As Passed by the House 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-CORBIN-AUSTRIA-VERICH-BARRETT-TAYLOR- 9
GRENDELL-PETERSON-MOTTLEY-MEAD-BRITTON-HARTNETT-PERZ-HAINES 10
_________________________________________________________________ 11
A B I L L
To amend section 3319.02 of the Revised Code to 13
authorize school districts and educational 14
service centers to employ under administrative
contracts individuals licensed as pupil services 15
employees or administrative specialists or their 16
equivalent who are not school counselors and
spend less than fifty per cent of their time 17
teaching or working with students and to declare
an 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)(1) As used in this section, "other 32
administrator" means EITHER OF THE FOLLOWING: 33
(a) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, 36
any employee in a position for which a board of education 37
requires a license designated BY RULE OF THE DEPARTMENT OF
EDUCATION for being an administrator, other than a 39
superintendent, assistant superintendent, principal, or assistant 40
principal, issued under section 3319.22 of the Revised Code or 41
any, INCLUDING A PROFESSIONAL PUPIL SERVICES EMPLOYEE OR 42
ADMINISTRATIVE SPECIALIST OR AN EQUIVALENT OF EITHER ONE WHO IS
NOT EMPLOYED AS A SCHOOL COUNSELOR AND SPENDS LESS THAN FIFTY PER 43
CENT OF THE TIME EMPLOYED TEACHING OR WORKING WITH STUDENTS; 44
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(b) ANY nonlicensed employee whose job duties enable such 47
employee to be considered as either a "supervisor" or a 48
"management level employee," as defined in section 4117.01 of the 49
Revised Code.
(2) AS USED IN THIS SECTION, "OTHER ADMINISTRATOR" DOES 51
NOT INCLUDE A SUPERINTENDENT, ASSISTANT SUPERINTENDENT, 52
PRINCIPAL, OR ASSISTANT PRINCIPAL. 53
(B) The board of education of each school district and the 55
governing board of an educational service center may appoint one 57
or more assistant superintendents and such other administrators 58
as are necessary. An assistant educational service center 59
superintendent or service center supervisor employed on a 60
part-time basis may also be employed by a local board as a 61
teacher. The board of each city, exempted village, and local 62
school district shall employ principals for all high schools and 63
for such other schools as the board designates, and those boards 64
may appoint assistant principals for any school that they 65
designate.
(C) In educational service centers and in city and 67
exempted village school districts, assistant superintendents, 69
principals, assistant principals, and other administrators shall 70
only be employed or reemployed in accordance with nominations of 71
the superintendent except that a city or exempted village board 72
of education or the governing board of a service center, by a 73
three-fourths vote, may reemploy any assistant superintendent, 74
principal, assistant principal, or other administrator whom the 75
superintendent refuses to nominate after considering two nominees 76
for the position. In local school districts, assistant 77
superintendents, principals, assistant principals, and other 78
administrators shall only be employed or reemployed in accordance 79
with nominations of the superintendent of the service center of 80
which the local district is a part except that a local board of 81
education, by a majority vote, may reemploy any assistant 82
superintendent, principal, assistant principal, or other 83
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administrator whom such superintendent refuses to nominate after 84
considering two nominees for the position. 85
The board of education or governing board shall execute a 87
written contract of employment with each assistant 89
superintendent, principal, assistant principal, and other 90
administrator it employs or reemploys. The term of such contract 91
shall not exceed three years except that in the case of a person 92
who has been employed as an assistant superintendent, principal, 93
assistant principal, or other administrator in the district or 94
center for three years or more, the term of the contract shall be 95
for not more than five years and, unless the superintendent of 96
the district recommends otherwise, not less than two years. If 97
the superintendent so recommends, the term of the contract of a 98
person who has been employed by the district or service center as 99
an assistant superintendent, principal, assistant principal, or 101
other administrator for three years or more may be one year, but 102
all subsequent contracts granted such person shall be for a term 103
of not less than two years and not more than five years. When a 104
teacher with continuing service status becomes an assistant 105
superintendent, principal, assistant principal, or other 106
administrator with the district or service center with which the 107
teacher holds continuing service status, the teacher retains such 109
status in the teacher's nonadministrative position as provided in 111
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 113
assistant superintendent, principal, assistant principal, or 114
other administrator at any regular or special meeting held during 115
the period beginning on the first day of January of the calendar 116
year immediately preceding the year of expiration of the 117
employment contract and ending on the last day of March of the 118
year the employment contract expires. 119
Except by mutual agreement of the parties thereto, no 121
assistant superintendent, principal, assistant principal, or 122
other administrator shall be transferred during the life of a 124
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contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 126
3319.16 or 3319.17 of the Revised Code. The salaries and 127
compensation prescribed by such contracts shall not be reduced by 128
a board unless such reduction is a part of a uniform plan 129
affecting the entire district or center. The contract shall 130
specify the employee's administrative position and duties, the 131
salary and other compensation to be paid for performance of 132
duties, the number of days to be worked, the number of days of 133
vacation leave, if any, and any paid holidays in the contractual 134
year.
