As Reported by the Senate Education Committee 1
122nd General Assembly 3
Regular Session Sub. H. B. No. 269 4
1997-1998 5
REPRESENTATIVES WISE-BATCHELDER-HOTTINGER-TAYLOR-CORBIN-TIBERI- 7
KASPUTIS-CATES-SENATORS KEARNS-J. JOHNSON-SCHAFRATH 8
10
A B I L L
To amend sections 102.02, 3313.02, 3313.04, 3313.11, 12
3313.70, 3315.15, and 3329.08 and to enact 13
sections 3311.71 to 3311.77 of the Revised Code 14
to authorize the mayor of a municipal corporation 15
to appoint a nine-member school board in a
municipal school district operating under a 16
federal court order and to permit the voters to 17
decide four or more years later whether or not to 18
continue that method of selecting school board 19
members or to return to an elected board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 102.02, 3313.02, 3313.04, 23
3313.11, 3313.70, 3315.15, and 3329.08 be amended and sections 24
3311.71, 3311.72, 3311.73, 3311.74, 3311.75, 3311.76, and 3311.77 25
of the Revised Code be enacted to read as follows: 26
Sec. 102.02. (A) Except as otherwise provided in division 35
(H) of this section, every person who is elected to or is a 36
candidate for a state, county, or city office, or the office of 37
member of the United States congress, and every person who is 38
appointed to fill a vacancy for an unexpired term in such an 39
elective office; all members of the state board of education; the 41
director, assistant directors, deputy directors, division chiefs, 42
or persons of equivalent rank of any administrative department of 43
the state; the president or other chief administrative officer of 44
every state institution of higher education as defined in section 45
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3345.011 of the Revised Code; the chief executive officer of each 46
state retirement system; all members of the board of 47
commissioners on grievances and discipline of the supreme court 48
and the ethics commission created under section 102.05 of the 49
Revised Code; every business manager, treasurer, or 50
superintendent of a city, local, exempted village, joint 51
vocational, or cooperative education school district or an 52
educational service center; every person who is elected to or is 53
a candidate for the office of member of a board of education of a 54
city, local, exempted village, joint vocational, or cooperative 55
education school district or of a governing board of an 56
educational service center that has an average daily membership 57
of twelve thousand or more as most recently certified to the 58
state board of education pursuant to division (A) of section 59
3317.03 of the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE 60
BOARD OF EDUCATION OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO 61
DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE; every 62
public official or employee who is paid a salary or wage in 64
accordance with schedule C of section 124.15 or schedule E-2 of 65
section 124.152 of the Revised Code; and every other public 66
official or employee who is designated by the appropriate ethics 67
commission pursuant to division (B) of this section shall file 68
with the appropriate ethics commission on a form prescribed by 69
the commission, a statement disclosing:
(1) The name of the person filing the statement and each 71
member of the person's immediate family and all names under which 73
the person or members of the person's immediate family does 74
business; 75
(2)(a) Subject to divisions (A)(2)(b), and (c) of this 77
section and except as otherwise provided in section 102.022 of 78
the Revised Code, identification of every source of income, other 79
than income from a legislative agent identified in division 80
(A)(2)(b) of this section, received during the preceding calendar 81
year, in the person's own name or by any other person for the 83
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person's use or benefit, by the person filing the statement, and 84
a brief description of the nature of the services for which the 85
income was received. If the person filing the statement is a 86
member of the general assembly, the statement shall identify the 87
amount of every source of income received in accordance with the 88
following ranges of amounts: zero or more but less than one 89
thousand dollars; one thousand dollars or more but less than ten 90
thousand dollars; ten thousand dollars or more but less than 91
twenty-five thousand dollars; twenty-five thousand dollars or 92
more but less than fifty thousand dollars; fifty thousand dollars 93
or more but less than one hundred thousand dollars; and one 94
hundred thousand dollars or more. Division (A)(2)(a) of this 95
section shall not be construed to require a person filing the 96
statement who derives income from a business or profession to 97
disclose the individual items of income that constitute the gross 98
income of that business or profession, except for those 99
individual items of income that are attributable to the person's 100
or, if the income is shared with the person, the partner's, 101
solicitation of services or goods or performance, arrangement, or 102
facilitation of services or provision of goods on behalf of the 103
business or profession of clients, including corporate clients, 104
who are legislative agents as defined in section 101.70 of the 105
Revised Code. A person who files the statement under this 106
section shall disclose the identity of and the amount of income 107
received from a person whom the public official or employee knows 108
or has reason to know is doing or seeking to do business of any 109
kind with the public official's or employee's agency. 110
(b) If the person filing the statement is a member of the 112
general assembly, the statement shall identify every source of 113
income and the amount of that income that was received from a 114
legislative agent, as defined in section 101.70 of the Revised 115
Code, during the preceding calendar year, in the person's own 117
name or by any other person for the person's use or benefit, by 118
the person filing the statement, and a brief description of the 120
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nature of the services for which the income was received. 121
Division (A)(2)(b) of this section requires the disclosure of 122
clients of attorneys or persons licensed under section 4732.12 of 123
the Revised Code, or patients of persons certified under section 124
4731.14 of the Revised Code if those clients or patients are 125
legislative agents. Division (A)(2)(b) of this section requires 126
a person filing the statement who derives income from a business 127
or profession to disclose those individual items of income that 128
constitute the gross income of that business or profession that 129
are received from legislative agents. 130
(c) Except as otherwise provided in division (A)(2)(c) of 132
this section, division (A)(2)(a) of this section applies to 133
attorneys, physicians, and other persons who engage in the 134
practice of a profession and who, pursuant to a section of the 135
Revised Code, the common law of this state, a code of ethics 136
applicable to the profession, or otherwise, generally are 137
required not to reveal, disclose, or use confidences of clients, 138
patients, or other recipients of professional services except 139
under specified circumstances or generally are required to 140
maintain those types of confidences as privileged communications 141
except under specified circumstances. Division (A)(2)(a) of this 142
section does not require an attorney, physician, or other 143
professional subject to a confidentiality requirement as 144
described in division (A)(2)(c) of this section to disclose the 145
name, other identity, or address of a client, patient, or other 146
recipient of professional services if the disclosure would 147
threaten the client, patient, or other recipient of professional 148
services, would reveal details of the subject matter for which 149
legal, medical, or professional advice or other services were 150
sought, or would reveal an otherwise privileged communication 151
involving the client, patient, or other recipient of professional 152
services. Division (A)(2)(a) of this section does not require an 153
attorney, physician, or other professional subject to a 154
confidentiality requirement as described in division (A)(2)(c) of 155
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this section to disclose in the brief description of the nature 156
of services required by division (A)(2)(a) of this section any 157
information pertaining to specific professional services rendered 158
