As Passed by the Senate                       1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


 REPRESENTATIVES WISE-BATCHELDER-HOTTINGER-TAYLOR-CORBIN-TIBERI-   8            

       KASPUTIS-CATES-SENATORS KEARNS-J. JOHNSON-SCHAFRATH         9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 102.02, 3313.02, 3313.04, 3313.11,  13           

                3313.70, 3315.15, and 3329.08 and to enact         14           

                sections 3311.71 to 3311.77 of the Revised Code    15           

                to authorize the mayor of a municipal corporation  16           

                to appoint a nine-member school board in a                      

                municipal school district operating under a        17           

                federal court order and to permit the voters to    18           

                decide four or more years later whether or not to  19           

                continue that method of selecting school board     20           

                members or to return to an elected board.                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 102.02, 3313.02, 3313.04,          24           

3313.11, 3313.70, 3315.15, and 3329.08 be amended and sections     25           

3311.71, 3311.72, 3311.73, 3311.74, 3311.75, 3311.76, and 3311.77  26           

of the Revised Code be enacted to read as follows:                 27           

      Sec. 102.02.  (A)  Except as otherwise provided in division  36           

(H) of this section, every person who is elected to or is a        37           

candidate for a state, county, or city office, or the office of    38           

member of the United States congress, and every person who is      39           

appointed to fill a vacancy for an unexpired term in such an       40           

elective office; all members of the state board of education; the  42           

director, assistant directors, deputy directors, division chiefs,  43           

or persons of equivalent rank of any administrative department of  44           

the state; the president or other chief administrative officer of  45           

every state institution of higher education as defined in section  46           

                                                          2      

                                                                 
3345.011 of the Revised Code; the chief executive officer of each  47           

state retirement system; all members of the board of               48           

commissioners on grievances and discipline of the supreme court    49           

and the ethics commission created under section 102.05 of the      50           

Revised Code; every business manager, treasurer, or                51           

superintendent of a city, local, exempted village, joint           52           

vocational, or cooperative education school district or an         53           

educational service center; every person who is elected to or is   54           

a candidate for the office of member of a board of education of a  55           

city, local, exempted village, joint vocational, or cooperative    56           

education school district or of a governing board of an            57           

educational service center that has an average daily membership    58           

of twelve thousand or more as most recently certified to the       59           

state board of education pursuant to division (A) of section       60           

3317.03 of the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE  61           

BOARD OF EDUCATION OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO      62           

DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE; every  63           

public official or employee who is paid a salary or wage in        65           

accordance with schedule C of section 124.15 or schedule E-2 of    66           

section 124.152 of the Revised Code; and every other public        67           

official or employee who is designated by the appropriate ethics   68           

commission pursuant to division (B) of this section shall file     69           

with the appropriate ethics commission on a form prescribed by     70           

the commission, a statement disclosing:                                         

