As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 269 5
1997-1998 6
REPRESENTATIVES WISE-BATCHELDER 8
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A B I L L
To amend sections 102.02, 3313.02, 3313.04, 3313.11, 12
3313.70, 3315.15, 3316.06, and 3329.08 and to 13
enact sections 3311.71 to 3311.76 of the Revised 14
Code to authorize the mayor of a municipal 15
corporation to appoint a nine-member school board 16
in a municipal school district operating under a 17
federal court order and to permit the voters to 18
decide four or more years later whether or not to 19
continue that method of selecting school board 20
members or to return to an elected board, and to 21
make an appropriation. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 102.02, 3313.02, 3313.04, 26
3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 be amended and 27
sections 3311.71, 3311.72, 3311.73, 3311.74, 3311.75, and 3311.76 28
of the Revised Code be enacted to read as follows: 29
Sec. 102.02. (A) Except as otherwise provided in division 38
(H) of this section, every person who is elected to or is a 39
candidate for a state, county, or city office, or the office of 40
member of the United States congress, and every person who is 41
appointed to fill a vacancy for an unexpired term in such an 42
elective office; all members of the state board of education; the 44
director, assistant directors, deputy directors, division chiefs, 45
or persons of equivalent rank of any administrative department of 46
the state; the president or other chief administrative officer of 47
every state institution of higher education as defined in section 48
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3345.031 of the Revised Code; the chief executive officer of each 49
state retirement system; all members of the board of 50
commissioners on grievances and discipline of the supreme court 51
and the ethics commission created under section 102.05 of the 52
Revised Code; every business manager, treasurer, or 53
superintendent of a city, local, exempted village, joint 54
vocational, or cooperative education school district or an 55
educational service center; every person who is elected to or is 56
a candidate for the office of member of a board of education of a 57
city, local, exempted village, joint vocational, or cooperative 58
education school district or of a governing board of an 59
educational service center that has an average daily membership 60
of twelve thousand or more as most recently certified to the 61
state board of education pursuant to division (A) of section 62
3317.03 of the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE 63
BOARD OF EDUCATION OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO 64
DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE; every 65
public official or employee who is paid a salary or wage in 67
accordance with schedule C of section 124.15 or schedule E-2 of 68
section 124.152 of the Revised Code; and every other public 69
official or employee who is designated by the appropriate ethics 70
commission pursuant to division (B) of this section shall file 71
with the appropriate ethics commission on a form prescribed by 72
the commission, a statement disclosing:
(1) The name of the person filing the statement and each 74
member of the person's immediate family and all names under which 76
the person or members of the person's immediate family does 77
business; 78
(2)(a) Subject to divisions (A)(2)(b), and (c) of this 80
section and except as otherwise provided in section 102.022 of 81
the Revised Code, identification of every source of income, other 82
than income from a legislative agent identified in division 83
(A)(2)(b) of this section, received during the preceding calendar 84
year, in the person's own name or by any other person for the 86
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person's use or benefit, by the person filing the statement, and 87
a brief description of the nature of the services for which the 88
income was received. If the person filing the statement is a 89
member of the general assembly, the statement shall identify the 90
amount of every source of income received in accordance with the 91
following ranges of amounts: zero or more but less than one 92
thousand dollars; one thousand dollars or more but less than ten 93
thousand dollars; ten thousand dollars or more but less than 94
twenty-five thousand dollars; twenty-five thousand dollars or 95
more but less than fifty thousand dollars; fifty thousand dollars 96
or more but less than one hundred thousand dollars; and one 97
hundred thousand dollars or more. Division (A)(2)(a) of this 98
section shall not be construed to require a person filing the 99
statement who derives income from a business or profession to 100
disclose the individual items of income that constitute the gross 101
income of that business or profession, except for those 102
individual items of income that are attributable to the person's 103
or, if the income is shared with the person, the partner's, 104
solicitation of services or goods or performance, arrangement, or 105
facilitation of services or provision of goods on behalf of the 106
business or profession of clients, including corporate clients, 107
who are legislative agents as defined in section 101.70 of the 108
Revised Code. A person who files the statement under this 109
section shall disclose the identity of and the amount of income 110
received from a person whom the public official or employee knows 111
or has reason to know is doing or seeking to do business of any 112
kind with the public official's or employee's agency. 113
(b) If the person filing the statement is a member of the 115
general assembly, the statement shall identify every source of 116
income and the amount of that income that was received from a 117
legislative agent, as defined in section 101.70 of the Revised 118
Code, during the preceding calendar year, in the person's own 120
name or by any other person for the person's use or benefit, by 121
the person filing the statement, and a brief description of the 123
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nature of the services for which the income was received. 124
Division (A)(2)(b) of this section requires the disclosure of 125
clients of attorneys or persons licensed under section 4732.12 of 126
the Revised Code, or patients of persons certified under section 127
4731.14 of the Revised Code if those clients or patients are 128
legislative agents. Division (A)(2)(b) of this section requires 129
a person filing the statement who derives income from a business 130
or profession to disclose those individual items of income that 131
constitute the gross income of that business or profession that 132
are received from legislative agents. 133
(c) Except as otherwise provided in division (A)(2)(c) of 135
this section, division (A)(2)(a) of this section applies to 136
attorneys, physicians, and other persons who engage in the 137
practice of a profession and who, pursuant to a section of the 138
Revised Code, the common law of this state, a code of ethics 139
applicable to the profession, or otherwise, generally are 140