for a client, patient, or other recipient of professional 159
services that would reveal details of the subject matter for 160
which legal, medical, or professional advice was sought or would 161
reveal an otherwise privileged communication involving the 162
client, patient, or other recipient of professional services. 163
(3) The name of every corporation on file with the 165
secretary of state that is incorporated in Ohio or holds a 166
certificate of compliance authorizing it to do business in this 167
state, trust, business trust, partnership, or association that 168
transacts business in Ohio in which the person filing the 169
statement or any other person for the person's use and benefit 171
had during the preceding calendar year an investment of over one 172
thousand dollars at fair market value as of the thirty-first day 173
of December of the preceding calendar year, or the date of 174
disposition, whichever is earlier, or in which the person holds 175
any office or has a fiduciary relationship, and a description of 176
the nature of the investment, office, or relationship. This 177
division does not require disclosure of the name of any bank, 178
savings and loan association, credit union, or building and loan 179
association with which the person filing the statement has a 180
deposit or a withdrawable share account. 181
(4) All fee simple and leasehold interests to which the 183
person filing the statement holds legal title to or a beneficial 184
interest in real property located within the state, excluding the 185
person's residence and property used primarily for personal 186
recreation; 187
(5) The names of all persons residing or transacting 189
business in the state to whom the person filing the statement 190
owes, in the person's own name or in the name of any other 191
person, more than one thousand dollars. This division shall not 193
be construed to require the disclosure of debts owed by the 194
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person resulting from the ordinary conduct of a business or 195
profession or debts on the person's residence or real property 196
used primarily for personal recreation, except that the 197
superintendent of financial institutions shall disclose the names 199
of all state-chartered savings and loan associations and of all 201
service corporations subject to regulation under division (E)(2) 202
of section 1151.34 of the Revised Code to whom the superintendent 203
in the superintendent's own name or in the name of any other 204
person owes any money, and that the superintendent and any deputy 206
superintendent of banks shall disclose the names of all 207
state-chartered banks and all bank subsidiary corporations 208
subject to regulation under section 1109.44 of the Revised Code 209
to whom the superintendent or deputy superintendent owes any 210
money.
(6) The names of all persons residing or transacting 212
business in the state, other than a depository excluded under 213
division (A)(3) of this section, who owes more than one thousand 214
dollars to the person filing the statement, either in the 215
person's own name or to any person for the person's use or 217
benefit. This division shall not be construed to require the 219
disclosure of clients of attorneys or persons licensed under 220
section 4732.12 or 4732.15 of the Revised Code, or patients of 221
persons certified under section 4731.14 of the Revised Code, nor 222
the disclosure of debts owed to the person resulting from the 223
ordinary conduct of a business or profession. 224
(7) Except as otherwise provided in section 102.022 of the 226
Revised Code, the source of each gift of over seventy-five 227
dollars, or of each gift of over twenty-five dollars received by 228
a member of the general assembly from a legislative agent, 229
received by the person in the person's own name or by any other 231
person for the person's use or benefit during the preceding 232
calendar year, except gifts received by will or by virtue of 234
section 2105.06 of the Revised Code, or received from spouses, 235
parents, grandparents, children, grandchildren, siblings, 236
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nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 237
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 238
any person to whom the person filing the statement stands in loco 239
parentis, or received by way of distribution from any inter vivos 240
or testamentary trust established by a spouse or by an ancestor; 241
(8) Except as otherwise provided in section 102.022 of the 243
Revised Code, identification of the source and amount of every 244
payment of expenses incurred for travel to destinations inside or 245
outside this state that is received by the person in the person's 247
own name or by any other person for the person's use or benefit 248
and that is incurred in connection with the person's official 250
duties except for expenses for travel to meetings or conventions 251
of a national or state organization to which either house of the 252
general assembly, any legislative agency, a state institution of 253
higher education as defined in section 3345.031 of the Revised 254
Code, any other state agency, or any political subdivision or any 255
office or agency of a political subdivision pays membership 256
dues.;
(9) Except as otherwise provided in section 102.022 of the 258
Revised Code, identification of the source of payment of expenses 259
for meals and other food and beverages, other than for meals and 260
other food and beverages provided at a meeting at which the 261
person participated in a panel, seminar, or speaking engagement 262
or at a meeting or convention of a national or state organization 263
to which either house of the general assembly, any legislative 264
agency, a state institution of higher education as defined in 265
section 3345.031 of the Revised Code, any other state agency, or 266
any political subdivision or any office or agency of a political 267
subdivision pays membership dues, that are incurred in connection 268
with the person's official duties and that exceed one hundred 269
dollars aggregated per calendar year; 270
(10) If the financial disclosure statement is filed by a 272
public official or employee described in division (B)(2) of 273
section 101.73 of the Revised Code or division (B)(2) of section 274
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121.63 of the Revised Code who receives a statement from a 275
legislative agent, executive agency lobbyist, or employer that 276
contains the information described in division (F)(2) of section 277
101.73 of the Revised Code or division (G)(2) of section 121.63 278
of the Revised Code, all of the nondisputed information contained 279
in the statement delivered to that public official or employee by 280
the legislative agent, executive agency lobbyist, or employer 281
under division (F)(2) of section 101.73 or (G)(2) of section 282
121.63 of the Revised Code. As used in division (A)(10) of this 283
section, "legislative agent," "executive agency lobbyist," and 284
"employer" have the same meanings as in sections 101.70 and 285
121.60 of the Revised Code. 286
A person may file a statement required by this section in 288
person or by mail. A person who is a candidate for elective 289
office shall file the statement no later than the thirtieth day 291
before the primary, special, or general election at which such 292
candidacy is to be voted on, whichever election occurs sooner, 293
except a person who is a write-in candidate shall file the 294
statement no later than the twentieth day before the earliest 295
election at which the person's candidacy is to be voted on. A 297
person who holds elective office shall file the statement on or 298
before the fifteenth day of April of each year, unless the person 300
is a candidate for office. A person who is appointed to fill a 302
vacancy for an unexpired term in an elective office shall file 303
the statement within fifteen days after the person qualifies for 305
office. Other persons shall file an annual statement on or 307
before the fifteenth day of April or, if appointed or employed 308
after that date, within ninety days after appointment or 309
employment. No person shall be required to file with the 310
appropriate ethics commission more than one statement or pay more 311
than one filing fee for any one calendar year. 312
The appropriate ethics commission, for good cause, may 314
extend for a reasonable time the deadline for filing a disclosure 315
statement under this section. 316
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A statement filed under this section is subject to public 318