      (1)  The name of the person filing the statement and each    72           

member of the person's immediate family and all names under which  74           

the person or members of the person's immediate family does        75           

business;                                                          76           

      (2)(a)  Subject to divisions (A)(2)(b), and (c) of this      78           

section and except as otherwise provided in section 102.022 of     79           

the Revised Code, identification of every source of income, other  80           

than income from a legislative agent identified in division        81           

(A)(2)(b) of this section, received during the preceding calendar  82           

year, in the person's own name or by any other person for the      84           

                                                          3      

                                                                 
person's use or benefit, by the person filing the statement, and   85           

a brief description of the nature of the services for which the    86           

income was received.  If the person filing the statement is a      87           

member of the general assembly, the statement shall identify the   88           

amount of every source of income received in accordance with the   89           

following ranges of amounts:  zero or more but less than one       90           

thousand dollars; one thousand dollars or more but less than ten   91           

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

twenty-five thousand dollars; twenty-five thousand dollars or      93           

more but less than fifty thousand dollars; fifty thousand dollars  94           

or more but less than one hundred thousand dollars; and one        95           

hundred thousand dollars or more.  Division (A)(2)(a) of this      96           

section shall not be construed to require a person filing the      97           

statement who derives income from a business or profession to      98           

disclose the individual items of income that constitute the gross  99           

income of that business or profession, except for those            100          

individual items of income that are attributable to the person's   101          

or, if the income is shared with the person, the partner's,        102          

solicitation of services or goods or performance, arrangement, or  103          

facilitation of services or provision of goods on behalf of the    104          

business or profession of clients, including corporate clients,    105          

who are legislative agents as defined in section 101.70 of the     106          

Revised Code.  A person who files the statement under this         107          

section shall disclose the identity of and the amount of income    108          

received from a person whom the public official or employee knows  109          

or has reason to know is doing or seeking to do business of any    110          

kind with the public official's or employee's agency.              111          

      (b)  If the person filing the statement is a member of the   113          

general assembly, the statement shall identify every source of     114          

income and the amount of that income that was received from a      115          

legislative agent, as defined in section 101.70 of the Revised     116          

Code, during the preceding calendar year, in the person's own      118          

name or by any other person for the person's use or benefit, by    119          

the person filing the statement, and a brief description of the    121          

                                                          4      

                                                                 
nature of the services for which the income was received.          122          

Division (A)(2)(b) of this section requires the disclosure of      123          

clients of attorneys or persons licensed under section 4732.12 of  124          

the Revised Code, or patients of persons certified under section   125          

4731.14 of the Revised Code if those clients or patients are       126          

legislative agents.  Division (A)(2)(b) of this section requires   127          

a person filing the statement who derives income from a business   128          

or profession to disclose those individual items of income that    129          

constitute the gross income of that business or profession that    130          

are received from legislative agents.                              131          

      (c)  Except as otherwise provided in division (A)(2)(c) of   133          

this section, division (A)(2)(a) of this section applies to        134          

attorneys, physicians, and other persons who engage in the         135          

practice of a profession and who, pursuant to a section of the     136          

Revised Code, the common law of this state, a code of ethics       137          

applicable to the profession, or otherwise, generally are          138          

required not to reveal, disclose, or use confidences of clients,   139          

patients, or other recipients of professional services except      140          

under specified circumstances or generally are required to         141          

maintain those types of confidences as privileged communications   142          

except under specified circumstances.  Division (A)(2)(a) of this  143          

section does not require an attorney, physician, or other          144          

professional subject to a confidentiality requirement as           145          

described in division (A)(2)(c) of this section to disclose the    146          

name, other identity, or address of a client, patient, or other    147          

recipient of professional services if the disclosure would         148          

threaten the client, patient, or other recipient of professional   149          

services, would reveal details of the subject matter for which     150          

legal, medical, or professional advice or other services were      151          

sought, or would reveal an otherwise privileged communication      152          

involving the client, patient, or other recipient of professional  153          

services.  Division (A)(2)(a) of this section does not require an  154          

attorney, physician, or other professional subject to a            155          

confidentiality requirement as described in division (A)(2)(c) of  156          

                                                          5      

                                                                 
this section to disclose in the brief description of the nature    157          

of services required by division (A)(2)(a) of this section any     158          

information pertaining to specific professional services rendered  159          

for a client, patient, or other recipient of professional          160          

services that would reveal details of the subject matter for       161          

which legal, medical, or professional advice was sought or would   162          

reveal an otherwise privileged communication involving the         163          

client, patient, or other recipient of professional services.      164          

      (3)  The name of every corporation on file with the          166          

secretary of state that is incorporated in Ohio or holds a         167          

certificate of compliance authorizing it to do business in this    168          

state, trust, business trust, partnership, or association that     169          

transacts business in Ohio in which the person filing the          170          

statement or any other person for the person's use and benefit     172          

had during the preceding calendar year an investment of over one   173          

thousand dollars at fair market value as of the thirty-first day   174          

of December of the preceding calendar year, or the date of         175          

disposition, whichever is earlier, or in which the person holds    176          

any office or has a fiduciary relationship, and a description of   177          

the nature of the investment, office, or relationship.  This       178          

division does not require disclosure of the name of any bank,      179          

savings and loan association, credit union, or building and loan   180          

association with which the person filing the statement has a       181          

deposit or a withdrawable share account.                           182          

      (4)  All fee simple and leasehold interests to which the     184          

person filing the statement holds legal title to or a beneficial   185          

interest in real property located within the state, excluding the  186          

person's residence and property used primarily for personal        187          

recreation;                                                        188          

      (5)  The names of all persons residing or transacting        190          

business in the state to whom the person filing the statement      191          

owes, in the person's own name or in the name of any other         192          

person, more than one thousand dollars.  This division shall not   194          

be construed to require the disclosure of debts owed by the        195          

                                                          6      

                                                                 
person resulting from the ordinary conduct of a business or        196          

profession or debts on the person's residence or real property     197          

used primarily for personal recreation, except that the            198          

superintendent of financial institutions shall disclose the names  200          

of all state-chartered savings and loan associations and of all    202          

service corporations subject to regulation under division (E)(2)   203          

of section 1151.34 of the Revised Code to whom the superintendent  204          

in the superintendent's own name or in the name of any other       205          

person owes any money, and that the superintendent and any deputy  207          

superintendent of banks shall disclose the names of all            208          

state-chartered banks and all bank subsidiary corporations         209          

subject to regulation under section 1109.44 of the Revised Code    210          

to whom the superintendent or deputy superintendent owes any       211          

money.                                                                          

      (6)  The names of all persons residing or transacting        213          

business in the state, other than a depository excluded under      214          

division (A)(3) of this section, who owes more than one thousand   215          

dollars to the person filing the statement, either in the          216          

person's own name or to any person for the person's use or         218          

benefit.  This division shall not be construed to require the      220          

disclosure of clients of attorneys or persons licensed under       221          

section 4732.12 or 4732.15 of the Revised Code, or patients of     222          

persons certified under section 4731.14 of the Revised Code, nor   223          

the disclosure of debts owed to the person resulting from the      224          

ordinary conduct of a business or profession.                      225          

      (7)  Except as otherwise provided in section 102.022 of the  227          

Revised Code, the source of each gift of over seventy-five         228          

dollars, or of each gift of over twenty-five dollars received by   229          

a member of the general assembly from a legislative agent,         230          

received by the person in the person's own name or by any other    232          

person for the person's use or benefit during the preceding        233          

calendar year, except gifts received by will or by virtue of       235          

section 2105.06 of the Revised Code, or received from spouses,     236          

parents, grandparents, children, grandchildren, siblings,          237          

                                                          7      

                                                                 
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law,   238          

sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or  239          

any person to whom the person filing the statement stands in loco  240          

parentis, or received by way of distribution from any inter vivos  241          

or testamentary trust established by a spouse or by an ancestor;   242          

      (8)  Except as otherwise provided in section 102.022 of the  244          

Revised Code, identification of the source and amount of every     245          

payment of expenses incurred for travel to destinations inside or  246          

outside this state that is received by the person in the person's  248          

own name or by any other person for the person's use or benefit    249          

and that is incurred in connection with the person's official      251          

duties except for expenses for travel to meetings or conventions   252          

of a national or state organization to which either house of the   253          

general assembly, any legislative agency, a state institution of   254          

higher education as defined in section 3345.031 of the Revised     255          

Code, any other state agency, or any political subdivision or any  256          

office or agency of a political subdivision pays membership        257          

dues.;                                                                          

