As Reported by the Senate Education Committee 1
123rd General Assembly 4
Regular Session Sub. 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
SENATORS GARDNER-SHOEMAKER-PRENTISS-KEARNS 11
_________________________________________________________________ 13
A B I L L
To amend sections 3313.64 and 3319.02 of the Revised 15
Code to authorize school districts and 17
educational service centers to employ under 18
administrative contracts individuals licensed as 19
pupil services employees or administrative
specialists or their equivalent who are not 20
school counselors and spend less than fifty per 21
cent of their time teaching or working with
students, to enable a child whose parent is an 22
employee of an educational service center to be 23
admitted to a school in the district where the
parent's job is primarily located, and to declare 24
an emergency. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 3313.64 and 3319.02 of the 29
Revised Code be amended to read as follows: 31
Sec. 3313.64. (A) As used in this section and in section 40
3313.65 of the Revised Code: 41
(1) "Parent" means either parent, unless the parents are 43
separated or divorced or their marriage has been dissolved or 44
annulled, in which case "parent" means the parent who is the 45
residential parent and legal custodian of the child. When a 46
child is in the legal custody of a government agency or a person 47
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other than the child's natural or adoptive parent, "parent" means 48
the parent with residual parental rights, privileges, and 49
responsibilities. When a child is in the permanent custody of a 50
government agency or a person other than the child's natural or 51
adoptive parent, "parent" means the parent who was divested of 52
parental rights and responsibilities for the care of the child 53
and the right to have the child live with the parent and be the 54
legal custodian of the child and all residual parental rights, 56
privileges, and responsibilities. 57
(2) "Legal custody," "permanent custody," and "residual 59
parental rights, privileges, and responsibilities" have the same 60
meanings as in section 2151.011 of the Revised Code. 61
(3) "School district" or "district" means a city, local, 63
or exempted village school district and excludes any school 64
operated in an institution maintained by the department of youth 65
services. 66
(4) Except as used in division (C)(2) of this section, 68
"home" means a home, institution, family foster home, group home, 69
or other residential facility in this state that receives and 70
cares for children, to which any of the following applies: 71
(a) The home is licensed, certified, or approved for such 73
purpose by the state or is maintained by the department of youth 74
services. 75
(b) The home is operated by a person who is licensed, 77
certified, or approved by the state to operate the home for such 78
purpose. 79
(c) The home accepted the child through a placement by a 81
person licensed, certified, or approved to place a child in such 82
a home by the state. 83
(d) The home is a children's home created under section 85
5153.21 or 5153.36 of the Revised Code. 86
(5) "Agency" means all of the following: 88
(a) A public children services agency; 90
(b) An organization that holds a certificate issued by the 92
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Ohio department of human services in accordance with the 93
requirements of section 5103.03 of the Revised Code and assumes 94
temporary or permanent custody of children through commitment, 95
agreement, or surrender, and places children in family homes for 96
the purpose of adoption; 97
(c) Comparable agencies of other states or countries that 99
have complied with applicable requirements of section 2151.39, or 100
sections 5103.20 to 5103.28 of the Revised Code. 101
(6) A child is placed for adoption if either of the 103
following occurs: 104
(a) An agency to which the child has been permanently 106
committed or surrendered enters into an agreement with a person 107
pursuant to section 5103.06 of the Revised Code for the care and 108
adoption of the child. 109
(b) The child's natural parent places the child pursuant 111
to section 5103.16 of the Revised Code with a person who will 112
care for and adopt the child. 113
(7) "Handicapped preschool child" means a handicapped 115
child, as defined by division (A) of section 3323.01 of the 116
Revised Code, who is at least three years of age but is not of 117
compulsory school age, as defined in section 3321.01 of the 118
Revised Code, and who has not entered kindergarten. 119
(8) "Child," unless otherwise indicated, includes 121
handicapped preschool children. 122
(B) Except as otherwise provided in section 3321.01 of the 124
Revised Code for admittance to kindergarten and first grade, a 125
child who is at least five but under twenty-two years of age and 126
any handicapped preschool child shall be admitted to school as 127
provided in this division. 128
(1) A child shall be admitted to the schools of the school 130
district in which the child's parent resides. 131
