As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 56 5
1997-1998 6
REPRESENTATIVES CALLENDER-GARDNER 8
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A B I L L
To amend section 3319.02 of the Revised Code to 12
permit a school board to enter into 13
administrative contracts with nonlicensed
employees who are considered to be supervisory or 14
management level employees for purposes of
collective bargaining. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 3319.02 of the Revised Code be 19
amended to read as follows: 20
Sec. 3319.02. (A) As used in this section, "other 29
administrator" means any employee in a position for which a board 30
of education requires a license designated for being an 31
administrator, other than a superintendent, assistant 32
superintendent, principal, or assistant principal, issued under 33
section 3319.22 of the Revised Code OR ANY NONLICENSED EMPLOYEE 34
WHOSE JOB DUTIES ENABLE SUCH EMPLOYEE TO BE CONSIDERED AS EITHER 35
A "SUPERVISOR" OR A "MANAGEMENT LEVEL EMPLOYEE," AS DEFINED IN 36
SECTION 4117.01 OF THE REVISED CODE.
(B) The board of education of each school district and the 38
governing board of an educational service center may appoint one 40
or more assistant superintendents and such other administrators 41
as are necessary. An assistant educational service center 42
superintendent or service center supervisor employed on a 43
part-time basis may also be employed by a local board as a 44
teacher. The board of each city, exempted village, and local 45
school district shall employ principals for all high schools and 46
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for such other schools as the board designates, and those boards 47
may appoint assistant principals for any school that they 48
designate.
(C) In educational service centers and in city and 50
exempted village school districts, assistant superintendents, 52
principals, assistant principals, and other administrators shall 53
only be employed or reemployed in accordance with nominations of 54
the superintendent except that a city or exempted village board 55
of education or the governing board of a service center, by a 56
three-fourths vote, may reemploy any assistant superintendent, 57
principal, assistant principal, or other administrator whom the 58
superintendent refuses to nominate after considering two nominees 59
for the position. In local school districts, assistant 60
superintendents, principals, assistant principals, and other 61
administrators shall only be employed or reemployed in accordance 62
with nominations of the superintendent of the service center of 63
which the local district is a part except that a local board of 64
education, by a majority vote, may reemploy any assistant 65
superintendent, principal, assistant principal, or other 66
administrator whom such superintendent refuses to nominate after 67
considering two nominees for the position. 68
The board of education or governing board shall execute a 70
written contract of employment with each assistant 72
superintendent, principal, assistant principal, and other 73
administrator it employs or reemploys. The term of such contract 74
shall not exceed three years except that in the case of a person 75
who has been employed as an assistant superintendent, principal, 76
assistant principal, or other administrator in the district or 77
center for three years or more, the term of the contract shall be 78
for not more than five years and, unless the superintendent of 79
the district recommends otherwise, not less than two years. If 80
the superintendent so recommends, the term of the contract of a 81
person who has been employed by the district or service center as 82
an assistant superintendent, principal, assistant principal, or 84
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other administrator for three years or more may be one year, but 85
all subsequent contracts granted such person shall be for a term 86
of not less than two years and not more than five years. When a 87
teacher with continuing service status becomes an assistant 88
superintendent, principal, assistant principal, or other 89
administrator with the district or service center with which the 90
teacher holds continuing service status, the teacher retains such 92
status in the teacher's nonadministrative position as provided in 94
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 96
assistant superintendent, principal, assistant principal, or 97
other administrator at any regular or special meeting held during 98
the period beginning on the first day of January of the calendar 99
year immediately preceding the year of expiration of the 100
employment contract and ending on the last day of March of the 101
year the employment contract expires. 102
Except by mutual agreement of the parties thereto, no 104
assistant superintendent, principal, assistant principal, or 105
other administrator shall be transferred during the life of a 107
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 109
3319.16 or 3319.17 of the Revised Code. The salaries and 110
compensation prescribed by such contracts shall not be reduced by 111
a board unless such reduction is a part of a uniform plan 112
affecting the entire district or center. The contract shall 113
specify the employee's administrative position and duties, the 114
salary and other compensation to be paid for performance of 115
duties, the number of days to be worked, the number of days of 116
vacation leave, if any, and any paid holidays in the contractual 117
year.
