As Reported by the House Select Subcommittee on School Governance  1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 269   5            

      1997-1998                                                    6            


                 REPRESENTATIVES WISE-BATCHELDER                   8            


                                                                   10           

                           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 3311.77 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.          21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 102.02, 3313.02, 3313.04,          25           

3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 be amended and     26           

sections 3311.71, 3311.72, 3311.73, 3311.74, 3311.75, 3311.76,     27           

and 3311.77 of the Revised Code be enacted to read as follows:     28           

      Sec. 102.02.  (A)  Except as otherwise provided in division  37           

(H) of this section, every person who is elected to or is a        38           

candidate for a state, county, or city office, or the office of    39           

member of the United States congress, and every person who is      40           

appointed to fill a vacancy for an unexpired term in such an       41           

elective office; all members of the state board of education; the  43           

director, assistant directors, deputy directors, division chiefs,  44           

or persons of equivalent rank of any administrative department of  45           

the state; the president or other chief administrative officer of  46           

every state institution of higher education as defined in section  47           

3345.031 of the Revised Code; the chief executive officer of each  48           

                                                          2      

                                                                 
state retirement system; all members of the board of               49           

commissioners on grievances and discipline of the supreme court    50           

and the ethics commission created under section 102.05 of the      51           

Revised Code; every business manager, treasurer, or                52           

superintendent of a city, local, exempted village, joint           53           

vocational, or cooperative education school district or an         54           

educational service center; every person who is elected to or is   55           

a candidate for the office of member of a board of education of a  56           

city, local, exempted village, joint vocational, or cooperative    57           

education school district or of a governing board of an            58           

educational service center that has an average daily membership    59           

of twelve thousand or more as most recently certified to the       60           

state board of education pursuant to division (A) of section       61           

3317.03 of the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE  62           

BOARD OF EDUCATION OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO      63           

DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE; every  64           

public official or employee who is paid a salary or wage in        66           

accordance with schedule C of section 124.15 or schedule E-2 of    67           

section 124.152 of the Revised Code; and every other public        68           

official or employee who is designated by the appropriate ethics   69           

commission pursuant to division (B) of this section shall file     70           

with the appropriate ethics commission on a form prescribed by     71           

the commission, a statement disclosing:                                         