inspection at locations designated by the appropriate ethics 319
commission except as otherwise provided in this section. 320
(B) The Ohio ethics commission, the joint legislative 322
ethics committee, and the board of commissioners on grievances 323
and discipline of the supreme court, using the rule-making 324
procedures of Chapter 119. of the Revised Code, may require any 325
class of public officials or employees under its jurisdiction and 326
not specifically excluded by this section whose positions involve 327
a substantial and material exercise of administrative discretion 328
in the formulation of public policy, expenditure of public funds, 329
enforcement of laws and rules of the state or a county or city, 330
or the execution of other public trusts, to file an annual 331
statement on or before the fifteenth day of April under division 332
(A) of this section. The appropriate ethics commission shall 333
send the public officials or employees written notice of the 334
requirement by the fifteenth day of February of each year the 335
filing is required, unless the public official or employee is 336
appointed after that date, in which case the notice shall be sent 337
within thirty days after appointment, and the filing shall be 338
made not later than ninety days after appointment. 339
Disclosure statements filed under this division with the 341
Ohio ethics commission by members of boards, commissions, or 342
bureaus of the state for which no compensation is received other 343
than reasonable and necessary expenses shall be kept 344
confidential. Disclosure statements filed with the Ohio ethics 346
commission under division (A) of this section by business 347
managers, treasurers, and superintendents of city, local, 348
exempted village, joint vocational, or cooperative education 349
school districts or educational service centers shall be kept 350
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 351
of the Revised Code may examine the disclosure statement of any 352
business manager, treasurer, or superintendent of that school 353
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district or educational service center. The Ohio ethics 354
commission shall examine each disclosure statement required to be 355
kept confidential to determine whether a potential conflict of 356
interest exists for the person who filed the disclosure 357
statement. A potential conflict of interest exists if the 358
private interests of the person, as indicated by the person's 359
disclosure statement, might interfere with the public interests 361
the person is required to serve in the exercise of the person's 362
authority and duties in the person's office or position of 363
employment. If the commission determines that a potential 364
conflict of interest exists, it shall notify the person who filed 365
the disclosure statement and shall make the portions of the 366
disclosure statement that indicate a potential conflict of 367
interest subject to public inspection in the same manner as is 368
provided for other disclosure statements. Any portion of the 369
disclosure statement that the commission determines does not 370
indicate a potential conflict of interest shall be kept 371
confidential by the commission and shall not be made subject to 372
public inspection, except as is necessary for the enforcement of 373
Chapters 102. and 2921. of the Revised Code and except as 374
otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before 376
the applicable filing deadline under this section, a statement 377
that is required by this section. 378
(D) No person shall knowingly file a false statement that 380
is required to be filed under this section. 381
(E)(1) Except as provided in divisions (E)(2) and (3) of 383
this section, on and after March 2, 1994, the statement required 384
by division (A) or (B) of this section shall be accompanied by a 386
filing fee of twenty-five dollars. 387
(2) The statement required by division (A) of this section 389
shall be accompanied by a filing fee to be paid by the person who 390
is elected or appointed to or is a candidate for any of the 391
following offices: 392
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For state office, except member of 394
state board of education $50 395
For office of member of United States 396
congress or member of general assembly $25 397
For county office $25 398
For office of member of state board 399
of education $10 400
For office of member of city, local, 401
exempted village, or cooperative 402
education board of 403
education or educational service 404
center governing board $ 5 405
For position of business manager, 406
treasurer, or superintendent of 407
city, local, exempted village, joint 408
vocational, or cooperative education 409
school district or 410
educational service center $ 5 411
(3) No judge of a court of record or candidate for judge 413
of such a court, and no referee or magistrate serving a court of 414
record, shall be required to pay the fee required under division 415
(E)(1) or (2), or (F) of this section. 416
(4) For any public official who is appointed to a 418
nonelective office of the state and for any employee who holds a 419
nonelective position in a public agency of the state, the state 420
agency that is the primary employer of the state official or 421
employee shall pay the fee required under division (E)(1) or (F) 422
of this section. 423
(F) If a statement required to be filed under this section 425
is not filed by the date on which it is required to be filed, the 426
appropriate ethics commission shall assess the person required to 427
file the statement a late filing fee equal to one-half of the 428
applicable filing fee for each day the statement is not filed, 429
except that the total amount of the late filing fee shall not 430
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exceed one hundred dollars. 431
(G)(1) The appropriate ethics commission other than the 433
Ohio ethics commission shall deposit all fees it receives under 434
divisions (E) and (F) of this section into the general revenue 435
fund of the state. 436
(2) The Ohio ethics commission shall deposit all fees it 438
receives under divisions (E) and (F) of this section and all 439
moneys it receives from settlements under division (G) of section 440
102.06 of the Revised Code into the Ohio ethics commission fund, 441
which is hereby created in the state treasury. All moneys 442
credited to the fund shall be used solely for expenses related to 443
the operation of the commission. 444
(H) Division (A) of this section does not apply to a 446
person elected or appointed to the office of precinct, ward, or 447
district committee member under Chapter 3517. of the Revised 448
Code; a presidential elector; a delegate to a national 449
convention; village or township officials and employees; any 450
physician or psychiatrist who is paid a salary or wage in 451
accordance with schedule C of section 124.15 or schedule E-2 of 452
section 124.152 of the Revised Code and whose primary duties do 453
not require the exercise of administrative discretion; or any 454
member of a board, commission, or bureau of any county or city 455
who receives less than one thousand dollars per year for serving 456
in that position. 457
Sec. 3311.71. (A) AS USED IN THIS SECTION AND IN SECTIONS 460
3311.72 TO 3311.77 OF THE REVISED CODE: 461
(1) "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 463
THAT IS OR HAS EVER BEEN UNDER A FEDERAL COURT ORDER REQUIRING 464
SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF 465
THE DISTRICT BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 466
(2) "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION 468
CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S 469
TERRITORY. 470
(B) WHENEVER ANY MUNICIPAL SCHOOL DISTRICT IS RELEASED BY 473
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A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND 474
OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY 475
THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL OF THAT 476
DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW
NINE-MEMBER BOARD OF EDUCATION. MEMBERS OF THE NEW BOARD SHALL 478
BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE MEMBER AS 479
THE CHAIRPERSON OF THE BOARD. IN ADDITION TO THE RIGHTS, 480
AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS
3311.71 TO 3311.76 OF THE REVISED CODE, THE CHAIRPERSON SHALL 481
HAVE ALL THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE 482
PRESIDENT OF A BOARD OF EDUCATION BY THE REVISED CODE THAT ARE 483
NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 484
CODE.
