As Passed by the House 1
122nd General Assembly 4
Regular Session Am. H. B. No. 56 5
1997-1998 6
REPRESENTATIVES CALLENDER-GARDNER-PRENTISS-HARRIS-JONES-WHALEN- 8
METZGER-BATEMAN 9
11
A B I L L
To amend section 3319.02 of the Revised Code to 13
permit a school board to enter into 14
administrative contracts with nonlicensed 15
employees who are considered to be supervisory or 16
management level employees for purposes of 17
collective bargaining, and to declare an 18
emergency. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 3319.02 of the Revised Code be 23
amended to read as follows: 24
Sec. 3319.02. (A) As used in this section, "other 33
administrator" means any employee in a position for which a board 34
of education requires a license designated for being an 35
administrator, other than a superintendent, assistant 36
superintendent, principal, or assistant principal, issued under 37
section 3319.22 of the Revised Code OR ANY NONLICENSED EMPLOYEE 38
WHOSE JOB DUTIES ENABLE SUCH EMPLOYEE TO BE CONSIDERED AS EITHER 39
A "SUPERVISOR" OR A "MANAGEMENT LEVEL EMPLOYEE," AS DEFINED IN 40
SECTION 4117.01 OF THE REVISED CODE.
(B) The board of education of each school district and the 42
governing board of an educational service center may appoint one 44
or more assistant superintendents and such other administrators 45
as are necessary. An assistant educational service center 46
superintendent or service center supervisor employed on a 47
part-time basis may also be employed by a local board as a 48
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teacher. The board of each city, exempted village, and local 49
school district shall employ principals for all high schools and 50
for such other schools as the board designates, and those boards 51
may appoint assistant principals for any school that they 52
designate.
(C) In educational service centers and in city and 54
exempted village school districts, assistant superintendents, 56
principals, assistant principals, and other administrators shall 57
only be employed or reemployed in accordance with nominations of 58
the superintendent except that a city or exempted village board 59
of education or the governing board of a service center, by a 60
three-fourths vote, may reemploy any assistant superintendent, 61
principal, assistant principal, or other administrator whom the 62
superintendent refuses to nominate after considering two nominees 63
for the position. In local school districts, assistant 64
superintendents, principals, assistant principals, and other 65
administrators shall only be employed or reemployed in accordance 66
with nominations of the superintendent of the service center of 67
which the local district is a part except that a local board of 68
education, by a majority vote, may reemploy any assistant 69
superintendent, principal, assistant principal, or other 70
administrator whom such superintendent refuses to nominate after 71
considering two nominees for the position. 72
The board of education or governing board shall execute a 74
written contract of employment with each assistant 76
superintendent, principal, assistant principal, and other 77
administrator it employs or reemploys. The term of such contract 78
shall not exceed three years except that in the case of a person 79
who has been employed as an assistant superintendent, principal, 80
assistant principal, or other administrator in the district or 81
center for three years or more, the term of the contract shall be 82
for not more than five years and, unless the superintendent of 83
the district recommends otherwise, not less than two years. If 84
the superintendent so recommends, the term of the contract of a 85
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person who has been employed by the district or service center as 86
an assistant superintendent, principal, assistant principal, or 88
other administrator for three years or more may be one year, but 89
all subsequent contracts granted such person shall be for a term 90
of not less than two years and not more than five years. When a 91
teacher with continuing service status becomes an assistant 92
superintendent, principal, assistant principal, or other 93
administrator with the district or service center with which the 94
teacher holds continuing service status, the teacher retains such 96
status in the teacher's nonadministrative position as provided in 98
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 100
assistant superintendent, principal, assistant principal, or 101
other administrator at any regular or special meeting held during 102
the period beginning on the first day of January of the calendar 103
year immediately preceding the year of expiration of the 104
employment contract and ending on the last day of March of the 105
year the employment contract expires. 106
Except by mutual agreement of the parties thereto, no 108
assistant superintendent, principal, assistant principal, or 109
other administrator shall be transferred during the life of a 111
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 113
3319.16 or 3319.17 of the Revised Code. The salaries and 114
compensation prescribed by such contracts shall not be reduced by 115
a board unless such reduction is a part of a uniform plan 116
affecting the entire district or center. The contract shall 117
specify the employee's administrative position and duties, the 118
salary and other compensation to be paid for performance of 119
duties, the number of days to be worked, the number of days of 120
vacation leave, if any, and any paid holidays in the contractual 121
year.