(2) A child who does not reside in the district where the 134
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 136
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applies:
(a) The child is in the legal or permanent custody of a 138
government agency or a person other than the child's natural or 140
adoptive parent. 141
(b) The child resides in a home. 143
(c) The child requires special education. 145
(3) A child who is not entitled under division (B)(2) of 147
this section to be admitted to the schools of the district where 148
the child resides and who is residing with a resident of this 149
state with whom the child has been placed for adoption shall be 151
admitted to the schools of the district where the child resides 153
unless either of the following applies: 154
(a) The placement for adoption has been terminated. 156
(b) Another school district is required to admit the child 158
under division (B)(1) of this section. 159
Division (B) of this section does not prohibit the board of 161
education of a school district from placing a handicapped child 162
who resides in the district in a special education program 163
outside of the district or its schools in compliance with Chapter 164
3323. of the Revised Code. 165
(C) A district shall not charge tuition for children 167
admitted under division (B)(1) or (3) of this section. If the 168
district admits a child under division (B)(2) of this section, 169
tuition shall be paid to the district that admits the child as 170
follows: 171
(1) If the child receives special education in accordance 173
with Chapter 3323. of the Revised Code, tuition shall be paid in 174
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 175
of the Revised Code regardless of who has custody of the child or 176
whether the child resides in a home. 177
(2) Except as otherwise provided in division (C)(2)(d) of 179
this section, if the child is in the permanent or legal custody 180
of a government agency or person other than the child's parent, 181
tuition shall be paid by: 182
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(a) The district in which the child's parent resided at 184
the time the court removed the child from home or at the time the 186
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 187
(b) If the parent's residence at the time the court 189
removed the child from home or placed the child in the legal or 191
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 192
at the time the child was removed from home or placed in legal or 194
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 196
division (C)(2)(a) or (b) of this section, tuition shall be paid 197
by the district determined as required by section 2151.357 of the 198
Revised Code by the court at the time it vests custody of the 199
child in the person or government agency. 200
(d) If at the time the court removed the child from home 203
or vested legal or permanent custody of the child in the person 204
or government agency, whichever occurred first, one parent was in 205
a residential or correctional facility or a juvenile residential 206
placement and the other parent, if living and not in such a 207
facility or placement, was not known to reside in this state, 208
tuition shall be paid by the district determined under division 209
(D) of section 3313.65 of the Revised Code as the district 210
required to pay any tuition while the parent was in such facility 211
or placement.
(3) If the child is not in the permanent or legal custody 213
of a government agency or person other than the child's parent 215
and the child resides in a home, tuition shall be paid by one of 216
the following:
(a) The school district in which the child's parent 218
resides; 219
(b) If the child's parent is not a resident of this state, 221
the home in which the child resides. 222
(D) Tuition required to be paid under divisions (C)(2) and 224
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(3)(a) of this section shall be computed in accordance with 225
section 3317.08 of the Revised Code. Tuition required to be paid 226
under division (C)(3)(b) of this section shall be computed in 227
accordance with section 3317.081 of the Revised Code. If a home 228
fails to pay the tuition required by division (C)(3)(b) of this 229
section, the board of education providing the education may 230
recover in a civil action the tuition and the expenses incurred 231
in prosecuting the action, including court costs and reasonable 232
attorney's fees. If the prosecuting attorney or city director of 233
law represents the board in such action, costs and reasonable 234
attorney's fees awarded by the court, based upon the prosecuting 235
attorney's, director's, or one of their designee's time spent 237
preparing and presenting the case, shall be deposited in the 238
county or city general fund. 239
(E) A board of education may enroll a child free of any 241
tuition obligation for a period not to exceed sixty days, on the 242
sworn statement of an adult resident of the district that the 243
resident has initiated legal proceedings for custody of the 245
child.
