As Reported by House Education Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 238 5
1999-2000 6
REPRESENTATIVES WOMER BENJAMIN-GARDNER-CALLENDER-WINKLER- 8
HARRIS-BENDER-BRADING 9
_________________________________________________________________ 10
A B I L L
To amend section 3319.02 of the Revised Code to 12
authorize school districts and educational 13
service centers to employ under administrative
contracts individuals licensed as pupil services 14
employees or administrative specialists or their 15
equivalent who are not school counselors and
spend less than fifty per cent of their time 16
teaching or working with students and to declare
an emergency. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 3319.02 of the Revised Code be 21
amended to read as follows: 22
Sec. 3319.02. (A)(1) As used in this section, "other 31
administrator" means EITHER OF THE FOLLOWING: 32
(a) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, 35
any employee in a position for which a board of education 36
requires a license designated BY RULE OF THE DEPARTMENT OF
EDUCATION for being an administrator, other than a 38
superintendent, assistant superintendent, principal, or assistant 39
principal, issued under section 3319.22 of the Revised Code or 40
any, INCLUDING A PROFESSIONAL PUPIL SERVICES EMPLOYEE OR 41
ADMINISTRATIVE SPECIALIST OR AN EQUIVALENT OF EITHER ONE WHO IS
NOT EMPLOYED AS A SCHOOL COUNSELOR AND SPENDS LESS THAN FIFTY PER 42
CENT OF THE TIME EMPLOYED TEACHING OR WORKING WITH STUDENTS; 43
(b) ANY nonlicensed employee whose job duties enable such 46
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employee to be considered as either a "supervisor" or a 47
"management level employee," as defined in section 4117.01 of the 48
Revised Code.
(2) AS USED IN THIS SECTION, "OTHER ADMINISTRATOR" DOES 50
NOT INCLUDE A SUPERINTENDENT, ASSISTANT SUPERINTENDENT, 51
PRINCIPAL, OR ASSISTANT PRINCIPAL. 52
(B) The board of education of each school district and the 54
governing board of an educational service center may appoint one 56
or more assistant superintendents and such other administrators 57
as are necessary. An assistant educational service center 58
superintendent or service center supervisor employed on a 59
part-time basis may also be employed by a local board as a 60
teacher. The board of each city, exempted village, and local 61
school district shall employ principals for all high schools and 62
for such other schools as the board designates, and those boards 63
may appoint assistant principals for any school that they 64
designate.
(C) In educational service centers and in city and 66
exempted village school districts, assistant superintendents, 68
principals, assistant principals, and other administrators shall 69
only be employed or reemployed in accordance with nominations of 70
the superintendent except that a city or exempted village board 71
of education or the governing board of a service center, by a 72
three-fourths vote, may reemploy any assistant superintendent, 73
principal, assistant principal, or other administrator whom the 74
superintendent refuses to nominate after considering two nominees 75
for the position. In local school districts, assistant 76
superintendents, principals, assistant principals, and other 77
administrators shall only be employed or reemployed in accordance 78
with nominations of the superintendent of the service center of 79
which the local district is a part except that a local board of 80
education, by a majority vote, may reemploy any assistant 81
superintendent, principal, assistant principal, or other 82
administrator whom such superintendent refuses to nominate after 83
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considering two nominees for the position. 84
The board of education or governing board shall execute a 86
written contract of employment with each assistant 88
superintendent, principal, assistant principal, and other 89
administrator it employs or reemploys. The term of such contract 90
shall not exceed three years except that in the case of a person 91
who has been employed as an assistant superintendent, principal, 92
assistant principal, or other administrator in the district or 93
center for three years or more, the term of the contract shall be 94
for not more than five years and, unless the superintendent of 95
the district recommends otherwise, not less than two years. If 96
the superintendent so recommends, the term of the contract of a 97
person who has been employed by the district or service center as 98
an assistant superintendent, principal, assistant principal, or 100
other administrator for three years or more may be one year, but 101
all subsequent contracts granted such person shall be for a term 102
of not less than two years and not more than five years. When a 103
teacher with continuing service status becomes an assistant 104
superintendent, principal, assistant principal, or other 105
administrator with the district or service center with which the 106
teacher holds continuing service status, the teacher retains such 108
status in the teacher's nonadministrative position as provided in 110
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 112
assistant superintendent, principal, assistant principal, or 113
other administrator at any regular or special meeting held during 114
the period beginning on the first day of January of the calendar 115
year immediately preceding the year of expiration of the 116
employment contract and ending on the last day of March of the 117
year the employment contract expires. 118
Except by mutual agreement of the parties thereto, no 120
assistant superintendent, principal, assistant principal, or 121
other administrator shall be transferred during the life of a 123
contract to a position of lesser responsibility. No contract may
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be terminated or suspended by a board except pursuant to section 125
3319.16 or 3319.17 of the Revised Code. The salaries and 126
compensation prescribed by such contracts shall not be reduced by 127
a board unless such reduction is a part of a uniform plan 128
affecting the entire district or center. The contract shall 129
specify the employee's administrative position and duties, the 130
salary and other compensation to be paid for performance of 131
duties, the number of days to be worked, the number of days of 132
vacation leave, if any, and any paid holidays in the contractual 133
year.