      (9)  Except as otherwise provided in section 102.022 of the  259          

Revised Code, identification of the source of payment of expenses  260          

for meals and other food and beverages, other than for meals and   261          

other food and beverages provided at a meeting at which the        262          

person participated in a panel, seminar, or speaking engagement    263          

or at a meeting or convention of a national or state organization  264          

to which either house of the general assembly, any legislative     265          

agency, a state institution of higher education as defined in      266          

section 3345.031 of the Revised Code, any other state agency, or   267          

any political subdivision or any office or agency of a political   268          

subdivision pays membership dues, that are incurred in connection  269          

with the person's official duties and that exceed one hundred      270          

dollars aggregated per calendar year;                              271          

      (10)  If the financial disclosure statement is filed by a    273          

public official or employee described in division (B)(2) of        274          

section 101.73 of the Revised Code or division (B)(2) of section   275          

                                                          8      

                                                                 
121.63 of the Revised Code who receives a statement from a         276          

legislative agent, executive agency lobbyist, or employer that     277          

contains the information described in division (F)(2) of section   278          

101.73 of the Revised Code or division (G)(2) of section 121.63    279          

of the Revised Code, all of the nondisputed information contained  280          

in the statement delivered to that public official or employee by  281          

the legislative agent, executive agency lobbyist, or employer      282          

under division (F)(2) of section 101.73 or (G)(2) of section       283          

121.63 of the Revised Code.  As used in division (A)(10) of this   284          

section, "legislative agent," "executive agency lobbyist," and     285          

"employer" have the same meanings as in sections 101.70 and        286          

121.60 of the Revised Code.                                        287          

      A person may file a statement required by this section in    289          

person or by mail.  A person who is a candidate for elective       290          

office shall file the statement no later than the thirtieth day    292          

before the primary, special, or general election at which such     293          

candidacy is to be voted on, whichever election occurs sooner,     294          

except a person who is a write-in candidate shall file the         295          

statement no later than the twentieth day before the earliest      296          

election at which the person's candidacy is to be voted on.  A     298          

person who holds elective office shall file the statement on or    299          

before the fifteenth day of April of each year, unless the person  301          

is a candidate for office.  A person who is appointed to fill a    303          

vacancy for an unexpired term in an elective office shall file     304          

the statement within fifteen days after the person qualifies for   306          

office.  Other persons shall file an annual statement on or        308          

before the fifteenth day of April or, if appointed or employed     309          

after that date, within ninety days after appointment or           310          

employment.  No person shall be required to file with the          311          

appropriate ethics commission more than one statement or pay more  312          

than one filing fee for any one calendar year.                     313          

      The appropriate ethics commission, for good cause, may       315          

extend for a reasonable time the deadline for filing a disclosure  316          

statement under this section.                                      317          

                                                          9      

                                                                 
      A statement filed under this section is subject to public    319          

inspection at locations designated by the appropriate ethics       320          

commission except as otherwise provided in this section.           321          

      (B)  The Ohio ethics commission, the joint legislative       323          

ethics committee, and the board of commissioners on grievances     324          

and discipline of the supreme court, using the rule-making         325          

procedures of Chapter 119. of the Revised Code, may require any    326          

class of public officials or employees under its jurisdiction and  327          

not specifically excluded by this section whose positions involve  328          

a substantial and material exercise of administrative discretion   329          

in the formulation of public policy, expenditure of public funds,  330          

enforcement of laws and rules of the state or a county or city,    331          

or the execution of other public trusts, to file an annual         332          

statement on or before the fifteenth day of April under division   333          

(A) of this section.  The appropriate ethics commission shall      334          

send the public officials or employees written notice of the       335          

requirement by the fifteenth day of February of each year the      336          

filing is required, unless the public official or employee is      337          

appointed after that date, in which case the notice shall be sent  338          

within thirty days after appointment, and the filing shall be      339          

made not later than ninety days after appointment.                 340          

      Disclosure statements filed under this division with the     342          

Ohio ethics commission by members of boards, commissions, or       343          

bureaus of the state for which no compensation is received other   344          

than reasonable and necessary expenses shall be kept               345          

confidential.  Disclosure statements filed with the Ohio ethics    347          

commission under division (A) of this section by business          348          

managers, treasurers, and superintendents of city, local,          349          

exempted village, joint vocational, or cooperative education       350          

school districts or educational service centers shall be kept      351          

confidential, except that any person conducting an audit of any                 

such school district pursuant to section 115.56 or Chapter 117.    352          

of the Revised Code may examine the disclosure statement of any    353          

business manager, treasurer, or superintendent of that school      354          

                                                          10     

                                                                 
district or educational service center.  The Ohio ethics           355          

commission shall examine each disclosure statement required to be  356          

kept confidential to determine whether a potential conflict of     357          

interest exists for the person who filed the disclosure            358          

statement.  A potential conflict of interest exists if the         359          

private interests of the person, as indicated by the person's      360          

disclosure statement, might interfere with the public interests    362          

the person is required to serve in the exercise of the person's    363          

authority and duties in the person's office or position of         364          

employment.  If the commission determines that a potential         365          

conflict of interest exists, it shall notify the person who filed  366          

the disclosure statement and shall make the portions of the        367          

disclosure statement that indicate a potential conflict of         368          

interest subject to public inspection in the same manner as is     369          

provided for other disclosure statements.  Any portion of the      370          

disclosure statement that the commission determines does not       371          

indicate a potential conflict of interest shall be kept            372          

confidential by the commission and shall not be made subject to    373          

public inspection, except as is necessary for the enforcement of   374          

Chapters 102. and 2921. of the Revised Code and except as          375          

otherwise provided in this paragraph.                                           