(F) In the case of any individual entitled to attend 247
school under this division, no tuition shall be charged by the 248
school district of attendance and no other school district shall 249
be required to pay tuition for the individual's attendance. 250
Notwithstanding division (B), (C), or (E) of this section: 251
(1) All persons at least eighteen but under twenty-two 253
years of age who live apart from their parents, support 254
themselves by their own labor, and have not successfully 255
completed the high school curriculum or the individualized 256
education program developed for the person by the high school 257
pursuant to section 3323.08 of the Revised Code, are entitled to 258
attend school in the district in which they reside. 259
(2) Any child under eighteen years of age who is married 261
is entitled to attend school in the child's district of 262
residence. 263
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(3) A child is entitled to attend school in the district 265
in which either of the child's parents is employed if the child 267
has a medical condition that may require emergency medical 268
attention. The parent of a child entitled to attend school under 269
division (F)(3) of this section shall submit to the board of 270
education of the district in which the parent is employed a 271
statement from the child's physician certifying that the child's 272
medical condition may require emergency medical attention. The 273
statement shall be supported by such other evidence as the board 274
may require.
(4) Any child residing with a person other than the 276
child's parent is entitled, for a period not to exceed twelve 278
months, to attend school in the district in which that person 279
resides if the child's parent files an affidavit with the 280
superintendent of the district in which the person with whom the 281
child is living resides stating all of the following: 282
(a) That the parent is serving outside of the state in the 284
armed services of the United States; 285
(b) That the parent intends to reside in the district upon 287
returning to this state; 288
(c) The name and address of the person with whom the child 290
is living while the parent is outside the state. 291
(5) Any child under the age of twenty-two years who, after 293
the death of a parent, resides in a school district other than 294
the district in which the child attended school at the time of 295
the parent's death is entitled to continue to attend school in 296
the district in which the child attended school at the time of 297
the parent's death for the remainder of the school year, subject 298
to approval of that district board. 299
(6) A child under the age of twenty-two years who resides 301
with a parent who is having a new house built in a school 302
district outside the district where the parent is residing is 303
entitled to attend school for a period of time in the district 304
where the new house is being built. In order to be entitled to 305
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such attendance, the parent shall provide the district 306
superintendent with the following: 307
(a) A sworn statement explaining the situation, revealing 309
the location of the house being built, and stating the parent's 310
intention to reside there upon its completion; 311
(b) A statement from the builder confirming that a new 313
house is being built for the parent and that the house is at the 314
location indicated in the parent's statement. 315
(7) A child under the age of twenty-two years residing 317
with a parent who has a contract to purchase a house in a school 318
district outside the district where the parent is residing and 319
who is waiting upon the date of closing of the mortgage loan for 320
the purchase of such house is entitled to attend school for a 321
period of time in the district where the house is being 322
purchased. In order to be entitled to such attendance, the 323
parent shall provide the district superintendent with the 324
following: 325
(a) A sworn statement explaining the situation, revealing 327
the location of the house being purchased, and stating the 328
parent's intent to reside there; 329
(b) A statement from a real estate broker or bank officer 331
confirming that the parent has a contract to purchase the house, 332
that the parent is waiting upon the date of closing of the 333
mortgage loan, and that the house is at the location indicated in 334
the parent's statement. 335
The district superintendent shall establish a period of 337
time not to exceed ninety days during which the child entitled to 338
attend school under division (F)(6) or (7) of this section may 339
attend without tuition obligation. A student attending a school 340
under division (F)(6) or (7) of this section shall be eligible to 341
participate in interscholastic athletics under the auspices of 342
that school, provided the board of education of the school 343
district where the student's parent resides, by a formal action, 344
releases the student to participate in interscholastic athletics 345
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at the school where the student is attending, and provided the 346
student receives any authorization required by a public agency or 347
private organization of which the school district is a member 348
exercising authority over interscholastic sports. 349
(8) A child whose parent is a full-time employee of a 351
city, local, or exempted village school district, OR OF AN 352
EDUCATIONAL SERVICE CENTER, may be admitted to the schools of the 354
district where the child's parent is employed, OR IN THE CASE OF 355
A CHILD WHOSE PARENT IS EMPLOYED BY AN EDUCATIONAL SERVICE 356
CENTER, IN THE DISTRICT THAT SERVES THE LOCATION WHERE THE 357
PARENT'S JOB IS PRIMARILY LOCATED, provided the DISTRICT board of 358
education establishes such an admission policy by resolution 359
adopted by a majority of its members. Any such policy shall take 360
effect on the first day of the school year and the effective date 361
of any amendment or repeal may not be prior to the first day of 362
the subsequent school year. The policy shall be uniformly 363
applied to all such children and shall provide for the admission 364
of any such child upon request of the parent. No child may be 365
admitted under this policy after the first day of classes of any 366
school year.