required not to reveal, disclose, or use confidences of clients, 141
patients, or other recipients of professional services except 142
under specified circumstances or generally are required to 143
maintain those types of confidences as privileged communications 144
except under specified circumstances. Division (A)(2)(a) of this 145
section does not require an attorney, physician, or other 146
professional subject to a confidentiality requirement as 147
described in division (A)(2)(c) of this section to disclose the 148
name, other identity, or address of a client, patient, or other 149
recipient of professional services if the disclosure would 150
threaten the client, patient, or other recipient of professional 151
services, would reveal details of the subject matter for which 152
legal, medical, or professional advice or other services were 153
sought, or would reveal an otherwise privileged communication 154
involving the client, patient, or other recipient of professional 155
services. Division (A)(2)(a) of this section does not require an 156
attorney, physician, or other professional subject to a 157
confidentiality requirement as described in division (A)(2)(c) of 158
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this section to disclose in the brief description of the nature 159
of services required by division (A)(2)(a) of this section any 160
information pertaining to specific professional services rendered 161
for a client, patient, or other recipient of professional 162
services that would reveal details of the subject matter for 163
which legal, medical, or professional advice was sought or would 164
reveal an otherwise privileged communication involving the 165
client, patient, or other recipient of professional services. 166
(3) The name of every corporation on file with the 168
secretary of state that is incorporated in Ohio or holds a 169
certificate of compliance authorizing it to do business in this 170
state, trust, business trust, partnership, or association that 171
transacts business in Ohio in which the person filing the 172
statement or any other person for the person's use and benefit 174
had during the preceding calendar year an investment of over one 175
thousand dollars at fair market value as of the thirty-first day 176
of December of the preceding calendar year, or the date of 177
disposition, whichever is earlier, or in which the person holds 178
any office or has a fiduciary relationship, and a description of 179
the nature of the investment, office, or relationship. This 180
division does not require disclosure of the name of any bank, 181
savings and loan association, credit union, or building and loan 182
association with which the person filing the statement has a 183
deposit or a withdrawable share account. 184
(4) All fee simple and leasehold interests to which the 186
person filing the statement holds legal title to or a beneficial 187
interest in real property located within the state, excluding the 188
person's residence and property used primarily for personal 189
recreation; 190
(5) The names of all persons residing or transacting 192
business in the state to whom the person filing the statement 193
owes, in the person's own name or in the name of any other 194
person, more than one thousand dollars. This division shall not 196
be construed to require the disclosure of debts owed by the 197
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person resulting from the ordinary conduct of a business or 198
profession or debts on the person's residence or real property 199
used primarily for personal recreation, except that the 200
superintendent of financial institutions shall disclose the names 202
of all state-chartered savings and loan associations and of all 204
service corporations subject to regulation under division (E)(2) 205
of section 1151.34 of the Revised Code to whom the superintendent 206
in the superintendent's own name or in the name of any other 207
person owes any money, and that the superintendent and any deputy 209
superintendent of banks shall disclose the names of all 210
state-chartered banks and all bank subsidiary corporations 211
subject to regulation under section 1109.44 of the Revised Code 212
to whom the superintendent or deputy superintendent owes any 213
money.
(6) The names of all persons residing or transacting 215
business in the state, other than a depository excluded under 216
division (A)(3) of this section, who owes more than one thousand 217
dollars to the person filing the statement, either in the 218
person's own name or to any person for the person's use or 220
benefit. This division shall not be construed to require the 222
disclosure of clients of attorneys or persons licensed under 223
section 4732.12 or 4732.15 of the Revised Code, or patients of 224
persons certified under section 4731.14 of the Revised Code, nor 225
the disclosure of debts owed to the person resulting from the 226
ordinary conduct of a business or profession. 227
(7) Except as otherwise provided in section 102.022 of the 229
Revised Code, the source of each gift of over seventy-five 230
dollars, or of each gift of over twenty-five dollars received by 231
a member of the general assembly from a legislative agent, 232
received by the person in the person's own name or by any other 234
person for the person's use or benefit during the preceding 235
calendar year, except gifts received by will or by virtue of 237
section 2105.06 of the Revised Code, or received from spouses, 238
parents, grandparents, children, grandchildren, siblings, 239
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nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 240
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 241
any person to whom the person filing the statement stands in loco 242
parentis, or received by way of distribution from any inter vivos 243
or testamentary trust established by a spouse or by an ancestor; 244
(8) Except as otherwise provided in section 102.022 of the 246
Revised Code, identification of the source and amount of every 247
payment of expenses incurred for travel to destinations inside or 248
outside this state that is received by the person in the person's 250
own name or by any other person for the person's use or benefit 251
and that is incurred in connection with the person's official 253
duties except for expenses for travel to meetings or conventions 254
of a national or state organization to which either house of the 255
general assembly, any legislative agency, a state institution of 256
higher education as defined in section 3345.031 of the Revised 257
Code, any other state agency, or any political subdivision or any 258
office or agency of a political subdivision pays membership dues. 259
(9) Except as otherwise provided in section 102.022 of the 261
Revised Code, identification of the source of payment of expenses 262
for meals and other food and beverages, other than for meals and 263
other food and beverages provided at a meeting at which the 264
person participated in a panel, seminar, or speaking engagement 265
or at a meeting or convention of a national or state organization 266
to which either house of the general assembly, any legislative 267