      (C)  No person shall knowingly fail to file, on or before    377          

the applicable filing deadline under this section, a statement     378          

that is required by this section.                                  379          

      (D)  No person shall knowingly file a false statement that   381          

is required to be filed under this section.                        382          

      (E)(1)  Except as provided in divisions (E)(2) and (3) of    384          

this section, on and after March 2, 1994, the statement required   385          

by division (A) or (B) of this section shall be accompanied by a   387          

filing fee of twenty-five dollars.                                 388          

      (2)  The statement required by division (A) of this section  390          

shall be accompanied by a filing fee to be paid by the person who  391          

is elected or appointed to or is a candidate for any of the        392          

following offices:                                                 393          

                                                          11     

                                                                 
         For state office, except member of                        395          

           state board of education                  $50           396          

         For office of member of United States                     397          

           congress or member of general assembly    $25           398          

         For county office                           $25           399          

         For office of member of state board                       400          

           of education                              $10           401          

         For office of member of city, local,                      402          

           exempted village, or cooperative                        403          

           education board of                                      404          

           education or educational service                        405          

           center governing board                    $ 5           406          

         For position of business manager,                         407          

           treasurer, or superintendent of                         408          

           city, local, exempted village, joint                    409          

           vocational, or cooperative education                    410          

           school district or                                      411          

           educational service center                $ 5           412          

      (3)  No judge of a court of record or candidate for judge    414          

of such a court, and no referee or magistrate serving a court of   415          

record, shall be required to pay the fee required under division   416          

(E)(1) or (2), or (F) of this section.                             417          

      (4)  For any public official who is appointed to a           419          

nonelective office of the state and for any employee who holds a   420          

nonelective position in a public agency of the state, the state    421          

agency that is the primary employer of the state official or       422          

employee shall pay the fee required under division (E)(1) or (F)   423          

of this section.                                                   424          

      (F)  If a statement required to be filed under this section  426          

is not filed by the date on which it is required to be filed, the  427          

appropriate ethics commission shall assess the person required to  428          

file the statement a late filing fee equal to one-half of the      429          

applicable filing fee for each day the statement is not filed,     430          

except that the total amount of the late filing fee shall not      431          

                                                          12     

                                                                 
exceed one hundred dollars.                                        432          

      (G)(1)  The appropriate ethics commission other than the     434          

Ohio ethics commission shall deposit all fees it receives under    435          

divisions (E) and (F) of this section into the general revenue     436          

fund of the state.                                                 437          

      (2)  The Ohio ethics commission shall deposit all fees it    439          

receives under divisions (E) and (F) of this section and all       440          

moneys it receives from settlements under division (G) of section  441          

102.06 of the Revised Code into the Ohio ethics commission fund,   442          

which is hereby created in the state treasury.  All moneys         443          

credited to the fund shall be used solely for expenses related to  444          

the operation of the commission.                                   445          

      (H)  Division (A) of this section does not apply to a        447          

person elected or appointed to the office of precinct, ward, or    448          

district committee member under Chapter 3517. of the Revised       449          

Code; a presidential elector; a delegate to a national             450          

convention; village or township officials and employees; any       451          

physician or psychiatrist who is paid a salary or wage in          452          

accordance with schedule C of section 124.15 or schedule E-2 of    453          

section 124.152 of the Revised Code and whose primary duties do    454          

not require the exercise of administrative discretion; or any      455          

member of a board, commission, or bureau of any county or city     456          

who receives less than one thousand dollars per year for serving   457          

in that position.                                                  458          

      Sec. 3311.71.  (A)  AS USED IN THIS SECTION AND IN SECTIONS  461          

3311.72 TO 3311.77 OF THE REVISED CODE:                            462          

      (1)  "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT     464          

THAT IS OR HAS EVER BEEN UNDER A FEDERAL COURT ORDER REQUIRING     465          

SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF   466          

THE DISTRICT BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.    467          

      (2)  "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION    469          

CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S   470          

TERRITORY.                                                         471          

      (B)  WHENEVER ANY MUNICIPAL SCHOOL DISTRICT IS RELEASED BY   474          

                                                          13     

                                                                 
A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND            475          

OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY   476          

THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL OF THAT       477          

DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW                      

NINE-MEMBER BOARD OF EDUCATION.  MEMBERS OF THE NEW BOARD SHALL    479          

BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE MEMBER AS  480          

THE CHAIRPERSON OF THE BOARD.  IN ADDITION TO THE RIGHTS,          481          

AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS                

3311.71 TO 3311.76 OF THE REVISED CODE, THE CHAIRPERSON SHALL      482          

HAVE ALL THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE      483          

PRESIDENT OF A BOARD OF EDUCATION BY THE REVISED CODE THAT ARE     484          

NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED   485          

CODE.                                                                           

      (C)  NO SCHOOL BOARD MEMBER SHALL BE APPOINTED BY THE MAYOR  487          

PURSUANT TO DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS       488          

RECEIVED A SLATE OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A    489          

MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL, AT LEAST THREE OF      490          

WHOM RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE        491          

MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF THE       492          

DISTRICT'S TERRITORY.  THE MUNICIPAL SCHOOL DISTRICT NOMINATING    493          

PANEL SHALL BE INITIALLY CONVENED AND CHAIRED BY THE STATE         494          

SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO SHALL SERVE AS A         495          

NONVOTING MEMBER FOR THE FIRST TWO YEARS OF THE PANEL'S            496          

EXISTENCE, AND SHALL CONSIST OF ELEVEN PERSONS SELECTED AS         497          

FOLLOWS:                                                                        

      (1)  THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE    499          

SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE          500          

DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION       502          

SELECTED BY THE STATE SUPERINTENDENT;                                           

      (2)  THREE PERSONS APPOINTED BY THE MAYOR;                   504          

      (3)  ONE PERSON APPOINTED BY THE PRESIDENT OF THE            506          

LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE       507          

GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY;     508          

      (4)  ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING      510          

                                                          14     

                                                                 
REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS;                  511          

      (5)  ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL    513          

DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE  514          

SUPERINTENDENT;                                                                 

      (6)  ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED  516          

BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR;  517          

      (7)  ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF     519          

HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT      520          

APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.       521          

      THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT  523          

ONE OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER   524          

THE DATE OF THE FIRST MEETING OF THE PANEL, AT WHICH TIME THE      525          

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER         526          

CONVENE OR CHAIR THE PANEL.  THEREAFTER, THE PANEL SHALL MEET AS   527          

NECESSARY TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON.                   

ALL MEMBERS OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE        528          

APPOINTING AUTHORITY.  VACANCIES ON THE PANEL SHALL BE FILLED IN   529          

THE SAME MANNER AS THE INITIAL APPOINTMENTS.                       530          

      (D)  NO INDIVIDUAL SHALL BE APPOINTED BY THE MAYOR PURSUANT  532          

TO DIVISION (B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS   534          

BEEN NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL                   

DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE.  AT ANY GIVEN TIME,  536          

FOUR OF THE NINE MEMBERS APPOINTED BY THE MAYOR TO SERVE ON THE    537          

BOARD PURSUANT TO EITHER DIVISION (B) OR (F) OF THIS SECTION       539          

SHALL HAVE DISPLAYED, PRIOR TO APPOINTMENT, SIGNIFICANT EXPERTISE               

IN EITHER THE EDUCATION FIELD, FINANCE, OR BUSINESS MANAGEMENT.    540          

AT ALL TIMES AT LEAST ONE MEMBER OF THE BOARD SHALL BE AN          541          

INDIVIDUAL WHO RESIDES IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT    542          

IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF    543          

THE DISTRICT'S TERRITORY.                                                       

      (E)  THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED BY THE     545          

MAYOR PURSUANT TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON     546          

THE NEXT THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION   547          

REQUIRED BY SECTION 3311.73 OF THE REVISED CODE.  THE MAYOR MAY,   548          

                                                          15     

                                                                 
WITH THE ADVICE AND CONSENT OF THE NOMINATING PANEL, REMOVE ANY    550          

MEMBER APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF      551          

THIS SECTION FOR CAUSE.                                                         

      (F)  IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION  554          

OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY       555          

SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE   557          

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

PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED        558          

PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION.  FIVE OF  559          

THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR       561          

TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS,     562          

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

MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER  563          

AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION.  THE  565          

MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED   566          

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

THE NUMBER OF MEMBERS TO BE APPOINTED, INCLUDING AT LEAST TWO WHO  567          

RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL   568          

CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S      569          

TERRITORY.                                                                      

      (G)  IN ADDITION TO THE NINE MEMBERS APPOINTED BY THE        571          

MAYOR, THE BOARDS APPOINTED PURSUANT TO DIVISIONS (B) AND (F) OF   572          

THIS SECTION SHALL INCLUDE THE FOLLOWING NONVOTING EX OFFICIO      573          

MEMBERS:                                                                        

      (1)  IF THE MAIN CAMPUS OF A STATE UNIVERSITY SPECIFIED IN   575          

SECTION 3345.011 OF THE REVISED CODE IS LOCATED WITHIN THE         576          

MUNICIPAL SCHOOL DISTRICT, THE PRESIDENT OF THE UNIVERSITY OR THE  577          

PRESIDENT'S DESIGNEE;                                                           

      (2)  IF ANY COMMUNITY COLLEGE HAS ITS MAIN BRANCH LOCATED    579          

WITHIN THE DISTRICT, THE PRESIDENT OF THE COMMUNITY COLLEGE THAT   581          

HAS THE LARGEST MAIN BRANCH WITHIN THE DISTRICT, OR THE            582          

PRESIDENT'S DESIGNEE.                                                           

