State ex rel. Nese v. State Teachers Ret. Bd. of Ohio

Relators in this case were instructors who were hired to instruct students in the Jefferson County's virtual learning academy (VLA), a cyber school for grades K-12. In 2008, the State Teachers Retirement Board of Ohio (STRS) determined that the VLA instructors were independent contractors instead of employees and refunded all contributions made by Jefferson County Educational Service Center Governing Board (Jefferson County ESC) on the VLA instructors' behalf. Relators sought writs of mandamus to compel the STRS to accept employer and employee contributions to its retirement fund and to compel the Jefferson County ESC to make employer contributions to the retirement system on their behalf. The court of appeals denied relief. The Supreme Court affirmed, holding that Relators failed to establish that the STRS abused its discretion in determining that they were not "teachers" within the meaning of Ohio Rev. Code 3307.01(B)(5) because the instructors were independent contractors, and not employees, of the Jefferson County ESC. View "State ex rel. Nese v. State Teachers Ret. Bd. of Ohio" on Justia Law