agency, a state institution of higher education as defined in 268
section 3345.031 of the Revised Code, any other state agency, or 269
any political subdivision or any office or agency of a political 270
subdivision pays membership dues, that are incurred in connection 271
with the person's official duties and that exceed one hundred 272
dollars aggregated per calendar year; 273
(10) If the financial disclosure statement is filed by a 275
public official or employee described in division (B)(2) of 276
section 101.73 of the Revised Code or division (B)(2) of section 277
121.63 of the Revised Code who receives a statement from a 278
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legislative agent, executive agency lobbyist, or employer that 279
contains the information described in division (F)(2) of section 280
101.73 of the Revised Code or division (G)(2) of section 121.63 281
of the Revised Code, all of the nondisputed information contained 282
in the statement delivered to that public official or employee by 283
the legislative agent, executive agency lobbyist, or employer 284
under division (F)(2) of section 101.73 or (G)(2) of section 285
121.63 of the Revised Code. As used in division (A)(10) of this 286
section, "legislative agent," "executive agency lobbyist," and 287
"employer" have the same meanings as in sections 101.70 and 288
121.60 of the Revised Code. 289
A person may file a statement required by this section in 291
person or by mail. A person who is a candidate for elective 292
office shall file the statement no later than the thirtieth day 294
before the primary, special, or general election at which such 295
candidacy is to be voted on, whichever election occurs sooner, 296
except a person who is a write-in candidate shall file the 297
statement no later than the twentieth day before the earliest 298
election at which the person's candidacy is to be voted on. A 300
person who holds elective office shall file the statement on or 301
before the fifteenth day of April of each year, unless the person 303
is a candidate for office. A person who is appointed to fill a 305
vacancy for an unexpired term in an elective office shall file 306
the statement within fifteen days after the person qualifies for 308
office. Other persons shall file an annual statement on or 310
before the fifteenth day of April or, if appointed or employed 311
after that date, within ninety days after appointment or 312
employment. No person shall be required to file with the 313
appropriate ethics commission more than one statement or pay more 314
than one filing fee for any one calendar year. 315
The appropriate ethics commission, for good cause, may 317
extend for a reasonable time the deadline for filing a disclosure 318
statement under this section. 319
A statement filed under this section is subject to public 321
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inspection at locations designated by the appropriate ethics 322
commission except as otherwise provided in this section. 323
(B) The Ohio ethics commission, the joint legislative 325
ethics committee, and the board of commissioners on grievances 326
and discipline of the supreme court, using the rule-making 327
procedures of Chapter 119. of the Revised Code, may require any 328
class of public officials or employees under its jurisdiction and 329
not specifically excluded by this section whose positions involve 330
a substantial and material exercise of administrative discretion 331
in the formulation of public policy, expenditure of public funds, 332
enforcement of laws and rules of the state or a county or city, 333
or the execution of other public trusts, to file an annual 334
statement on or before the fifteenth day of April under division 335
(A) of this section. The appropriate ethics commission shall 336
send the public officials or employees written notice of the 337
requirement by the fifteenth day of February of each year the 338
filing is required, unless the public official or employee is 339
appointed after that date, in which case the notice shall be sent 340
within thirty days after appointment, and the filing shall be 341
made not later than ninety days after appointment. 342
Disclosure statements filed under this division with the 344
Ohio ethics commission by members of boards, commissions, or 345
bureaus of the state for which no compensation is received other 346
than reasonable and necessary expenses shall be kept 347
confidential. Disclosure statements filed with the Ohio ethics 349
commission under division (A) of this section by business 350
managers, treasurers, and superintendents of city, local, 351
exempted village, joint vocational, or cooperative education 352
school districts or educational service centers shall be kept 353
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 354
of the Revised Code may examine the disclosure statement of any 355
business manager, treasurer, or superintendent of that school 356
district or educational service center. The Ohio ethics 357
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commission shall examine each disclosure statement required to be 358
kept confidential to determine whether a potential conflict of 359
interest exists for the person who filed the disclosure 360
statement. A potential conflict of interest exists if the 361
private interests of the person, as indicated by the person's 362
disclosure statement, might interfere with the public interests 364
the person is required to serve in the exercise of the person's 365
authority and duties in the person's office or position of 366
employment. If the commission determines that a potential 367
conflict of interest exists, it shall notify the person who filed 368
the disclosure statement and shall make the portions of the 369
disclosure statement that indicate a potential conflict of 370
interest subject to public inspection in the same manner as is 371
provided for other disclosure statements. Any portion of the 372
disclosure statement that the commission determines does not 373
indicate a potential conflict of interest shall be kept 374
confidential by the commission and shall not be made subject to 375
public inspection, except as is necessary for the enforcement of 376
Chapters 102. and 2921. of the Revised Code and except as 377
otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before 379
the applicable filing deadline under this section, a statement 380
that is required by this section. 381
(D) No person shall knowingly file a false statement that 383
is required to be filed under this section. 384
(E)(1) Except as provided in divisions (E)(2) and (3) of 386
this section, on and after March 2, 1994, the statement required 387
by division (A) or (B) of this section shall be accompanied by a 389
filing fee of twenty-five dollars. 390
(2) The statement required by division (A) of this section 392
shall be accompanied by a filing fee to be paid by the person who 393
is elected or appointed to or is a candidate for any of the 394
following offices: 395
For state office, except member of 397
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state board of education $50 398