      (1)  The name of the person filing the statement and each    73           

member of the person's immediate family and all names under which  75           

the person or members of the person's immediate family does        76           

business;                                                          77           

      (2)(a)  Subject to divisions (A)(2)(b), and (c) of this      79           

section and except as otherwise provided in section 102.022 of     80           

the Revised Code, identification of every source of income, other  81           

than income from a legislative agent identified in division        82           

(A)(2)(b) of this section, received during the preceding calendar  83           

year, in the person's own name or by any other person for the      85           

person's use or benefit, by the person filing the statement, and   86           

                                                          3      

                                                                 
a brief description of the nature of the services for which the    87           

income was received.  If the person filing the statement is a      88           

member of the general assembly, the statement shall identify the   89           

amount of every source of income received in accordance with the   90           

following ranges of amounts:  zero or more but less than one       91           

thousand dollars; one thousand dollars or more but less than ten   92           

thousand dollars; ten thousand dollars or more but less than       93           

twenty-five thousand dollars; twenty-five thousand dollars or      94           

more but less than fifty thousand dollars; fifty thousand dollars  95           

or more but less than one hundred thousand dollars; and one        96           

hundred thousand dollars or more.  Division (A)(2)(a) of this      97           

section shall not be construed to require a person filing the      98           

statement who derives income from a business or profession to      99           

disclose the individual items of income that constitute the gross  100          

income of that business or profession, except for those            101          

individual items of income that are attributable to the person's   102          

or, if the income is shared with the person, the partner's,        103          

solicitation of services or goods or performance, arrangement, or  104          

facilitation of services or provision of goods on behalf of the    105          

business or profession of clients, including corporate clients,    106          

who are legislative agents as defined in section 101.70 of the     107          

Revised Code.  A person who files the statement under this         108          

section shall disclose the identity of and the amount of income    109          

received from a person whom the public official or employee knows  110          

or has reason to know is doing or seeking to do business of any    111          

kind with the public official's or employee's agency.              112          

      (b)  If the person filing the statement is a member of the   114          

general assembly, the statement shall identify every source of     115          

income and the amount of that income that was received from a      116          

legislative agent, as defined in section 101.70 of the Revised     117          

Code, during the preceding calendar year, in the person's own      119          

name or by any other person for the person's use or benefit, by    120          

the person filing the statement, and a brief description of the    122          

nature of the services for which the income was received.          123          

                                                          4      

                                                                 
Division (A)(2)(b) of this section requires the disclosure of      124          

clients of attorneys or persons licensed under section 4732.12 of  125          

the Revised Code, or patients of persons certified under section   126          

4731.14 of the Revised Code if those clients or patients are       127          

legislative agents.  Division (A)(2)(b) of this section requires   128          

a person filing the statement who derives income from a business   129          

or profession to disclose those individual items of income that    130          

constitute the gross income of that business or profession that    131          

are received from legislative agents.                              132          

      (c)  Except as otherwise provided in division (A)(2)(c) of   134          

this section, division (A)(2)(a) of this section applies to        135          

attorneys, physicians, and other persons who engage in the         136          

practice of a profession and who, pursuant to a section of the     137          

Revised Code, the common law of this state, a code of ethics       138          

applicable to the profession, or otherwise, generally are          139          

required not to reveal, disclose, or use confidences of clients,   140          

patients, or other recipients of professional services except      141          

under specified circumstances or generally are required to         142          

maintain those types of confidences as privileged communications   143          

except under specified circumstances.  Division (A)(2)(a) of this  144          

section does not require an attorney, physician, or other          145          

professional subject to a confidentiality requirement as           146          

described in division (A)(2)(c) of this section to disclose the    147          

name, other identity, or address of a client, patient, or other    148          

recipient of professional services if the disclosure would         149          

threaten the client, patient, or other recipient of professional   150          

services, would reveal details of the subject matter for which     151          

legal, medical, or professional advice or other services were      152          

sought, or would reveal an otherwise privileged communication      153          

involving the client, patient, or other recipient of professional  154          

services.  Division (A)(2)(a) of this section does not require an  155          

attorney, physician, or other professional subject to a            156          

confidentiality requirement as described in division (A)(2)(c) of  157          

this section to disclose in the brief description of the nature    158          

                                                          5      

                                                                 
of services required by division (A)(2)(a) of this section any     159          

information pertaining to specific professional services rendered  160          

for a client, patient, or other recipient of professional          161          

services that would reveal details of the subject matter for       162          

which legal, medical, or professional advice was sought or would   163          

reveal an otherwise privileged communication involving the         164          

client, patient, or other recipient of professional services.      165          

      (3)  The name of every corporation on file with the          167          

secretary of state that is incorporated in Ohio or holds a         168          

certificate of compliance authorizing it to do business in this    169          

state, trust, business trust, partnership, or association that     170          

transacts business in Ohio in which the person filing the          171          

statement or any other person for the person's use and benefit     173          

had during the preceding calendar year an investment of over one   174          

thousand dollars at fair market value as of the thirty-first day   175          

of December of the preceding calendar year, or the date of         176          

disposition, whichever is earlier, or in which the person holds    177          

any office or has a fiduciary relationship, and a description of   178          

the nature of the investment, office, or relationship.  This       179          

division does not require disclosure of the name of any bank,      180          

savings and loan association, credit union, or building and loan   181          

association with which the person filing the statement has a       182          

deposit or a withdrawable share account.                           183          

      (4)  All fee simple and leasehold interests to which the     185          

person filing the statement holds legal title to or a beneficial   186          

interest in real property located within the state, excluding the  187          

person's residence and property used primarily for personal        188          

recreation;                                                        189          

      (5)  The names of all persons residing or transacting        191          

business in the state to whom the person filing the statement      192          

owes, in the person's own name or in the name of any other         193          

person, more than one thousand dollars.  This division shall not   195          

be construed to require the disclosure of debts owed by the        196          

person resulting from the ordinary conduct of a business or        197          

                                                          6      

                                                                 
profession or debts on the person's residence or real property     198          

used primarily for personal recreation, except that the            199          

superintendent of financial institutions shall disclose the names  201          

of all state-chartered savings and loan associations and of all    203          

service corporations subject to regulation under division (E)(2)   204          

of section 1151.34 of the Revised Code to whom the superintendent  205          

in the superintendent's own name or in the name of any other       206          

person owes any money, and that the superintendent and any deputy  208          

superintendent of banks shall disclose the names of all            209          

state-chartered banks and all bank subsidiary corporations         210          

subject to regulation under section 1109.44 of the Revised Code    211          

to whom the superintendent or deputy superintendent owes any       212          

money.                                                                          

