As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 238 5
1999-2000 6
REPRESENTATIVES WOMER BENJAMIN-GARDNER 8
_________________________________________________________________ 9
A B I L L
To amend section 3319.02 of the Revised Code to 11
authorize school districts and educational 12
service centers to employ under administrative
contracts individuals licensed as pupil services 13
employees or administrative specialists or their 14
equivalent who are not school counselors and
spend less than fifty per cent of their time 15
teaching or working with students.
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)(1) As used in this section, "other 29
administrator" means EITHER OF THE FOLLOWING: 30
(a) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, 33
any employee in a position for which a board of education 34
requires a license designated BY RULE OF THE DEPARTMENT OF
EDUCATION for being an administrator, other than a 36
superintendent, assistant superintendent, principal, or assistant 37
principal, issued under section 3319.22 of the Revised Code or 38
any, INCLUDING A PROFESSIONAL PUPIL SERVICES EMPLOYEE OR 39
ADMINISTRATIVE SPECIALIST OR AN EQUIVALENT OF EITHER ONE WHO IS
NOT EMPLOYED AS A SCHOOL COUNSELOR AND SPENDS LESS THAN FIFTY PER 40
CENT OF THE TIME EMPLOYED TEACHING OR WORKING WITH STUDENTS; 41
(b) ANY nonlicensed employee whose job duties enable such 44
employee to be considered as either a "supervisor" or a 45
"management level employee," as defined in section 4117.01 of the 46
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Revised Code.
(2) AS USED IN THIS SECTION, "OTHER ADMINISTRATOR" DOES 48
NOT INCLUDE A SUPERINTENDENT, ASSISTANT SUPERINTENDENT, 49
PRINCIPAL, OR ASSISTANT PRINCIPAL. 50
(B) The board of education of each school district and the 52
governing board of an educational service center may appoint one 54
or more assistant superintendents and such other administrators 55
as are necessary. An assistant educational service center 56
superintendent or service center supervisor employed on a 57
part-time basis may also be employed by a local board as a 58
teacher. The board of each city, exempted village, and local 59
school district shall employ principals for all high schools and 60
for such other schools as the board designates, and those boards 61
may appoint assistant principals for any school that they 62
designate.
(C) In educational service centers and in city and 64
exempted village school districts, assistant superintendents, 66
principals, assistant principals, and other administrators shall 67
only be employed or reemployed in accordance with nominations of 68
the superintendent except that a city or exempted village board 69
of education or the governing board of a service center, by a 70
three-fourths vote, may reemploy any assistant superintendent, 71
principal, assistant principal, or other administrator whom the 72
superintendent refuses to nominate after considering two nominees 73
for the position. In local school districts, assistant 74
superintendents, principals, assistant principals, and other 75
administrators shall only be employed or reemployed in accordance 76
with nominations of the superintendent of the service center of 77
which the local district is a part except that a local board of 78
education, by a majority vote, may reemploy any assistant 79
superintendent, principal, assistant principal, or other 80
administrator whom such superintendent refuses to nominate after 81
considering two nominees for the position. 82
The board of education or governing board shall execute a 84
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written contract of employment with each assistant 86
superintendent, principal, assistant principal, and other 87
administrator it employs or reemploys. The term of such contract 88
shall not exceed three years except that in the case of a person 89
who has been employed as an assistant superintendent, principal, 90
assistant principal, or other administrator in the district or 91
center for three years or more, the term of the contract shall be 92
for not more than five years and, unless the superintendent of 93
the district recommends otherwise, not less than two years. If 94
the superintendent so recommends, the term of the contract of a 95
person who has been employed by the district or service center as 96
an assistant superintendent, principal, assistant principal, or 98
other administrator for three years or more may be one year, but 99
all subsequent contracts granted such person shall be for a term 100
of not less than two years and not more than five years. When a 101
teacher with continuing service status becomes an assistant 102
superintendent, principal, assistant principal, or other 103
administrator with the district or service center with which the 104
teacher holds continuing service status, the teacher retains such 106
status in the teacher's nonadministrative position as provided in 108
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 110
assistant superintendent, principal, assistant principal, or 111
other administrator at any regular or special meeting held during 112
the period beginning on the first day of January of the calendar 113
year immediately preceding the year of expiration of the 114
employment contract and ending on the last day of March of the 115
year the employment contract expires. 116
Except by mutual agreement of the parties thereto, no 118
assistant superintendent, principal, assistant principal, or 119
other administrator shall be transferred during the life of a 121
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 123
3319.16 or 3319.17 of the Revised Code. The salaries and 124
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compensation prescribed by such contracts shall not be reduced by 125
a board unless such reduction is a part of a uniform plan 126
affecting the entire district or center. The contract shall 127
specify the employee's administrative position and duties, the 128
salary and other compensation to be paid for performance of 129
duties, the number of days to be worked, the number of days of 130
vacation leave, if any, and any paid holidays in the contractual 131
year.