For office of member of United States 399
congress or member of general assembly $25 400
For county office $25 401
For office of member of state board 402
of education $10 403
For office of member of city, local, 404
exempted village, or cooperative 405
education board of 406
education or educational service 407
center governing board $ 5 408
For position of business manager, 409
treasurer, or superintendent of 410
city, local, exempted village, joint 411
vocational, or cooperative education 412
school district or 413
educational service center $ 5 414
(3) No judge of a court of record or candidate for judge 416
of such a court, and no referee or magistrate serving a court of 417
record, shall be required to pay the fee required under division 418
(E)(1) or (2), or (F) of this section. 419
(4) For any public official who is appointed to a 421
nonelective office of the state and for any employee who holds a 422
nonelective position in a public agency of the state, the state 423
agency that is the primary employer of the state official or 424
employee shall pay the fee required under division (E)(1) or (F) 425
of this section. 426
(F) If a statement required to be filed under this section 428
is not filed by the date on which it is required to be filed, the 429
appropriate ethics commission shall assess the person required to 430
file the statement a late filing fee equal to one-half of the 431
applicable filing fee for each day the statement is not filed, 432
except that the total amount of the late filing fee shall not 433
exceed one hundred dollars. 434
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(G)(1) The appropriate ethics commission other than the 436
Ohio ethics commission shall deposit all fees it receives under 437
divisions (E) and (F) of this section into the general revenue 438
fund of the state. 439
(2) The Ohio ethics commission shall deposit all fees it 441
receives under divisions (E) and (F) of this section and all 442
moneys it receives from settlements under division (G) of section 443
102.06 of the Revised Code into the Ohio ethics commission fund, 444
which is hereby created in the state treasury. All moneys 445
credited to the fund shall be used solely for expenses related to 446
the operation of the commission. 447
(H) Division (A) of this section does not apply to a 449
person elected or appointed to the office of precinct, ward, or 450
district committee member under Chapter 3517. of the Revised 451
Code; a presidential elector; a delegate to a national 452
convention; village or township officials and employees; any 453
physician or psychiatrist who is paid a salary or wage in 454
accordance with schedule C of section 124.15 or schedule E-2 of 455
section 124.152 of the Revised Code and whose primary duties do 456
not require the exercise of administrative discretion; or any 457
member of a board, commission, or bureau of any county or city 458
who receives less than one thousand dollars per year for serving 459
in that position. 460
Sec. 3311.71. (A) AS USED IN THIS SECTION AND IN SECTIONS 463
3311.72 TO 3311.76 OF THE REVISED CODE: 464
(1) "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 466
THAT AT ANY TIME WAS UNDER A FEDERAL COURT ORDER REQUIRING 467
SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF 468
THE DISTRICT BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 469
(2) "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION 471
CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S 472
TERRITORY. 473
(B) WHENEVER ANY MUNICIPAL SCHOOL DISTRICT IS RELEASED BY 476
A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND 477
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OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY 478
THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL OF THAT 479
DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW
NINE-MEMBER BOARD OF EDUCATION. MEMBERS OF THE NEW BOARD SHALL 481
BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE MEMBER AS 482
THE CHAIRPERSON OF THE BOARD. IN ADDITION TO THE RIGHTS, 483
AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS
3311.71 TO 3311.76 OF THE REVISED CODE, THE CHAIRPERSON SHALL 484
HAVE ALL THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE 485
PRESIDENT OF A BOARD OF EDUCATION BY THE REVISED CODE THAT ARE 486
NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 487
CODE.
(C) NO SCHOOL BOARD MEMBER SHALL BE APPOINTED PURSUANT TO 490
DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS RECEIVED A SLATE 492
OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A MUNICIPAL SCHOOL 493
DISTRICT NOMINATING PANEL. THE MUNICIPAL SCHOOL DISTRICT
NOMINATING PANEL SHALL BE INITIALLY CONVENED AND CHAIRED BY THE 494
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO SHALL SERVE AS A 495
NONVOTING MEMBER FOR THE FIRST TWO YEARS OF THE PANEL'S 496
EXISTENCE, AND SHALL CONSIST OF ELEVEN PERSONS SELECTED AS 497
FOLLOWS:
(1) THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE 499
SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE 500
DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION 502
SELECTED BY THE STATE SUPERINTENDENT;
(2) THREE PERSONS APPOINTED BY THE MAYOR; 504
(3) ONE PERSON APPOINTED BY THE PRESIDENT OF THE 506
LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE 507
GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY; 508
(4) ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING 510
REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS; 511
(5) ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL 513
DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE 514
SUPERINTENDENT;
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(6) ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED 516
BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR; 517
(7) ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF 519
HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT 520
APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 521
THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT ONE 523
OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER THE 524
DATE OF THE FIRST MEETING OF THE PANEL AT WHICH TIME THE STATE 525
SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER CONVENE OR 526
CHAIR THE PANEL. THEREAFTER, THE PANEL SHALL MEET AS NECESSARY 527
TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON. ALL MEMBERS 528
OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE APPOINTING
AUTHORITY. VACANCIES ON THE PANEL SHALL BE FILLED IN THE SAME 529
MANNER AS THE INITIAL APPOINTMENTS. 530
(D) NO INDIVIDUAL SHALL BE APPOINTED PURSUANT TO DIVISION 532
(B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS BEEN 534
NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL
DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE. 535
(E) THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED PURSUANT 537
TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON THE NEXT 538
THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION REQUIRED 539
BY SECTION 3311.73 OF THE REVISED CODE. THE MAYOR MAY REMOVE ANY 540
MEMBER APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF 541
THIS SECTION FOR CAUSE.