      (6)  The names of all persons residing or transacting        214          

business in the state, other than a depository excluded under      215          

division (A)(3) of this section, who owes more than one thousand   216          

dollars to the person filing the statement, either in the          217          

person's own name or to any person for the person's use or         219          

benefit.  This division shall not be construed to require the      221          

disclosure of clients of attorneys or persons licensed under       222          

section 4732.12 or 4732.15 of the Revised Code, or patients of     223          

persons certified under section 4731.14 of the Revised Code, nor   224          

the disclosure of debts owed to the person resulting from the      225          

ordinary conduct of a business or profession.                      226          

      (7)  Except as otherwise provided in section 102.022 of the  228          

Revised Code, the source of each gift of over seventy-five         229          

dollars, or of each gift of over twenty-five dollars received by   230          

a member of the general assembly from a legislative agent,         231          

received by the person in the person's own name or by any other    233          

person for the person's use or benefit during the preceding        234          

calendar year, except gifts received by will or by virtue of       236          

section 2105.06 of the Revised Code, or received from spouses,     237          

parents, grandparents, children, grandchildren, siblings,          238          

nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law,   239          

                                                          7      

                                                                 
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or  240          

any person to whom the person filing the statement stands in loco  241          

parentis, or received by way of distribution from any inter vivos  242          

or testamentary trust established by a spouse or by an ancestor;   243          

      (8)  Except as otherwise provided in section 102.022 of the  245          

Revised Code, identification of the source and amount of every     246          

payment of expenses incurred for travel to destinations inside or  247          

outside this state that is received by the person in the person's  249          

own name or by any other person for the person's use or benefit    250          

and that is incurred in connection with the person's official      252          

duties except for expenses for travel to meetings or conventions   253          

of a national or state organization to which either house of the   254          

general assembly, any legislative agency, a state institution of   255          

higher education as defined in section 3345.031 of the Revised     256          

Code, any other state agency, or any political subdivision or any  257          

office or agency of a political subdivision pays membership dues.  258          

      (9)  Except as otherwise provided in section 102.022 of the  260          

Revised Code, identification of the source of payment of expenses  261          

for meals and other food and beverages, other than for meals and   262          

other food and beverages provided at a meeting at which the        263          

person participated in a panel, seminar, or speaking engagement    264          

or at a meeting or convention of a national or state organization  265          

to which either house of the general assembly, any legislative     266          

agency, a state institution of higher education as defined in      267          

section 3345.031 of the Revised Code, any other state agency, or   268          

any political subdivision or any office or agency of a political   269          

subdivision pays membership dues, that are incurred in connection  270          

with the person's official duties and that exceed one hundred      271          

dollars aggregated per calendar year;                              272          

      (10)  If the financial disclosure statement is filed by a    274          

public official or employee described in division (B)(2) of        275          

section 101.73 of the Revised Code or division (B)(2) of section   276          

121.63 of the Revised Code who receives a statement from a         277          

legislative agent, executive agency lobbyist, or employer that     278          

                                                          8      

                                                                 
contains the information described in division (F)(2) of section   279          

101.73 of the Revised Code or division (G)(2) of section 121.63    280          

of the Revised Code, all of the nondisputed information contained  281          

in the statement delivered to that public official or employee by  282          

the legislative agent, executive agency lobbyist, or employer      283          

under division (F)(2) of section 101.73 or (G)(2) of section       284          

121.63 of the Revised Code.  As used in division (A)(10) of this   285          

section, "legislative agent," "executive agency lobbyist," and     286          

"employer" have the same meanings as in sections 101.70 and        287          

121.60 of the Revised Code.                                        288          

      A person may file a statement required by this section in    290          

person or by mail.  A person who is a candidate for elective       291          

office shall file the statement no later than the thirtieth day    293          

before the primary, special, or general election at which such     294          

candidacy is to be voted on, whichever election occurs sooner,     295          

except a person who is a write-in candidate shall file the         296          

statement no later than the twentieth day before the earliest      297          

election at which the person's candidacy is to be voted on.  A     299          

person who holds elective office shall file the statement on or    300          

before the fifteenth day of April of each year, unless the person  302          

is a candidate for office.  A person who is appointed to fill a    304          

vacancy for an unexpired term in an elective office shall file     305          

the statement within fifteen days after the person qualifies for   307          

office.  Other persons shall file an annual statement on or        309          

before the fifteenth day of April or, if appointed or employed     310          

after that date, within ninety days after appointment or           311          

employment.  No person shall be required to file with the          312          

appropriate ethics commission more than one statement or pay more  313          

than one filing fee for any one calendar year.                     314          

      The appropriate ethics commission, for good cause, may       316          

extend for a reasonable time the deadline for filing a disclosure  317          

statement under this section.                                      318          

      A statement filed under this section is subject to public    320          

inspection at locations designated by the appropriate ethics       321          

                                                          9      

                                                                 
commission except as otherwise provided in this section.           322          

      (B)  The Ohio ethics commission, the joint legislative       324          

ethics committee, and the board of commissioners on grievances     325          

and discipline of the supreme court, using the rule-making         326          

procedures of Chapter 119. of the Revised Code, may require any    327          

class of public officials or employees under its jurisdiction and  328          

not specifically excluded by this section whose positions involve  329          

a substantial and material exercise of administrative discretion   330          

in the formulation of public policy, expenditure of public funds,  331          

enforcement of laws and rules of the state or a county or city,    332          

or the execution of other public trusts, to file an annual         333          

statement on or before the fifteenth day of April under division   334          

(A) of this section.  The appropriate ethics commission shall      335          

send the public officials or employees written notice of the       336          

requirement by the fifteenth day of February of each year the      337          

filing is required, unless the public official or employee is      338          

appointed after that date, in which case the notice shall be sent  339          

within thirty days after appointment, and the filing shall be      340          

made not later than ninety days after appointment.                 341          

      Disclosure statements filed under this division with the     343          

Ohio ethics commission by members of boards, commissions, or       344          

bureaus of the state for which no compensation is received other   345          

than reasonable and necessary expenses shall be kept               346          

confidential.  Disclosure statements filed with the Ohio ethics    348          

commission under division (A) of this section by business          349          

managers, treasurers, and superintendents of city, local,          350          

exempted village, joint vocational, or cooperative education       351          

school districts or educational service centers shall be kept      352          

confidential, except that any person conducting an audit of any                 

such school district pursuant to section 115.56 or Chapter 117.    353          

of the Revised Code may examine the disclosure statement of any    354          

business manager, treasurer, or superintendent of that school      355          

district or educational service center.  The Ohio ethics           356          

commission shall examine each disclosure statement required to be  357          

                                                          10     

                                                                 
kept confidential to determine whether a potential conflict of     358          

interest exists for the person who filed the disclosure            359          

statement.  A potential conflict of interest exists if the         360          

private interests of the person, as indicated by the person's      361          

disclosure statement, might interfere with the public interests    363          

the person is required to serve in the exercise of the person's    364          

authority and duties in the person's office or position of         365          

employment.  If the commission determines that a potential         366          

conflict of interest exists, it shall notify the person who filed  367          

the disclosure statement and shall make the portions of the        368          

disclosure statement that indicate a potential conflict of         369          

interest subject to public inspection in the same manner as is     370          

provided for other disclosure statements.  Any portion of the      371          

disclosure statement that the commission determines does not       372          

indicate a potential conflict of interest shall be kept            373          

confidential by the commission and shall not be made subject to    374          

public inspection, except as is necessary for the enforcement of   375          

Chapters 102. and 2921. of the Revised Code and except as          376          

otherwise provided in this paragraph.                                           

