UPDATE | Youngstown school board and teachers' union square off in court

YOUNGSTOWN

Attorneys for the city school board and teachers' union began arguing this morning in court regarding the union's attempt to see an active classroom teacher appointed to the new academic distress commission.

Brenda Kimble, school board president, appointed Carol Staten, a retired principal who still works in the district as a substitute administrator, to the commission.  The panel will appoint a chief executive officer to manage and operate the city schools.

Three members are appointed by the state superintendent of public instruction, one by the mayor and one, a teacher, by the school board president.  The hearing is before Magistrate Dan Dascenzo.

The definition of "teacher" is the main issue in the case of the teachers' union attempting to prevent appointment of Staten to the academic distress commission.

Attorneys for the union define teacher as a member of the Youngstown Education Association.

Attorney Ted Roberts, who represents Brenda Kimble, board president,  argues it's a broader definition that includes those with education licenses including principals, supervisors and administrators.

Michael Fisher, an assistant attorney general,  told the court that the union filed the wrong action.

The AG's office filed a motion late last week to have the case dismissed. Fisher said that a challenge to the actions of a public official should be in a "quo warranto." A quo warranto is filed in either an appeals court or the Ohio Supreme Court.