An assistant superintendent, principal, assistant 119
principal, or other administrator is, at the expiration of the 121
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 123
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such employee notifies the board in writing to the contrary on or 124
before the first day of June, or unless such board, on or before 125
the last day of March of the year in which the contract of 126
employment expires, either reemploys such employee for a 127
succeeding term or gives written notice of its intention not to 129
reemploy the employee. The term of reemployment of a person 130
reemployed under this paragraph shall be one year, except that if 131
such person has been employed by the school district or service 132
center as an assistant superintendent, principal, assistant 133
principal, or other administrator for three years or more, the 134
term of reemployment shall be two years. 135
(D) Each board shall adopt procedures for the evaluation 138
of all assistant superintendents, principals, assistant 139
principals, and other administrators and shall evaluate such 140
employees in accordance with those procedures. The evaluation 141
based upon such procedures shall be considered by the board in 142
deciding whether to renew the contract of employment of an 143
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 144
superintendent's, principal's, assistant principal's, and other 145
administrator's effectiveness in performing the duties included 146
in the job description and the evaluation procedures shall 147
provide for, but not be limited to, the following: 148
(1) Each assistant superintendent, principal, assistant 150
principal, and other administrator shall be evaluated annually 151
through a written evaluation process. 152
(2) The evaluation shall be conducted by the 154
superintendent or designee. 155
(3) In order to provide time to show progress in 157
correcting the deficiencies identified in the evaluation process 158
the completed evaluation shall be received by the employee at 160
least sixty days prior to any action by the board on the 161
employee's contract of employment.
Termination or suspension of an assistant superintendent, 163
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principal, assistant principal, or other administrator's contract 164
shall be pursuant to section 3319.16 or 3319.17 of the Revised 165
Code. 166
The establishment of an evaluation procedure shall not 168
create an expectancy of continued employment. Nothing in this 169
section shall prevent a board from making the final determination 171
regarding the renewal of or failure to renew the contract of any 172
assistant superintendent, principal, assistant principal, or 173
other administrator.
Before taking action to renew or nonrenew the contract of 175
an assistant superintendent, principal, assistant principal, or 176
other administrator under this section and prior to the last day 177
of March of the year in which such employee's contract expires, 178
the board shall notify each such employee of the date that the 180
contract expires and that the employee may request a meeting with 181
the board. Upon request by such an employee, the board shall 182
grant the employee a meeting in executive session to discuss the 183
reasons for considering renewal or nonrenewal of the contract. 184
(E) On nomination of the superintendent of a service 187
center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 188
exceed five years each. Such contracts may be terminated by a 189
governing board pursuant to section 3319.16 of the Revised Code. 191
Any supervisor employed pursuant to this division may terminate 192
the contract of employment at the end of any school year after 193
giving the board at least thirty days' written notice prior to 194
such termination. On the recommendation of the superintendent 195
the contract or contracts of any supervisor employed pursuant to 196
this division may be suspended for the remainder of the term of 197
any such contract if there is a reduction of the number of 198
approved supervisory teacher units allocated to the service 199
center pursuant to division (D) of section 3317.05 of the Revised 200
Code, or pursuant to section 3319.17 of the Revised Code. 201
(F) A board may establish vacation leave for any 204
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individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 205
leave may compensate such an individual at the individual's 206
current rate of pay for all lawfully accrued and unused vacation 208
leave credited at the time of separation, not to exceed the 209
amount accrued within three years before the date of separation. 210
In case of the death of an individual employed under this 211
section, such unused vacation leave as the board would have paid 212
to the individual upon separation under this section shall be 213
paid in accordance with section 2113.04 of the Revised Code, or 214
to the estate. 215
Section 2. That existing section 3319.02 of the Revised 217
Code is hereby repealed. 218