Lehighton Area School District’s board of directors voted 8-1 on Monday night to accept a settlement agreement with its former superintendent, Jonathan Cleaver, effectively bringing an end to a nearly two-year legal dispute.

Cleaver had filed a breach of contract lawsuit against the district following his December 2021 termination.

Under the terms of the settlement, Cleaver will be paid $30,000, which will be covered by the district’s insurer, CM Regent Insurance Company.

The settlement agreement stipulates that the district will not utilize its own funds to fulfill the payment to Cleaver. Cleaver will be accountable for covering his attorney fees and associated costs.

In a notable clause, the document approved Monday states, “the settlement and execution of the agreement do not constitute an admission of liability on behalf of the defendants.”

Cleaver’s lawsuit targeted the school district as well as individual board members who voted for his removal, including Joy Beers, Barbara Bowes, Walter Zlomsowitch, Jeremy Glaush, Richard Beltz, April Walker, and Kerry Sittler.

Rita Spinelli, a former director who resigned from the board shortly before Cleaver’s dismissal, expressed relief that the settlement had been reached.

“I commend Mr. Cleaver for signing the agreement,” Spinelli said. “He never did want to break this district or affect the taxpayers. I’m happy both sides can go forward.”

Brian Shaner was the lone Lehighton director to reject the settlement. Before the vote, he questioned whether the district’s insurance rate could go up as a result of the claim.

“It is fair to say it could, yes,” Ed Rarick, the district’s business administrator said.

Director Barbara Bowes asked if it was fair to say the insurance rate could jump even higher if the lawsuit was not settled and litigation continued.

“Yes,” answered Superintendent Dr. Christina Fish.

Cleaver’s contract was terminated in December 2021, with the board at the time arguing that he had received contract “extensions” rather than “renewals,” rendering the agreement invalid. Cleaver had initially been hired under a three-year contract with Lehighton in June 2012, scheduled to run until June 30, 2015.

Attorney Jeff Sultanik, representing district law firm Fox Rothschild, explained that the Pennsylvania Department of Education policy and school code allows for “contract extensions” but mandates a “contract renewal” after a maximum of five years have passed. This renewal would again need to be three to five years in duration.

A memorandum of understanding dated Dec. 24, 2014, was prepared by Lehighton to extend Cleaver’s contract through the 2017-18 school year. However, in 2021, the district’s current legal firm, Fox Rothschild, determined that this extension violated the school code because the state does not permit “extending” an original contract term past five years.

Cleaver’s lawyer, Catherine Rowe, argued that the board’s claim that Cleaver received “extensions” rather than “renewals” was invalid. Rowe contended that a superintendent’s removal can only take place following a hearing and a majority vote based on specific causes, such as neglect of duty, incompetency, intemperance, or immorality, and that none of these requirements were met in Cleaver’s case.

Before his termination, Cleaver was set to make $147,900 in the 2021-22 school year.