The judgment of the court of appeals is affirmed on authority of Kiel v. Green Local School Dist. Bd. of Edn. (1994), 69 Ohio St.3d 149, 630 N.E.2d 716, paragraph one of the syllabus, and also for the reasons stated in the opinion of the court of appeals.

This cause is remanded to the trial court to apply the law as set forth in Kiel.

concurring in part and dissenting in part. I concur in the result obtained in this cause. I continue to disagree with the reasoning stated in Kiel v. Green Local School Dist. Bd. of Edn. (1994), 69 Ohio St.3d 149, 630 N.E.2d 716, for the reasons stated in my dissent therein.