Yes. The general rule is that boards must first offer the opportunity to direct, supervise, or coach a pupil activity program to qualified, licensed individuals in the district (RC 3313.53). Boards of education are permitted to employ non-licensed individuals who have pupil activity permits to direct, supervise, or coach a pupil activity program, but only if the board passes a resolution that outlines two things. First, the resolution must outline that the board has offered the position to a licensed individual in the district and that no one qualified has applied for or accepted the position. Second, the resolution must outline that the board has offered the position to other licensed individuals not employed by the district and that no one qualified has applied for or accepted the position. A board's decision as to who is "qualified" to run the program is generally subject to deference and will not be overturned absent an abuse of discretion. With that said, if a board of education decides to employ a non-certified person over a certified employee who is both qualified and who has expressed an interest in the position, the board should have reasonable justification for its determination.
Posted by OSBA Legal Ledger on 5/12/2010