COACHING CONTRACTS SPORTS LAW Q & A - Ohio School …

2016 OSBA SPORTS LAW WORKSHOP

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COACHING CONTRACTS Q & A

START YOUR DAY WITH ANSWERS TO FREQUENTLY ASKED COACHING CONTRACT QUESTIONS

June 24, 2016

Presented by:

PAUL J. DEEGAN, ESQ.

pdeegan@

TODAY'S MAIN TOPICS INCLUDE:

? Supplemental Contracts ? Pupil-Activity Permits ? Background Checks ? Overtime

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2016 OSBA SPORTS LAW WORKSHOP

SUPPLEMENTAL CONTRACTS

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WHAT IS A SUPPLEMENTAL CONTRACT?

? Supplemental contracts are for teachers who perform extra duties, such as coaching, in addition to their regular teaching duties.

? You cannot give someone a supplemental contract if they do not already have an initial contract.

? Supplemental contracts should be in writing, but they are not void if you fail to memorialize it.

? All supplemental contracts must be limited contracts. ? There is no such thing as a continuing supplemental contract.

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SUPPLEMENTAL CONTRACTS

Ohio Statute R.C. 3319.08(A)

? Licensed individuals employed by a board of education may enter into a supplemental written contract with each teacher who is to perform additional duties.

? Supplemental contracts must be limited contracts. ? Supplemental contracts must set forth the teacher's duties and

shall specify the compensation to be paid for regular teaching duties and additional teaching duties. ? A supplemental coaching contract typically lasts one year, but may be up to five.

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SUPPLEMENTAL CONTRACTS

"Second-class" status of contract ? A supplemental contract employee who is not reemployed upon the expiration of the contract is not entitled to a written statement of circumstances and hearing. ? A board decision not to reemploy is not conditioned on evaluation of the employee. ? A board decision not to reemploy does not require service of written notice of nonrenewal on or before June 1 of the year in which the supplemental contract expires. ? A board is not obligated to give timely written notice of its choice to non-renew a supplemental contract.

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SUPPLEMENTAL CONTRACTS

BE CAREFUL Make sure none of the previously-mentioned requirements have been included in the terms of a collective bargaining agreement with teachers, which would supersede the statute.

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SUPPLEMENTAL CONTRACTS

? Supplemental contracts should include an automatic termination date to avoid any need for board action.

? An unclear expiration date could result in unwanted scenarios due to conflicting case law.

? Renewal of a supplemental contract requires a board vote of three-fourths where the superintendent has not recommended the employee for renewal.

? Where a superintendent has recommended renewal, the contract is renewed if the issue receives three or more affirmative votes by the board.

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