(9) A child who is with the child's parent under the care 368
of a shelter for victims of domestic violence, as defined in 370
section 3113.33 of the Revised Code, is entitled to attend school 371
free in the district in which the child is with his THE CHILD'S 372
parent, and no other school district shall be required to pay 375
tuition for the child's attendance in that school district. 377
The enrollment of a child in a school district under this 379
division shall not be denied due to a delay in the school 380
district's receipt of any records required under section 3313.672 381
of the Revised Code or any other records required for enrollment. 382
Any days of attendance and any credits earned by a child while 383
enrolled in a school district under this division shall be 384
transferred to and accepted by any school district in which the 385
child subsequently enrolls. The state board of education shall 386
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adopt rules to ensure compliance with this division. 387
(10) Any child under the age of twenty-two years whose 389
parent has moved out of the school district after the 390
commencement of classes in the child's senior year of high school 391
is entitled, subject to the approval of that district board, to 392
attend school in the district in which the child attended school 393
at the time of the parental move for the remainder of the school 394
year and for one additional semester or equivalent term. A 396
district board may also adopt a policy specifying extenuating 397
circumstances under which a student may continue to attend school 398
under division (F)(10) of this section for an additional period 399
of time in order to successfully complete the high school 400
curriculum for the individualized education program developed for 401
the student by the high school pursuant to section 3323.08 of the 402
Revised Code.
(11) As used in this division, "grandparent" means a 404
parent of a parent of a child. A child under the age of 405
twenty-two years who is in the custody of the child's parent, 407
resides with a grandparent, and does not require special 408
education is entitled to attend the schools of the district in 409
which the child's grandparent resides, provided that, prior to 411
such attendance in any school year, the board of education of the 412
school district in which the child's grandparent resides and the 413
board of education of the school district in which the child's 415
parent resides enter into a written agreement specifying that 417
good cause exists for such attendance, describing the nature of 418
this good cause, and consenting to such attendance. 419
In lieu of a consent form signed by a parent, a board of 421
education may request the grandparent of a child attending school 422
in the district in which the grandparent resides pursuant to 423
division (F)(11) of this section to complete any consent form 424
required by the district, including any authorization required by 425
sections 3313.712 and 3313.713 of the Revised Code. Upon 426
request, the grandparent shall complete any consent form required 427
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by the district. A school district shall not incur any liability 428
solely because of its receipt of a consent form from a 429
grandparent in lieu of a parent. 430
Division (F)(11) of this section does not create, and shall 433
not be construed as creating, a new cause of action or 434
substantive legal right against a school district, a member of a 435
board of education, or an employee of a school district. This 436
section does not affect, and shall not be construed as affecting, 437
any immunities from defenses to tort liability created or 438
recognized by Chapter 2744. of the Revised Code for a school 439
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 442
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 444
(C), or (E) of this section provided that, prior to such 446
attendance in any school year, both of the following occur: 447
(a) The superintendent of the district in which the child 449
is entitled to attend school under division (B), (C), or (E) of 452
this section contacts the superintendent of another district for
purposes of this division; 454
(b) The superintendents of both districts enter into a 457
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 459
physical or mental well-being or to deal with other extenuating 460
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 462
student who is not receiving special education under Chapter 463
3323. of the Revised Code and notwithstanding Chapter 3327. of 464
the Revised Code, the board of education of neither school 465
district involved in the agreement is required to provide 466
transportation for the student to and from the school where the 467
student attends.
