Ohio Rev. Code » Chapter 3319
Ohio Revised Code

Ohio Rev. Code § 3319.08 (2026)

Contracts for employment or reemployment of teachers

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Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
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(A) The board of education of each city, exempted village, local, and joint vocational school district and the governing board of each educational service center shall enter into written contracts for the employment and reemployment of all teachers. Contracts for the employment of teachers shall be of two types, limited contracts and continuing contracts. The board of each school district or service center that authorizes compensation in addition to the salary paid under section 3317.14 or 3317.141 of the Revised Code for the performance of duties by a teacher that are in addition to the teacher's regular teaching duties, shall enter into a supplemental written contract with each teacher who is to perform additional duties. Such supplemental written contracts shall be limited contracts. Such written contracts and supplemental written contracts shall set forth the teacher's duties and shall specify the salaries and compensation to be paid for regular teaching duties and additional teaching duties, respectively, either or both of which may be increased but not diminished during the term for which the contract is made, except as provided in section 3319.12 of the Revised Code.

If a board adopts a motion or resolution to employ a teacher under a limited or continuing contract and the teacher accepts such employment, the failure of such parties to execute a written contract shall not void such employment contract.

(B) Teachers must be paid for all time lost when the schools in which they are employed are closed due to an epidemic or other public calamity, and for time lost due to illness or otherwise for not less than five days annually as authorized by regulations which each board shall adopt.

(C) A limited contract is:

(1) For a superintendent, a contract for such term as authorized by section 3319.01 of the Revised Code;

(2) For an assistant superintendent, principal, assistant principal, or other administrator, a contract for such term as authorized by section 3319.02 of the Revised Code;

(3) For all other teachers, a contract for a term not to exceed five years.

(D) A continuing contract is a contract that remains in effect until the teacher resigns, elects to retire, or is retired pursuant to former section 3307.37 of the Revised Code, or until it is terminated or suspended and shall be granted only to the following:

(1) Any teacher holding a professional, permanent, or life teacher's certificate;

(2) Any teacher who meets the following conditions:

(a) The teacher was initially issued a teacher's certificate or educator license prior to January 1, 2011.

(b) The teacher holds a professional educator license issued under section 3319.22 or 3319.222 or former section 3319.22 of the Revised Code or a senior professional educator license or lead professional educator license issued under section 3319.22 of the Revised Code.

(c) The teacher has completed the applicable one of the following:

(i) If the teacher did not hold a master's degree at the time of initially receiving a teacher's certificate under former law or an educator license, thirty semester hours of coursework in the area of licensure or in an area related to the teaching field since the initial issuance of such certificate or license, as specified in rules which the state board of education shall adopt;

(ii) If the teacher held a master's degree at the time of initially receiving a teacher's certificate under former law or an educator license, six semester hours of graduate coursework in the area of licensure or in an area related to the teaching field since the initial issuance of such certificate or license, as specified in rules which the state board shall adopt.

(3) Any teacher who meets the following conditions:

(a) The teacher never held a teacher's certificate and was initially issued an educator license on or after January 1, 2011.

(b) The teacher holds a professional educator license, senior professional educator license, or lead professional educator license issued under section 3319.22 of the Revised Code.

(c) The teacher has held an educator license for at least seven years.

(d) The teacher has completed the applicable one of the following:

(i) If the teacher did not hold a master's degree at the time of initially receiving an educator license, thirty semester hours of coursework in the area of licensure or in an area related to the teaching field since the initial issuance of that license, as specified in rules which the state board shall adopt;

(ii) If the teacher held a master's degree at the time of initially receiving an educator license, six semester hours of graduate coursework in the area of licensure or in an area related to the teaching field since the initial issuance of that license, as specified in rules which the state board shall adopt.

(E) Division (D) of this section applies only to continuing contracts entered into on or after October 16, 2009. Nothing in that division shall be construed to void or otherwise affect a continuing contract entered into prior to that date.

Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of division (D)(3) of this section prevail over any conflicting provisions of a collective bargaining agreement entered into on or after October 16, 2009.

