As Reported by the House Education Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 56 5
1997-1998 6
REPRESENTATIVES CALLENDER-GARDNER-PRENTISS-HARRIS-JONES-WHALEN 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 14
employees who are considered to be supervisory or 15
management level employees for purposes of 16
collective bargaining, and to declare an 17
emergency. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 3319.02 of the Revised Code be 22
amended to read as follows: 23
Sec. 3319.02. (A) As used in this section, "other 32
administrator" means any employee in a position for which a board 33
of education requires a license designated for being an 34
administrator, other than a superintendent, assistant 35
superintendent, principal, or assistant principal, issued under 36
section 3319.22 of the Revised Code OR ANY NONLICENSED EMPLOYEE 37
WHOSE JOB DUTIES ENABLE SUCH EMPLOYEE TO BE CONSIDERED AS EITHER 38
A "SUPERVISOR" OR A "MANAGEMENT LEVEL EMPLOYEE," AS DEFINED IN 39
SECTION 4117.01 OF THE REVISED CODE.
(B) The board of education of each school district and the 41
governing board of an educational service center may appoint one 43
or more assistant superintendents and such other administrators 44
as are necessary. An assistant educational service center 45
superintendent or service center supervisor employed on a 46
part-time basis may also be employed by a local board as a 47
teacher. The board of each city, exempted village, and local 48
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school district shall employ principals for all high schools and 49
for such other schools as the board designates, and those boards 50
may appoint assistant principals for any school that they 51
designate.
(C) In educational service centers and in city and 53
exempted village school districts, assistant superintendents, 55
principals, assistant principals, and other administrators shall 56
only be employed or reemployed in accordance with nominations of 57
the superintendent except that a city or exempted village board 58
of education or the governing board of a service center, by a 59
three-fourths vote, may reemploy any assistant superintendent, 60
principal, assistant principal, or other administrator whom the 61
superintendent refuses to nominate after considering two nominees 62
for the position. In local school districts, assistant 63
superintendents, principals, assistant principals, and other 64
administrators shall only be employed or reemployed in accordance 65
with nominations of the superintendent of the service center of 66
which the local district is a part except that a local board of 67
education, by a majority vote, may reemploy any assistant 68
superintendent, principal, assistant principal, or other 69
administrator whom such superintendent refuses to nominate after 70
considering two nominees for the position. 71
The board of education or governing board shall execute a 73
written contract of employment with each assistant 75
superintendent, principal, assistant principal, and other 76
administrator it employs or reemploys. The term of such contract 77
shall not exceed three years except that in the case of a person 78
who has been employed as an assistant superintendent, principal, 79
assistant principal, or other administrator in the district or 80
center for three years or more, the term of the contract shall be 81
for not more than five years and, unless the superintendent of 82
the district recommends otherwise, not less than two years. If 83
the superintendent so recommends, the term of the contract of a 84
person who has been employed by the district or service center as 85
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an assistant superintendent, principal, assistant principal, or 87
other administrator for three years or more may be one year, but 88
all subsequent contracts granted such person shall be for a term 89
of not less than two years and not more than five years. When a 90
teacher with continuing service status becomes an assistant 91
superintendent, principal, assistant principal, or other 92
administrator with the district or service center with which the 93
teacher holds continuing service status, the teacher retains such 95
status in the teacher's nonadministrative position as provided in 97
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 99
assistant superintendent, principal, assistant principal, or 100
other administrator at any regular or special meeting held during 101
the period beginning on the first day of January of the calendar 102
year immediately preceding the year of expiration of the 103
employment contract and ending on the last day of March of the 104
year the employment contract expires. 105
Except by mutual agreement of the parties thereto, no 107
assistant superintendent, principal, assistant principal, or 108
other administrator shall be transferred during the life of a 110
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 112
3319.16 or 3319.17 of the Revised Code. The salaries and 113
compensation prescribed by such contracts shall not be reduced by 114
a board unless such reduction is a part of a uniform plan 115
affecting the entire district or center. The contract shall 116
specify the employee's administrative position and duties, the 117
salary and other compensation to be paid for performance of 118
duties, the number of days to be worked, the number of days of 119
vacation leave, if any, and any paid holidays in the contractual 120
year.
