As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 269 5
1997-1998 6
REPRESENTATIVES WISE-BATCHELDER-HOTTINGER-TAYLOR-CORBIN-TIBERI- 8
KASPUTIS-CATES 9
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A B I L L
To amend sections 102.02, 3313.02, 3313.04, 3313.11, 13
3313.70, 3315.15, 3316.06, and 3329.08 and to 14
enact sections 3311.71 to 3311.77 of the Revised 15
Code to authorize the mayor of a municipal 16
corporation to appoint a nine-member school board 17
in a municipal school district operating under a 18
federal court order and to permit the voters to 19
decide four or more years later whether or not to 20
continue that method of selecting school board 21
members or to return to an elected board. 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, 3311.76, 28
and 3311.77 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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3345.011 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 259
dues.;
(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
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121.63 of the Revised Code who receives a statement from a 278
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
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A statement filed under this section is subject to public 321
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
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district or educational service center. The Ohio ethics 357
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
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For state office, except member of 397
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
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exceed one hundred dollars. 434
(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 3311.77 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
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A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND 477
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, AT LEAST THREE OF WHOM RESIDE IN THE
MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL CORPORATION 494
CONTAINING THE GREATEST PORTION OF THE DISTRICT'S TERRITORY. THE 495
MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL BE INITIALLY 497
CONVENED AND CHAIRED BY THE STATE SUPERINTENDENT OF PUBLIC 498
INSTRUCTION, WHO SHALL SERVE AS A NONVOTING MEMBER FOR THE FIRST
TWO YEARS OF THE PANEL'S EXISTENCE, AND SHALL CONSIST OF ELEVEN 499
PERSONS SELECTED AS FOLLOWS: 500
(1) THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE 502
SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE 503
DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION 505
SELECTED BY THE STATE SUPERINTENDENT;
(2) THREE PERSONS APPOINTED BY THE MAYOR; 507
(3) ONE PERSON APPOINTED BY THE PRESIDENT OF THE 509
LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE 510
GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY; 511
(4) ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING 513
REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS; 514
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(5) ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL 516
DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE 517
SUPERINTENDENT;
(6) ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED 519
BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR; 520
(7) ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF 522
HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT 523
APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 524
THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT ONE 526
OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER THE 527
DATE OF THE FIRST MEETING OF THE PANEL AT WHICH TIME THE STATE 528
SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER CONVENE OR 529
CHAIR THE PANEL. THEREAFTER, THE PANEL SHALL MEET AS NECESSARY 530
TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON. ALL MEMBERS 531
OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE APPOINTING
AUTHORITY. VACANCIES ON THE PANEL SHALL BE FILLED IN THE SAME 532
MANNER AS THE INITIAL APPOINTMENTS. 533
(D) NO INDIVIDUAL SHALL BE APPOINTED PURSUANT TO DIVISION 535
(B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS BEEN 537
NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL
DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE. AT ANY GIVEN TIME, 539
FOUR OF THE NINE MEMBERS APPOINTED BY THE MAYOR TO SERVE ON THE 540
BOARD PURSUANT TO EITHER DIVISION (B) OR (F) OF THIS SECTION 542
SHALL HAVE DISPLAYED, PRIOR TO APPOINTMENT, SIGNIFICANT EXPERTISE
IN EITHER THE EDUCATION FIELD, FINANCE, OR BUSINESS MANAGEMENT. 543
AT ALL TIMES AT LEAST ONE MEMBER OF THE BOARD SHALL BE AN 544
INDIVIDUAL WHO RESIDES IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT 545
IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF 546
THE DISTRICT'S TERRITORY.
(E) THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED PURSUANT 548
TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON THE NEXT 549
THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION REQUIRED 550
BY SECTION 3311.73 OF THE REVISED CODE. THE MAYOR MAY, WITH THE 551
ADVICE AND CONSENT OF THE NOMINATING PANEL, REMOVE ANY MEMBER 552
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APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF THIS 553
SECTION FOR CAUSE.