      Sec. 3311.72.  THIS SECTION DOES NOT APPLY TO ANY            584          

PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR WHO IS      585          

                                                          16     

                                                                 
EMPLOYED TO PERFORM ADMINISTRATIVE FUNCTIONS PRIMARILY WITHIN ONE  586          

SCHOOL BUILDING.                                                                

      (A)  ON THE EFFECTIVE DATE OF THE ASSUMPTION OF CONTROL OF   589          

A MUNICIPAL SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION          590          

PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE,   592          

THE TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT         593          

SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT   594          

SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD.  AS USED IN THIS     595          

SECTION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN SECTION  596          

3319.02 OF THE REVISED CODE.                                       597          

      (B)  NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE:      599          

      (1)  UNTIL THIRTY MONTHS AFTER THE DATE OF THE ASSUMPTION    601          

OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO   603          

DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, THE MAYOR     604          

SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES   605          

OCCURRING IN THAT POSITION.                                                     

      (2)  AFTER THE BOARD APPOINTED PURSUANT TO DIVISION (B) OF   608          

SECTION 3311.71 OF THE REVISED CODE HAS BEEN IN CONTROL OF A       610          

MUNICIPAL SCHOOL DISTRICT FOR THIRTY MONTHS, THE MAYOR SHALL       612          

APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES                      

OCCURRING IN THAT POSITION, WITH THE CONCURRENCE OF THE BOARD.     613          

      (3)  AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A  615          

MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF   616          

SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE   618          

CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT   619          

POSITION, WITH THE CONCURRENCE OF THE MAYOR.                                    

      (4)  AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF        621          

EXECUTIVE OFFICER UNDER DIVISION (B)(1), (2), OR (3) OF THIS       622          

SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT        623          

INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE  624          

TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT     626          

SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL      627          

CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME:                              

      (a)  DURING THE FIRST THIRTY MONTHS AFTER THE DATE OF THE    629          

                                                          17     

                                                                 
ASSUMPTION OF CONTROL OF THE MUNICIPAL SCHOOL DISTRICT BY THE      630          

BOARD PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED   631          

CODE, THE INDIVIDUAL WILL SERVE AT THE PLEASURE OF THE MAYOR;      632          

      (b)  BEGINNING THIRTY MONTHS AFTER THE DATE OF ASSUMPTION    634          

OF CONTROL, THE INDIVIDUAL WILL SERVE AT THE PLEASURE OF THE       635          

BOARD, WITH THE MAYOR'S CONCURRENCE REQUIRED FOR REMOVAL.          636          

      (C)  THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF       638          

FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING     639          

OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER          640          

ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER     641          

SHALL DETERMINE TO BE NECESSARY.  THE CHIEF EXECUTIVE OFFICER      642          

SHALL ALSO APPOINT OMBUDSPERSONS WHO SHALL ANSWER QUESTIONS AND                 

SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND        643          

GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS.  THE CHIEF       644          

EXECUTIVE OFFICER SHALL APPOINT A SUFFICIENT NUMBER OF             645          

OMBUDSPERSONS TO SERVE THE NEEDS OF THE PARENTS AND GUARDIANS.     646          

      A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A        648          

SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE        649          

REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22    650          

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

DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF        651          

FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED    652          

CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER  653          

SHALL HAVE ALL OF THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED      654          

UPON THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF  655          

A BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE   656          

NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED   657          

CODE.                                                                           

      (D)  NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED  659          

CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A   660          

MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL     661          

HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS  663          

AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF                      

EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH         664          

                                                          18     

                                                                 
CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE        665          

APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE   666          

APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE        667          

OFFICER.                                                                        

      (E)  THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR  669          

EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN   670          

THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE         671          

NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY   672          

SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE                 

SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD.           673          

      (F)  NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF   676          

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

REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT.              677          

      Sec. 3311.73.  (A)  NO LATER THAN SEVENTY-FIVE DAYS BEFORE   679          

THE GENERAL ELECTION HELD IN THE FIRST EVEN-NUMBERED YEAR          681          

OCCURRING AT LEAST FOUR YEARS AFTER THE DATE IT ASSUMED CONTROL    682          

OF THE MUNICIPAL SCHOOL DISTRICT PURSUANT TO DIVISION (B) OF       683          

SECTION 3311.71 OF THE REVISED CODE, THE BOARD OF EDUCATION        685          

APPOINTED UNDER THAT DIVISION SHALL NOTIFY THE BOARD OF ELECTIONS  686          

OF EACH COUNTY CONTAINING TERRITORY OF THE MUNICIPAL SCHOOL                     

DISTRICT OF THE REFERENDUM ELECTION REQUIRED BY DIVISION (B) OF    688          

THIS SECTION.                                                                   

      (B)  AT THE GENERAL ELECTION HELD IN THE FIRST               690          

EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE DATE    692          

THE NEW BOARD ASSUMED CONTROL OF A MUNICIPAL SCHOOL DISTRICT                    

PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE,   694          

THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE ELECTORS          695          

RESIDING IN THE SCHOOL DISTRICT:                                                

      "SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE        697          

APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE     698          

MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE     699          

NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?"                      700          

      THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY   702          

OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL       703          

                                                          19     

                                                                 
NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE   704          

ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND      705          

CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT  707          

FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH     708          

ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE      709          

QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN     710          

SUCH PART TO AN ADJOINING PRECINCT.  SUCH AN ASSIGNMENT MAY BE     711          

MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT   712          

AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY.       713          

NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF        714          

GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE   715          

CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON    716          

WHICH THE ELECTION IS BEING HELD.  THE BALLOT SHALL BE IN THE      717          

FORM PRESCRIBED BY THE SECRETARY OF STATE.  COSTS OF SUBMITTING    718          

THE QUESTION TO THE ELECTORS SHALL BE CHARGED TO THE MUNICIPAL     719          

SCHOOL DISTRICT IN ACCORDANCE WITH SECTION 3501.17 OF THE REVISED  720          

CODE.                                                                           

      (C)  IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED  722          

IN DIVISION (B) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR    723          

SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY   724          

OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE         725          

REVISED CODE.                                                      726          

      (D)  IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED  729          

IN DIVISION (B) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW     731          

SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT       732          

REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR.    733          

AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR  734          

YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS.   735          

THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER   736          

AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A      737          

CITY SCHOOL DISTRICT.  ALL MEMBERS OF THE BOARD OF EDUCATION OF A  739          

MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF    740          

SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER  742          

THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR      743          

                                                          20     

                                                                 
SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH      744          

SECTION 3313.09 OF THE REVISED CODE.                                            