A student attending a school of a district pursuant to this 469
division shall be allowed to participate in all student 470
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activities, including interscholastic athletics, at the school 471
where the student is attending on the same basis as any student 472
who has always attended the schools of that district while of 473
compulsory school age.
(G) A board of education, after approving admission, may 475
waive tuition for students who will temporarily reside in the 476
district and who are either of the following: 477
(1) Residents or domiciliaries of a foreign nation who 479
request admission as foreign exchange students; 480
(2) Residents or domiciliaries of the United States but 482
not of Ohio who request admission as participants in an exchange 483
program operated by a student exchange organization. 484
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 486
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 487
attend school or participate in a special education program in a 488
school district other than in the district where the child is 489
entitled to attend school under division (B) of this section. 490
(I) This division does not apply to a child receiving 492
special education. 493
A school district required to pay tuition pursuant to 495
division (C)(2) or (3) of this section or section 3313.65 of the 496
Revised Code shall have an amount deducted under division (F) of 498
section 3317.023 of the Revised Code equal to its own tuition 499
rate for the same period of attendance. A school district 500
entitled to receive tuition pursuant to division (C)(2) or (3) of 501
this section or section 3313.65 of the Revised Code shall have an 502
amount credited under division (F) of section 3317.023 of the 504
Revised Code equal to its own tuition rate for the same period of 505
attendance. If the tuition rate credited to the district of 506
attendance exceeds the rate deducted from the district required 507
to pay tuition, the department of education shall pay the 508
district of attendance the difference from amounts deducted from 509
all districts' payments under division (F) of section 3317.023 of 511
the Revised Code but not credited to other school districts under 512
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such division and from appropriations made for such purpose. The 513
treasurer of each school district shall, by the fifteenth day of 514
January and July, furnish the superintendent of public 515
instruction a report of the names of each child who attended the 516
district's schools under divisions (C)(2) and (3) of this section 517
or section 3313.65 of the Revised Code during the preceding six 518
calendar months, the duration of the attendance of those 519
children, the school district responsible for tuition on behalf 520
of the child, and any other information that the superintendent 521
requires. 522
Upon receipt of the report the superintendent, pursuant to 524
division (F) of section 3317.023 of the Revised Code, shall 525
deduct each district's tuition obligations under divisions (C)(2) 526
and (3) of this section or section 3313.65 of the Revised Code 527
and pay to the district of attendance that amount plus any amount 528
required to be paid by the state. 529
(J) In the event of a disagreement, the superintendent of 531
public instruction shall determine the school district in which 532
the parent resides. 533
(K) Nothing in this section requires or authorizes, or 535
shall be construed to require or authorize, the admission to a 536
public school in this state of a pupil who has been permanently 537
excluded from public school attendance by the superintendent of 538
public instruction pursuant to sections 3301.121 and 3313.662 of 539
the Revised Code. 540
Sec. 3319.02. (A)(1) As used in this section, "other 549
administrator" means EITHER OF THE FOLLOWING: 550
(a) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, 553
any employee in a position for which a board of education 554
requires a license designated BY RULE OF THE DEPARTMENT OF
EDUCATION for being an administrator, other than a 556
superintendent, assistant superintendent, principal, or assistant 557
principal, issued under section 3319.22 of the Revised Code or 558
any, INCLUDING A PROFESSIONAL PUPIL SERVICES EMPLOYEE OR 559
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ADMINISTRATIVE SPECIALIST OR AN EQUIVALENT OF EITHER ONE WHO IS
NOT EMPLOYED AS A SCHOOL COUNSELOR AND SPENDS LESS THAN FIFTY PER 560
CENT OF THE TIME EMPLOYED TEACHING OR WORKING WITH STUDENTS; 561
(b) ANY nonlicensed employee whose job duties enable such 564
employee to be considered as either a "supervisor" or a 565
"management level employee," as defined in section 4117.01 of the 566
Revised Code.