(F) IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION 556
OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY 557
SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 559
MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING
PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED 560
PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION. FIVE OF 561
THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR 563
TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS, 564
EACH TERM BEGINNING ON THE FIRST DAY OF JULY. THEREAFTER, THE
MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER 565
AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION. THE 567
MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED 568
BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE
THE NUMBER OF MEMBERS TO BE APPOINTED, INCLUDING AT LEAST TWO WHO 569
RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL 570
CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S 571
TERRITORY.
Sec. 3311.72. THIS SECTION DOES NOT APPLY TO ANY 573
PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR WHO IS 575
EMPLOYED TO PERFORM ADMINISTRATIVE FUNCTIONS PRIMARILY WITHIN ONE 576
SCHOOL BUILDING.
(A) ON THE EFFECTIVE DATE OF THE ASSUMPTION OF CONTROL OF 579
THE SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION PURSUANT TO 580
DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, THE 582
TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT 583
SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT 584
SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD. AS USED IN THIS 585
SECTION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN SECTION 586
3319.02 OF THE REVISED CODE. 587
(B) NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE: 589
(1)(a) UNTIL THIRTY MONTHS AFTER THE DATE OF THE 591
ASSUMPTION OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT BY A BOARD 593
16
PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 594
THE MAYOR SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY
VACANCIES OCCURRING IN THAT POSITION. 595
(b) AFTER THE BOARD APPOINTED PURSUANT TO DIVISION (B) OF 598
SECTION 3311.71 OF THE REVISED CODE HAS BEEN IN CONTROL OF A 600
MUNICIPAL SCHOOL DISTRICT FOR THIRTY MONTHS, THE MAYOR SHALL 602
APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES
OCCURRING IN THAT POSITION, WITH THE CONCURRENCE OF THE BOARD. 603
(2) AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 605
MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 606
SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE 608
CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 609
POSITION, WITH THE CONCURRENCE OF THE MAYOR.
(3) AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF 611
EXECUTIVE OFFICER DESCRIBED IN DIVISION (B)(1) OR (2) OF THIS 612
SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT 613
INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE 614
TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT 616
SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL 617
CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE INDIVIDUAL 618
WILL SERVE AT THE PLEASURE OF THE BOARD, WITH THE MAYOR'S
CONCURRENCE REQUIRED FOR REMOVAL. 619
(C) THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF 621
FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING 622
OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER 623
ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER 624
SHALL DETERMINE TO BE NECESSARY. THE CHIEF EXECUTIVE OFFICER 625
SHALL ALSO APPOINT AN OMBUDSPERSON WHO SHALL ANSWER QUESTIONS AND
SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND 626
GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS. 627
A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A 629
SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE 630
REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22 631
OF THE REVISED CODE. IN ADDITION TO THE RIGHTS, AUTHORITY, AND
17
DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF 632
FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED 633
CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER 634
SHALL HAVE ALL OF THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED 635
UPON THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF 636
A BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE 637
NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 638
CODE.
(D) NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED 640
CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A 641
MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL 642
HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS 644
AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF
EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH 645
CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE 646
APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE 647
APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE 648
OFFICER.
(E) THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR 650
EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN 651
THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE 652
NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY 653
SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE
SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD. 654
(F) NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF 657
THE REVISED CODE, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE
REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT. 658
Sec. 3311.73. (A) AT THE GENERAL ELECTION HELD IN THE 660
FIRST EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE 662
DATE THE NEW BOARD ASSUMED CONTROL OF A MUNICIPAL SCHOOL DISTRICT
PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 664
THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE ELECTORS 665
RESIDING IN THE SCHOOL DISTRICT:
"SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE 667
18
APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE 668
MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE 669
NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?" 670
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY 672
OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL 673
NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE 674
ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND 675
CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT 677
FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH 678
ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE 679
QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN 680
SUCH PART TO AN ADJOINING PRECINCT. SUCH AN ASSIGNMENT MAY BE 681
MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT 682
AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY. 683
NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF 684
GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE 685
CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON 686
WHICH THE ELECTION IS BEING HELD. THE BALLOT SHALL BE IN THE 687
FORM PRESCRIBED BY THE SECRETARY OF STATE. 688
(B) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 690
IN DIVISION (A) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR 691
SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY 692
OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE 693
REVISED CODE. 694
(C) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 697
IN DIVISION (A) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW 699
SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT 700
REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR. 701
AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR 702
YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS. 703
THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER 704
AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A 705
CITY SCHOOL DISTRICT. ALL MEMBERS OF THE BOARD OF EDUCATION OF A 707
MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF 708
19
SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER 710
THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR 711
SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH 712
SECTION 3313.09 OF THE REVISED CODE.
