Opinion
No. 39620
Decided February 9, 1966.
Schools — Teachers — Continuing service status — Completion of three consecutive years in one district — Resignation — Re-employment for fourth year — Teacher's acceptance of one-year limited contract — Right to continuing contract waived.
APPEAL from the Court of Appeals for Lucas County.
The relator was employed by the respondent, board of education, as a school teacher for four school years, 1960-1961, 1961-1962, 1962-1963 and 1963-1964, each year under a limited yearly contract. In April of the third year, relator resigned as a teacher in the respondent's school district, to be effective at the close of the third school year. This resignation was accepted by the respondent. It was at no time withdrawn by relator. The following June, after the close of the third year, respondent withdrew its acceptance of the resignation and thereafter granted relator a limited yearly teaching contract for the school year, 1963-1964. Relator taught during that year.
On September 1, 1963, relator possessed an eight-year professional certificate issued by the Department of Education. From and after that date, relator requested a continuing teaching contract which the respondent refused. At no time after April 1963, was relator nominated for re-employment by the county superintendent. In March 1964, relator was notified by the respondent that he would not be re-employed for a fifth year on either a continuing or limited teaching contract. The respondent did not bring charges against relator or have a hearing on his discharge, nor did the relator request such a hearing.
In May 1964, relator instituted in the Court of Appeals the instant action in mandamus seeking a writ requiring the respondent to execute a written continuing contract, effective on and after September 1, 1963.
The Court of Appeals allowed the writ.
Messrs. Gallon, Desmond Lackey, for appellee.
Mr. Harry Friberg, prosecuting attorney, and Mr. M. Robert Kopf, Jr., for appellants.
The unilateral action of the respondent in withdrawing its acceptance of relator's resignation, after the close of the third year when the resignation became effective, left the resignation stand as originally filed. Relator, allowing the resignation to stand and thereafter voluntarily entering into a one-year limited teaching contract, without protest, waived his right to a continuing contract of employment. State, ex rel. Ford, v. Board of Edn. of City School Dist. of Cleveland, 141 Ohio St. 124.
Relator is not entitled to a writ of mandamus requiring the execution of a continuing contract of employment.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, O'NEILL, SCHNEIDER and BROWN, JJ., concur.
MATTHIAS and HERBERT, JJ., dissent.