A few months ago, we wrote a short article summarizing Ohio law as it applies to the termination of teachers. We noted in that article the concerted movement to impair the protections that exist to ensure that teachers are not subject to arbitrary and unfair terminations. In fact, the efforts to impeach the teaching profession has led to the recent extraordinary decision of a lower California court finding that teacher tenure and due process protections are somehow unconstitutional. While this decision is undoubtedly an aberration and will likely be reversed on appeal, it vividly illustrates the lengths to which the anti-teacher forces will go to in order to attack and vilify the profession.
Nevertheless, regardless of one’s views regarding teacher tenure and teacher due process, teachers need protection against arbitrary terminations. Nothing illustrates this best than a recent decision rendered by the Hancock County Court of Common Pleas in which our office represented an unfairly terminated teacher. A review of the decision aptly demonstrates why teachers need to be protected against overly zealous school boards that seek to stretch the procedural bounds designed to afford due process to Ohio teachers and attempt to railroad teachers out of their chosen careers over matters that should not have led to disciplinary action in the first place.
The Court properly interpreted and applied Ohio law and ordered the school board to reinstate the teacher and receive back pay. The decision represents a vindication of the rights of all teachers who have been unjustly terminated and a lesson that illustrates the importance of maintaining teacher protections.