An assistant superintendent, principal, assistant 123
principal, or other administrator is, at the expiration of the 125
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current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 127
such employee notifies the board in writing to the contrary on or 128
before the first day of June, or unless such board, on or before 129
the last day of March of the year in which the contract of 130
employment expires, either reemploys such employee for a 131
succeeding term or gives written notice of its intention not to 133
reemploy the employee. The term of reemployment of a person 134
reemployed under this paragraph shall be one year, except that if 135
such person has been employed by the school district or service 136
center as an assistant superintendent, principal, assistant 137
principal, or other administrator for three years or more, the 138
term of reemployment shall be two years. 139
(D) Each board shall adopt procedures for the evaluation 142
of all assistant superintendents, principals, assistant 143
principals, and other administrators and shall evaluate such 144
employees in accordance with those procedures. The evaluation 145
based upon such procedures shall be considered by the board in 146
deciding whether to renew the contract of employment of an 147
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 148
superintendent's, principal's, assistant principal's, and other 149
administrator's effectiveness in performing the duties included 150
in the job description and the evaluation procedures shall 151
provide for, but not be limited to, the following: 152
(1) Each assistant superintendent, principal, assistant 154
principal, and other administrator shall be evaluated annually 155
through a written evaluation process. 156
(2) The evaluation shall be conducted by the 158
superintendent or designee. 159
(3) In order to provide time to show progress in 161
correcting the deficiencies identified in the evaluation process 162
the completed evaluation shall be received by the employee at 164
least sixty days prior to any action by the board on the 165
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employee's contract of employment.
Termination or suspension of an assistant superintendent, 167
principal, assistant principal, or other administrator's contract 168
shall be pursuant to section 3319.16 or 3319.17 of the Revised 169
Code. 170
The establishment of an evaluation procedure shall not 172
create an expectancy of continued employment. Nothing in this 173
section shall prevent a board from making the final determination 175
regarding the renewal of or failure to renew the contract of any 176
assistant superintendent, principal, assistant principal, or 177
other administrator.
Before taking action to renew or nonrenew the contract of 179
an assistant superintendent, principal, assistant principal, or 180
other administrator under this section and prior to the last day 181
of March of the year in which such employee's contract expires, 182
the board shall notify each such employee of the date that the 184
contract expires and that the employee may request a meeting with 185
the board. Upon request by such an employee, the board shall 186
grant the employee a meeting in executive session to discuss the 187
reasons for considering renewal or nonrenewal of the contract. 188
(E) On nomination of the superintendent of a service 191
center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 192
exceed five years each. Such contracts may be terminated by a 193
governing board pursuant to section 3319.16 of the Revised Code. 195
Any supervisor employed pursuant to this division may terminate 196
the contract of employment at the end of any school year after 197
giving the board at least thirty days' written notice prior to 198
such termination. On the recommendation of the superintendent 199
the contract or contracts of any supervisor employed pursuant to 200
this division may be suspended for the remainder of the term of 201
any such contract if there is a reduction of the number of 202
approved supervisory teacher units allocated to the service 203
center pursuant to division (D) of section 3317.05 of the Revised 204
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Code, or pursuant to section 3319.17 of the Revised Code. 205
(F) A board may establish vacation leave for any 208
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 209
leave may compensate such an individual at the individual's 210
current rate of pay for all lawfully accrued and unused vacation 212
leave credited at the time of separation, not to exceed the 213
amount accrued within three years before the date of separation. 214
In case of the death of an individual employed under this 215
section, such unused vacation leave as the board would have paid 216
to the individual upon separation under this section shall be 217
paid in accordance with section 2113.04 of the Revised Code, or 218
to the estate. 219
Section 2. That existing section 3319.02 of the Revised 221
Code is hereby repealed. 222
Section 3. This act is hereby declared to be an emergency 224
measure necessary for the immediate preservation of the public 225
peace, health, and safety. The reason for such necessity is to 226
restore essential contracting authority to school districts in 227
time for the next fiscal year. Therefore, this act shall go into 228
immediate effect.