(2) AS USED IN THIS SECTION, "OTHER ADMINISTRATOR" DOES 568
NOT INCLUDE A SUPERINTENDENT, ASSISTANT SUPERINTENDENT, 569
PRINCIPAL, OR ASSISTANT PRINCIPAL. 570
(B) The board of education of each school district and the 572
governing board of an educational service center may appoint one 574
or more assistant superintendents and such other administrators 575
as are necessary. An assistant educational service center 576
superintendent or service center supervisor employed on a 577
part-time basis may also be employed by a local board as a 578
teacher. The board of each city, exempted village, and local 579
school district shall employ principals for all high schools and 580
for such other schools as the board designates, and those boards 581
may appoint assistant principals for any school that they 582
designate.
(C) In educational service centers and in city and 584
exempted village school districts, assistant superintendents, 586
principals, assistant principals, and other administrators shall 587
only be employed or reemployed in accordance with nominations of 588
the superintendent except that a city or exempted village board 589
of education or the governing board of a service center, by a 590
three-fourths vote, may reemploy any assistant superintendent, 591
principal, assistant principal, or other administrator whom the 592
superintendent refuses to nominate after considering two nominees 593
for the position. In local school districts, assistant 594
superintendents, principals, assistant principals, and other 595
administrators shall only be employed or reemployed in accordance 596
with nominations of the superintendent of the service center of 597
15
which the local district is a part except that a local board of 598
education, by a majority vote, may reemploy any assistant 599
superintendent, principal, assistant principal, or other 600
administrator whom such superintendent refuses to nominate after 601
considering two nominees for the position. 602
The board of education or governing board shall execute a 604
written contract of employment with each assistant 606
superintendent, principal, assistant principal, and other 607
administrator it employs or reemploys. The term of such contract 608
shall not exceed three years except that in the case of a person 609
who has been employed as an assistant superintendent, principal, 610
assistant principal, or other administrator in the district or 611
center for three years or more, the term of the contract shall be 612
for not more than five years and, unless the superintendent of 613
the district recommends otherwise, not less than two years. If 614
the superintendent so recommends, the term of the contract of a 615
person who has been employed by the district or service center as 616
an assistant superintendent, principal, assistant principal, or 618
other administrator for three years or more may be one year, but 619
all subsequent contracts granted such person shall be for a term 620
of not less than two years and not more than five years. When a 621
teacher with continuing service status becomes an assistant 622
superintendent, principal, assistant principal, or other 623
administrator with the district or service center with which the 624
teacher holds continuing service status, the teacher retains such 626
status in the teacher's nonadministrative position as provided in 628
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 630
assistant superintendent, principal, assistant principal, or 631
other administrator at any regular or special meeting held during 632
the period beginning on the first day of January of the calendar 633
year immediately preceding the year of expiration of the 634
employment contract and ending on the last day of March of the 635
year the employment contract expires. 636
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Except by mutual agreement of the parties thereto, no 638
assistant superintendent, principal, assistant principal, or 639
other administrator shall be transferred during the life of a 641
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 643
3319.16 or 3319.17 of the Revised Code. The salaries and 644
compensation prescribed by such contracts shall not be reduced by 645
a board unless such reduction is a part of a uniform plan 646
affecting the entire district or center. The contract shall 647
specify the employee's administrative position and duties, the 648
salary and other compensation to be paid for performance of 649
duties, the number of days to be worked, the number of days of 650
vacation leave, if any, and any paid holidays in the contractual 651
year.