(F) IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION 544
OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY 545
SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 547
MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING
PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED 548
PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION. FIVE OF 549
THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR 551
TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS, 552
EACH TERM BEGINNING ON THE FIRST DAY OF JULY. THEREAFTER, THE
MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER 553
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AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION. THE 555
MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED 556
BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE
THE NUMBER OF MEMBERS TO BE APPOINTED. 557
Sec. 3311.72. (A) ON THE EFFECTIVE DATE OF THE ASSUMPTION 559
OF CONTROL OF THE SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION 561
PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 563
THE TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT 564
SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT 565
SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD. AS USED IN THIS 566
DIVISION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN 567
SECTION 3319.02 OF THE REVISED CODE. 568
(B) NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE: 570
(1) UNTIL THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 572
MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 573
SECTION 3311.71 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 574
CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 575
POSITION.
(2) AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 577
MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 578
SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE 580
CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 581
POSITION, WITH THE CONCURRENCE OF THE MAYOR.
(3) AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF 583
EXECUTIVE OFFICER DESCRIBED IN DIVISION (B)(1) OR (2) OF THIS 584
SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT 585
INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE 586
TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT 588
SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL 589
CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE INDIVIDUAL 590
WILL SERVE AT THE PLEASURE OF THE BOARD, WITH THE MAYOR'S
CONCURRENCE REQUIRED FOR REMOVAL. 591
(C) THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF 593
FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING 594
16
OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER 595
ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER 596
SHALL DETERMINE TO BE NECESSARY. THE CHIEF EXECUTIVE OFFICER 597
SHALL ALSO APPOINT AN OMBUDSPERSON WHO SHALL ANSWER QUESTIONS AND
SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND 598
GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS. 599
A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A 601
SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE 602
REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22 603
OF THE REVISED CODE. IN ADDITION TO THE RIGHTS, AUTHORITY AND
DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF 604
FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED 605
CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER 606
SHALL HAVE ALL OF THE RIGHTS, AUTHORITY AND DUTIES CONFERRED UPON 607
THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF A
BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE 608
NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 609
CODE.
(D) NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED 611
CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A 612
MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL 613
HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS 615
AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF
EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH 616
CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE 617
APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE 618
APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE 619
OFFICER.
(E) THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR 621
EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN 622
THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE 623
NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY 624
SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE
SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD. 625
17
(F) NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF 628
THE REVISED CODE, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE
REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT. 629
Sec. 3311.73. (A) AT THE GENERAL ELECTION HELD IN THE 631
FIRST EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE 633
DATE THE NEW BOARD ASSUMED OF CONTROL OF A MUNICIPAL SCHOOL
DISTRICT PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE 635
REVISED CODE, THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE 636
ELECTORS RESIDING IN THE SCHOOL DISTRICT:
"SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE 638
APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE 639
MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE 640
NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?" 641
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY 643
OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL 644
NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE 645
ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND 646
CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT 648
FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH 649
ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE 650
QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN 651
SUCH PART TO AN ADJOINING PRECINCT. SUCH AN ASSIGNMENT MAY BE 652
MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT 653
AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY. 654
NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF 655
GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE 656
CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON 657
WHICH THE ELECTION IS BEING HELD. THE BALLOT SHALL BE IN THE 658
FORM PRESCRIBED BY THE SECRETARY OF STATE. 659
(B) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 661
IN DIVISION (A) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR 662
SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY 663
OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE 664
REVISED CODE. 665
18
(C) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 668
IN DIVISION (A) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW 670
SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT 671
REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR. 672
AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR 673
YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS. 674
THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER 675
AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A 676
CITY SCHOOL DISTRICT. ALL MEMBERS OF THE BOARD OF EDUCATION OF A 678
MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF 679
SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER 681
THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR 682
SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH 683
SECTION 3313.09 OF THE REVISED CODE.
Sec. 3311.74. THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL 685
SCHOOL DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A 686
PLAN TO MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL 688
WITHIN THE DISTRICT. WHERE MEASUREMENTS DEMONSTRATE THAT 689
STUDENTS IN PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT 690
IMPROVING THEIR ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE 691
PLAN SHALL CONTAIN PROVISIONS REQUIRING THE CHIEF EXECUTIVE 692
OFFICER, WITH THE CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE 693
ACTION WITHIN THOSE SCHOOLS.
ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A REPORT 695
TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF ACHIEVEMENT 696
MEASUREMENTS MADE UNDER THIS SECTION AND DELINEATES THE NATURE OF 698
ANY REFORMS AND CORRECTIVE ACTIONS BEING TAKEN IN RESPONSE TO ANY 699
FAILURE TO ACHIEVE AT AN ACCEPTABLE LEVEL OR RATE. THE REPORT
SHALL ALSO CONTAIN DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE 700
THE OVERALL QUALITY OR EFFICIENCY OF OPERATION OF THE DISTRICT, 701
SHALL LIST THE SOURCE OF ALL DISTRICT REVENUES, AND SHALL CONTAIN 702
A DESCRIPTION OF ALL DISTRICT EXPENDITURES DURING THE PRECEDING 703
FISCAL YEAR. 704
Sec. 3311.75. A BOARD OF EDUCATION APPOINTED BY THE MAYOR 706
19
PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED 708
CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS OR 709
PROPERTY OF ANY MUNICIPAL CORPORATION. THE BUDGETS OF THE
MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE 710
ESTIMATED, PLANNED, AND FINANCED SEPARATELY. AT NO TIME SHALL 711
ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE 712
COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND 713
ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY 714
INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL 715
CORPORATION.
Sec. 3311.76. (A) NOTWITHSTANDING CHAPTERS 3302. AND 717
3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT 718
CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC 719
INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES 720
ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY 721
RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO 722
3319.21, OR CHAPTER 3323. OF THE REVISED CODE, AND MAY AUTHORIZE
A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE 723
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE 724
SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES, 725
TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC 726
OBLIGATIONS. THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH
THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED 727
AND THE REASONS FOR THE REQUEST. THE STATE SUPERINTENDENT SHALL 728
APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED 729
EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE 730
DISTRICT'S STUDENTS. THE SUPERINTENDENT SHALL APPROVE OR
DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE 731
DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF 732
APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST. 733
(B) IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES 735
CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF 736
EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A 737
MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE 738
20
RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL 740
DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH 741
SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE. 742
Sec. 3313.02. Notwithstanding division (D) of section 751
3311.19 and division (D) of section 3311.52 of the Revised Code, 752
this section and sections 3313.03 to 3313.09 of the Revised Code 753
do not apply to a joint vocational or cooperative education 754
school district. THIS SECTION DOES NOT APPLY TO A MUNICIPAL 755
SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO 756
DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE. 757
In city school districts containing, according to the last 759
federal census, a population of less than fifty thousand persons, 760
the board of education shall consist of not less than three nor 761
more than five members elected at large by the qualified electors 762
of such district. 763
In city school districts containing, according to the last 765
federal census, a population of fifty thousand or more, but less 766
than one hundred fifty thousand persons, the board shall consist 767
of not less than two nor more than seven members elected at large 768
and not more than two members elected from subdistricts by the 769
qualified electors of their respective subdistricts. 770
In city school districts containing, according to the last 772
federal census, a population of one hundred fifty thousand 773
persons or more, the board shall consist of not less than five 774
nor more than seven members elected at large by the qualified 775
electors of such district. 776
Sec. 3313.04. If THIS SECTION AND SECTIONS 3313.05 TO 785
3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL 786
DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY 787
SECTION 3311.73 OF THE REVISED CODE.
IF, at any time, a petition signed by ten per cent of the 790
electors in any city district is filed with the treasurer of the 791
board of education of such district asking that the question, 792
"what shall be the number of members and what shall be the 793
21
organization of the board of education of such district," be 794
submitted to the electors thereof, such board of education shall 795
within thirty days after the filing of such petition provide by 796
resolution for submitting such question to the electors of such 797
district. Such question shall not be submitted to a referendum 798
vote more than once in any period of four years and the 799
percentage of electors required to sign such petition shall be 800
based upon the total vote cast at the most recent regular 802
municipal election.