Sec. 3311.74. THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL 714
SCHOOL DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A 715
PLAN TO MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL 717
WITHIN THE DISTRICT. WHERE MEASUREMENTS DEMONSTRATE THAT 718
STUDENTS IN PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT 719
IMPROVING THEIR ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE 720
PLAN SHALL CONTAIN PROVISIONS REQUIRING THE CHIEF EXECUTIVE 721
OFFICER, WITH THE CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE 722
ACTION WITHIN THOSE SCHOOLS.
ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A REPORT 724
TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF ACHIEVEMENT 725
MEASUREMENTS MADE UNDER THIS SECTION AND DELINEATES THE NATURE OF 727
ANY REFORMS AND CORRECTIVE ACTIONS BEING TAKEN IN RESPONSE TO ANY 728
FAILURE TO ACHIEVE AT AN ACCEPTABLE LEVEL OR RATE. THE REPORT
SHALL ALSO CONTAIN DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE 729
THE OVERALL QUALITY OR EFFICIENCY OF OPERATION OF THE DISTRICT, 730
SHALL LIST THE SOURCE OF ALL DISTRICT REVENUES, AND SHALL CONTAIN 731
A DESCRIPTION OF ALL DISTRICT EXPENDITURES DURING THE PRECEDING 732
FISCAL YEAR. 733
Sec. 3311.75. (A) A BOARD OF EDUCATION APPOINTED BY THE 735
MAYOR PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE 737
REVISED CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS 738
OR PROPERTY OF ANY MUNICIPAL CORPORATION. THE BUDGETS OF THE
MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE 739
ESTIMATED, PLANNED, AND FINANCED SEPARATELY. AT NO TIME SHALL 740
ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE 741
COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND 742
ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY 743
INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL 744
CORPORATION.
20
(B) THE BOARD OF A MUNICIPAL SCHOOL DISTRICT SHALL ADOPT 747
AND FOLLOW PROCEDURES FOR THE AWARD OF ALL CONTRACTS FOR SUPPLIES
OR SERVICES INVOLVING THE EXPENDITURE OF FIFTY THOUSAND DOLLARS 748
OR MORE IN ANY ONE FISCAL YEAR AFTER A COMPETITIVE BID OR REQUEST 750
FOR PROPOSAL PROCESS. THIS DIVISION IS SUPPLEMENTAL TO SECTION 751
3313.46 OF THE REVISED CODE. THIS DIVISION DOES NOT APPLY TO 753
CONTRACTS OF EMPLOYMENT OR TO CONTRACTS FOR PROFESSIONAL 754
SERVICES; TO CONTRACTS FOR THE SECURITY AND PROTECTION OF SCHOOL 755
PROPERTY; IN CASES OF URGENT NECESSITY AS DETERMINED BY 756
TWO-THIRDS VOTE OF THE BOARD; OR IN ANY OF THE SITUATIONS 757
DESCRIBED IN DIVISION (B) OF SECTION 3313.46 OF THE REVISED CODE 759
TO WHICH THE BID PROCESS OF DIVISION (A) OF THAT SECTION DOES NOT 761
APPLY.