(F) Wherever the term "educator license" is used in this section without reference to a specific type of educator license, the term does not include an educator license for substitute teaching issued under section 3319.226 of the Revised Code.
Notes of Decisions
Cited in 54 cases (1 in the last 5 years), 1958–2025 · leading case: East Canton Educ. Ass'n v. McIntosh, 85 Ohio St. 3d 465 (1999).
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East Canton Educ. Ass'n v. McIntosh, 85 Ohio St. 3d 465 (1999). · cites it 19× “Therefore, according to ECEA, in order to establish that he is entitled to continuing service status as a teacher with Osnaburg, McIntosh was required to comply with R.C. 3319.08, which he failed to do. R.C.”
Wolf v. Cuyahoga Falls City Sch. Dist. Bd. of Educ., 556 N.E.2d 511 (Ohio 1990). · cites it 4× “This extra time is in addition to time spent in the classroom and time spent outside the classroom preparing lesson plans.”
Youngstown Edn. Assn. v. Kimble, 2016-Ohio-1481, 63 N.E.3d 649. · cites it 2× “09 has no application beyond the context of that specific statute because the definition is expressly limited to apply only to R.C. 3319.08 through 3319.18. The very subject matter of R.”
Crawford v. Bd. of Educ., 453 N.E.2d 627 (Ohio 1983). · cites it 5× “* * *” R.C. 3319.08. The appellant and the Akron Board of Education did not execute a written contract.”
Wolfe v. Wolfe, 725 N.E.2d 261 (Ohio 2000). “, R.C. 3319.08 (concerning continuing contracts for teachers).”
State ex rel. Savarese v. Buckeye Local Sch. Dist. Bd. of Educ., 74 Ohio St. 3d 543 (1996). “R.C. 3319.08. Savarese does not dispute that the board properly terminated all supplemental contracts, effective at the conclusion of the 1993-1994 school year.”
Harris v. Bd. of Educ. of Columbus, 798 F. Supp. 1331 (S.D. Ohio 1992). · cites it 2× “Defendants contend that plaintiffs have failed to show that defendants breached their contracts with plaintiffs.”
State ex rel. Chavis v. Sycamore City Sch. Dist. Bd. of Educ., 641 N.E.2d 188 (Ohio 1994). “18, inclusive, of the Revised Code: *30 “(A) ‘Teacher’ means all persons certified to teach and who are employed in the public schools of this state as instructors, principals, supervisors, superintendents, or in any other educational position for which the state board of…”
State ex rel. Smith v. Etheridge, 65 Ohio St. 3d 501 (1992). · cites it 7× “In denying Smith's requested writ, the appellate court held that "R.C. 3319.08 created a contract by operation of law between relator and the Board for relator's services as principal of Monroe Middle School" and that there was no other contract of employment between Smith and…”
Meyer v. Chagrin Falls Exempted Vill. Sch. Dist. Bd. of Educ., 460 N.E.2d 269 (Ohio Ct. App. 8th Dist. 1983). · cites it 4× “Its resolution depends on the proper interpretation of R.C. 3319.08 and 3307.37, which govern involuntary retirement of a certificated school faculty “member” with a “continuing contract” by a public educational institution “employer.”
State ex rel. Dennis v. Bd. of Educ. of Hillsdale Local Sch. Dist., 503 N.E.2d 748 (Ohio 1986). · cites it 4× “See R.C. 3319.08. Armed with a limited contract in April 1986, appellant would have been entitled to the protections of R.”
Struthers City Schs. Bd. of Educ. v. Struthers Educ. Ass'n, 453 N.E.2d 613 (Ohio 1983). · cites it 2× “Under the Ohio statutory scheme for the employment of teachers, as set forth in R.C. 3319.08, there are two types of contracts which a teacher may hold — limited and continuing.”
Show all 54 citing cases →
Ohio Rev. Code § 3319.08(A): 5 cases
Cox v. Dayton Pub. Schs. Bd. of Edn., 2018-Ohio-2656.
In re M.H., 928 N.E.2d 1174 (Ohio Ct. App. 6th Dist. 2010).
May v. PSI Affiliates, Inc., 2012-Ohio-3554.
Adams v. Parallel Emp. Grp., Inc., 2020-Ohio-6766.
Cline v. Fairland Local Sch. Dist., 2013-Ohio-886.
Ohio Rev. Code § 3319.08(A)(3): 1 case
May v. PSI Affiliates, Inc., 2012-Ohio-3554.
Ohio Rev. Code § 3319.08(B): 1 case
May v. PSI Affiliates, Inc., 2012-Ohio-3554.
Ohio Rev. Code § 3319.08(C): 3 cases
Steed v. Rock Hill Sch. Dist., 2 Ohio App. Unrep. 178 (Ohio Ct. App. 4th Dist. 1990).
Cline v. Fairland Local Sch. Dist., 2013-Ohio-886.
State ex rel. Fraysier v. Bexley City Sch. Dist. Bd. of Educ., 583 N.E.2d 1000 (Ohio Ct. App. 10th Dist. 1989).
Ohio Rev. Code § 3319.08(C)(3): 2 cases
Cline v. Fairland Local Sch. Dist., 2013-Ohio-886.
May v. PSI Affiliates, Inc., 2012-Ohio-3554.
Ohio Rev. Code § 3319.08(D): 2 cases
State ex rel. Rodriguez v. Lorain Cnty. Jt. Vocational Sch., 2025-Ohio-127, 260 N.E.3d 1230.
Cline v. Fairland Local Sch. Dist., 2013-Ohio-886.
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