      (C)  No person shall knowingly fail to file, on or before    378          

the applicable filing deadline under this section, a statement     379          

that is required by this section.                                  380          

      (D)  No person shall knowingly file a false statement that   382          

is required to be filed under this section.                        383          

      (E)(1)  Except as provided in divisions (E)(2) and (3) of    385          

this section, on and after March 2, 1994, the statement required   386          

by division (A) or (B) of this section shall be accompanied by a   388          

filing fee of twenty-five dollars.                                 389          

      (2)  The statement required by division (A) of this section  391          

shall be accompanied by a filing fee to be paid by the person who  392          

is elected or appointed to or is a candidate for any of the        393          

following offices:                                                 394          

         For state office, except member of                        396          

           state board of education                  $50           397          

                                                          11     

                                                                 
         For office of member of United States                     398          

           congress or member of general assembly    $25           399          

         For county office                           $25           400          

         For office of member of state board                       401          

           of education                              $10           402          

         For office of member of city, local,                      403          

           exempted village, or cooperative                        404          

           education board of                                      405          

           education or educational service                        406          

           center governing board                    $ 5           407          

         For position of business manager,                         408          

           treasurer, or superintendent of                         409          

           city, local, exempted village, joint                    410          

           vocational, or cooperative education                    411          

           school district or                                      412          

           educational service center                $ 5           413          

      (3)  No judge of a court of record or candidate for judge    415          

of such a court, and no referee or magistrate serving a court of   416          

record, shall be required to pay the fee required under division   417          

(E)(1) or (2), or (F) of this section.                             418          

      (4)  For any public official who is appointed to a           420          

nonelective office of the state and for any employee who holds a   421          

nonelective position in a public agency of the state, the state    422          

agency that is the primary employer of the state official or       423          

employee shall pay the fee required under division (E)(1) or (F)   424          

of this section.                                                   425          

      (F)  If a statement required to be filed under this section  427          

is not filed by the date on which it is required to be filed, the  428          

appropriate ethics commission shall assess the person required to  429          

file the statement a late filing fee equal to one-half of the      430          

applicable filing fee for each day the statement is not filed,     431          

except that the total amount of the late filing fee shall not      432          

exceed one hundred dollars.                                        433          

      (G)(1)  The appropriate ethics commission other than the     435          

                                                          12     

                                                                 
Ohio ethics commission shall deposit all fees it receives under    436          

divisions (E) and (F) of this section into the general revenue     437          

fund of the state.                                                 438          

      (2)  The Ohio ethics commission shall deposit all fees it    440          

receives under divisions (E) and (F) of this section and all       441          

moneys it receives from settlements under division (G) of section  442          

102.06 of the Revised Code into the Ohio ethics commission fund,   443          

which is hereby created in the state treasury.  All moneys         444          

credited to the fund shall be used solely for expenses related to  445          

the operation of the commission.                                   446          

      (H)  Division (A) of this section does not apply to a        448          

person elected or appointed to the office of precinct, ward, or    449          

district committee member under Chapter 3517. of the Revised       450          

Code; a presidential elector; a delegate to a national             451          

convention; village or township officials and employees; any       452          

physician or psychiatrist who is paid a salary or wage in          453          

accordance with schedule C of section 124.15 or schedule E-2 of    454          

section 124.152 of the Revised Code and whose primary duties do    455          

not require the exercise of administrative discretion; or any      456          

member of a board, commission, or bureau of any county or city     457          

who receives less than one thousand dollars per year for serving   458          

in that position.                                                  459          

      Sec. 3311.71.  (A)  AS USED IN THIS SECTION AND IN SECTIONS  462          

3311.72 TO 3311.77 OF THE REVISED CODE:                            463          

      (1)  "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT     465          

THAT AT ANY TIME WAS UNDER A FEDERAL COURT ORDER REQUIRING         466          

SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF   467          

THE DISTRICT BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.    468          

      (2)  "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION    470          

CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S   471          

TERRITORY.                                                         472          

      (B)  WHENEVER ANY MUNICIPAL SCHOOL DISTRICT IS RELEASED BY   475          

A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND            476          

OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY   477          

                                                          13     

                                                                 
THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL OF THAT       478          

DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW                      

NINE-MEMBER BOARD OF EDUCATION.  MEMBERS OF THE NEW BOARD SHALL    480          

BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE MEMBER AS  481          

THE CHAIRPERSON OF THE BOARD.  IN ADDITION TO THE RIGHTS,          482          

AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS                

3311.71 TO 3311.76 OF THE REVISED CODE, THE CHAIRPERSON SHALL      483          

HAVE ALL THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE      484          

PRESIDENT OF A BOARD OF EDUCATION BY THE REVISED CODE THAT ARE     485          

NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED   486          

CODE.                                                                           

      (C)  NO SCHOOL BOARD MEMBER SHALL BE APPOINTED PURSUANT TO   489          

DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS RECEIVED A SLATE  491          

OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A MUNICIPAL SCHOOL    492          

DISTRICT NOMINATING PANEL, AT LEAST THREE OF WHOM RESIDE IN THE                 

MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL CORPORATION     493          

CONTAINING THE GREATEST PORTION OF THE DISTRICT'S TERRITORY.  THE  494          

MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL BE INITIALLY      496          

CONVENED AND CHAIRED BY THE STATE SUPERINTENDENT OF PUBLIC         497          

INSTRUCTION, WHO SHALL SERVE AS A NONVOTING MEMBER FOR THE FIRST                

TWO YEARS OF THE PANEL'S EXISTENCE, AND SHALL CONSIST OF ELEVEN    498          

PERSONS SELECTED AS FOLLOWS:                                       499          

      (1)  THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE    501          

SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE          502          

DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION       504          

SELECTED BY THE STATE SUPERINTENDENT;                                           

      (2)  THREE PERSONS APPOINTED BY THE MAYOR;                   506          

      (3)  ONE PERSON APPOINTED BY THE PRESIDENT OF THE            508          

LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE       509          

GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY;     510          

      (4)  ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING      512          

REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS;                  513          

      (5)  ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL    515          

DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE  516          

                                                          14     

                                                                 
SUPERINTENDENT;                                                                 

      (6)  ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED  518          

BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR;  519          

      (7)  ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF     521          

HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT      522          

APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.       523          

THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT ONE    525          

OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER THE   526          

DATE OF THE FIRST MEETING OF THE PANEL AT WHICH TIME THE STATE     527          

SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER CONVENE OR    528          

CHAIR THE PANEL.  THEREAFTER, THE PANEL SHALL MEET AS NECESSARY    529          

TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON.  ALL MEMBERS   530          

OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE APPOINTING                      

AUTHORITY.  VACANCIES ON THE PANEL SHALL BE FILLED IN THE SAME     531          

MANNER AS THE INITIAL APPOINTMENTS.                                532          

      (D)  NO INDIVIDUAL SHALL BE APPOINTED PURSUANT TO DIVISION   534          

(B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS BEEN          536          

NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL                        

DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE.  AT ANY GIVEN TIME,  538          

FOUR OF THE NINE MEMBERS APPOINTED BY THE MAYOR TO SERVE ON THE    539          

BOARD PURSUANT TO EITHER DIVISION (B) OR (F) OF THIS SECTION       541          

SHALL HAVE DISPLAYED, PRIOR TO APPOINTMENT, SIGNIFICANT EXPERTISE               

IN EITHER THE EDUCATION FIELD, FINANCE, OR BUSINESS MANAGEMENT.    542          

AT ALL TIMES AT LEAST ONE MEMBER OF THE BOARD SHALL BE AN          543          

INDIVIDUAL WHO RESIDES IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT    544          

IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF    545          

THE DISTRICT'S TERRITORY.                                                       

      (E)  THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED PURSUANT   547          

TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON THE NEXT           548          

THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION REQUIRED   549          

BY SECTION 3311.73 OF THE REVISED CODE.  THE MAYOR MAY, WITH THE   550          

ADVICE AND CONSENT OF THE NOMINATING PANEL, REMOVE ANY MEMBER      551          

APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF THIS        552          

SECTION FOR CAUSE.                                                              

                                                          15     

                                                                 
      (F)  IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION  555          

OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY       556          

SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE   558          

MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING                  

PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED        559          

PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION.  FIVE OF  560          

THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR       562          

TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS,     563          

EACH TERM BEGINNING ON THE FIRST DAY OF JULY.  THEREAFTER, THE                  

MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER  564          

AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION.  THE  566          

MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED   567          

BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE                

THE NUMBER OF MEMBERS TO BE APPOINTED, INCLUDING AT LEAST TWO WHO  568          

RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL   569          

CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S      570          

TERRITORY.                                                                      

      Sec. 3311.72.  THIS SECTION DOES NOT APPLY TO ANY            572          

PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR WHO IS      574          

EMPLOYED TO PERFORM ADMINISTRATIVE FUNCTIONS PRIMARILY WITHIN ONE  575          

SCHOOL BUILDING.                                                                

      (A)  ON THE EFFECTIVE DATE OF THE ASSUMPTION OF CONTROL OF   578          

THE SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION PURSUANT TO      579          

DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, THE           581          

TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT             582          

SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT   583          

SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD.  AS USED IN THIS     584          

