State ex rel. Midlam v. Greenville City School District Board of Education

161 Ohio App. 3d 696
CourtOhio Court of Appeals
DecidedJune 17, 2005
DocketNo. 1648
StatusPublished

This text of 161 Ohio App. 3d 696 (State ex rel. Midlam v. Greenville City School District Board of Education) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Midlam v. Greenville City School District Board of Education, 161 Ohio App. 3d 696 (Ohio Ct. App. 2005).

Opinion

Young, Judge.

{¶ 1} Plaintiff-appellant, Ginger Midlam, is appealing from the judgment of the Darke County Common Pleas Court dismissing her complaint against defendantappellee, Greenville City School District Board of Education.

{¶ 2} Ginger Midlam was hired by the Greenville City School District Board of Education to serve as an elementary-school principal at South Elementary School for a two-year term beginning August 1, 2002, and ending July 31, 2004. Prior to her employment with the Greenville City School District as an administrator, Midlam served as a certified teacher for 15 years in Ohio and had received continuing-contract status as a teacher at Tri-County North School District in Ohio.

{¶ 3} Midlam began her employment with the Greenville City School District at the end of July 2002, when she attended an administrative forum. She went on to serve as elementary principal for the entirety of her two-year term ending July [698]*69831, 2004. During Midlam’s first year as principal, Dr. Mark Weedy, Superintendent of Greenville City School District, evaluated Midlam in June 2003. In a one-to-six rating scale, Midlam received all ones (“one” meaning “outstanding”) and twos (“two” meaning “good”). Dr. Weedy commented that “Ginger has done a good job as a first-year principal at South.” Dr. Weedy also included suggestions for improvement, including visiting classrooms on a regular basis, communicating more with other principals, and continuing to work on the fiscal side of being a principal.

{¶ 4} During her second year as elementary principal, Midlam received another evaluation from Dr. Weedy, dated December 8, 2003. Midlam received all twos and threes (“three” meaning “satisfactory”). Dr. Weedy commented, “Ginger has struggled in her second year as principal.” Dr. Weedy suggested areas for improvement, including delegating duties, building relationships, and avoiding playing “catch-up.”

{¶ 5} Midlam received a final evaluation, dated February 26, 2004, from Dr. Weedy. Midlam received threes, fours (“four” meaning “fair”), and fives (“five” meaning “unsatisfactory”). Dr. Weedy commented as follows:

{¶ 6} “Ginger has struggled with leading her building effectively this year. She does not appear to have a solid, reliable indication of how other people view her in her role as principal. Ginger has a good instructional mind, but is not able to communicate effectively. Ginger has been mentored by Maureen McDonough, but Ginger has not initiated requested conversations as requested in the evaluation dated December 8, 2003. I will be recommending non-renewal to the Board of Education.”

{¶ 7} Midlam received the evaluation on March 4 and met with Dr. Weedy to discuss the evaluation on March 11. Thereafter, Dr. Weedy sent Midlam a letter indicating that her contract would be expiring on July 31, 2004, and that she would have the opportunity to meet with the Greenville City School District Board of Education to discuss her administrative contract. Midlam requested a meeting with the board. On March 23, the board met with Midlam to discuss the nonrenewal of her administrative contract. On March 30, the board passed a resolution not to renew Midlam’s contract as an administrator. Midlam was informed of the nonrenewal by written notice on March 30. In a letter dated March 30, Midlam requested continuing-contract status as a teacher subsequent to her nonrenewal as an administrator. On April 9, the board responded by letter, denying Midlam’s request on the basis that the board did not re-employ her under an additional contract.

{¶ 8} After filing a complaint against the board, Midlam filed a motion for a preliminary injunction and a request for a writ of mandamus. After a hearing, the trial court denied Midlam’s motion for a preliminary injunction and request [699]*699for a writ of mandamus and dismissed her complaint. The trial court concluded that Midlam was not entitled to reemployment as an administrator because Midlam was properly evaluated in accordance with R.C. 3319.02(D). The trial court found that “the evaluations were conducted in a timely manner; that notices were timely provided; that the meeting between the Board of Education and Mrs. Midlam was timely; and that the decision to non-renew her principal’s contract was timely made by the Board of Education.” The trial court also concluded that Midlam was not entitled to re-employment as a teacher under a continuing contract because “a continuing contract is not automatically renewed, and * * * R.C. 3319.11(B) sets forth various procedural safeguards which must be fulfilled before continuing employment is granted.” The trial court found that the board properly had notified Midlam of its intention not to reemploy her Midlam and that the board complied with the evaluation provisions in R.C. 3319.111(A). Midlam appeals from this judgment of the trial court dismissing her complaint.

{¶ 9} Midlam raises the following two assignments of error:

{¶ 10} “The trial court erred as a matter of law in failing to order appellee to place appellant in the classroom as a result of her continuing contract status as a teacher.”

{¶ 11} “The trial court erred as a matter of law by not renewing appellant’s two-year administrative contract due to appellee’s failure to properly evaluate appellant as required by the Ohio Revised Code.”

{¶ 12} Midlam’s first assignment of error contends that the trial court erred in concluding that Midlam was not entitled to reemployment as a teacher under a continuing contract. Midlam argues that pursuant to R.C. 3319.11(B), her continuing-contract status as a teacher was reestablished when she completed her two years of service as an administrator. Midlam argues that R.C. 3319.11(B) does not require the board to take some further action to re-employ her before the board must honor her continuing-contract status and that such a requirement is contrary to the Ohio Supreme Court’s decision in State ex rel. Kelley v. Clearcreek Local School Dist. Bd. of Edn. (1990), 52 Ohio St.3d 93, 556 N.E.2d 173.

{¶ 13} R.C. 3319.11(B) provides that “[tjeachers eligible for continuing service status in any city, exempted village, local, or joint vocational school district or educational service center shall be those teachers qualified as described in division (B)(1) or (2) of section 3319.08 of the Revised Code, who within the last five years have taught for at least three years in the district or center, and those teachers who, having attained continuing contract status elsewhere, have served two years in the district or center, but the board, upon the recommendation of [700]*700the superintendent, may at the time of employment or at any time within such two-year period, declare any of the latter teachers eligible.”

{¶ 14} In Kelley, the Ohio Supreme Court held that “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.” Kelley, 52 Ohio St.3d at 97, 556 N.E.2d 173.

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Related

State ex rel. Kelley v. Board of Education
556 N.E.2d 173 (Ohio Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
161 Ohio App. 3d 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-midlam-v-greenville-city-school-district-board-of-education-ohioctapp-2005.