      Sec. 3311.74.  (A)  THE BOARD OF EDUCATION OF A MUNICIPAL    747          

SCHOOL DISTRICT, IN CONSULTATION WITH THE DEPARTMENT OF            748          

EDUCATION, SHALL SET GOALS FOR THE DISTRICT'S EDUCATIONAL,         749          

FINANCIAL, AND MANAGEMENT PROGRESS AND ESTABLISH ACCOUNTABILITY    750          

STANDARDS WITH WHICH TO MEASURE THE DISTRICT'S PROGRESS.           751          

      (B)  THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL SCHOOL       753          

DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A PLAN TO  755          

MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL WITHIN THE     756          

DISTRICT.  WHERE MEASUREMENTS DEMONSTRATE THAT STUDENTS IN         757          

PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT IMPROVING THEIR   758          

ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE PLAN SHALL CONTAIN   759          

PROVISIONS REQUIRING THE CHIEF EXECUTIVE OFFICER, WITH THE         760          

CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE ACTION WITHIN THOSE   761          

SCHOOLS, INCLUDING REALLOCATION OF ACADEMIC AND FINANCIAL          762          

RESOURCES, REASSIGNMENT OF STAFF, REDESIGN OF ACADEMIC PROGRAM,    763          

AND DEPLOYING ADDITIONAL ASSISTANCE TO STUDENTS.                   764          

      (C)  ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A      766          

REPORT TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF       767          

ACHIEVEMENT MEASUREMENTS MADE UNDER DIVISION (B) OF THIS SECTION   768          

AND DELINEATES THE NATURE OF ANY REFORMS AND CORRECTIVE ACTIONS    769          

BEING TAKEN IN RESPONSE TO ANY FAILURE TO ACHIEVE AT AN            770          

ACCEPTABLE LEVEL OR RATE.  THE REPORT SHALL ALSO CONTAIN           771          

DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE THE OVERALL QUALITY  772          

OR EFFICIENCY OF OPERATION OF THE DISTRICT, SHALL LIST THE SOURCE  773          

OF ALL DISTRICT REVENUES, AND SHALL CONTAIN A DESCRIPTION OF ALL   774          

DISTRICT EXPENDITURES DURING THE PRECEDING FISCAL YEAR.            775          

      (D)  THE CHIEF EXECUTIVE OFFICER SHALL IMPLEMENT A PUBLIC    777          

AWARENESS CAMPAIGN TO KEEP THE PARENTS AND GUARDIANS OF THE        778          

DISTRICT'S STUDENTS INFORMED OF THE CHANGES BEING IMPLEMENTED      779          

WITHIN THE DISTRICT.  THE CAMPAIGN MAY INCLUDE SUCH METHODS AS     780          

COMMUNITY FORUMS, LETTERS, AND BROCHURES.  IT SHALL INCLUDE        781          

ANNUAL DISTRIBUTION TO ALL PARENTS AND GUARDIANS OF AN             782          

                                                          21     

                                                                 
INFORMATION CARD SPECIFYING THE NAMES AND BUSINESS ADDRESSES AND   783          

TELEPHONE NUMBERS OF THE OMBUDSPERSONS APPOINTED UNDER SECTION     784          

3311.72 OF THE REVISED CODE AND OTHER EMPLOYEES OF THE DISTRICT    785          

BOARD OF EDUCATION WHO MAY SERVE AS INFORMATION RESOURCES FOR      786          

PARENTS AND GUARDIANS.                                             787          

      Sec. 3311.75.  (A)  A BOARD OF EDUCATION APPOINTED BY THE    789          

MAYOR PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE    791          

REVISED CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS  792          

OR PROPERTY OF ANY MUNICIPAL CORPORATION.  THE BUDGETS OF THE                   

MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE   793          

ESTIMATED, PLANNED, AND FINANCED SEPARATELY.  AT NO TIME SHALL     794          

ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE  795          

COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND         796          

ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY             797          

INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL           798          

CORPORATION.                                                                    

      (B)  THE BOARD OF A MUNICIPAL SCHOOL DISTRICT SHALL ADOPT    801          

AND FOLLOW PROCEDURES FOR THE AWARD OF ALL CONTRACTS FOR SUPPLIES               

OR SERVICES INVOLVING THE EXPENDITURE OF FIFTY THOUSAND DOLLARS    802          

OR MORE IN ANY ONE FISCAL YEAR AFTER A COMPETITIVE BID OR REQUEST  804          

FOR PROPOSAL PROCESS.  THIS DIVISION IS SUPPLEMENTAL TO SECTION    805          

3313.46 OF THE REVISED CODE.  THIS DIVISION DOES NOT APPLY TO      807          

CONTRACTS OF EMPLOYMENT OR TO CONTRACTS FOR PROFESSIONAL           808          

SERVICES; TO CONTRACTS FOR THE SECURITY AND PROTECTION OF SCHOOL   809          

PROPERTY; IN CASES OF URGENT NECESSITY AS DETERMINED BY            810          

TWO-THIRDS VOTE OF THE BOARD; OR IN ANY OF THE SITUATIONS          811          

DESCRIBED IN DIVISION (B) OF SECTION 3313.46 OF THE REVISED CODE   813          

TO WHICH THE BID PROCESS OF DIVISION (A) OF THAT SECTION DOES NOT  815          

APPLY.                                                                          

      Sec. 3311.76.  (A)  NOTWITHSTANDING CHAPTERS 3302. AND       817          

3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT    818          

CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC         819          

INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES  820          

ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY      821          

                                                          22     

                                                                 
RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO     822          

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

A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE        823          

DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE     824          

SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES,    825          

TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC            826          

OBLIGATIONS.  THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH                

THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED     827          

AND THE REASONS FOR THE REQUEST.  THE STATE SUPERINTENDENT SHALL   828          

APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED      829          

EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE            830          

DISTRICT'S STUDENTS.  THE SUPERINTENDENT SHALL APPROVE OR                       

DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE     831          

DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF         832          

APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST.                  833          

      (B)  IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES        835          

CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF        836          

EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A    837          

MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE      838          

RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL         840          

DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH       841          

SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE.                   842          

      Sec. 3311.77.  (A)  WITHIN SIXTY DAYS OF THE INITIAL         844          

CONVENING OF THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL AS     845          

REQUIRED BY DIVISION (C) OF SECTION 3311.71 OF THE REVISED CODE,   847          

THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ESTABLISH     848          

THE COMMUNITY OVERSIGHT COMMITTEE TO REVIEW AND EVALUATE THE       849          

MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN FOR ANY MUNICIPAL       850          