SECTION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN SECTION  585          

3319.02 OF THE REVISED CODE.                                       586          

      (B)  NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE:      588          

      (1)(a)  UNTIL THIRTY MONTHS AFTER THE DATE OF THE            590          

ASSUMPTION OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT BY A BOARD    592          

PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE,   593          

THE MAYOR SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY                

                                                          16     

                                                                 
VACANCIES OCCURRING IN THAT POSITION.                              594          

      (b)  AFTER THE BOARD APPOINTED PURSUANT TO DIVISION (B) OF   597          

SECTION 3311.71 OF THE REVISED CODE HAS BEEN IN CONTROL OF A       599          

MUNICIPAL SCHOOL DISTRICT FOR THIRTY MONTHS, THE MAYOR SHALL       601          

APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES                      

OCCURRING IN THAT POSITION, WITH THE CONCURRENCE OF THE BOARD.     602          

      (2)  AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A  604          

MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF   605          

SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE   607          

CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT   608          

POSITION, WITH THE CONCURRENCE OF THE MAYOR.                                    

      (3)  AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF        610          

EXECUTIVE OFFICER DESCRIBED IN DIVISION (B)(1) OR (2) OF THIS      611          

SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT        612          

INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE  613          

TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT     615          

SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL      616          

CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE INDIVIDUAL  617          

WILL SERVE AT THE PLEASURE OF THE BOARD, WITH THE MAYOR'S                       

CONCURRENCE REQUIRED FOR REMOVAL.                                  618          

      (C)  THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF       620          

FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING     621          

OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER          622          

ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER     623          

SHALL DETERMINE TO BE NECESSARY.  THE CHIEF EXECUTIVE OFFICER      624          

SHALL ALSO APPOINT AN OMBUDSPERSON WHO SHALL ANSWER QUESTIONS AND               

SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND        625          

GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS.                  626          

      A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A        628          

SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE        629          

REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22    630          

OF THE REVISED CODE.  IN ADDITION TO THE RIGHTS, AUTHORITY AND                  

DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF        631          

FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED    632          

                                                          17     

                                                                 
CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER  633          

SHALL HAVE ALL OF THE RIGHTS, AUTHORITY AND DUTIES CONFERRED UPON  634          

THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF A                  

BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE     635          

NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED   636          

CODE.                                                                           

      (D)  NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED  638          

CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A   639          

MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL     640          

HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS  642          

AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF                      

EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH         643          

CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE        644          

APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE   645          

APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE        646          

OFFICER.                                                                        

      (E)  THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR  648          

EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN   649          

THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE         650          

NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY   651          

SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE                 

SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD.           652          

      (F)  NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF   655          

THE REVISED CODE, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE               

REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT.              656          

      Sec. 3311.73.  (A)  AT THE GENERAL ELECTION HELD IN THE      658          

FIRST EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE   660          

DATE THE NEW BOARD ASSUMED OF CONTROL OF A MUNICIPAL SCHOOL                     

DISTRICT PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE        662          

REVISED CODE, THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE     663          

ELECTORS RESIDING IN THE SCHOOL DISTRICT:                                       

      "SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE        665          

APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE     666          

MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE     667          

                                                          18     

                                                                 
NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?"                      668          

      THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY   670          

OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL       671          

NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE   672          

ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND      673          

CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT  675          

FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH     676          

ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE      677          

QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN     678          

SUCH PART TO AN ADJOINING PRECINCT.  SUCH AN ASSIGNMENT MAY BE     679          

MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT   680          

AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY.       681          

NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF        682          

GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE   683          

CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON    684          

WHICH THE ELECTION IS BEING HELD.  THE BALLOT SHALL BE IN THE      685          

FORM PRESCRIBED BY THE SECRETARY OF STATE.                         686          

      (B)  IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED  688          

IN DIVISION (A) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR    689          

SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY   690          

OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE         691          

REVISED CODE.                                                      692          

      (C)  IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED  695          

IN DIVISION (A) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW     697          

SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT       698          

REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR.    699          

AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR  700          

YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS.   701          

THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER   702          

AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A      703          

CITY SCHOOL DISTRICT.  ALL MEMBERS OF THE BOARD OF EDUCATION OF A  705          

MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF    706          

SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER  708          

THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR      709          

                                                          19     

                                                                 
SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH      710          

SECTION 3313.09 OF THE REVISED CODE.                                            

      Sec. 3311.74.  THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL    712          

SCHOOL DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A   713          

PLAN TO MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL        715          

WITHIN THE DISTRICT.  WHERE MEASUREMENTS DEMONSTRATE THAT          716          

STUDENTS IN PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT       717          

IMPROVING THEIR ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE      718          

PLAN SHALL CONTAIN PROVISIONS REQUIRING THE CHIEF EXECUTIVE        719          

OFFICER, WITH THE CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE     720          

ACTION WITHIN THOSE SCHOOLS.                                                    

      ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A REPORT    722          

TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF ACHIEVEMENT  723          

MEASUREMENTS MADE UNDER THIS SECTION AND DELINEATES THE NATURE OF  725          

ANY REFORMS AND CORRECTIVE ACTIONS BEING TAKEN IN RESPONSE TO ANY  726          

FAILURE TO ACHIEVE AT AN ACCEPTABLE LEVEL OR RATE.  THE REPORT                  

SHALL ALSO CONTAIN DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE   727          

THE OVERALL QUALITY OR EFFICIENCY OF OPERATION OF THE DISTRICT,    728          

SHALL LIST THE SOURCE OF ALL DISTRICT REVENUES, AND SHALL CONTAIN  729          

A DESCRIPTION OF ALL DISTRICT EXPENDITURES DURING THE PRECEDING    730          

FISCAL YEAR.                                                       731          

      Sec. 3311.75.  (A)  A BOARD OF EDUCATION APPOINTED BY THE    733          

MAYOR PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE    735          

REVISED CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS  736          

OR PROPERTY OF ANY MUNICIPAL CORPORATION.  THE BUDGETS OF THE                   

MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE   737          

ESTIMATED, PLANNED, AND FINANCED SEPARATELY.  AT NO TIME SHALL     738          

ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE  739          

COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND         740          

ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY             741          

INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL           742          

CORPORATION.                                                                    