Sec. 3311.76. (A) NOTWITHSTANDING CHAPTERS 3302. AND 763
3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT 764
CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC 765
INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES 766
ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY 767
RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO 768
3319.21, OR CHAPTER 3323. OF THE REVISED CODE, AND MAY AUTHORIZE
A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE 769
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE 770
SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES, 771
TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC 772
OBLIGATIONS. THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH
THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED 773
AND THE REASONS FOR THE REQUEST. THE STATE SUPERINTENDENT SHALL 774
APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED 775
EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE 776
DISTRICT'S STUDENTS. THE SUPERINTENDENT SHALL APPROVE OR
DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE 777
DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF 778
APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST. 779
(B) IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES 781
21
CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF 782
EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A 783
MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE 784
RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL 786
DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH 787
SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE. 788
Sec. 3311.77. (A) WITHIN SIXTY DAYS OF THE INITIAL 790
CONVENING OF THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL AS 791
REQUIRED BY DIVISION (C) OF SECTION 3311.71 OF THE REVISED CODE, 793
THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ESTABLISH 794
THE COMMUNITY OVERSIGHT COMMITTEE TO REVIEW AND EVALUATE THE 795
MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN FOR ANY MUNICIPAL 796
SCHOOL DISTRICT AS REQUIRED BY SECTIONS 3311.71 TO 3311.76 OF THE 797
REVISED CODE. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS 799
SECTION, AND EACH YEAR THEREAFTER, THE COMMITTEE SHALL SUBMIT A
WRITTEN REPORT TO THE FINANCE COMMITTEE OF EACH HOUSE OF THE 801
GENERAL ASSEMBLY. THE REPORT SHALL ADDRESS THE FINANCIAL, 802
OPERATIONAL, ACADEMIC, COMMUNITY, AND OTHER RELEVANT ISSUES 804
INVOLVING THE SCHOOL DISTRICT AS A RESULT OF THE IMPLEMENTATION 805
OF THE MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN. COMMUNITY 806
OVERSIGHT COMMITTEE MEMBERS SHALL TESTIFY BEFORE THE FINANCE 807
COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY CONCERNING THE 809
COMMITTEE'S REPORT IF SO REQUESTED TO DO SO BY THE CHAIRPERSON OF 811
EITHER FINANCE COMMITTEE.
(B) THE COMMUNITY OVERSIGHT COMMITTEE SHALL CONSIST OF 814
FIFTEEN MEMBERS. MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY
THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL, WHICH SHALL ALSO 815
DESIGNATE ONE MEMBER OF THE COMMITTEE AS THE CHAIRPERSON. THE 816
MEMBERS SHALL BE APPOINTED TO FOUR-YEAR TERMS, EACH TERM 817
BEGINNING ON THE FIRST DAY OF JANUARY. THE CHIEF EXECUTIVE 818
OFFICER OF THE MUNICIPAL SCHOOL DISTRICT, APPOINTED IN ACCORDANCE 819
WITH SECTION 3311.72 OF THE REVISED CODE, SHALL SERVE AS A 821
NONVOTING MEMBER OF THE COMMITTEE. NO INDIVIDUAL SHALL BE
APPOINTED TO THE COMMITTEE UNLESS THE INDIVIDUAL RESIDES IN AND 822
22
IS A PARENT OR GUARDIAN OF A CHILD ATTENDING A PUBLIC SCHOOL IN 823
THE MUNICIPAL SCHOOL DISTRICT. AN INDIVIDUAL CAN BE APPOINTED TO 825
SERVE MULTIPLE TERMS.