An assistant superintendent, principal, assistant 136
principal, or other administrator is, at the expiration of the 138
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 140
such employee notifies the board in writing to the contrary on or 141
before the first day of June, or unless such board, on or before 142
the last day of March of the year in which the contract of 143
employment expires, either reemploys such employee for a 144
succeeding term or gives written notice of its intention not to 146
reemploy the employee. The term of reemployment of a person 147
reemployed under this paragraph shall be one year, except that if 148
such person has been employed by the school district or service 149
center as an assistant superintendent, principal, assistant 150
principal, or other administrator for three years or more, the 151
term of reemployment shall be two years. 152
(D) Each board shall adopt procedures for the evaluation 155
of all assistant superintendents, principals, assistant 156
principals, and other administrators and shall evaluate such 157
employees in accordance with those procedures. The evaluation 158
based upon such procedures shall be considered by the board in 159
deciding whether to renew the contract of employment of an 160
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 161
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superintendent's, principal's, assistant principal's, and other 162
administrator's effectiveness in performing the duties included 163
in the job description and the evaluation procedures shall 164
provide for, but not be limited to, the following: 165
(1) Each assistant superintendent, principal, assistant 167
principal, and other administrator shall be evaluated annually 168
through a written evaluation process. 169
(2) The evaluation shall be conducted by the 171
superintendent or designee. 172
(3) In order to provide time to show progress in 174
correcting the deficiencies identified in the evaluation process 175
the completed evaluation shall be received by the employee at 177
least sixty days prior to any action by the board on the 178
employee's contract of employment.
Termination or suspension of an assistant superintendent, 180
principal, assistant principal, or other administrator's contract 181
shall be pursuant to section 3319.16 or 3319.17 of the Revised 182
Code. 183
The establishment of an evaluation procedure shall not 185
create an expectancy of continued employment. Nothing in this 186
section shall prevent a board from making the final determination 188
regarding the renewal of or failure to renew the contract of any 189
assistant superintendent, principal, assistant principal, or 190
other administrator.
Before taking action to renew or nonrenew the contract of 192
an assistant superintendent, principal, assistant principal, or 193
other administrator under this section and prior to the last day 194
of March of the year in which such employee's contract expires, 195
the board shall notify each such employee of the date that the 197
contract expires and that the employee may request a meeting with 198
the board. Upon request by such an employee, the board shall 199
grant the employee a meeting in executive session to discuss the 200
reasons for considering renewal or nonrenewal of the contract. 201
(E) On nomination of the superintendent of a service 204
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center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 205
exceed five years each. Such contracts may be terminated by a 206
governing board pursuant to section 3319.16 of the Revised Code. 208
Any supervisor employed pursuant to this division may terminate 209
the contract of employment at the end of any school year after 210
giving the board at least thirty days' written notice prior to 211
such termination. On the recommendation of the superintendent 212
the contract or contracts of any supervisor employed pursuant to 213
this division may be suspended for the remainder of the term of 214
any such contract if there is a reduction of the number of 215
approved supervisory teachers allocated to the service center 217
pursuant to section 3317.11 or 3319.17 of the Revised Code. 218
(F) A board may establish vacation leave for any 221
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 222
leave may compensate such an individual at the individual's 223
current rate of pay for all lawfully accrued and unused vacation 225
leave credited at the time of separation, not to exceed the 226
amount accrued within three years before the date of separation. 227
In case of the death of an individual employed under this 228
section, such unused vacation leave as the board would have paid 229
to the individual upon separation under this section shall be 230
paid in accordance with section 2113.04 of the Revised Code, or 231
to the estate. 232
Section 2. That existing section 3319.02 of the Revised 234
Code is hereby repealed. 235
Section 3. This act is hereby declared to be an emergency 237
measure necessary for the immediate preservation of the public 238
peace, health, and safety. The reason for this necessity is that 239
the administrative contracts of some school psychologists are 240
about to expire, and an immediate effective date for this act 241
will permit school districts to renew their administrative 242
contracts and retain them, as well as recruit new psychologists. 243
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Therefore, this act shall go into immediate effect. 244