An assistant superintendent, principal, assistant 135
principal, or other administrator is, at the expiration of the 137
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 139
such employee notifies the board in writing to the contrary on or 140
before the first day of June, or unless such board, on or before 141
the last day of March of the year in which the contract of 142
employment expires, either reemploys such employee for a 143
succeeding term or gives written notice of its intention not to 145
reemploy the employee. The term of reemployment of a person 146
reemployed under this paragraph shall be one year, except that if 147
such person has been employed by the school district or service 148
center as an assistant superintendent, principal, assistant 149
principal, or other administrator for three years or more, the 150
term of reemployment shall be two years. 151
(D) Each board shall adopt procedures for the evaluation 154
of all assistant superintendents, principals, assistant 155
principals, and other administrators and shall evaluate such 156
employees in accordance with those procedures. The evaluation 157
based upon such procedures shall be considered by the board in 158
deciding whether to renew the contract of employment of an 159
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 160
superintendent's, principal's, assistant principal's, and other 161
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administrator's effectiveness in performing the duties included 162
in the job description and the evaluation procedures shall 163
provide for, but not be limited to, the following: 164
(1) Each assistant superintendent, principal, assistant 166
principal, and other administrator shall be evaluated annually 167
through a written evaluation process. 168
(2) The evaluation shall be conducted by the 170
superintendent or designee. 171
(3) In order to provide time to show progress in 173
correcting the deficiencies identified in the evaluation process 174
the completed evaluation shall be received by the employee at 176
least sixty days prior to any action by the board on the 177
employee's contract of employment.
Termination or suspension of an assistant superintendent, 179
principal, assistant principal, or other administrator's contract 180
shall be pursuant to section 3319.16 or 3319.17 of the Revised 181
Code. 182
The establishment of an evaluation procedure shall not 184
create an expectancy of continued employment. Nothing in this 185
section shall prevent a board from making the final determination 187
regarding the renewal of or failure to renew the contract of any 188
assistant superintendent, principal, assistant principal, or 189
other administrator.
Before taking action to renew or nonrenew the contract of 191
an assistant superintendent, principal, assistant principal, or 192
other administrator under this section and prior to the last day 193
of March of the year in which such employee's contract expires, 194
the board shall notify each such employee of the date that the 196
contract expires and that the employee may request a meeting with 197
the board. Upon request by such an employee, the board shall 198
grant the employee a meeting in executive session to discuss the 199
reasons for considering renewal or nonrenewal of the contract. 200
(E) On nomination of the superintendent of a service 203
center a governing board may employ supervisors who shall be
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employed under written contracts of employment for terms not to 204
exceed five years each. Such contracts may be terminated by a 205
governing board pursuant to section 3319.16 of the Revised Code. 207
Any supervisor employed pursuant to this division may terminate 208
the contract of employment at the end of any school year after 209
giving the board at least thirty days' written notice prior to 210
such termination. On the recommendation of the superintendent 211
the contract or contracts of any supervisor employed pursuant to 212
this division may be suspended for the remainder of the term of 213
any such contract if there is a reduction of the number of 214
approved supervisory teachers allocated to the service center 216
pursuant to section 3317.11 or 3319.17 of the Revised Code. 217
(F) A board may establish vacation leave for any 220
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 221
leave may compensate such an individual at the individual's 222
current rate of pay for all lawfully accrued and unused vacation 224
leave credited at the time of separation, not to exceed the 225
amount accrued within three years before the date of separation. 226
In case of the death of an individual employed under this 227
section, such unused vacation leave as the board would have paid 228
to the individual upon separation under this section shall be 229
paid in accordance with section 2113.04 of the Revised Code, or 230
to the estate. 231
Section 2. That existing section 3319.02 of the Revised 233
Code is hereby repealed. 234
Section 3. This act is hereby declared to be an emergency 236
measure necessary for the immediate preservation of the public 237
peace, health, and safety. The reason for this necessity is that 238
the administrative contracts of some school psychologists are 239
about to expire, and an immediate effective date for this act 240
will permit school districts to renew their administrative 241
contracts and retain them, as well as recruit new psychologists. 242
Therefore, this act shall go into immediate effect. 243