UPDATE | Appeals court hears case on Academic Distress Commission

YOUNGSTOWN

Attorneys for the city school board president, the teachers' union and the Ohio Attorney General's are presenting their arguments this morning before the 7th District Court of Appeals.

The case involves board President Brenda Kimble's appointment of Carol Staten, a principal, to the academic distress commission.

The five-member commission, part of the state Youngstown Plan legislation, is to appoint a chief executive officer to operate the school district.

The law says the school board president's appointment is to be a teacher.

The Youngstown Education Association, the teachers' union, filed a lawsuit over Kimble's appointment of Staten, arguing it should be a current classroom teacher.

Kimble, through Atty. Ted Roberts, has contended that fits the definition of a teacher.

A magistrate and a common pleas court judge agreed with the union and Kimble appealed.

Judges Mary DeGenaro, Carol Ann Robb and Cheryl Waite are hearing the case.

Roberts told the judges the teachers' union lacks standing to bring the case.

He contends the lower court's decision uses a definition of teacher as a classroom teacher and that's not in the law.

Staten is licensed as a teacher and still considers herself a teacher. As a substitute principal, Staten fills in when teachers are absent and mentors and tutors students, Roberts said.

Atty. Charles Oldfield, who represents the teachers' union, told the judges that the lower court properly used the common, ordinary definition of teacher in its ruling.

Judge Waite said the judges expect to rule soon. She noted that the case is an expedited appeal.