Opinion

State ex rel. Dennis v. Board of Education of Hillsdale Local School District

  • 28 Ohio St. 3d 263
  • 28 Ohio B. 341
  • 503 N.E.2d 748
  • 1986 Ohio LEXIS 832
Court
Ohio Supreme Court
Filed
Dec 26, 1986
Status
Published
Author
Douglas
On the bench
Brown, Celebrezze, Douglas, Holmes, Locher, Only, Sweeney, Wright
Cited by
6 cases

The opinion

Douglas, J.,

concurring. I concur and write separately to make several points. There has been much discussion but little decision concerning the phrase “substitutes on a casual or day-to-day basis.” After considering this question and particularly the facts of this case, I would hold (and I think this court should hold) that a teacher employed as a substitute with an assignment to one, and only one, specific teaching position for more than sixty days is not, under any reasonable interpretation, a casual or day-to-day substitute. Further, when R.C. 3319.10 and 3319.11 are read together and harmonized, only “substitutes on a casual or day-to-day basis” are exempt from the requirement of giving notice of nonrenewal and the automatic re-employment provisions of R.C. 3319.11.

*268 Finally, it is my judgment that a teacher employed as a substitute, who teaches more than one hundred twenty days in a situation that entails one specific teaching assignment, is automatically re-employed under the provisions of R.C. 3319.11. My reading of the statutes leads me to the further conclusion that such a teacher should be re-employed under a limited contract as a regular teacher. Thus, I concur only in the judgment of the majority because I differ on this point.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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