Burnell v. Cleveland Mun. Sch. Dist. Bd. of Educ.

114 N.E.3d 1274, 2018 Ohio 4609
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedNovember 15, 2018
DocketNo. 106623
StatusPublished
Cited by1 cases

This text of 114 N.E.3d 1274 (Burnell v. Cleveland Mun. Sch. Dist. Bd. of Educ.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burnell v. Cleveland Mun. Sch. Dist. Bd. of Educ., 114 N.E.3d 1274, 2018 Ohio 4609 (Ohio Super. Ct. 2018).

Opinion

MARY J. BOYLE, J.:

*1275{¶ 1} Defendants-appellants, Cleveland Municipal School District Board of Education ("CMSD" or the "Board") and its chair, Denise Link ("collectively appellants"), appeal from the trial court's order concluding that plaintiffs-appellees, 12 teachers employed by CMSD who did not have their contracts renewed at the end of the 2013-2014 school year ("teachers"), did not receive an adequate hearing under R.C. 3311.81.1 The appellants raise two assignments of error for our review:

1. The trial court erred in determining that Plaintiffs did not receive an adequate hearing before the Board pursuant to R.C. 3311.81(C).
2. The trial court erred in interpreting R.C. 3311.81(C) to require hearing procedures that are not present in the language of the statute.

{¶ 2} Finding merit to CMSD's assignments of error, we reverse.

I. Procedural History and Factual Background

{¶ 3} In June 2012, the Ohio General Assembly passed H.B. 525, titled, "The Cleveland Plan for Transforming Schools" ("the Cleveland Plan"), which sought to remedy a myriad of issues facing CMSD schools.2 Involved in the creation of the Cleveland Plan were CMSD officials, the Cleveland Teachers Union ("CTU"), and Cleveland Mayor Frank Jackson. As part of the Cleveland Plan, the Ohio Legislature passed R.C. 3311.81, which created new procedures for limited contract teachers, including changes to the nonrenewal process, appellate procedures, and collective bargaining. Additionally, as part of the discussions concerning the Cleveland Plan, CTU and CMSD negotiated changes to the collective-bargaining agreement between them, including changes to nonrenewal and evaluation procedures, which went into effect on July 1, 2013 ("the collective-bargaining agreement").

*1276{¶ 4} Under the collective-bargaining agreement, a teacher could receive a limited contract, a continuing contract, or an extended limited contract. The collective-bargaining agreement stated that " 'limited contract' means a limited contract that the board of education enters into with a teacher who is not eligible for a continuing contract." According to the agreement, "[a]ny teacher employed under a limited contract who is not eligible to be considered for a continuing contract is, at the expiration of such limited contract, considered re-employed under a one-year limited contract, unless the board gives such teacher written notice of its intention not to re-employ such teacher."

{¶ 5} The following procedures for the nonrenewal of a limited contract teacher were set forth in R.C. 3311.81 and the collective-bargaining agreement:

A. The following only applies upon the expiration of a teacher's limited or extended limited contract.
B. Prior to the board giving written notice to a teacher of its intention not to re-employ such teacher, the following shall apply:
1. The evaluation process, as outlined in Article 13, must have been completed.
2. The Principal/Administrator shall provide the teacher with notice of his/her recommendation that the teacher not be re-employed, with a copy to the Union and the Academic Superintendent.
3. The Academic Superintendent shall hold a hearing with the teacher, CTU representative, and Principal/Administrator. Following the hearing, the Academic Superintendent shall transmit his or her recommendation to the [Chief Executive Officer ("CEO") ], with a copy to the employee and the CTU.
4. If a recommendation for non re-employment is made by the Academic Superintendent or if the CEO intends to recommend non reemployment to the Board, the teacher shall be entitled to a hearing before the CEO or his/her designee, with CTU representation, prior to any recommendation to the Board.
5. The CEO shall make a recommendation to the school board. A copy of the recommendation shall be issued to the teacher and CTU.
6. On or before June 1 of the year that the teacher's limited or extended limited contract expires, the board must give a teacher written notice of its intention not to re-employ the teacher. A copy shall be provided to the CTU.
7. Any teacher receiving written notice of the intention of the board not to re-employ such teacher pursuant to this section may request a hearing before the board. * * * The hearing shall be held in executive session of the board at the board's next scheduled meeting. Following the hearing, or if no hearing is requested, the board shall act on the question of the teacher's re-employment. The decision of the board shall be final and shall not be subject to further appeal.

{¶ 6} During her deposition, Link explained that under the Cleveland Plan, nontenured teachers that were nonrenewal were identified "through their evaluation process with their principals[.]" Further, according to Link, the purpose of the hearing with the teacher's academic superintendent is to "determine if they should move forward with the nonrenewal, or if the teacher should go back to possibly corrective action[.]" If the academic superintendent supports nonrenewal, the teacher then has the right to a second hearing, with his or her CTU representative present, before CMSD's CEO or the CEO's designee. Link explained that during the second hearing,

*1277the other administrators, [including] the principal and the academic superintendent, * * * are not present * * * so the teacher has [his or her] chance to voice [his or her] opinion without fear of retribution from [the] principal for their management [and] * * * can have [his or her] opportunity to be heard without any interruptions.

If CMSD's CEO recommends nonrenewal, a limited contract teacher is then allowed to request a hearing before the Board.

{¶ 7} The teachers involved in this case were limited contract teachers in CMSD schools during the 2013-2014 school year. At the end of the school year, the teachers were each notified that their principals intended not to renew their contracts for the following year. As required under the collective-bargaining agreement between CTU and CMSD - particularly, in the section titled, "CTU-Bargained Due Process Procedures" - the teachers each (1) received written recommendations of nonrenewal from their principals, (2) had a hearing with their academic superintendents with the teachers' CTU representatives and principals/administrators present, (3) received a written recommendation of nonrenewal from the academic superintendent, and (4) had a hearing with CMSD's CEO or the CEO's designee, which ended in a recommendation of nonrenewal to the Board.

{¶ 8} After the teachers received the CEO's recommendations for nonrenewal, they requested "(1) an explanation in writing as to why their contracts were not being renewed, and (2) a hearing to challenge CMSD's decision not to renew their contracts" with the Board. Burnell v. Cleveland Mun. School Dist. Bd. of Edn. , 8th Dist. Cuyahoga No. 103069, 2015-Ohio-5431

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Bluebook (online)
114 N.E.3d 1274, 2018 Ohio 4609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnell-v-cleveland-mun-sch-dist-bd-of-educ-ohctapp8cuyahog-2018.