Common use of RIGHTS UPON RECEIPT OF NOTICE OF NONRENEWAL Clause in Contracts

RIGHTS UPON RECEIPT OF NOTICE OF NONRENEWAL. 1. Any teacher receiving written notice of the intention of the Board not to reemploy him/her pursuant to Section B, C, D, or E above, may, within ten (10) days of the date on which he/she received the notice, file with the Board Treasurer, a written demand for a written statement describing the circumstances that led to the Board’s intention not to reemploy the teacher. 2. The Board Treasurer, on behalf of the Board, shall, within ten (10) days of the date on which he/she receives a written demand for a written statement pursuant to paragraph 1. above, provide to the teacher a written statement describing the circumstances that led to the Board’s intention not to reemploy the teacher. 3. Any teacher receiving a written statement describing the circumstances that led to the Board’s intention not to reemploy the teacher pursuant to Section G herein, may, within five (5) days of the date on which he/she received the statement, file with the Board Treasurer, a written demand for a hearing before the Board pursuant to paragraphs 4 through 6 below. 4. The Board Treasurer, on behalf of the Board, shall, within ten (10) days of the date on which he/she receives a written demand for a hearing pursuant to this Section G herein, provide to the teacher a written notice setting forth the time, date, and place of the hearing. The Board shall schedule and conclude the hearing within forty (40) days of the date on which the Board Treasurer receives a written demand for a hearing pursuant to Section G herein. 5. Any hearing conducted pursuant to this Section shall be conducted by a majority of the members of the Board. The hearing shall be held in executive session of the Board, unless the Board and the teacher agree to hold the hearing in public. The Superintendent, Assistant Superintendent, Building Principal, teacher, and any person designated by either party to take a record of the hearing may be present at the hearing. The Board may be represented by counsel and the teacher may be represented by counsel or a designee. A record of the hearing may be taken by either party at the expense of the party taking the record. 6. Within ten (10) days of the conclusion of a hearing conducted pursuant to this Section, the Board shall issue to the teacher a written decision containing an order affirming the intention of the Board not to reemploy the teacher reported in the notice given to the teacher pursuant to Section B, C, D, or E above, or an order vacating the intention not to reemploy and expunging any record of the intention, the notice of the intention, and the hearing conducted pursuant to this Section. 7. A teacher may appeal an order affirming the intention of the Board not to reemploy the teacher to the Court of Common Pleas of Summit County within thirty (30) days of the date on which the teacher receives the written decision, on the grounds that the Board has not complied with the provisions of Article 12, or Article 14. Notwithstanding O.R.C. 2506.04, the Court, in an appeal under this Section, is limited to the determination of procedural errors and to ordering the correction of procedural errors and shall have no jurisdiction to order the Board to reemploy a teacher, except that the court may order the Board to reemploy a teacher in compliance with the requirements of Section B, C, D, or E above, when the Court determines that evaluation procedures have not been complied with pursuant to Article 9, or the Board has not given the teacher written notice on or before June 1st of its intention not to reemploy the teacher pursuant to Section B, C, D, or E above. Otherwise, the determination whether to reemploy or not reemploy a teacher is solely the Board’s determination and not a proper subject of judicial review and, except as provided in this Section, no decision of the Board whether to reemploy or not reemploy a teacher shall be invalidated by the court on any basis, including that the decision was not warranted by the results of any evaluation or was not warranted by any statement given pursuant to this Section G, paragraph 2 above. No appeal of an order or the Board may be made except as specified in this Section.