters. The firm’s founder, Beverly Farlow, was a teacher for fourteen years before beginning a successful law practice several years ago. She has been recognized as an Ohio “Super Lawyer” in 2006, 2007, 2008 and 2009. Ms. Farlow’s combination of proven legal skills, experience representing Ohio school administrators and staff, and educational background uniquely position her to advise Ohio’s school personnel in legal, contract and disciplinary issues.
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At Farlow & Associates, LLC, our clients expect prompt and attentive legal services – and our lawyers provide it cost effectively. To speak with an attorney at our Dublin, Ohio, law firm about your legal concerns, please contact us by calling 614-734-1270.
June 1 of any given year has significance to Ohio school administrators because that is the date by which a board of education must provide notice to an administrator of its intention to non-renew his or her contract of employment. This Letter of the Law will address certain issues relating to an administrator’s contract of employment.
1. Is my board required to provide me with a written contract?
Ohio Revised Code § 3319.02(C) requires that all administrators must be issued writtenlimited contracts. Not only must the contract be in writing, but also it must contain a number of types of information. The contract must specify: 1) the employee’s administrative position, 2) the duties of that position, 3) the salary and other compensation to be paid, 4) the number of days to be worked, 5) the number of vacation leave days (if any), and 6) the paid holidays in each contract year.
2. What should the duration of my contract be?
The initial contract issued to an administrator may be for up to three years; subsequent contracts can be for any term up to three years until the administrator has served a total of three years. Once the administrator has served three or more years, s/he must be given a contract of no less than two years and no more than five years. The board may on a one-time basis and upon the recommendation of the superintendent, issue a one-year contract to an administrator. If the superintendent refuses to nominate an administrator whom the board wishes to reemploy, the board may, by a three-fourths vote of its full membership, reemploy such person.
3. Does the board have to provide me with an evaluation?
Yes, every year. ORC § 3319.02(D) provides that in any year in which an administrator’s contract is set to expire, at least one preliminary evaluation and at least one final evaluation must be completed in the year of expiration. The administrator is to receive a written copy of the first evaluation at least sixty (60) days prior to any action by the board of education on that administrator’s contract of employment. The administrator’s final evaluation must indicate the superintendent’s intended recommendation to the board of education for the administrator’s contract. The administrator is to receive the second written evaluation at least five (5) days prior to the board’s action to renew or non renew the administrator’s contract.
Importantly, if the board of education fails to provide evaluations as set forth in the newly revised statute, OR if it fails to comply with the requirement to meet and discuss its reasons as discussed below, the administrator must be re-employed at the same salary plus any increments that may be authorized by the board for one year. If the administrator has been employed by the district for three (3) years or more, the period of re-employment must be for two (2) years.
4. What happens if the board does not act on my contract by June 1?
If a board wishes to non-renew the contract of an administrator, it must adopt a resolution to that effect and provide written notice of the administrator on or before June first of the year of expiration of the administrator’s contract . Again, if the board fails to provide written notice on or before June 1st, the administrator is automatically reemployed for one year at the same salary plus any increments that may be authorized by the board, or for two years if the administrator’s service is of three or more years’ duration.
5. Do I have the right to meet with the board of education to discuss my contract?
Yes, a board of education desiring to non-renew the contract of an administrator must notify the administrator of his/her right to meet with the board in executive session. In that meeting, the board must discuss its reasons for considering renewal or non-renewal; the administrator may meet individually with the board or may have a representative present as well.
6. If the board of education non-renews my contract, what about my continuing contract as a teacher?
An administrator who has earned continuing contract status in an Ohio school district retains such status while serving as an administrator, even if the administrator is employed in a different Ohio school district, under many circumstances. See ORC §3319.11(B). In order to claim continuing contract status after being non-renewed as an administrator, the administrator must have been employed in the district two (2) or more years. There is no requirement that the school board need take any further action to extend employment before the continuing status as a teacher is reestablished. See State ex rel Midlam v. Greenville City School Dist. Bd. of Edn., 161 Ohio App.3d 6976, 2005-Ohio-3061 (2005), which held, “[a] certified teacher who has attained continuing service status in one school district, and who has served at least two years as an administrator in a second school district, is entitled to a continuing service contract as a teacher in the second school district if the administrative contract is not renewed.”
Continue on to Ohio School Administrator Contracts Overview.
Contact an Ohio School Administrator Contract Lawyer
Questions about contract issues are serious issues which can affect the career path and quality of life for Ohio’s school administrators, principals and office staff and personnel. Contact an Ohio School Law professional with the experience and expertise to guide you through matters from minor issues through contract and licensing issues, even criminal allegations. We invite you to please contact us, or call 614-734-1270.