(C) NO SCHOOL BOARD MEMBER SHALL BE APPOINTED BY THE MAYOR 486
PURSUANT TO DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS 487
RECEIVED A SLATE OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A 488
MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL, AT LEAST THREE OF 489
WHOM RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE 490
MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF THE 491
DISTRICT'S TERRITORY. THE MUNICIPAL SCHOOL DISTRICT NOMINATING 492
PANEL SHALL BE INITIALLY CONVENED AND CHAIRED BY THE STATE 493
SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO SHALL SERVE AS A 494
NONVOTING MEMBER FOR THE FIRST TWO YEARS OF THE PANEL'S 495
EXISTENCE, AND SHALL CONSIST OF ELEVEN PERSONS SELECTED AS 496
FOLLOWS:
(1) THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE 498
SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE 499
DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION 501
SELECTED BY THE STATE SUPERINTENDENT;
(2) THREE PERSONS APPOINTED BY THE MAYOR; 503
(3) ONE PERSON APPOINTED BY THE PRESIDENT OF THE 505
LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE 506
GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY; 507
(4) ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING 509
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REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS; 510
(5) ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL 512
DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE 513
SUPERINTENDENT;
(6) ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED 515
BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR; 516
(7) ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF 518
HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT 519
APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 520
THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT 522
ONE OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER 523
THE DATE OF THE FIRST MEETING OF THE PANEL, AT WHICH TIME THE 524
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER 525
CONVENE OR CHAIR THE PANEL. THEREAFTER, THE PANEL SHALL MEET AS 526
NECESSARY TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON.
ALL MEMBERS OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE 527
APPOINTING AUTHORITY. VACANCIES ON THE PANEL SHALL BE FILLED IN 528
THE SAME MANNER AS THE INITIAL APPOINTMENTS. 529
(D) NO INDIVIDUAL SHALL BE APPOINTED BY THE MAYOR PURSUANT 531
TO DIVISION (B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS 533
BEEN NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL
DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE. AT ANY GIVEN TIME, 535
FOUR OF THE NINE MEMBERS APPOINTED BY THE MAYOR TO SERVE ON THE 536
BOARD PURSUANT TO EITHER DIVISION (B) OR (F) OF THIS SECTION 538
SHALL HAVE DISPLAYED, PRIOR TO APPOINTMENT, SIGNIFICANT EXPERTISE
IN EITHER THE EDUCATION FIELD, FINANCE, OR BUSINESS MANAGEMENT. 539
AT ALL TIMES AT LEAST ONE MEMBER OF THE BOARD SHALL BE AN 540
INDIVIDUAL WHO RESIDES IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT 541
IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF 542
THE DISTRICT'S TERRITORY.
(E) THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED BY THE 544
MAYOR PURSUANT TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON 545
THE NEXT THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION 546
REQUIRED BY SECTION 3311.73 OF THE REVISED CODE. THE MAYOR MAY, 547
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WITH THE ADVICE AND CONSENT OF THE NOMINATING PANEL, REMOVE ANY 549
MEMBER APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF 550
THIS SECTION FOR CAUSE.
(F) IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION 553
OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY 554
SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 556
MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING
PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED 557
PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION. FIVE OF 558
THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR 560
TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS, 561
EACH TERM BEGINNING ON THE FIRST DAY OF JULY. THEREAFTER, THE
MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER 562
AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION. THE 564
MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED 565
BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE
THE NUMBER OF MEMBERS TO BE APPOINTED, INCLUDING AT LEAST TWO WHO 566
RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL 567
CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S 568
TERRITORY.
(G) IN ADDITION TO THE NINE MEMBERS APPOINTED BY THE 570
MAYOR, THE BOARDS APPOINTED PURSUANT TO DIVISIONS (B) AND (F) OF 571
THIS SECTION SHALL INCLUDE THE FOLLOWING NONVOTING EX OFFICIO 572
MEMBERS:
(1) IF THE MAIN CAMPUS OF A STATE UNIVERSITY SPECIFIED IN 574
SECTION 3345.011 OF THE REVISED CODE IS LOCATED WITHIN THE 575
MUNICIPAL SCHOOL DISTRICT, THE PRESIDENT OF THE UNIVERSITY OR THE 576
PRESIDENT'S DESIGNEE;
(2) IF ANY COMMUNITY COLLEGE HAS ITS MAIN BRANCH LOCATED 578
WITHIN THE DISTRICT, THE PRESIDENT OF THE COMMUNITY COLLEGE THAT 580
HAS THE LARGEST MAIN BRANCH WITHIN THE DISTRICT, OR THE 581
PRESIDENT'S DESIGNEE.
Sec. 3311.72. THIS SECTION DOES NOT APPLY TO ANY 583
PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR WHO IS 584
Committee
16
EMPLOYED TO PERFORM ADMINISTRATIVE FUNCTIONS PRIMARILY WITHIN ONE 585
SCHOOL BUILDING.