An assistant superintendent, principal, assistant 122
principal, or other administrator is, at the expiration of the 124
current term of employment, deemed reemployed at the same salary
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plus any increments that may be authorized by the board, unless 126
such employee notifies the board in writing to the contrary on or 127
before the first day of June, or unless such board, on or before 128
the last day of March of the year in which the contract of 129
employment expires, either reemploys such employee for a 130
succeeding term or gives written notice of its intention not to 132
reemploy the employee. The term of reemployment of a person 133
reemployed under this paragraph shall be one year, except that if 134
such person has been employed by the school district or service 135
center as an assistant superintendent, principal, assistant 136
principal, or other administrator for three years or more, the 137
term of reemployment shall be two years. 138
(D) Each board shall adopt procedures for the evaluation 141
of all assistant superintendents, principals, assistant 142
principals, and other administrators and shall evaluate such 143
employees in accordance with those procedures. The evaluation 144
based upon such procedures shall be considered by the board in 145
deciding whether to renew the contract of employment of an 146
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 147
superintendent's, principal's, assistant principal's, and other 148
administrator's effectiveness in performing the duties included 149
in the job description and the evaluation procedures shall 150
provide for, but not be limited to, the following: 151
(1) Each assistant superintendent, principal, assistant 153
principal, and other administrator shall be evaluated annually 154
through a written evaluation process. 155
(2) The evaluation shall be conducted by the 157
superintendent or designee. 158
(3) In order to provide time to show progress in 160
correcting the deficiencies identified in the evaluation process 161
the completed evaluation shall be received by the employee at 163
least sixty days prior to any action by the board on the 164
employee's contract of employment.
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Termination or suspension of an assistant superintendent, 166
principal, assistant principal, or other administrator's contract 167
shall be pursuant to section 3319.16 or 3319.17 of the Revised 168
Code. 169
The establishment of an evaluation procedure shall not 171
create an expectancy of continued employment. Nothing in this 172
section shall prevent a board from making the final determination 174
regarding the renewal of or failure to renew the contract of any 175
assistant superintendent, principal, assistant principal, or 176
other administrator.
Before taking action to renew or nonrenew the contract of 178
an assistant superintendent, principal, assistant principal, or 179
other administrator under this section and prior to the last day 180
of March of the year in which such employee's contract expires, 181
the board shall notify each such employee of the date that the 183
contract expires and that the employee may request a meeting with 184
the board. Upon request by such an employee, the board shall 185
grant the employee a meeting in executive session to discuss the 186
reasons for considering renewal or nonrenewal of the contract. 187
(E) On nomination of the superintendent of a service 190
center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 191
exceed five years each. Such contracts may be terminated by a 192
governing board pursuant to section 3319.16 of the Revised Code. 194
Any supervisor employed pursuant to this division may terminate 195
the contract of employment at the end of any school year after 196
giving the board at least thirty days' written notice prior to 197
such termination. On the recommendation of the superintendent 198
the contract or contracts of any supervisor employed pursuant to 199
this division may be suspended for the remainder of the term of 200
any such contract if there is a reduction of the number of 201
approved supervisory teacher units allocated to the service 202
center pursuant to division (D) of section 3317.05 of the Revised 203
Code, or pursuant to section 3319.17 of the Revised Code. 204
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(F) A board may establish vacation leave for any 207
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 208
leave may compensate such an individual at the individual's 209
current rate of pay for all lawfully accrued and unused vacation 211
leave credited at the time of separation, not to exceed the 212
amount accrued within three years before the date of separation. 213
In case of the death of an individual employed under this 214
section, such unused vacation leave as the board would have paid 215
to the individual upon separation under this section shall be 216
paid in accordance with section 2113.04 of the Revised Code, or 217
to the estate. 218
Section 2. That existing section 3319.02 of the Revised 220
Code is hereby repealed. 221
Section 3. This act is hereby declared to be an emergency 223
measure necessary for the immediate preservation of the public 224
peace, health, and safety. The reason for such necessity is to 225
restore essential contracting authority to school districts in 226
time for the next fiscal year. Therefore, this act shall go into 227
immediate effect.