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