(A) ON THE EFFECTIVE DATE OF THE ASSUMPTION OF CONTROL OF 588
A MUNICIPAL SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION 589
PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 591
THE TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT 592
SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT 593
SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD. AS USED IN THIS 594
SECTION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN SECTION 595
3319.02 OF THE REVISED CODE. 596
(B) NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE: 598
(1) UNTIL THIRTY MONTHS AFTER THE DATE OF THE ASSUMPTION 600
OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO 602
DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, THE MAYOR 603
SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES 604
OCCURRING IN THAT POSITION.
(2) AFTER THE BOARD APPOINTED PURSUANT TO DIVISION (B) OF 607
SECTION 3311.71 OF THE REVISED CODE HAS BEEN IN CONTROL OF A 609
MUNICIPAL SCHOOL DISTRICT FOR THIRTY MONTHS, THE MAYOR SHALL 611
APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES
OCCURRING IN THAT POSITION, WITH THE CONCURRENCE OF THE BOARD. 612
(3) AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 614
MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 615
SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE 617
CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 618
POSITION, WITH THE CONCURRENCE OF THE MAYOR.
(4) AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF 620
EXECUTIVE OFFICER UNDER DIVISION (B)(1), (2), OR (3) OF THIS 621
SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT 622
INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE 623
TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT 625
SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL 626
CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME:
(a) DURING THE FIRST THIRTY MONTHS AFTER THE DATE OF THE 628
Committee
17
ASSUMPTION OF CONTROL OF THE MUNICIPAL SCHOOL DISTRICT BY THE 629
BOARD PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED 630
CODE, THE INDIVIDUAL WILL SERVE AT THE PLEASURE OF THE MAYOR; 631
(b) BEGINNING THIRTY MONTHS AFTER THE DATE OF ASSUMPTION 633
OF CONTROL, THE INDIVIDUAL WILL SERVE AT THE PLEASURE OF THE 634
BOARD, WITH THE MAYOR'S CONCURRENCE REQUIRED FOR REMOVAL. 635
(C) THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF 637
FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING 638
OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER 639
ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER 640
SHALL DETERMINE TO BE NECESSARY. THE CHIEF EXECUTIVE OFFICER 641
SHALL ALSO APPOINT OMBUDSPERSONS WHO SHALL ANSWER QUESTIONS AND
SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND 642
GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS. THE CHIEF 643
EXECUTIVE OFFICER SHALL APPOINT A SUFFICIENT NUMBER OF 644
OMBUDSPERSONS TO SERVE THE NEEDS OF THE PARENTS AND GUARDIANS. 645
A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A 647
SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE 648
REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22 649
OF THE REVISED CODE. IN ADDITION TO THE RIGHTS, AUTHORITY, AND
DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF 650
FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED 651
CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER 652
SHALL HAVE ALL OF THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED 653
UPON THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF 654
A BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE 655
NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 656
CODE.
(D) NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED 658
CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A 659
MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL 660
HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS 662
AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF
EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH 663
Committee
18
CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE 664
APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE 665
APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE 666
OFFICER.
(E) THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR 668
EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN 669
THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE 670
NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY 671
SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE
SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD. 672
(F) NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF 675
THE REVISED CODE, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE
REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT. 676
Sec. 3311.73. (A) NO LATER THAN SEVENTY-FIVE DAYS BEFORE 678
THE GENERAL ELECTION HELD IN THE FIRST EVEN-NUMBERED YEAR 680
OCCURRING AT LEAST FOUR YEARS AFTER THE DATE IT ASSUMED CONTROL 681
OF THE MUNICIPAL SCHOOL DISTRICT PURSUANT TO DIVISION (B) OF 682
SECTION 3311.71 OF THE REVISED CODE, THE BOARD OF EDUCATION 684
APPOINTED UNDER THAT DIVISION SHALL NOTIFY THE BOARD OF ELECTIONS 685
OF EACH COUNTY CONTAINING TERRITORY OF THE MUNICIPAL SCHOOL
DISTRICT OF THE REFERENDUM ELECTION REQUIRED BY DIVISION (B) OF 687
THIS SECTION.
(B) AT THE GENERAL ELECTION HELD IN THE FIRST 689
EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE DATE 691
THE NEW BOARD ASSUMED CONTROL OF A MUNICIPAL SCHOOL DISTRICT
PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 693
THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE ELECTORS 694
RESIDING IN THE SCHOOL DISTRICT:
"SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE 696
APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE 697
MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE 698
NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?" 699
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY 701
OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL 702
Committee
19
NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE 703
ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND 704
CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT 706
FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH 707
ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE 708
QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN 709
SUCH PART TO AN ADJOINING PRECINCT. SUCH AN ASSIGNMENT MAY BE 710
MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT 711
AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY. 712
NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF 713
GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE 714
CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON 715
WHICH THE ELECTION IS BEING HELD. THE BALLOT SHALL BE IN THE 716
FORM PRESCRIBED BY THE SECRETARY OF STATE. COSTS OF SUBMITTING 717
THE QUESTION TO THE ELECTORS SHALL BE CHARGED TO THE MUNICIPAL 718
SCHOOL DISTRICT IN ACCORDANCE WITH SECTION 3501.17 OF THE REVISED 719
CODE.
(C) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 721
IN DIVISION (B) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR 722
SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY 723
OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE 724
REVISED CODE. 725
(D) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 728
IN DIVISION (B) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW 730
SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT 731
REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR. 732
AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR 733
YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS. 734
THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER 735
AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A 736
CITY SCHOOL DISTRICT. ALL MEMBERS OF THE BOARD OF EDUCATION OF A 738
MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF 739
SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER 741
THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR 742
Committee
20
SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH 743
SECTION 3313.09 OF THE REVISED CODE.