SCHOOL DISTRICT AS REQUIRED BY SECTIONS 3311.71 TO 3311.76 OF THE  851          

REVISED CODE.  WITHIN ONE YEAR OF ITS APPOINTMENT, AND EACH YEAR   852          

THEREAFTER, THE COMMITTEE, AFTER CONSULTING WITH THE BOARD OF      854          

EDUCATION APPOINTED UNDER SECTION 3311.71 OF THE REVISED CODE,     855          

SHALL SUBMIT A WRITTEN REPORT TO THE SPEAKER AND MINORITY LEADER   856          

OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT AND MINORITY        858          

                                                          23     

                                                                 
LEADER OF THE SENATE, AND THE CHAIRPERSONS AND RANKING MINORITY    859          

MEMBERS OF THE STANDING COMMITTEE OF EACH HOUSE OF THE GENERAL     860          

ASSEMBLY HAVING PRIMARY JURISDICTION OVER ELEMENTARY AND           861          

SECONDARY EDUCATION LEGISLATION.  THE REPORT SHALL ADDRESS THE     862          

FINANCIAL, OPERATIONAL, ACADEMIC, COMMUNITY, AND OTHER ISSUES                   

INVOLVING THE SCHOOL DISTRICT AS A RESULT OF THE IMPLEMENTATION    863          

OF THE MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN, AS WELL AS THE  864          

GENERAL CONDITION OF THE SCHOOL DISTRICT, THE GOALS AND            865          

ACCOUNTABILITY STANDARDS THE BOARD OF EDUCATION HAS ESTABLISHED    866          

UNDER DIVISION (A) OF SECTION 3311.74 OF THE REVISED CODE, AND     868          

HOW THE DISTRICT MEASURES ON EACH OF THOSE ACCOUNTABILITY                       

STANDARDS.  MEMBERS OF THE BOARD OF EDUCATION AND THE COMMUNITY    870          

OVERSIGHT COMMITTEE SHALL TESTIFY BEFORE THE EDUCATION COMMITTEE   871          

OF EITHER HOUSE OF THE GENERAL ASSEMBLY CONCERNING THE             872          

COMMITTEE'S REPORT IF SO REQUESTED TO DO SO BY THE CHAIRPERSON OF  873          

EITHER EDUCATION COMMITTEE.                                                     

      (B)  MEMBERS OF THE COMMUNITY OVERSIGHT COMMITTEE SHALL BE   875          

APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO   876          

SHALL ALSO DESIGNATE ONE MEMBER OF THE COMMITTEE AS THE            877          

CHAIRPERSON.  THE MEMBERS SHALL BE APPOINTED TO FOUR-YEAR TERMS,   879          

EACH TERM BEGINNING ON THE FIRST DAY OF JANUARY.  THE CHIEF        880          

EXECUTIVE OFFICER OF THE MUNICIPAL SCHOOL DISTRICT, APPOINTED IN   881          

ACCORDANCE WITH SECTION 3311.72 OF THE REVISED CODE, SHALL SERVE   883          

AS A NONVOTING MEMBER OF THE COMMITTEE.  NO INDIVIDUAL SHALL BE                 

APPOINTED TO THE COMMITTEE UNLESS THE INDIVIDUAL RESIDES IN AND    884          

IS A PARENT OR GUARDIAN OF A CHILD ATTENDING A PUBLIC SCHOOL IN    885          

THE MUNICIPAL SCHOOL DISTRICT.  AN INDIVIDUAL CAN BE APPOINTED TO  887          

SERVE MULTIPLE TERMS.                                                           

      (C)  MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT            889          

COMPENSATION AND SHALL BE SUBJECT TO REMOVAL BY THE STATE          890          

SUPERINTENDENT FOR CAUSE.                                          891          

      (D)  THE COMMITTEE SHALL END AT SUCH TIME AS THE MAYORAL     894          

APPOINTMENT GOVERNANCE PLAN, AS REQUIRED BY SECTIONS 3311.71 TO                 

3311.76 OF THE REVISED CODE, IS DISCONTINUED WITHIN THE MUNICIPAL  896          

                                                          24     

                                                                 
SCHOOL DISTRICT BY ANY MEANS OF LAW OR COURT ORDER.                897          

      Sec. 3313.02.  Notwithstanding division (D) of section       906          

3311.19 and division (D) of section 3311.52 of the Revised Code,   907          

this section and sections 3313.03 to 3313.09 of the Revised Code   908          

do not apply to a joint vocational or cooperative education        909          

school district.  THIS SECTION DOES NOT APPLY TO A MUNICIPAL       910          

SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO      911          

DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE.        912          

      In city school districts containing, according to the last   914          

federal census, a population of less than fifty thousand persons,  915          

the board of education shall consist of not less than three nor    916          

more than five members elected at large by the qualified electors  917          

of such district.                                                  918          

      In city school districts containing, according to the last   920          

federal census, a population of fifty thousand or more, but less   921          

than one hundred fifty thousand persons, the board shall consist   922          

of not less than two nor more than seven members elected at large  923          

and not more than two members elected from subdistricts by the     924          

qualified electors of their respective subdistricts.               925          

      In city school districts containing, according to the last   927          

federal census, a population of one hundred fifty thousand         928          

persons or more, the board shall consist of not less than five     929          

nor more than seven members elected at large by the qualified      930          

electors of such district.                                         931          

      Sec. 3313.04.  If THIS SECTION AND SECTIONS 3313.05 TO       940          

3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL   941          

DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY   942          

SECTION 3311.73 OF THE REVISED CODE.                                            

      IF, at any time, a petition signed by ten per cent of the    945          

electors in any city district is filed with the treasurer of the   946          

board of education of such district asking that the question,      947          

"what shall be the number of members and what shall be the         948          

organization of the board of education of such district," be       949          

submitted to the electors thereof, such board of education shall   950          

                                                          25     

                                                                 
within thirty days after the filing of such petition provide by    951          

resolution for submitting such question to the electors of such    952          

district.  Such question shall not be submitted to a referendum    953          

vote more than once in any period of four years and the            954          

percentage of electors required to sign such petition shall be     955          

based upon the total vote cast at the most recent regular          957          

municipal election.                                                             