      (B)  THE BOARD OF A MUNICIPAL SCHOOL DISTRICT SHALL ADOPT    745          

AND FOLLOW PROCEDURES FOR THE AWARD OF ALL CONTRACTS FOR SUPPLIES               

                                                          20     

                                                                 
OR SERVICES INVOLVING THE EXPENDITURE OF FIFTY THOUSAND DOLLARS    746          

OR MORE IN ANY ONE FISCAL YEAR AFTER A COMPETITIVE BID OR REQUEST  748          

FOR PROPOSAL PROCESS.  THIS DIVISION IS SUPPLEMENTAL TO SECTION    749          

3313.46 OF THE REVISED CODE.  THIS DIVISION DOES NOT APPLY TO      751          

CONTRACTS OF EMPLOYMENT OR TO CONTRACTS FOR PROFESSIONAL           752          

SERVICES; TO CONTRACTS FOR THE SECURITY AND PROTECTION OF SCHOOL   753          

PROPERTY; IN CASES OF URGENT NECESSITY AS DETERMINED BY            754          

TWO-THIRDS VOTE OF THE BOARD; OR IN ANY OF THE SITUATIONS          755          

DESCRIBED IN DIVISION (B) OF SECTION 3313.46 OF THE REVISED CODE   757          

TO WHICH THE BID PROCESS OF DIVISION (A) OF THAT SECTION DOES NOT  759          

APPLY.                                                                          

      Sec. 3311.76.  (A)  NOTWITHSTANDING CHAPTERS 3302. AND       761          

3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT    762          

CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC         763          

INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES  764          

ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY      765          

RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO     766          

3319.21, OR CHAPTER 3323. OF THE REVISED CODE, AND MAY AUTHORIZE                

A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE        767          

DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE     768          

SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES,    769          

TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC            770          

OBLIGATIONS.  THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH                

THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED     771          

AND THE REASONS FOR THE REQUEST.  THE STATE SUPERINTENDENT SHALL   772          

APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED      773          

EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE            774          

DISTRICT'S STUDENTS.  THE SUPERINTENDENT SHALL APPROVE OR                       

DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE     775          

DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF         776          

APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST.                  777          

      (B)  IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES        779          

CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF        780          

EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A    781          

                                                          21     

                                                                 
MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE      782          

RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL         784          

DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH       785          

SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE.                   786          

      Sec. 3311.77.  (A)  WITHIN SIXTY DAYS OF THE INITIAL         788          

CONVENING OF THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL AS     789          

REQUIRED BY DIVISION (C) OF SECTION 3311.71 OF THE REVISED CODE,   791          

THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ESTABLISH     792          

THE COMMUNITY OVERSIGHT COMMITTEE TO REVIEW AND EVALUATE THE       793          

MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN FOR ANY MUNICIPAL       794          

SCHOOL DISTRICT AS REQUIRED BY SECTIONS 3311.71 TO 3311.76 OF THE  795          

REVISED CODE.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT,  797          

AND EACH YEAR THEREAFTER, THE COMMITTEE SHALL SUBMIT A WRITTEN                  

REPORT TO THE FINANCE COMMITTEE OF EACH HOUSE OF THE GENERAL       798          

ASSEMBLY.  THE REPORT SHALL ADDRESS THE FINANCIAL, OPERATIONAL,    799          

ACADEMIC, COMMUNITY, AND OTHER RELEVANT ISSUES INVOLVING THE       801          

SCHOOL DISTRICT AS A RESULT OF THE IMPLEMENTATION OF THE MAYORAL   803          

APPOINTMENT SCHOOL GOVERNANCE PLAN.  COMMUNITY OVERSIGHT                        

COMMITTEE MEMBERS SHALL TESTIFY BEFORE THE FINANCE COMMITTEE OF    804          

EITHER HOUSE OF THE GENERAL ASSEMBLY CONCERNING THE COMMITTEE'S    806          

REPORT IF SO REQUESTED TO DO SO BY THE CHAIRPERSON OF EITHER       808          

FINANCE COMMITTEE.                                                              

      (B)  THE COMMUNITY OVERSIGHT COMMITTEE SHALL CONSIST OF      811          

FIFTEEN MEMBERS.  MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY                

THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL, WHICH SHALL ALSO   812          

DESIGNATE ONE MEMBER OF THE COMMITTEE AS THE CHAIRPERSON.  THE     813          

MEMBERS SHALL BE APPOINTED TO FOUR-YEAR TERMS, EACH TERM           814          

BEGINNING ON THE FIRST DAY OF JANUARY.  THE CHIEF EXECUTIVE        815          

OFFICER OF THE MUNICIPAL SCHOOL DISTRICT, APPOINTED IN ACCORDANCE  816          

WITH SECTION 3311.72 OF THE REVISED CODE, SHALL SERVE AS A         818          

NONVOTING MEMBER OF THE COMMITTEE.  NO INDIVIDUAL SHALL BE                      

APPOINTED TO THE COMMITTEE UNLESS THE INDIVIDUAL RESIDES IN AND    819          

IS A PARENT OR GUARDIAN OF A CHILD ATTENDING A PUBLIC SCHOOL IN    820          

THE MUNICIPAL SCHOOL DISTRICT.  AN INDIVIDUAL CAN BE APPOINTED TO  822          

                                                          22     

                                                                 
SERVE MULTIPLE TERMS.                                                           

      (C)  MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT            824          

COMPENSATION AND SHALL BE SUBJECT TO REMOVAL BY THE NOMINATING     825          

PANEL FOR CAUSE.                                                   826          

      (D)  THE COMMITTEE SHALL END AT SUCH TIME AS THE MAYORAL     829          

APPOINTMENT GOVERNANCE PLAN, AS REQUIRED BY SECTIONS 3311.71 TO                 

3311.76 OF THE REVISED CODE, IS DISCONTINUED WITHIN THE MUNICIPAL  831          

SCHOOL DISTRICT BY ANY MEANS OF LAW OR COURT ORDER.                832          

      Sec. 3313.02.  Notwithstanding division (D) of section       841          

3311.19 and division (D) of section 3311.52 of the Revised Code,   842          

this section and sections 3313.03 to 3313.09 of the Revised Code   843          

do not apply to a joint vocational or cooperative education        844          

school district.  THIS SECTION DOES NOT APPLY TO A MUNICIPAL       845          

SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO      846          

DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE.        847          

      In city school districts containing, according to the last   849          

federal census, a population of less than fifty thousand persons,  850          

the board of education shall consist of not less than three nor    851          

more than five members elected at large by the qualified electors  852          

of such district.                                                  853          

      In city school districts containing, according to the last   855          

federal census, a population of fifty thousand or more, but less   856          

than one hundred fifty thousand persons, the board shall consist   857          

of not less than two nor more than seven members elected at large  858          

and not more than two members elected from subdistricts by the     859          

qualified electors of their respective subdistricts.               860          

      In city school districts containing, according to the last   862          

federal census, a population of one hundred fifty thousand         863          

persons or more, the board shall consist of not less than five     864          

nor more than seven members elected at large by the qualified      865          

electors of such district.                                         866          

      Sec. 3313.04.  If THIS SECTION AND SECTIONS 3313.05 TO       875          

3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL   876          

DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY   877          

                                                          23     

                                                                 
SECTION 3311.73 OF THE REVISED CODE.                                            