Said resolution shall require that such question be 804
submitted at the next regular municipal election and shall also 805
provide for the appointment of a commission to frame two or more 806
plans of organization for submission. Except as otherwise 807
provided in this section, the commission shall consist of seven 808
members, three of whom shall be appointed by the president of the 809
board of education of such district, two by the mayor of the city 810
in which such district is located, and two by the president of 811
the board of sinking fund trustees of such city. If a city does 812
not have a board of sinking fund trustees, the city treasurer or 813
the officer who exercises the functions of a treasurer shall 814
appoint two members. 815
When a school district has territory in more than one city, 817
the commission shall consist of three members appointed by the 818
president of the board of education, one member appointed by the 819
mayor of each city in which the district has territory, and one 820
member appointed by the president of the board of sinking fund 821
trustees of each such city. If any city does not have a board of 822
sinking fund trustees, that city's treasurer or the officer who 823
exercises the functions of a treasurer shall appoint one member. 824
A certified copy of said resolution shall immediately after 826
its passage be transmitted to the mayor and president of the 827
board of sinking fund trustees of the city or cities in which the 828
district has territory, and such commission shall be appointed 829
and shall organize within sixty days after the passage of said 830
22
resolution. 831
Sec. 3313.11. Notwithstanding division (D) of section 840
3311.19 and division (D) of section 3311.52 of the Revised Code, 841
this section does not apply to any joint vocational or 842
cooperative education school district. 843
A vacancy in any board of education may be caused by death, 845
nonresidence, resignation, removal from office, failure of a 846
person elected or appointed to qualify within ten days after the 847
organization of the board or of his appointment or election, 848
removal from the district, or absence from meetings of the board 849
for a period of ninety days, if such absence is caused by reasons 850
declared insufficient by a two-thirds vote of the remaining 851
members of the board, which vote must be taken and entered upon 852
the records of the board not less than thirty days after such 853
absence. Any 854
IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT 856
TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE, 857
THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL 858
FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE 859
THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST 860
THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT
NOMINATING PANEL ESTABLISHED UNDER THAT SECTION. 861
IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD 863
SHALL FILL ANY such vacancy shall be filled by the board at its 864
next regular or special meeting, not earlier than ten days after 865
such vacancy occurs. A majority vote of all the remaining 866
members of the board may fill any such vacancy. Immediately 867
after such a vote, the treasurer of the board of education shall 868
give written notice to the board of elections responsible for 869
conducting elections for that school district that a vacancy has 870
been filled, and the name of the person appointed to fill the 871
vacancy. Each person selected by the board or probate court to 872
fill a vacancy shall hold office for the shorter of the following 873
periods: until the completion of the unexpired term, or until 874
23
the first day of January immediately following the next regular 875
board of education election taking place more than ninety days 876
after a person is selected by the board or probate court to fill 877
the vacancy. At that election, a special election to fill the 878
vacancy shall be held in accordance with laws controlling regular 879
elections for board of education members, except that no such 880
special election shall be held if the unexpired term ends on or 881
before the first day of January immediately following that 882
regular board of education election. The term of a person chosen 883
at a special election under this section shall begin on the first 884
day of January immediately following the election, and he THE 885
PERSON shall serve for the remainder of the unexpired term. 886
Whenever the need for a special election under this section 887
becomes known, the board of education shall immediately give 888
written notice of this fact to the board of elections responsible 889
for conducting the regular board of education election for that 890
school district.
The term of a board of education member shall not be 892
lengthened by his THE MEMBER'S resignation and subsequent 893
selection by the board or probate court under this section. 894
Sec. 3313.70. No member of the board of education in any 903
district shall be eligible to the appointment of school 904
physician, school dentist, or school nurse during the period for 905
which he THE MEMBER is elected OR APPOINTED. 906
Sec. 3315.15. Any city, local, or exempted village board 915
of education may by resolution set aside each year from the 916
general fund a sum not to exceed two dollars for each child 917
enrolled in the district, or twenty thousand dollars, whichever 918
is greater. Any educational service center governing board may 920
by resolution set aside each year from the educational service 921
center fund a sum not to exceed twenty thousand dollars. The 922
amount set aside shall be placed in a fund known as the "service 923
fund," which shall be used only in paying the expenses of members 924
of such boards of education and educational service center 925
24
governing boards actually incurred in the performance of their 926
duties, or in paying the expenses of members-elect MEMBERS-TO-BE 927
of such boards actually incurred in training and orientation to 928
the performance of their duties from the date of election OR 929
APPOINTMENT to the date of administration of the oath of office. 930
Such payments shall be made only in such amount as may be 931
approved by the board on statement of the several members or 932
members-elect MEMBERS-TO-BE furnished at the next succeeding 933
regular meeting of such board. No board shall appropriate or
expend a sum greater than sixty thousand dollars in any one 934
school year from such service fund. 935
Sec. 3316.06. (A) Within sixty days after the first 945
meeting of a school district financial planning and supervision
commission, the commission shall adopt a financial recovery plan 946
regarding the school district for which the commission was 947
created. During the formulation of the plan, the commission 948
shall seek appropriate input from the school district board and 949
from the community. This plan shall contain the following:
(1) Actions to be taken to: 951
(a) Eliminate all fiscal emergency conditions declared to 954
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past due accounts payable, and 956
all past due and payable payroll and fringe benefits; 957
(c) Eliminate the deficits in all deficit funds; 959
(d) Restore to special funds any moneys from such funds 961
that were used for purposes not within the purposes of such 963
funds, or borrowed from such funds by the purchase of debt 964
obligations of the school district with the moneys of such funds, 965
or missing from the special funds and not accounted for, if any; 966
(e) Balance the budget, avoid future deficits in any 968
funds, and maintain on a current basis payments of payroll, 969
fringe benefits, and all accounts; 970
(f) Avoid any fiscal emergency condition in the future; 972
25
(g) Restore the ability of the school district to market 974
long-term general obligation bonds under provisions of law 975
applicable to school districts generally. 976
(2) The management structure that will enable the school 978
district to take the actions enumerated in division (A)(1) of 979
this section. The plan shall specify the level of fiscal and 980
management control that the commission will exercise within the 981
school district during the period of fiscal emergency, and shall 982
enumerate respectively, the powers and duties of the commission 983
and the powers and duties of the school board during that period. 984
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 985
related to personnel, curriculum, and legal issues in order to 986
successfully implement the actions described in division (A)(1) 987
of this section.