Sec. 3311.74. (A) THE BOARD OF EDUCATION OF A MUNICIPAL 746
SCHOOL DISTRICT, IN CONSULTATION WITH THE DEPARTMENT OF 747
EDUCATION, SHALL SET GOALS FOR THE DISTRICT'S EDUCATIONAL, 748
FINANCIAL, AND MANAGEMENT PROGRESS AND ESTABLISH ACCOUNTABILITY 749
STANDARDS WITH WHICH TO MEASURE THE DISTRICT'S PROGRESS. 750
(B) THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL SCHOOL 752
DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A PLAN TO 754
MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL WITHIN THE 755
DISTRICT. WHERE MEASUREMENTS DEMONSTRATE THAT STUDENTS IN 756
PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT IMPROVING THEIR 757
ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE PLAN SHALL CONTAIN 758
PROVISIONS REQUIRING THE CHIEF EXECUTIVE OFFICER, WITH THE 759
CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE ACTION WITHIN THOSE 760
SCHOOLS, INCLUDING REALLOCATION OF ACADEMIC AND FINANCIAL 761
RESOURCES, REASSIGNMENT OF STAFF, REDESIGN OF ACADEMIC PROGRAM, 762
AND DEPLOYING ADDITIONAL ASSISTANCE TO STUDENTS. 763
(C) ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A 765
REPORT TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF 766
ACHIEVEMENT MEASUREMENTS MADE UNDER DIVISION (B) OF THIS SECTION 767
AND DELINEATES THE NATURE OF ANY REFORMS AND CORRECTIVE ACTIONS 768
BEING TAKEN IN RESPONSE TO ANY FAILURE TO ACHIEVE AT AN 769
ACCEPTABLE LEVEL OR RATE. THE REPORT SHALL ALSO CONTAIN 770
DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE THE OVERALL QUALITY 771
OR EFFICIENCY OF OPERATION OF THE DISTRICT, SHALL LIST THE SOURCE 772
OF ALL DISTRICT REVENUES, AND SHALL CONTAIN A DESCRIPTION OF ALL 773
DISTRICT EXPENDITURES DURING THE PRECEDING FISCAL YEAR. 774
(D) THE CHIEF EXECUTIVE OFFICER SHALL IMPLEMENT A PUBLIC 776
AWARENESS CAMPAIGN TO KEEP THE PARENTS AND GUARDIANS OF THE 777
DISTRICT'S STUDENTS INFORMED OF THE CHANGES BEING IMPLEMENTED 778
WITHIN THE DISTRICT. THE CAMPAIGN MAY INCLUDE SUCH METHODS AS 779
COMMUNITY FORUMS, LETTERS, AND BROCHURES. IT SHALL INCLUDE 780
ANNUAL DISTRIBUTION TO ALL PARENTS AND GUARDIANS OF AN 781
Committee
21
INFORMATION CARD SPECIFYING THE NAMES AND BUSINESS ADDRESSES AND 782
TELEPHONE NUMBERS OF THE OMBUDSPERSONS APPOINTED UNDER SECTION 783
3311.72 OF THE REVISED CODE AND OTHER EMPLOYEES OF THE DISTRICT 784
BOARD OF EDUCATION WHO MAY SERVE AS INFORMATION RESOURCES FOR 785
PARENTS AND GUARDIANS. 786
Sec. 3311.75. (A) A BOARD OF EDUCATION APPOINTED BY THE 788
MAYOR PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE 790
REVISED CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS 791
OR PROPERTY OF ANY MUNICIPAL CORPORATION. THE BUDGETS OF THE
MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE 792
ESTIMATED, PLANNED, AND FINANCED SEPARATELY. AT NO TIME SHALL 793
ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE 794
COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND 795
ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY 796
INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL 797
CORPORATION.
(B) THE BOARD OF A MUNICIPAL SCHOOL DISTRICT SHALL ADOPT 800
AND FOLLOW PROCEDURES FOR THE AWARD OF ALL CONTRACTS FOR SUPPLIES
OR SERVICES INVOLVING THE EXPENDITURE OF FIFTY THOUSAND DOLLARS 801
OR MORE IN ANY ONE FISCAL YEAR AFTER A COMPETITIVE BID OR REQUEST 803
FOR PROPOSAL PROCESS. THIS DIVISION IS SUPPLEMENTAL TO SECTION 804
3313.46 OF THE REVISED CODE. THIS DIVISION DOES NOT APPLY TO 806
CONTRACTS OF EMPLOYMENT OR TO CONTRACTS FOR PROFESSIONAL 807
SERVICES; TO CONTRACTS FOR THE SECURITY AND PROTECTION OF SCHOOL 808
PROPERTY; IN CASES OF URGENT NECESSITY AS DETERMINED BY 809
TWO-THIRDS VOTE OF THE BOARD; OR IN ANY OF THE SITUATIONS 810
DESCRIBED IN DIVISION (B) OF SECTION 3313.46 OF THE REVISED CODE 812
TO WHICH THE BID PROCESS OF DIVISION (A) OF THAT SECTION DOES NOT 814
APPLY.