      IF, at any time, a petition signed by ten per cent of the    880          

electors in any city district is filed with the treasurer of the   881          

board of education of such district asking that the question,      882          

"what shall be the number of members and what shall be the         883          

organization of the board of education of such district," be       884          

submitted to the electors thereof, such board of education shall   885          

within thirty days after the filing of such petition provide by    886          

resolution for submitting such question to the electors of such    887          

district.  Such question shall not be submitted to a referendum    888          

vote more than once in any period of four years and the            889          

percentage of electors required to sign such petition shall be     890          

based upon the total vote cast at the most recent regular          892          

municipal election.                                                             

      Said resolution shall require that such question be          894          

submitted at the next regular municipal election and shall also    895          

provide for the appointment of a commission to frame two or more   896          

plans of organization for submission.  Except as otherwise         897          

provided in this section, the commission shall consist of seven    898          

members, three of whom shall be appointed by the president of the  899          

board of education of such district, two by the mayor of the city  900          

in which such district is located, and two by the president of     901          

the board of sinking fund trustees of such city.  If a city does   902          

not have a board of sinking fund trustees, the city treasurer or   903          

the officer who exercises the functions of a treasurer shall       904          

appoint two members.                                               905          

      When a school district has territory in more than one city,  907          

the commission shall consist of three members appointed by the     908          

president of the board of education, one member appointed by the   909          

mayor of each city in which the district has territory, and one    910          

member appointed by the president of the board of sinking fund     911          

trustees of each such city.  If any city does not have a board of  912          

sinking fund trustees, that city's treasurer or the officer who    913          

exercises the functions of a treasurer shall appoint one member.   914          

                                                          24     

                                                                 
      A certified copy of said resolution shall immediately after  916          

its passage be transmitted to the mayor and president of the       917          

board of sinking fund trustees of the city or cities in which the  918          

district has territory, and such commission shall be appointed     919          

and shall organize within sixty days after the passage of said     920          

resolution.                                                        921          

      Sec. 3313.11.  Notwithstanding division (D) of section       930          

3311.19 and division (D) of section 3311.52 of the Revised Code,   931          

this section does not apply to any joint vocational or             932          

cooperative education school district.                             933          

      A vacancy in any board of education may be caused by death,  935          

nonresidence, resignation, removal from office, failure of a       936          

person elected or appointed to qualify within ten days after the   937          

organization of the board or of his appointment or election,       938          

removal from the district, or absence from meetings of the board   939          

for a period of ninety days, if such absence is caused by reasons  940          

declared insufficient by a two-thirds vote of the remaining        941          

members of the board, which vote must be taken and entered upon    942          

the records of the board not less than thirty days after such      943          

absence.  Any                                                      944          

      IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT    946          

TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE,     947          

THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL     948          

FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE     949          

THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST       950          

THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT                         

NOMINATING PANEL ESTABLISHED UNDER THAT SECTION.  IF THE MEMBER    952          

CREATING THE VACANCY RESIDES IN A MUNICIPAL SCHOOL DISTRICT BUT    953          

NOT IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION   954          

OF THE DISTRICT'S TERRITORY, THE INDIVIDUALS INCLUDED ON SUCH      955          

SLATE SHALL ALSO RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT   956          

IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF    957          

THE DISTRICT'S TERRITORY.                                          958          

      IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD     960          

                                                          25     

                                                                 
SHALL FILL ANY such vacancy shall be filled by the board at its    961          

next regular or special meeting, not earlier than ten days after   962          

such vacancy occurs.  A majority vote of all the remaining         963          

members of the board may fill any such vacancy.  Immediately       964          

after such a vote, the treasurer of the board of education shall   965          

give written notice to the board of elections responsible for      966          

conducting elections for that school district that a vacancy has   967          

been filled, and the name of the person appointed to fill the      968          

vacancy.  Each person selected by the board or probate court to    969          

fill a vacancy shall hold office for the shorter of the following  970          

periods:  until the completion of the unexpired term, or until     971          

the first day of January immediately following the next regular    972          

board of education election taking place more than ninety days     973          

after a person is selected by the board or probate court to fill   974          

the vacancy.  At that election, a special election to fill the     975          

vacancy shall be held in accordance with laws controlling regular  976          

elections for board of education members, except that no such      977          

special election shall be held if the unexpired term ends on or    978          

before the first day of January immediately following that         979          

regular board of education election.  The term of a person chosen  980          

at a special election under this section shall begin on the first  981          

day of January immediately following the election, and he THE      982          

PERSON shall serve for the remainder of the unexpired term.        983          

Whenever the need for a special election under this section        984          

becomes known, the board of education shall immediately give       985          

written notice of this fact to the board of elections responsible  986          

for conducting the regular board of education election for that    987          

school district.                                                                