(C) MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 827
COMPENSATION AND SHALL BE SUBJECT TO REMOVAL BY THE NOMINATING 828
PANEL FOR CAUSE. 829
(D) THE COMMITTEE SHALL END AT SUCH TIME AS THE MAYORAL 832
APPOINTMENT GOVERNANCE PLAN, AS REQUIRED BY SECTIONS 3311.71 TO
3311.76 OF THE REVISED CODE, IS DISCONTINUED WITHIN THE MUNICIPAL 834
SCHOOL DISTRICT BY ANY MEANS OF LAW OR COURT ORDER. 835
Sec. 3313.02. Notwithstanding division (D) of section 844
3311.19 and division (D) of section 3311.52 of the Revised Code, 845
this section and sections 3313.03 to 3313.09 of the Revised Code 846
do not apply to a joint vocational or cooperative education 847
school district. THIS SECTION DOES NOT APPLY TO A MUNICIPAL 848
SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO 849
DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE. 850
In city school districts containing, according to the last 852
federal census, a population of less than fifty thousand persons, 853
the board of education shall consist of not less than three nor 854
more than five members elected at large by the qualified electors 855
of such district. 856
In city school districts containing, according to the last 858
federal census, a population of fifty thousand or more, but less 859
than one hundred fifty thousand persons, the board shall consist 860
of not less than two nor more than seven members elected at large 861
and not more than two members elected from subdistricts by the 862
qualified electors of their respective subdistricts. 863
In city school districts containing, according to the last 865
federal census, a population of one hundred fifty thousand 866
persons or more, the board shall consist of not less than five 867
nor more than seven members elected at large by the qualified 868
electors of such district. 869
Sec. 3313.04. If THIS SECTION AND SECTIONS 3313.05 TO 878
23
3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL 879
DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY 880
SECTION 3311.73 OF THE REVISED CODE.
IF, at any time, a petition signed by ten per cent of the 883
electors in any city district is filed with the treasurer of the 884
board of education of such district asking that the question, 885
"what shall be the number of members and what shall be the 886
organization of the board of education of such district," be 887
submitted to the electors thereof, such board of education shall 888
within thirty days after the filing of such petition provide by 889
resolution for submitting such question to the electors of such 890
district. Such question shall not be submitted to a referendum 891
vote more than once in any period of four years and the 892
percentage of electors required to sign such petition shall be 893
based upon the total vote cast at the most recent regular 895
municipal election.
Said resolution shall require that such question be 897
submitted at the next regular municipal election and shall also 898
provide for the appointment of a commission to frame two or more 899
plans of organization for submission. Except as otherwise 900
provided in this section, the commission shall consist of seven 901
members, three of whom shall be appointed by the president of the 902
board of education of such district, two by the mayor of the city 903
in which such district is located, and two by the president of 904
the board of sinking fund trustees of such city. If a city does 905
not have a board of sinking fund trustees, the city treasurer or 906
the officer who exercises the functions of a treasurer shall 907
appoint two members. 908
When a school district has territory in more than one city, 910
the commission shall consist of three members appointed by the 911
president of the board of education, one member appointed by the 912
mayor of each city in which the district has territory, and one 913
member appointed by the president of the board of sinking fund 914
trustees of each such city. If any city does not have a board of 915
24
sinking fund trustees, that city's treasurer or the officer who 916
exercises the functions of a treasurer shall appoint one member. 917
A certified copy of said resolution shall immediately after 919
its passage be transmitted to the mayor and president of the 920
board of sinking fund trustees of the city or cities in which the 921
district has territory, and such commission shall be appointed 922
and shall organize within sixty days after the passage of said 923
resolution. 924
Sec. 3313.11. Notwithstanding division (D) of section 933
3311.19 and division (D) of section 3311.52 of the Revised Code, 934
this section does not apply to any joint vocational or 935
cooperative education school district. 936
A vacancy in any board of education may be caused by death, 938
nonresidence, resignation, removal from office, failure of a 939
person elected or appointed to qualify within ten days after the 940
organization of the board or of his appointment or election, 941
removal from the district, or absence from meetings of the board 942
for a period of ninety days, if such absence is caused by reasons 943
declared insufficient by a two-thirds vote of the remaining 944
members of the board, which vote must be taken and entered upon 945
the records of the board not less than thirty days after such 946
absence. Any 947
IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT 949
TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE, 950
THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL 951
FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE 952
THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST 953
THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT
NOMINATING PANEL ESTABLISHED UNDER THAT SECTION. IF THE MEMBER 955
CREATING THE VACANCY RESIDES IN A MUNICIPAL SCHOOL DISTRICT BUT 956
NOT IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION 957
OF THE DISTRICT'S TERRITORY, THE INDIVIDUALS INCLUDED ON SUCH 958
SLATE SHALL ALSO RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT 959
IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF 960
25
THE DISTRICT'S TERRITORY. 961
IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD 963
SHALL FILL ANY such vacancy shall be filled by the board at its 964
next regular or special meeting, not earlier than ten days after 965
such vacancy occurs. A majority vote of all the remaining 966
members of the board may fill any such vacancy. Immediately 967
after such a vote, the treasurer of the board of education shall 968
give written notice to the board of elections responsible for 969
conducting elections for that school district that a vacancy has 970
been filled, and the name of the person appointed to fill the 971
vacancy. Each person selected by the board or probate court to 972
fill a vacancy shall hold office for the shorter of the following 973
periods: until the completion of the unexpired term, or until 974
the first day of January immediately following the next regular 975
board of education election taking place more than ninety days 976
after a person is selected by the board or probate court to fill 977
the vacancy. At that election, a special election to fill the 978
vacancy shall be held in accordance with laws controlling regular 979
elections for board of education members, except that no such 980
special election shall be held if the unexpired term ends on or 981
before the first day of January immediately following that 982
regular board of education election. The term of a person chosen 983
at a special election under this section shall begin on the first 984
day of January immediately following the election, and he THE 985
PERSON shall serve for the remainder of the unexpired term. 986
Whenever the need for a special election under this section 987
becomes known, the board of education shall immediately give 988
written notice of this fact to the board of elections responsible 989
for conducting the regular board of education election for that 990
school district.
The term of a board of education member shall not be 992
lengthened by his THE MEMBER'S resignation and subsequent 993
selection by the board or probate court under this section. 994
Sec. 3313.70. No member of the board of education in any 1,003
26
district shall be eligible to the appointment of school 1,004
physician, school dentist, or school nurse during the period for 1,005
which he THE MEMBER is elected OR APPOINTED. 1,006
Sec. 3315.15. Any city, local, or exempted village board 1,015
of education may by resolution set aside each year from the 1,016
general fund a sum not to exceed two dollars for each child 1,017
enrolled in the district, or twenty thousand dollars, whichever 1,018
is greater. Any educational service center governing board may 1,020
by resolution set aside each year from the educational service 1,021
center fund a sum not to exceed twenty thousand dollars. The 1,022
amount set aside shall be placed in a fund known as the "service 1,023
fund," which shall be used only in paying the expenses of members 1,024
of such boards of education and educational service center 1,025
governing boards actually incurred in the performance of their 1,026
duties, or in paying the expenses of members-elect MEMBERS-TO-BE 1,027
of such boards actually incurred in training and orientation to 1,028
the performance of their duties from the date of election OR 1,029
APPOINTMENT to the date of administration of the oath of office. 1,030
Such payments shall be made only in such amount as may be 1,031
approved by the board on statement of the several members or 1,032
members-elect MEMBERS-TO-BE furnished at the next succeeding 1,033
regular meeting of such board. No board shall appropriate or
expend a sum greater than sixty thousand dollars in any one 1,034
school year from such service fund. 1,035
Sec. 3316.06. (A) Within sixty days after the first 1,045
meeting of a school district financial planning and supervision
commission, the commission shall adopt a financial recovery plan 1,046
regarding the school district for which the commission was 1,047
created. During the formulation of the plan, the commission 1,048
shall seek appropriate input from the school district board and 1,049
from the community. This plan shall contain the following:
(1) Actions to be taken to: 1,051
(a) Eliminate all fiscal emergency conditions declared to 1,054
exist pursuant to division (B) of section 3316.03 of the Revised
27
Code;
(b) Satisfy any judgments, past due accounts payable, and 1,056
all past due and payable payroll and fringe benefits; 1,057
(c) Eliminate the deficits in all deficit funds; 1,059
(d) Restore to special funds any moneys from such funds 1,061
that were used for purposes not within the purposes of such 1,063
funds, or borrowed from such funds by the purchase of debt 1,064
obligations of the school district with the moneys of such funds, 1,065
or missing from the special funds and not accounted for, if any; 1,066
(e) Balance the budget, avoid future deficits in any 1,068
funds, and maintain on a current basis payments of payroll, 1,069
fringe benefits, and all accounts; 1,070
(f) Avoid any fiscal emergency condition in the future; 1,072
(g) Restore the ability of the school district to market 1,074
long-term general obligation bonds under provisions of law 1,075
applicable to school districts generally. 1,076
(2) The management structure that will enable the school 1,078
district to take the actions enumerated in division (A)(1) of 1,079
this section. The plan shall specify the level of fiscal and 1,080
management control that the commission will exercise within the 1,081
school district during the period of fiscal emergency, and shall 1,082
enumerate respectively, the powers and duties of the commission 1,083
and the powers and duties of the school board during that period. 1,084
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 1,085
related to personnel, curriculum, and legal issues in order to 1,086
successfully implement the actions described in division (A)(1) 1,087
of this section.
