The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1950-06-29
Court Hands Down
Ruling
Concluded from page u

Prosecutor J. Thomas Guernsey.
JOURNAL ENTRY
Journal entry in the case as or
dered by Judge Tudor said:
"The court finds that by agree
ment of the parties, as of May rs,
1948, petitioner had continuing
contract status for the teaching of
Art, which subject was discontinued
and her status with reference there
to suspended;
"That she had elementary teach
ing qualifications, in which vacancies
existed.
Accordingly ordered that such
suspension be and hereby is revoked
and that she. be and hereby is re-
stored to her continuing contract
status, effective as of aforesaid date,
subject to such assignment in the
| elementary school as the Superin-
tendent thereof, in the exercise of
his sound discretion, finds and de-
termines she is best fitted and quail
fled to fulfill; performance by her
Hereunder being held in abeyance
during her legal leave of absence
resulting from her disability retire
ment by the State Teachers Retire
ment Board, effective as of August
|, 1948; and that she is not en-
titled to any compensation from the
defendants, the Bluffton Board of
Education, ON and after August 81,
1948.
"Court costs to be assessed equal
ly between theplaintiff and defend
ants. Deposition herein filed be
withdrawn"
COMMENTS FOLLOWING RULING
Following the hearing Attorney
Fischer issued the following state
ment:
1--WE got everything we expected
We knew we were not entitled tc
pay for any period during which
Mrs. Lantz was on pension. We
are pleased with the judgment OF
the court"
Supt. of Schools Murray also is
sued the following statement:
"The continuing contract status OF
Mrs. Lantz has never been rescinded
The board, however, notified Mrs
Lantz recently that it would not
consider her as a teacher if art
were restored, while she was on dis
ability retirement. This notice was
not mandatory.
"The part time position of art was
eliminated at the close of the 1947-
1948 school year because of economy
reasons. She was refused an as
signment as full time elementary
teacher by Superintendent Lanhan
and the board at that time. Later
notice was given for the 1949-195C
school year.
"In June of 1948, Mrs. Lantz ap,
piled to the State Teachers Retire.
ment System for disability retire.
ment. She was placed on disability
retirement as of August l, 1948 ano
has received $56.42 per month con
tinuously since that time. The boarc
claimes no record of this retirement
prior to September 1949 when this
fact was disclosed.
Disability retirement is granted
to teachers having at least ten years
years experience who, on application
arr rprUper medical certifcation,
with school record of service, are
presumed to be unable permanently
to continue teaching.
However, to protect teachers on
disability retirement, presumed to
be permanent, the law of Ohio
grants these teachers a five year
leave of absence. If within five
year period, the teacher upon furth-
er examination, ordered by the re-
tirement system is found able to
teach again, the board is compelled
to restore the teacher to her posi-
| ton.
"If after medical examination, by
two or more doctors paid by the re-
tirement system, the teacher is
found unable to assume teaching
duties, she is continued on retire
ment pension. The leave of absence
expires after five years.
"The contract status of Mrs. Lant7
was denied by the court and her
claim for payment denied. The
case is closed"