      The term of a board of education member shall not be         989          

lengthened by his THE MEMBER'S resignation and subsequent          990          

selection by the board or probate court under this section.        991          

      Sec. 3313.70.  No member of the board of education in any    1,000        

district shall be eligible to the appointment of school            1,001        

physician, school dentist, or school nurse during the period for   1,002        

                                                          26     

                                                                 
which he THE MEMBER is elected OR APPOINTED.                       1,003        

      Sec. 3315.15.  Any city, local, or exempted village board    1,012        

of education may by resolution set aside each year from the        1,013        

general fund a sum not to exceed two dollars for each child        1,014        

enrolled in the district, or twenty thousand dollars, whichever    1,015        

is greater.  Any educational service center governing board may    1,017        

by resolution set aside each year from the educational service     1,018        

center fund a sum not to exceed twenty thousand dollars.  The      1,019        

amount set aside shall be placed in a fund known as the "service   1,020        

fund," which shall be used only in paying the expenses of members  1,021        

of such boards of education and educational service center         1,022        

governing boards actually incurred in the performance of their     1,023        

duties, or in paying the expenses of members-elect MEMBERS-TO-BE   1,024        

of such boards actually incurred in training and orientation to    1,025        

the performance of their duties from the date of election OR       1,026        

APPOINTMENT to the date of administration of the oath of office.   1,027        

Such payments shall be made only in such amount as may be          1,028        

approved by the board on statement of the several members or       1,029        

members-elect MEMBERS-TO-BE furnished at the next succeeding       1,030        

regular meeting of such board.  No board shall appropriate or                   

expend a sum greater than sixty thousand dollars in any one        1,031        

school year from such service fund.                                1,032        

      Sec. 3316.06.  (A)  Within sixty days after the first        1,042        

meeting of a school district financial planning and supervision                 

commission, the commission shall adopt a financial recovery plan   1,043        

regarding the school district for which the commission was         1,044        

created.  During the formulation of the plan, the commission       1,045        

shall seek appropriate input from the school district board and    1,046        

from the community.  This plan shall contain the following:                     

      (1)  Actions to be taken to:                                 1,048        

      (a)  Eliminate all fiscal emergency conditions declared to   1,051        

exist pursuant to division (B) of section 3316.03 of the Revised                

Code;                                                                           

      (b)  Satisfy any judgments, past due accounts payable, and   1,053        

                                                          27     

                                                                 
all past due and payable payroll and fringe benefits;              1,054        

      (c)  Eliminate the deficits in all deficit funds;            1,056        

      (d)  Restore to special funds any moneys from such funds     1,058        

that were used for purposes not within the purposes of such        1,060        

funds, or borrowed from such funds by the purchase of debt         1,061        

obligations of the school district with the moneys of such funds,  1,062        

or missing from the special funds and not accounted for, if any;   1,063        

      (e)  Balance the budget, avoid future deficits in any        1,065        

funds, and maintain on a current basis payments of payroll,        1,066        

fringe benefits, and all accounts;                                 1,067        

      (f)  Avoid any fiscal emergency condition in the future;     1,069        

      (g)  Restore the ability of the school district to market    1,071        

long-term general obligation bonds under provisions of law         1,072        

applicable to school districts generally.                          1,073        

      (2)  The management structure that will enable the school    1,075        

district to take the actions enumerated in division (A)(1) of      1,076        

this section.  The plan shall specify the level of fiscal and      1,077        

management control that the commission will exercise within the    1,078        

school district during the period of fiscal emergency, and shall   1,079        

enumerate respectively, the powers and duties of the commission    1,080        

and the powers and duties of the school board during that period.  1,081        

The commission may elect to assume any of the powers and duties                 

of the school board it considers necessary, including all powers   1,082        

related to personnel, curriculum, and legal issues in order to     1,083        

successfully implement the actions described in division (A)(1)    1,084        

of this section.                                                                

      (3)  The target dates for the commencement, progress upon,   1,087        

and completion of the actions enumerated in division (A)(1) of     1,088        

this section and a reasonable period of time expected to be        1,089        

required to implement the plan.  The commission shall prepare a                 

reasonable time schedule for progress toward and achievement of    1,091        

the requirements for the plan, and the plan shall be consistent    1,092        

with that time schedule.                                                        

      (4)  The amount and purpose of any issue of debt             1,094        

                                                          28     

                                                                 
obligations that will be issued, together with assurances that     1,095        

any such debt obligations that will be issued will not exceed      1,096        

debt limits supported by appropriate certifications by the fiscal  1,097        

officer of the school district and the county auditor.  If the     1,098        

commission considers it necessary in order to maintain or improve  1,100        

educational opportunities of pupils in the school district, the    1,101        

plan may include a proposal to restructure or refinance            1,102        

outstanding debt obligations incurred by the board contingent                   

upon the approval, during the period of the fiscal emergency, by   1,103        

district voters of a tax levied under section 718.09, 718.10,      1,104        

5705.194, 5705.21, or 5748.02 of the Revised Code.                 1,105        

Notwithstanding any provision of Chapter 133. or sections          1,106        

3313.483 through 3313.4811 of the Revised Code, FOLLOWING THE      1,107        

REQUIRED APPROVAL OF THE DISTRICT VOTERS AND WITH THE APPROVAL OF  1,108        

THE COMMISSION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO                     

EVIDENCE the restructuring or refinancing.  THOSE SECURITIES may   1,110        

extend the original period for repayment, and may alter the        1,111        

frequency and amount of repayments, interest or other financing    1,112        

charges, and other terms of agreements under which the debt                     

originally was contracted, at the discretion of the commission,    1,113        

provided that any loans received pursuant to section 3313.483 of   1,114        

the Revised Code shall be paid from funds the district would       1,115        

otherwise receive under sections 3317.022 to 3317.025 of the       1,116        

Revised Code, as required under division (E)(3) of section                      

3313.483 of the Revised Code.                                      1,117        

      (B)  Any financial recovery plan may be amended subsequent   1,119        

to its adoption.                                                   1,120        

      Sec. 3329.08.  At any regular meeting, the board of          1,130        

education of each local school district, from lists adopted by     1,131        

the educational service center governing board, and the board of   1,132        

education of each city and exempted village school district shall  1,133        

determine by a majority vote of all members elected OR APPOINTED   1,134        

which of such textbooks so filed shall be used in the schools      1,135        

under its control.  No textbooks shall be changed, nor any part    1,136        

                                                          29     

                                                                 
thereof altered or revised, nor any other textbook substituted     1,137        

therefor, within four years after the date of selection and                     

adoption thereof, as shown by the official records of such         1,138        

boards, except by the consent, at a regular meeting, of            1,139        

four-fifths of all members elected thereto.  Books so substituted  1,140        

shall be adopted for the full term of four years.                  1,141        

      Section 2.  That existing sections 102.02, 3313.02,          1,143        

3313.04, 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 of the    1,144        

Revised Code are hereby repealed.                                  1,145        

      Section 3.  Section 102.02 of the Revised Code is presented  1,147        

in this act as a composite of the section as amended by both Am.   1,149        

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      1,151        

letters.  This is in recognition of the principle stated in        1,152        

division (B) of section 1.52 of the Revised Code that such         1,153        

amendments are to be harmonized where not substantively            1,154        

irreconcilable and constitutes a legislative finding that such is  1,155        

the resulting version in effect prior to the effective date of     1,156        

this act.