Ohio Revised Code

Ohio Rev. Code § 3319.161 (2026)

Appointing referees for contract termination cases

✓ laws through the 2026 session (checked Sept. 2026)

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Effective:

October 3, 2023

Latest Legislation:

House Bill 33 - 135th General Assembly

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For the purpose of providing referees for the hearings required by section 3319.16 of the Revised Code, the department of education and workforce shall compile a list of resident electors from names that the department shall solicit annually from the state bar association.

Upon receipt of notice that a referee has been demanded by a teacher or by a board of education, the department shall immediately designate three persons from such list, from whom the referee to hear the matter shall be chosen, and the department shall immediately notify the designees, the teacher, and the board of the school district involved. If within five days of receipt of the notice, the teacher and board are unable to select a mutually agreeable designee to serve as referee, the department shall appoint one of the three designees to serve as referee. The appointment of the referee shall be entered in the minutes of the board. The referee appointed shall be paid the referee's usual and customary fee for attending the hearing which shall be paid from the school district general fund upon vouchers approved by the department and presented to the treasurer of the district. No referee shall be a member of, an employee of, or teacher employed by the board of education nor related to any such person by consanguinity or marriage.

Last updated September 1, 2023 at 3:55 PM

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1978–2024 · leading case: Bertolini v. Whitehall City Sch. Dist. Bd. of Educ., 744 N.E.2d 1245 (Ohio Ct. App. 10th Dist. 2000).

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Bertolini v. Whitehall City Sch. Dist. Bd. of Educ., 744 N.E.2d 1245 (Ohio Ct. App. 10th Dist. 2000). · cites it 2× “* * * The hearing shall be conducted by a referee appointed pursuant to section 3319.161 of the Revised Code, if demanded[.”

State ex rel. Webb v. Bd. of Educ. of Bryan City Sch. Dist., 460 N.E.2d 1121 (Ohio 1984). · cites it 2× “It is the duty of the Superintendent of Public Instruction, under R.C. 3319.161, to designate the list of eligible referee-designees, and to resolve a lack of concert by the parties as to a joint recommendation of one of the designees.”

Humphries v. Lorain City Sch. Dist. Bd. of Edn., 2017-Ohio-8429. · cites it 2× “If either the teacher or the board demands a referee to conduct the hearing, one shall be appointed pursuant to R.C. 3319.161. Id. {¶12} Within ten days from the conclusion of the hearing, R.”

Stepp v. Medina City Sch. Dist. Bd. of Edn., 2016-Ohio-5875, 71 N.E.3d 609. “16; R.C. 3319.161. A teacher or superintendent whose contract has been terminated pursuant to this process may appeal the decision through an original action before the court of common pleas.”

Routson-Gim-Belluardo v. Jefferson Twp. Local Sch. Dist. Bd. of Edn., 2016-Ohio-1265. · cites it 2× “The hearing shall be conducted by a referee appointed pursuant to section 3319.161 of the Revised Code * * * and shall be confined to the grounds given for the termination.”

Aldridge v. Huntington Local Sch. Dist. Bd. of Educ., 527 N.E.2d 291 (Ohio 1988). “In Kinser, supra, the court stated: “We hold that when a referee appointed by a board of education pursuant to R.C. 3319.161 hears all the evidence on the termination of the contract of a teacher pursuant to R.”

Freshwater v. Mount Vernon City Sch. Dist. Bd. of Educ., 2013-Ohio-5000, 1 N.E.3d 335. · cites it 4× “The hearing shall be conducted by a referee appointed pursuant to section 3319.161 of the Revised Code * * * and shall be confined to the grounds given for the termination.”

Humphries v. Lorain City Sch. Dist. Bd. of Edn., 2019-Ohio-2263. “If 5 either the teacher or the board demands a referee to conduct the hearing, one shall be appointed pursuant to R.C. 3319.161. Id. 1. Board’s consideration of the referee’s report {¶7} Within ten days from the conclusion of the hearing, R.”

Wheeler v. Mariemont Dist. Bd. of Educ., 467 N.E.2d 552 (Ohio Ct. App. 1st Dist. 1983). · cites it 10× “R.C. 3319.161 provides that the referee shall be taken from three persons designated by the Ohio Superintendent, either chosen by mutual agreement of the teacher and the board or appointed by the Ohio Superintendent if they are unable to *104 agree.”

Lanzo v. Campbell City Sch. Dist. Bd. of Edn., 2010-Ohio-4779. · cites it 2× “16 and R.C. 3319.161. The parties agreed on a referee, who submitted his findings of fact and recommendations to the Board after three days of hearings in April, 2008.”

Jones v. Bd. of Educ., 395 N.E.2d 1337 (Ohio Ct. App. 1st Dist. 1978). · cites it 2× “The hearing shall be conducted by a referee appointed pursuant to section 3319.161 of the Revised Code, if demanded; otherwise, it *140 shall be conducted by a majority of the members of the board and shall be confined to the grounds given for the termination.”

Cox v. Dayton Pub. Schs. Bd. of Edn., 2018-Ohio-2656. “16 and § 3319.161 of the Ohio Revised Code set forth the rights granted to you in such a hearing.”

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