(3) The target dates for the commencement, progress upon, 990
and completion of the actions enumerated in division (A)(1) of 991
this section and a reasonable period of time expected to be 992
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 994
the requirements for the plan, and the plan shall be consistent 995
with that time schedule.
(4) The amount and purpose of any issue of debt 997
obligations that will be issued, together with assurances that 998
any such debt obligations that will be issued will not exceed 999
debt limits supported by appropriate certifications by the fiscal 1,000
officer of the school district and the county auditor. If the 1,001
commission considers it necessary in order to maintain or improve 1,003
educational opportunities of pupils in the school district, the 1,004
plan may include a proposal to restructure or refinance 1,005
outstanding debt obligations incurred by the board contingent
upon the approval, during the period of the fiscal emergency, by 1,006
district voters of a tax levied under section 718.09, 718.10, 1,007
5705.194, 5705.21, or 5748.02 of the Revised Code. 1,008
26
Notwithstanding any provision of Chapter 133. or sections 1,009
3313.483 through 3313.4811 of the Revised Code, FOLLOWING THE 1,010
REQUIRED APPROVAL OF THE DISTRICT VOTERS AND WITH THE APPROVAL OF 1,011
THE COMMISSION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO
EVIDENCE the restructuring or refinancing. THOSE SECURITIES may 1,013
extend the original period for repayment, and may alter the 1,014
frequency and amount of repayments, interest or other financing 1,015
charges, and other terms of agreements under which the debt
originally was contracted, at the discretion of the commission, 1,016
provided that any loans received pursuant to section 3313.483 of 1,017
the Revised Code shall be paid from funds the district would 1,018
otherwise receive under sections 3317.022 to 3317.025 of the 1,019
Revised Code, as required under division (E)(3) of section
3313.483 of the Revised Code. 1,020
(B) Any financial recovery plan may be amended subsequent 1,022
to its adoption. 1,023
Sec. 3329.08. At any regular meeting, the board of 1,033
education of each local school district, from lists adopted by 1,034
the educational service center governing board, and the board of 1,035
education of each city and exempted village school district shall 1,036
determine by a majority vote of all members elected OR APPOINTED 1,037
which of such textbooks so filed shall be used in the schools 1,038
under its control. No textbooks shall be changed, nor any part 1,039
thereof altered or revised, nor any other textbook substituted 1,040
therefor, within four years after the date of selection and
adoption thereof, as shown by the official records of such 1,041
boards, except by the consent, at a regular meeting, of 1,042
four-fifths of all members elected thereto. Books so substituted 1,043
shall be adopted for the full term of four years. 1,044
Section 2. That existing sections 102.02, 3313.02, 1,046
3313.04, 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 of the 1,047
Revised Code are hereby repealed. 1,048
Section 3. All items in this section are hereby 1,050
appropriated as designated out of any moneys in the state 1,051
27
treasury to the credit of the General Revenue Fund. For all 1,052
appropriations made in this act, those in the first column are 1,053
for fiscal year 1998 and those in the second column are for 1,054
fiscal year 1999. The appropriations made in this act are in 1,055
addition to any other appropriations made for the 1997-1999 1,056
biennium.
EDU DEPARTMENT OF EDUCATION 1,057
General Revenue Fund 1,060
GRF 200-434 Transition and 1,061
Implementation $ 2,100,000 $ 2,100,000 1,063
TOTAL GRF General Revenue Fund $ 2,100,000 $ 2,100,000 1,066
TOTAL ALL BUDGET FUND GROUPS $ 2,100,000 $ 2,100,000 1,069
Transition and Implementation 1,072
The foregoing appropriation item 200-434, Transition and 1,074
Implementation, shall be used to defray the costs associated with 1,075
the transition and implementation in any school district covered 1,076
by this act from an appointed school board to a new school board 1,077
appointed by the mayor pursuant to sections 3311.71 to 3311.76 of 1,079
the Revised Code.
Within the limits set forth in this act, the Director of 1,081
Budget and Management shall establish accounts indicating the 1,082
source and amount of funds for each appropriation made in this 1,083
act, and shall determine the form and manner in which 1,084
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as 1,085
though made in Am. Sub. H.B. 215 of the 122nd General Assembly. 1,086
The appropriations made in this act are subject to all 1,088
provisions of Am. Sub. H.B. 215 of the 122nd General Assembly 1,089
that are generally applicable to such appropriations. 1,090
Section 4. Section 102.02 of the Revised Code is presented 1,092
in this act as a composite of the section as amended by both Am. 1,094
H.B. 182 and Am. Sub. H.B. 538 of the 121st General Assembly,
with the new language of neither of the acts shown in capital 1,096
letters. This is in recognition of the principle stated in 1,097
28
division (B) of section 1.52 of the Revised Code that such 1,098
amendments are to be harmonized where not substantively 1,099
irreconcilable and constitutes a legislative finding that such is 1,100
the resulting version in effect prior to the effective date of 1,101
this act.
Section 5. The codified and uncodified sections of law 1,103
contained in this act, and the items of law of which the codified 1,104
and uncodified sections of law contained in this act are 1,105
composed, are not subject to the referendum. Therefore, under 1,106
Ohio Constitution, Article II, Section 1d and section 1.471 of 1,107
the Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified 1,108
and uncodified sections of law contained in this act are 1,109
composed, go into immediate effect when this act becomes law. 1,110