Ohio Revised Code

Ohio Rev. Code § 3319.10 (2026)

Employment and status of substitute teachers

✓ current as of May 2026

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Effective:

October 1, 2012

Latest Legislation:

House Bill 525 - 129th General Assembly

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Teachers may be employed as substitute teachers for terms not to exceed one year for assignment as services are needed to take the place of regular teachers absent on account of illness or on leaves of absence or to fill temporarily positions created by emergencies; such assignment to be subject to termination when such services no longer are needed.

A teacher employed as a substitute with an assignment to one specific teaching position shall after sixty days of service be granted sick leave, visiting days, and other local privileges granted to regular teachers including a salary not less than the minimum salary on the current adopted salary schedule.

A teacher employed as a substitute for one hundred twenty days or more during a school year and re-employed for or assigned to a specific teaching position for the succeeding year shall receive a contract as a regular teacher if the substitute meets the local educational requirements for the employment of regular teachers.

Teachers employed as substitutes on a casual or day-to-day basis shall not be entitled to the notice of nonre-employment prescribed in section 3311.81 or 3319.11 of the Revised Code, but boards of education may grant such teachers sick leave and other local privileges and cumulate such service in determining seniority.

For purposes of determining in any school year the days of service of a substitute teacher under this section, any teacher's days of service in that school year while conditionally employed as a substitute teacher under section 3319.101 of the Revised Code shall count as days of service as a substitute teacher under this section.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1978–2023 · leading case: State ex rel. Antonucci v. Youngstown City Sch. Dist. Bd. of Educ., 87 Ohio St. 3d 564 (Ohio 2000).

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State ex rel. Antonucci v. Youngstown City Sch. Dist. Bd. of Educ., 87 Ohio St. 3d 564 (Ohio 2000). · cites it 8× “At issue is whether R.C. 3319.10 confers a legal right for certain substitute teachers to be paid a salary commensurate with that afforded regular teachers pursuant to an adopted teachers’ salary schedule based on their level of education and years of experience.”

State ex rel. Antonucci v. Youngstown City Sch. Dist. Bd. of Edn., 87 Ohio St. 3d 564 (Ohio 2000). · cites it 11× “99-1173—Submitted December 15, 1999—Decided January 26, 2000.”

Crawford v. Bd. of Educ., 453 N.E.2d 627 (Ohio 1983). · cites it 10× “The employment of substitute teachers is controlled by R.C. 3319.10, which reads as follows: “Teachers may be employed as substitute teachers for terms not to exceed one year for assignment as services are needed to take the place of regular teachers absent on account of illness…”

State ex rel. Dennis v. Bd. of Educ. of Hillsdale Local Sch. Dist., 503 N.E.2d 748 (Ohio 1986). · cites it 12× “11 and our holding in Crawford, supra, R.C. 3319.10 effectively removes substitute teachers from the class of individuals entitled to notice of nonrenewal of employment under R.”

Bd. of State Teachers Ret. Sys. of Ohio v. Cuyahoga Falls City Sch. Dist. Bd. of Educ., 498 N.E.2d 167 (Ohio Ct. App. 9th Dist. 1985). · cites it 5× “The school district here, however, has argued that its substitute teachers and home instructors are employed *47 under a different scheme of employment: a contract for casual employees as authorized by R.C. 3319.10. The school district contends that since the substitute teachers…”

Hunt v. Westlake City Sch. Dist., 653 N.E.2d 732 (Ohio Ct. App. 8th Dist. 1995). · cites it 2× “10 that: “ ‘Teachers may be employed as substitute teachers for terms not to exceed one year for assignment as services are needed to take the place of regular teachers * * *; such assignment to be subject to termination when such services are no longer needed.”

Kehoe v. Brunswick City Sch. Dist. Bd. of Educ., 493 N.E.2d 261 (Ohio Ct. App. 1983). “10 provides: “Teachers may be employed as substitute teachers for terms not to exceed one year for assignment as services are needed to take the place of regular teachers absent on account of illness or on leaves of absence or to fill temporarily positions created by…”

State ex rel. Dennis v. Bd. of Educ., 529 N.E.2d 1248 (Ohio 1988). · cites it 6× “11 requires that notice of non-renewal be given where a teacher is a long-term substitute. Failure to provide such notice will result in the automatic re-employment of the teacher involved.”

Adams v. Parallel Emp. Grp., Inc., 2020-Ohio-6766. · cites it 17× “Raising one assignment of error, Relators argue that the trial court erred by dismissing their petition because Parallel had a clear statutory obligation to them under R.C. 3319.10, which it failed to fulfill, and because they consequently have a clear right to relief against…”

Tomety v. Columbus City Schs., 2018-Ohio-937, 108 N.E.3d 638. · cites it 3× “With respect to substitute teachers, R.C. 3319.10 provides that "[t]eachers may be employed as substitute teachers for terms not to exceed one year for assignment as services are needed to take the place of regular teachers absent on account of illness or on leaves of absence or…”

State Ex Rel. Filipiak v. Midview Local Sch. Dist. Bd. of Educ., 641 N.E.2d 1380 (Ohio Ct. App. 9th Dist. 1993). “09(B), which defines a year in terms of one hundred twenty days of service, and R.C. 3319.10, which discusses the employment status of a substitute teacher, support their position.”

Ingram v. Regano, No. 1:19-cv-02926, 2021 WL 1214746 (N.D. Ohio Mar. 31, 2021). · cites it 2× “2009) Under Ohio law, O.R.C. § 3319.10, substitute teachers have no property interest in their continued employment: Teachers may be employed as substitute teachers for terms not to exceed one year for assignment as services are needed to take the place of regular teachers…”

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