An assistant superintendent, principal, assistant 133
principal, or other administrator is, at the expiration of the 135
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 137
such employee notifies the board in writing to the contrary on or 138
before the first day of June, or unless such board, on or before 139
the last day of March of the year in which the contract of 140
employment expires, either reemploys such employee for a 141
succeeding term or gives written notice of its intention not to 143
reemploy the employee. The term of reemployment of a person 144
reemployed under this paragraph shall be one year, except that if 145
such person has been employed by the school district or service 146
center as an assistant superintendent, principal, assistant 147
principal, or other administrator for three years or more, the 148
term of reemployment shall be two years. 149
(D) Each board shall adopt procedures for the evaluation 152
of all assistant superintendents, principals, assistant 153
principals, and other administrators and shall evaluate such 154
employees in accordance with those procedures. The evaluation 155
based upon such procedures shall be considered by the board in 156
deciding whether to renew the contract of employment of an 157
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 158
superintendent's, principal's, assistant principal's, and other 159
administrator's effectiveness in performing the duties included 160
in the job description and the evaluation procedures shall 161
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provide for, but not be limited to, the following: 162
(1) Each assistant superintendent, principal, assistant 164
principal, and other administrator shall be evaluated annually 165
through a written evaluation process. 166
(2) The evaluation shall be conducted by the 168
superintendent or designee. 169
(3) In order to provide time to show progress in 171
correcting the deficiencies identified in the evaluation process 172
the completed evaluation shall be received by the employee at 174
least sixty days prior to any action by the board on the 175
employee's contract of employment.
Termination or suspension of an assistant superintendent, 177
principal, assistant principal, or other administrator's contract 178
shall be pursuant to section 3319.16 or 3319.17 of the Revised 179
Code. 180
The establishment of an evaluation procedure shall not 182
create an expectancy of continued employment. Nothing in this 183
section shall prevent a board from making the final determination 185
regarding the renewal of or failure to renew the contract of any 186
assistant superintendent, principal, assistant principal, or 187
other administrator.
Before taking action to renew or nonrenew the contract of 189
an assistant superintendent, principal, assistant principal, or 190
other administrator under this section and prior to the last day 191
of March of the year in which such employee's contract expires, 192
the board shall notify each such employee of the date that the 194
contract expires and that the employee may request a meeting with 195
the board. Upon request by such an employee, the board shall 196
grant the employee a meeting in executive session to discuss the 197
reasons for considering renewal or nonrenewal of the contract. 198
(E) On nomination of the superintendent of a service 201
center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 202
exceed five years each. Such contracts may be terminated by a 203
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governing board pursuant to section 3319.16 of the Revised Code. 205
Any supervisor employed pursuant to this division may terminate 206
the contract of employment at the end of any school year after 207
giving the board at least thirty days' written notice prior to 208
such termination. On the recommendation of the superintendent 209
the contract or contracts of any supervisor employed pursuant to 210
this division may be suspended for the remainder of the term of 211
any such contract if there is a reduction of the number of 212
approved supervisory teachers allocated to the service center 214
pursuant to section 3317.11 or 3319.17 of the Revised Code. 215
(F) A board may establish vacation leave for any 218
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 219
leave may compensate such an individual at the individual's 220
current rate of pay for all lawfully accrued and unused vacation 222
leave credited at the time of separation, not to exceed the 223
amount accrued within three years before the date of separation. 224
In case of the death of an individual employed under this 225
section, such unused vacation leave as the board would have paid 226
to the individual upon separation under this section shall be 227
paid in accordance with section 2113.04 of the Revised Code, or 228
to the estate. 229
Section 2. That existing section 3319.02 of the Revised 231
Code is hereby repealed. 232