Roberts v. Pleasant Local School Dist. Bd. of Edn.
2011 Ohio 4560
Ohio Ct. App.2011Background
- Roberts was a special education teacher employed by Pleasant Local School District Board of Education under limited contracts from 1998-1999 through 2009-2010.
- In April 2010, the Board notified Roberts it did not intend to renew his contract and Roberts requested a written statement of the circumstances; the Board provided a written explanation.
- Roberts timely requested a non-renewal hearing in May 2010; the hearing occurred July 19, 2010 and the Board affirmed non-renewal on July 20, 2010.
- On August 17, 2010, Roberts filed a complaint in the Marion County Court of Common Pleas appealing the Board’s order under R.C. 3319.11(G)(7).
- Pleasant moved to dismiss for lack of subject matter jurisdiction on October 7, 2010; the trial court dismissed on January 13, 2011 for lack of subject matter jurisdiction under Civ.R. 12(H)(3).
- Roberts appeals, arguing the trial court erred in dismissing his properly perfected appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 3319.11(G)(7) alone vest jurisdiction in the common pleas court? | Roberts argues 3319.11(G)(7) vests jurisdiction once perfected. | Pleasant contends jurisdiction also requires proper perfection under 2505.04/2505.07. | No; jurisdiction requires proper perfection under Chapter 2505. |
| Are Revised Code Chapters 2505 and 2506 applicable to perfection of an appeal under 3319.11(G)(7)? | Chapters 2505/2506 govern after the appeal is filed and perfected; 2505.04 is not applicable to perfection under 3319.11(G)(7). | Chapters 2505/2506 govern appellate procedure and perfection for 3319.11(G)(7) appeals. | Chapters 2505/2506 apply; 2505.04 governs perfection and is jurisdictional. |
| Is 3319.11(G)(7) subject to liberal construction in favor of teachers under the Ohio Teachers’ Tenure Act? | Requiring 2505.04 perfection undermines teacher job protection. | Perfection procedures are not impediments to filing and must be followed. | No; liberal construction does not excuse failure to comply with jurisdictional perfection requirements. |
Key Cases Cited
- Kiel v. Green Local Sch. Dist. Bd. of Edn., 69 Ohio St.3d 149 (1994) (3319.11(G)(7) silent on procedure; Chapter 2506 governs after perfection)
- Hansford v. Steinbacher, 33 Ohio St.3d 72 (1987) (right to appeal conferred by statute; perfection mode dictated by statute)