(3) The target dates for the commencement, progress upon, 1,090
and completion of the actions enumerated in division (A)(1) of 1,091
this section and a reasonable period of time expected to be 1,092
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 1,094
the requirements for the plan, and the plan shall be consistent 1,095
28
with that time schedule.
(4) The amount and purpose of any issue of debt 1,097
obligations that will be issued, together with assurances that 1,098
any such debt obligations that will be issued will not exceed 1,099
debt limits supported by appropriate certifications by the fiscal 1,100
officer of the school district and the county auditor. If the 1,101
commission considers it necessary in order to maintain or improve 1,103
educational opportunities of pupils in the school district, the 1,104
plan may include a proposal to restructure or refinance 1,105
outstanding debt obligations incurred by the board contingent
upon the approval, during the period of the fiscal emergency, by 1,106
district voters of a tax levied under section 718.09, 718.10, 1,107
5705.194, 5705.21, or 5748.02 of the Revised Code. 1,108
Notwithstanding any provision of Chapter 133. or sections 1,109
3313.483 through 3313.4811 of the Revised Code, FOLLOWING THE 1,110
REQUIRED APPROVAL OF THE DISTRICT VOTERS AND WITH THE APPROVAL OF 1,111
THE COMMISSION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO
EVIDENCE the restructuring or refinancing. THOSE SECURITIES may 1,113
extend the original period for repayment, and may alter the 1,114
frequency and amount of repayments, interest or other financing 1,115
charges, and other terms of agreements under which the debt
originally was contracted, at the discretion of the commission, 1,116
provided that any loans received pursuant to section 3313.483 of 1,117
the Revised Code shall be paid from funds the district would 1,118
otherwise receive under sections 3317.022 to 3317.025 of the 1,119
Revised Code, as required under division (E)(3) of section
3313.483 of the Revised Code. 1,120
(B) Any financial recovery plan may be amended subsequent 1,122
to its adoption. 1,123
Sec. 3329.08. At any regular meeting, the board of 1,133
education of each local school district, from lists adopted by 1,134
the educational service center governing board, and the board of 1,135
education of each city and exempted village school district shall 1,136
determine by a majority vote of all members elected OR APPOINTED 1,137
29
which of such textbooks so filed shall be used in the schools 1,138
under its control. No textbooks shall be changed, nor any part 1,139
thereof altered or revised, nor any other textbook substituted 1,140
therefor, within four years after the date of selection and
adoption thereof, as shown by the official records of such 1,141
boards, except by the consent, at a regular meeting, of 1,142
four-fifths of all members elected thereto. Books so substituted 1,143
shall be adopted for the full term of four years. 1,144
Section 2. That existing sections 102.02, 3313.02, 1,146
3313.04, 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 of the 1,147
Revised Code are hereby repealed. 1,148
Section 3. Section 102.02 of the Revised Code is presented 1,150
in this act as a composite of the section as amended by both Am. 1,152
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 1,154
letters. This is in recognition of the principle stated in 1,155
division (B) of section 1.52 of the Revised Code that such 1,156
amendments are to be harmonized where not substantively 1,157
irreconcilable and constitutes a legislative finding that such is 1,158
the resulting version in effect prior to the effective date of 1,159
this act.