ORANGE COUNTY SCHOOL BOARD, APPELLANT,
v.
LEONA RACHMAN AND JONATHAN SCHUMAN, APPELLEES
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The appellate court affirmed a lower court's decision regarding the rehire eligibility of retired teachers. The court held that a statute allowing annual rehires for retired teachers does not permanently bar them from eventually obtaining a longer professional service contract.
No, the statute allowing for annual rehires of retired teachers does not permanently bar them from ultimately securing a professional service contract if they otherwise meet the requirements.
“That statute allows a school district to rehire a retired teacher in the year immediately following his or her retirement on an annual contract.”
Describes the statute at issue and its initial application.
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Join FLexlaw to unlock all legal intelligenceTwo retired teachers, Rachman and Schuman, were rehired by the Orange County School Board on annual contracts. They sought to be considered for profes…
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The Orange County School Board (the “Board”) timely appeals a final judgment on the pleadings in favor of teachers Leona Rachman and Jonathan Schuman, plaintiffs below, arguing that the trial court erred in its interpretation and application of section 121.091(9)(b)l.a., Florida Statutes (2010). That statute allows a school district to rehire a retired teacher in the year immediately following his or her retirement on an annual contract. *49The Board argues that this statute bars it from ever affording Appellees a longer professional service contract pursuant to section 1012.33(3)(a), Florida Statutes (2010).1 Appellees argue that section 121.091(9)(b)l.a., only applies at the time of their initial rehire (following retirement), such that they can ultimately be awarded a professional services contract if they meet the requirements of section 121.091 (9)(b)l .a. We agree with the trial court’s well-reasoned analysis and conclude that section 121.091(9)(b)l.a. does not preclude Appellees from ultimately securing a professional service contract.
AFFIRMED.
MONACO, LAWSON and EVANDER, JJ., concur.