Geib v. Triway Local School District Board of Education

I agree with the majority, except I would further clarify the board’s liability for backpay.

In Gerner v. Salem City School Dist Bd. of Edn. (1994), 69 Ohio St.3d 170, 630 N.E.2d 732, this court held:

‘When a board of education violates R.C. 3319.11(G)(2) by failing to adequately describe the circumstances that led to its decision not to reemploy a teacher, a court in an appeal under R.C. 3319.11(G)(7) may award the teacher back pay until the board provides an adequate statement of the circumstances.” (Emphasis added.) Id. at syllabus.

At oral argument, the board’s counsel indicated that the…