Opinion
No. 75-111
Decided December 17, 1975.
Schools — Teacher's employment under limited contract — Teacher deemed reemployed, when — R.C. 3319.11.
APPEAL from the Court of Appeals for Mahoning County.
Appellants were public school teachers employed by the appellee, board of education, under terms of limited contracts of employment. In mid-April 1974, appellants and other teachers received letters from the Superintendent of Youngstown Public Schools to the effect that he would recommend to the board of education that their limited contracts not be renewed for the 1974-75 school year. On April 24, 1974, the board met to consider the superintendent's recommendations. At that meeting the board voted not to renew appellants' contracts as well as others. Appellant Margaret Nagy attended the board's meeting on April 24, 1974, when the superintendent's recommendations were considered. Neither appellant James Dudley nor Helene Loth attended that meeting.
On April 29, 1974, letters were prepared by the school authorities notifying the teachers affected of the board's action. These letters were deposited in the interschool mail for delivery to the appellants.
Appellants Dudley and Nagy received their letters from their respective school principals on May 1, 1974. Appellant Loth received her letter through the United States mail on May 2, 1974.
The appellants filed an action in the Court of Common Pleas of Mahoning County seeking relief under R.C. 3319.11. The trial court denied the requested relief. The Court of Appeals affirmed the trial court's decision.
The cause is now before this court upon an allowance of a motion to certify the record.
Messrs. Green, Schiavoni, Murphy Haines and Mr. Dennis Haines, Mr. Anthony P. Sgambati, II, and Mr. Barry R. Laine, for appellants.
Messrs. Henderson, Covington, Stein, Donchess Messenger, Mr. James L. Messenger and Mr. Christopher J. Newman, for appellee.
The issue raised in this case is the same as was decided this day in State, ex rel. Peake, v. Bd. of Edn. (1975), 44 Ohio St.2d 119. Based upon that decision, the judgment of the Court of Appeals is reversed.
Judgment reversed.
CORRIGAN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.
O'NEILL, C.J., HERBERT and STERN, JJ., concur in the judgment.