Sec. 3311.76. (A) NOTWITHSTANDING CHAPTERS 3302. AND 816
3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT 817
CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC 818
INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES 819
ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY 820
Committee
22
RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO 821
3319.21, OR CHAPTER 3323. OF THE REVISED CODE, AND MAY AUTHORIZE
A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE 822
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE 823
SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES, 824
TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC 825
OBLIGATIONS. THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH
THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED 826
AND THE REASONS FOR THE REQUEST. THE STATE SUPERINTENDENT SHALL 827
APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED 828
EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE 829
DISTRICT'S STUDENTS. THE SUPERINTENDENT SHALL APPROVE OR
DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE 830
DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF 831
APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST. 832
(B) IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES 834
CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF 835
EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A 836
MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE 837
RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL 839
DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH 840
SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE. 841
Sec. 3311.77. (A) WITHIN SIXTY DAYS OF THE INITIAL 843
CONVENING OF THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL AS 844
REQUIRED BY DIVISION (C) OF SECTION 3311.71 OF THE REVISED CODE, 846
THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ESTABLISH 847
THE COMMUNITY OVERSIGHT COMMITTEE TO REVIEW AND EVALUATE THE 848
MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN FOR ANY MUNICIPAL 849
SCHOOL DISTRICT AS REQUIRED BY SECTIONS 3311.71 TO 3311.76 OF THE 850
REVISED CODE. WITHIN ONE YEAR OF ITS APPOINTMENT, AND EACH YEAR 851
THEREAFTER, THE COMMITTEE, AFTER CONSULTING WITH THE BOARD OF 853
EDUCATION APPOINTED UNDER SECTION 3311.71 OF THE REVISED CODE, 854
SHALL SUBMIT A WRITTEN REPORT TO THE SPEAKER AND MINORITY LEADER 855
OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT AND MINORITY 857
Committee
23
LEADER OF THE SENATE, AND THE CHAIRPERSONS AND RANKING MINORITY 858
MEMBERS OF THE STANDING COMMITTEE OF EACH HOUSE OF THE GENERAL 859
ASSEMBLY HAVING PRIMARY JURISDICTION OVER ELEMENTARY AND 860
SECONDARY EDUCATION LEGISLATION. THE REPORT SHALL ADDRESS THE 861
FINANCIAL, OPERATIONAL, ACADEMIC, COMMUNITY, AND OTHER ISSUES
INVOLVING THE SCHOOL DISTRICT AS A RESULT OF THE IMPLEMENTATION 862
OF THE MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN, AS WELL AS THE 863
GENERAL CONDITION OF THE SCHOOL DISTRICT, THE GOALS AND 864
ACCOUNTABILITY STANDARDS THE BOARD OF EDUCATION HAS ESTABLISHED 865
UNDER DIVISION (A) OF SECTION 3311.74 OF THE REVISED CODE, AND 867
HOW THE DISTRICT MEASURES ON EACH OF THOSE ACCOUNTABILITY
STANDARDS. MEMBERS OF THE BOARD OF EDUCATION AND THE COMMUNITY 869
OVERSIGHT COMMITTEE SHALL TESTIFY BEFORE THE EDUCATION COMMITTEE 870
OF EITHER HOUSE OF THE GENERAL ASSEMBLY CONCERNING THE 871
COMMITTEE'S REPORT IF SO REQUESTED TO DO SO BY THE CHAIRPERSON OF 872
EITHER EDUCATION COMMITTEE.
(B) MEMBERS OF THE COMMUNITY OVERSIGHT COMMITTEE SHALL BE 874
APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO 875
SHALL ALSO DESIGNATE ONE MEMBER OF THE COMMITTEE AS THE 876
CHAIRPERSON. THE MEMBERS SHALL BE APPOINTED TO FOUR-YEAR TERMS, 878
EACH TERM BEGINNING ON THE FIRST DAY OF JANUARY. THE CHIEF 879
EXECUTIVE OFFICER OF THE MUNICIPAL SCHOOL DISTRICT, APPOINTED IN 880
ACCORDANCE WITH SECTION 3311.72 OF THE REVISED CODE, SHALL SERVE 882
AS A NONVOTING MEMBER OF THE COMMITTEE. NO INDIVIDUAL SHALL BE
APPOINTED TO THE COMMITTEE UNLESS THE INDIVIDUAL RESIDES IN AND 883
IS A PARENT OR GUARDIAN OF A CHILD ATTENDING A PUBLIC SCHOOL IN 884
THE MUNICIPAL SCHOOL DISTRICT. AN INDIVIDUAL CAN BE APPOINTED TO 886
SERVE MULTIPLE TERMS.
(C) MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 888
COMPENSATION AND SHALL BE SUBJECT TO REMOVAL BY THE STATE 889
SUPERINTENDENT FOR CAUSE. 890
(D) THE COMMITTEE SHALL END AT SUCH TIME AS THE MAYORAL 893
APPOINTMENT GOVERNANCE PLAN, AS REQUIRED BY SECTIONS 3311.71 TO
3311.76 OF THE REVISED CODE, IS DISCONTINUED WITHIN THE MUNICIPAL 895
Committee
24
SCHOOL DISTRICT BY ANY MEANS OF LAW OR COURT ORDER. 896
Sec. 3313.02. Notwithstanding division (D) of section 905
3311.19 and division (D) of section 3311.52 of the Revised Code, 906
this section and sections 3313.03 to 3313.09 of the Revised Code 907
do not apply to a joint vocational or cooperative education 908
school district. THIS SECTION DOES NOT APPLY TO A MUNICIPAL 909
SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO 910
DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE. 911
In city school districts containing, according to the last 913
federal census, a population of less than fifty thousand persons, 914
the board of education shall consist of not less than three nor 915
more than five members elected at large by the qualified electors 916
of such district. 917
In city school districts containing, according to the last 919
federal census, a population of fifty thousand or more, but less 920
than one hundred fifty thousand persons, the board shall consist 921
of not less than two nor more than seven members elected at large 922
and not more than two members elected from subdistricts by the 923
qualified electors of their respective subdistricts. 924
In city school districts containing, according to the last 926
federal census, a population of one hundred fifty thousand 927
persons or more, the board shall consist of not less than five 928
nor more than seven members elected at large by the qualified 929
electors of such district. 930
Sec. 3313.04. If THIS SECTION AND SECTIONS 3313.05 TO 939
3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL 940
DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY 941
SECTION 3311.73 OF THE REVISED CODE.
IF, at any time, a petition signed by ten per cent of the 944
electors in any city district is filed with the treasurer of the 945
board of education of such district asking that the question, 946
"what shall be the number of members and what shall be the 947
organization of the board of education of such district," be 948
submitted to the electors thereof, such board of education shall 949
Committee
25
within thirty days after the filing of such petition provide by 950
resolution for submitting such question to the electors of such 951
district. Such question shall not be submitted to a referendum 952
vote more than once in any period of four years and the 953
percentage of electors required to sign such petition shall be 954
based upon the total vote cast at the most recent regular 956
municipal election.