      Said resolution shall require that such question be          959          

submitted at the next regular municipal election and shall also    960          

provide for the appointment of a commission to frame two or more   961          

plans of organization for submission.  Except as otherwise         962          

provided in this section, the commission shall consist of seven    963          

members, three of whom shall be appointed by the president of the  964          

board of education of such district, two by the mayor of the city  965          

in which such district is located, and two by the president of     966          

the board of sinking fund trustees of such city.  If a city does   967          

not have a board of sinking fund trustees, the city treasurer or   968          

the officer who exercises the functions of a treasurer shall       969          

appoint two members.                                               970          

      When a school district has territory in more than one city,  972          

the commission shall consist of three members appointed by the     973          

president of the board of education, one member appointed by the   974          

mayor of each city in which the district has territory, and one    975          

member appointed by the president of the board of sinking fund     976          

trustees of each such city.  If any city does not have a board of  977          

sinking fund trustees, that city's treasurer or the officer who    978          

exercises the functions of a treasurer shall appoint one member.   979          

      A certified copy of said resolution shall immediately after  981          

its passage be transmitted to the mayor and president of the       982          

board of sinking fund trustees of the city or cities in which the  983          

district has territory, and such commission shall be appointed     984          

and shall organize within sixty days after the passage of said     985          

resolution.                                                        986          

      Sec. 3313.11.  Notwithstanding division (D) of section       995          

                                                          26     

                                                                 
3311.19 and division (D) of section 3311.52 of the Revised Code,   996          

this section does not apply to any joint vocational or             997          

cooperative education school district.                             998          

      A vacancy in any board of education may be caused by death,  1,000        

nonresidence, resignation, removal from office, failure of a       1,001        

person elected or appointed to qualify within ten days after the   1,002        

organization of the board or of his appointment or election,       1,003        

removal from the district, or absence from meetings of the board   1,004        

for a period of ninety days, if such absence is caused by reasons  1,005        

declared insufficient by a two-thirds vote of the remaining        1,006        

members of the board, which vote must be taken and entered upon    1,007        

the records of the board not less than thirty days after such      1,008        

absence.  Any                                                      1,009        

      IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT    1,011        

TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE,     1,012        

THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL     1,013        

FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE     1,014        

THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST       1,015        

THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT                         

NOMINATING PANEL ESTABLISHED UNDER THAT SECTION.  IF THE MEMBER    1,017        

CREATING THE VACANCY RESIDES IN A MUNICIPAL SCHOOL DISTRICT BUT    1,018        

NOT IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION   1,019        

OF THE DISTRICT'S TERRITORY, THE INDIVIDUALS INCLUDED ON SUCH      1,020        

SLATE SHALL ALSO RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT   1,021        

IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF    1,022        

THE DISTRICT'S TERRITORY.                                          1,023        

      IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD     1,025        

SHALL FILL ANY such vacancy shall be filled by the board at its    1,026        

next regular or special meeting, not earlier than ten days after   1,027        

such vacancy occurs.  A majority vote of all the remaining         1,028        

members of the board may fill any such vacancy.  Immediately       1,029        

after such a vote, the treasurer of the board of education shall   1,030        

give written notice to the board of elections responsible for      1,031        

conducting elections for that school district that a vacancy has   1,032        

                                                          27     

                                                                 
been filled, and the name of the person appointed to fill the      1,033        

vacancy.  Each person selected by the board or probate court to    1,034        

fill a vacancy shall hold office for the shorter of the following  1,035        

periods:  until the completion of the unexpired term, or until     1,036        

the first day of January immediately following the next regular    1,037        

board of education election taking place more than ninety days     1,038        

after a person is selected by the board or probate court to fill   1,039        

the vacancy.  At that election, a special election to fill the     1,040        

vacancy shall be held in accordance with laws controlling regular  1,041        

elections for board of education members, except that no such      1,042        

special election shall be held if the unexpired term ends on or    1,043        

before the first day of January immediately following that         1,044        

regular board of education election.  The term of a person chosen  1,045        

at a special election under this section shall begin on the first  1,046        

day of January immediately following the election, and he THE      1,047        

PERSON shall serve for the remainder of the unexpired term.        1,048        

Whenever the need for a special election under this section        1,049        

becomes known, the board of education shall immediately give       1,050        

written notice of this fact to the board of elections responsible  1,051        

for conducting the regular board of education election for that    1,052        

school district.                                                                

      The term of a board of education member shall not be         1,054        

lengthened by his THE MEMBER'S resignation and subsequent          1,055        

selection by the board or probate court under this section.        1,056        

      Sec. 3313.70.  No member of the board of education in any    1,065        

district shall be eligible to the appointment of school            1,066        

physician, school dentist, or school nurse during the period for   1,067        

which he THE MEMBER is elected OR APPOINTED.                       1,068        

      Sec. 3315.15.  Any city, local, or exempted village board    1,077        

of education may by resolution set aside each year from the        1,078        

general fund a sum not to exceed two dollars for each child        1,079        

enrolled in the district, or twenty thousand dollars, whichever    1,080        

is greater.  Any educational service center governing board may    1,082        

by resolution set aside each year from the educational service     1,083        

                                                          28     

                                                                 
center fund a sum not to exceed twenty thousand dollars.  The      1,084        

amount set aside shall be placed in a fund known as the "service   1,085        

fund," which shall be used only in paying the expenses of members  1,086        

of such boards of education and educational service center         1,087        

governing boards actually incurred in the performance of their     1,088        

duties, or in paying the expenses of members-elect MEMBERS-TO-BE   1,089        

of such boards actually incurred in training and orientation to    1,090        

the performance of their duties from the date of election OR       1,091        

APPOINTMENT to the date of administration of the oath of office.   1,092        

Such payments shall be made only in such amount as may be          1,093        

approved by the board on statement of the several members or       1,094        

members-elect MEMBERS-TO-BE furnished at the next succeeding       1,095        

regular meeting of such board.  No board shall appropriate or                   

expend a sum greater than sixty thousand dollars in any one        1,096        

school year from such service fund.                                1,097        

      Sec. 3329.08.  At any regular meeting, the board of          1,106        

education of each local school district, from lists adopted by     1,107        

the educational service center governing board, and the board of   1,108        

education of each city and exempted village school district shall  1,109        

determine by a majority vote of all members elected OR APPOINTED   1,110        

UNDER DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE   1,111        

which of such textbooks so filed shall be used in the schools      1,112        

under its control.  No textbooks shall be changed, nor any part    1,113        

thereof altered or revised, nor any other textbook substituted     1,114        

therefor, within four years after the date of selection and                     

adoption thereof, as shown by the official records of such         1,115        

boards, except by the consent, at a regular meeting, of            1,116        

four-fifths of all members elected thereto.  Books so substituted  1,117        

shall be adopted for the full term of four years.                  1,118        

      Section 2.  That existing sections 102.02, 3313.02,          1,120        

3313.04, 3313.11, 3313.70, 3315.15, and 3329.08 of the Revised     1,121        

Code are hereby repealed.                                                       

      Section 3.  The Cleveland City School District shall base    1,123        

the goals and accountability standards required by division (A)    1,124        

                                                          29     

                                                                 
of section 3311.74 of the Revised Code on the October 1996         1,125        

working draft "A Commitment to Action:  1996-1997 Strategic Plan   1,126        

and School-Community Covenant."                                    1,127