COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74146
DIANE T. SPANN                   :
                                 :       ACCELERATED DOCKET
          Plaintiff-Appellant    :
                                 :         JOURNAL ENTRY
     vs.                         :
                                 :              AND
BRECKSVILLE/BROADVIEW HEIGHTS    :
 BOARD OF EDUCATION              :            OPINION
                                 :
          Defendant-Appellee     :           PER CURIAM
                                 :
DATE OF ANNOUNCEMENT
OF DECISION:                            OCTOBER 22, 1998
CHARACTER OF PROCEEDING:         Civil appeal from
                                 Common Pleas Court
                                 Case No. CV-336333
JUDGMENT:                        Affirmed.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiff-Appellant:         KATHLEEN K.MCKINLEY, ESQ.
                                 4150 Belden Village Street
                                 Belden-Whipple Bldg., #604
                                 P. O. Box 35186
                                 Canton, Ohio 44735
For Defendant-Appellee:          THOMAS E. GIFFELS, ESQ.
                                 Flanagan, Blackie & Giffels Co.
                                 20220 Center Ridge Rd., Ste. 330
                                 Cleveland, Ohio 44116
                              - i -
For Defendant-Appellee:          SCOTT J. DEAN, ESQ.
                                 Flanagan, Blackie & Giffels Co.
                                 55 Public Square, Ste. 1100
                                 Cleveland, Ohio 44113
For Ohio Bureau of Employment    CHARLETTE BUNDY, ESQ.
                                 State Office Bldg., 12th Floor
                                 615 W. Superior Avenue
                                 Cleveland, Ohio 44113
                               -2-
PER CURIAM:
     This accelerated appeal involves a determination by the Ohio
Bureau of  Employment Services ( OBES  ) that appellant Diane  T.
Spann repay $1,960.00, which  it claims she wrongfully  received.
OBES determined that under R.C. 4141.29(I)(1)(b) Spann, a teacher,
had a  reasonable  assurance of  employment and  was barred  from
receiving  benefits.  Spann, after exhausting her  administrative
appeals, appealed to the  trial court and the trial court  upheld
OBES's determination.  Spann assigns the following error for  our
review:
          THE TRIAL COURT'S DECISION DENYING  APPELLANT
          SPANN'S UNEMPLOYMENT  BENEFITS  IS  UNLAWFUL,
          UNREASONABLE, AND AGAINST THE MANIFEST WEIGHT
          OF THE EVIDENCE.
     Pursuant to App.R. 11.1,  our decision will be brief and  in
conclusory form.   Consequently, this opinion will not contain  a
 comprehensive exposition of our reasons  for affirming the trial
court's decision.   See Crawford v. Eastland Shopping Mall  Assn.
(1983), 11 Ohio App.3d 158.
     Spann is presently a teacher with the  Brecksville-Broadview
Heights Board of Education ( BBH ).  During the benefit period she
was substituting for BBH.  On April 29, 1996, BBH notified her that
her substitute position would not be available.  However, she was
told that  her work was  exemplary and she  would be given  first
consideration for all available positions.  Spann verified in her
testimony  to  OBES  that  she  learned  of  available  positions
immediately following  the end  of the  school year.   She  began
                               -3-
interviewing four days after her last day of work and she received
one of the positions for which she interviewed.
     The OBES  determined  that Spann  was  not entitled  to  the
benefits she received because, at the end of the 1995-1996 school
year she had a reasonable assurance of employment for the following
year, which in fact she received.  R.C. S4141.29(I)(1)(b)  denies
unemployment benefits for the period during the summer months for
the employees of educational institutions when such employees are
given reasonable  assurance  in the  current academic  year  that
employment is  available for the  following academic  year.   See
University of Toledo v. Heiny (1987), 30 Ohio St.3d 143.
     Here, BBH gave Spann  a reasonable assurance of  employment.
Accordingly, the trial court's decision is affirmed.
     Judgment affirmed.
                               -4-
     It is ordered  that appellee recover of appellant its  costs
herein taxed.
     The Court finds there were reasonable grounds for this appeal.
     It is ordered that a special mandate issue out of this Court
directing  the Common  Pleas Court  to carry  this judgment  into
execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                              PATRICIA ANN BLACKMON,
                              ADMINISTRATIVE JUDGE
                              KENNETH A. ROCCO, JUDGE
                              MICHAEL J. CORRIGAN, JUDGE
     N.B.  This entry is an announcement of the court's decision.
See App.R. 22(B),  22(D) and 26(A); Loc.App.R. 27. This  decision
will be jounalized and will become the judgment and order of  the
court pursuant to App.R. 22(E) unless a motion for reconsideration
with supporting brief, per App.R. 26(A), is filed within ten (10)
days of the announcement of the court's decision.  The time period
for review by the Supreme Court of Ohio shall begin to run upon the
.