Said resolution shall require that such question be 958
submitted at the next regular municipal election and shall also 959
provide for the appointment of a commission to frame two or more 960
plans of organization for submission. Except as otherwise 961
provided in this section, the commission shall consist of seven 962
members, three of whom shall be appointed by the president of the 963
board of education of such district, two by the mayor of the city 964
in which such district is located, and two by the president of 965
the board of sinking fund trustees of such city. If a city does 966
not have a board of sinking fund trustees, the city treasurer or 967
the officer who exercises the functions of a treasurer shall 968
appoint two members. 969
When a school district has territory in more than one city, 971
the commission shall consist of three members appointed by the 972
president of the board of education, one member appointed by the 973
mayor of each city in which the district has territory, and one 974
member appointed by the president of the board of sinking fund 975
trustees of each such city. If any city does not have a board of 976
sinking fund trustees, that city's treasurer or the officer who 977
exercises the functions of a treasurer shall appoint one member. 978
A certified copy of said resolution shall immediately after 980
its passage be transmitted to the mayor and president of the 981
board of sinking fund trustees of the city or cities in which the 982
district has territory, and such commission shall be appointed 983
and shall organize within sixty days after the passage of said 984
resolution. 985
Sec. 3313.11. Notwithstanding division (D) of section 994
Committee
26
3311.19 and division (D) of section 3311.52 of the Revised Code, 995
this section does not apply to any joint vocational or 996
cooperative education school district. 997
A vacancy in any board of education may be caused by death, 999
nonresidence, resignation, removal from office, failure of a 1,000
person elected or appointed to qualify within ten days after the 1,001
organization of the board or of his appointment or election, 1,002
removal from the district, or absence from meetings of the board 1,003
for a period of ninety days, if such absence is caused by reasons 1,004
declared insufficient by a two-thirds vote of the remaining 1,005
members of the board, which vote must be taken and entered upon 1,006
the records of the board not less than thirty days after such 1,007
absence. Any 1,008
IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT 1,010
TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE, 1,011
THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL 1,012
FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE 1,013
THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST 1,014
THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT
NOMINATING PANEL ESTABLISHED UNDER THAT SECTION. IF THE MEMBER 1,016
CREATING THE VACANCY RESIDES IN A MUNICIPAL SCHOOL DISTRICT BUT 1,017
NOT IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION 1,018
OF THE DISTRICT'S TERRITORY, THE INDIVIDUALS INCLUDED ON SUCH 1,019
SLATE SHALL ALSO RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT 1,020
IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF 1,021
THE DISTRICT'S TERRITORY. 1,022
IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD 1,024
SHALL FILL ANY such vacancy shall be filled by the board at its 1,025
next regular or special meeting, not earlier than ten days after 1,026
such vacancy occurs. A majority vote of all the remaining 1,027
members of the board may fill any such vacancy. Immediately 1,028
after such a vote, the treasurer of the board of education shall 1,029
give written notice to the board of elections responsible for 1,030
conducting elections for that school district that a vacancy has 1,031
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27
been filled, and the name of the person appointed to fill the 1,032
vacancy. Each person selected by the board or probate court to 1,033
fill a vacancy shall hold office for the shorter of the following 1,034
periods: until the completion of the unexpired term, or until 1,035
the first day of January immediately following the next regular 1,036
board of education election taking place more than ninety days 1,037
after a person is selected by the board or probate court to fill 1,038
the vacancy. At that election, a special election to fill the 1,039
vacancy shall be held in accordance with laws controlling regular 1,040
elections for board of education members, except that no such 1,041
special election shall be held if the unexpired term ends on or 1,042
before the first day of January immediately following that 1,043
regular board of education election. The term of a person chosen 1,044
at a special election under this section shall begin on the first 1,045
day of January immediately following the election, and he THE 1,046
PERSON shall serve for the remainder of the unexpired term. 1,047
Whenever the need for a special election under this section 1,048
becomes known, the board of education shall immediately give 1,049
written notice of this fact to the board of elections responsible 1,050
for conducting the regular board of education election for that 1,051
school district.
The term of a board of education member shall not be 1,053
lengthened by his THE MEMBER'S resignation and subsequent 1,054
selection by the board or probate court under this section. 1,055
Sec. 3313.70. No member of the board of education in any 1,064
district shall be eligible to the appointment of school 1,065
physician, school dentist, or school nurse during the period for 1,066
which he THE MEMBER is elected OR APPOINTED. 1,067
Sec. 3315.15. Any city, local, or exempted village board 1,076
of education may by resolution set aside each year from the 1,077
general fund a sum not to exceed two dollars for each child 1,078
enrolled in the district, or twenty thousand dollars, whichever 1,079
is greater. Any educational service center governing board may 1,081
by resolution set aside each year from the educational service 1,082
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28
center fund a sum not to exceed twenty thousand dollars. The 1,083
amount set aside shall be placed in a fund known as the "service 1,084
fund," which shall be used only in paying the expenses of members 1,085
of such boards of education and educational service center 1,086
governing boards actually incurred in the performance of their 1,087
duties, or in paying the expenses of members-elect MEMBERS-TO-BE 1,088
of such boards actually incurred in training and orientation to 1,089
the performance of their duties from the date of election OR 1,090
APPOINTMENT to the date of administration of the oath of office. 1,091
Such payments shall be made only in such amount as may be 1,092
approved by the board on statement of the several members or 1,093
members-elect MEMBERS-TO-BE furnished at the next succeeding 1,094
regular meeting of such board. No board shall appropriate or
expend a sum greater than sixty thousand dollars in any one 1,095
school year from such service fund. 1,096
Sec. 3329.08. At any regular meeting, the board of 1,105
education of each local school district, from lists adopted by 1,106
the educational service center governing board, and the board of 1,107
education of each city and exempted village school district shall 1,108
determine by a majority vote of all members elected OR APPOINTED 1,109
UNDER DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE 1,110
which of such textbooks so filed shall be used in the schools 1,111
under its control. No textbooks shall be changed, nor any part 1,112
thereof altered or revised, nor any other textbook substituted 1,113
therefor, within four years after the date of selection and
adoption thereof, as shown by the official records of such 1,114
boards, except by the consent, at a regular meeting, of 1,115
four-fifths of all members elected thereto. Books so substituted 1,116
shall be adopted for the full term of four years. 1,117
Section 2. That existing sections 102.02, 3313.02, 1,119
3313.04, 3313.11, 3313.70, 3315.15, and 3329.08 of the Revised 1,120
Code are hereby repealed.
Section 3. The Cleveland City School District shall base 1,122
the goals and accountability standards required by division (A) 1,123
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29
of section 3311.74 of the Revised Code on the October 1996 1,124
working draft "A Commitment to Action: 1996-1997 Strategic Plan 1,125
and School-Community Covenant." 1,126