An assistant superintendent, principal, assistant 653
principal, or other administrator is, at the expiration of the 655
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 657
such employee notifies the board in writing to the contrary on or 658
before the first day of June, or unless such board, on or before 659
the last day of March of the year in which the contract of 660
employment expires, either reemploys such employee for a 661
succeeding term or gives written notice of its intention not to 663
reemploy the employee. The term of reemployment of a person 664
reemployed under this paragraph shall be one year, except that if 665
such person has been employed by the school district or service 666
center as an assistant superintendent, principal, assistant 667
principal, or other administrator for three years or more, the 668
term of reemployment shall be two years. 669
(D) Each board shall adopt procedures for the evaluation 672
of all assistant superintendents, principals, assistant 673
principals, and other administrators and shall evaluate such 674
employees in accordance with those procedures. The evaluation 675
based upon such procedures shall be considered by the board in 676
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deciding whether to renew the contract of employment of an 677
assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant 678
superintendent's, principal's, assistant principal's, and other 679
administrator's effectiveness in performing the duties included 680
in the job description and the evaluation procedures shall 681
provide for, but not be limited to, the following: 682
(1) Each assistant superintendent, principal, assistant 684
principal, and other administrator shall be evaluated annually 685
through a written evaluation process. 686
(2) The evaluation shall be conducted by the 688
superintendent or designee. 689
(3) In order to provide time to show progress in 691
correcting the deficiencies identified in the evaluation process 692
the completed evaluation shall be received by the employee at 694
least sixty days prior to any action by the board on the 695
employee's contract of employment.
Termination or suspension of an assistant superintendent, 697
principal, assistant principal, or other administrator's contract 698
shall be pursuant to section 3319.16 or 3319.17 of the Revised 699
Code. 700
The establishment of an evaluation procedure shall not 702
create an expectancy of continued employment. Nothing in this 703
section shall prevent a board from making the final determination 705
regarding the renewal of or failure to renew the contract of any 706
assistant superintendent, principal, assistant principal, or 707
other administrator.
Before taking action to renew or nonrenew the contract of 709
an assistant superintendent, principal, assistant principal, or 710
other administrator under this section and prior to the last day 711
of March of the year in which such employee's contract expires, 712
the board shall notify each such employee of the date that the 714
contract expires and that the employee may request a meeting with 715
the board. Upon request by such an employee, the board shall 716
18
grant the employee a meeting in executive session to discuss the 717
reasons for considering renewal or nonrenewal of the contract. 718
(E) On nomination of the superintendent of a service 721
center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 722
exceed five years each. Such contracts may be terminated by a 723
governing board pursuant to section 3319.16 of the Revised Code. 725
Any supervisor employed pursuant to this division may terminate 726
the contract of employment at the end of any school year after 727
giving the board at least thirty days' written notice prior to 728
such termination. On the recommendation of the superintendent 729
the contract or contracts of any supervisor employed pursuant to 730
this division may be suspended for the remainder of the term of 731
any such contract if there is a reduction of the number of 732
approved supervisory teachers allocated to the service center 734
pursuant to section 3317.11 or 3319.17 of the Revised Code. 735
(F) A board may establish vacation leave for any 738
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 739
leave may compensate such an individual at the individual's 740
current rate of pay for all lawfully accrued and unused vacation 742
leave credited at the time of separation, not to exceed the 743
amount accrued within three years before the date of separation. 744
In case of the death of an individual employed under this 745
section, such unused vacation leave as the board would have paid 746
to the individual upon separation under this section shall be 747
paid in accordance with section 2113.04 of the Revised Code, or 748
to the estate. 749
Section 2. That existing sections 3313.64 and 3319.02 of 751
the Revised Code are hereby repealed. 753
Section 3. This act is hereby declared to be an emergency 755
measure necessary for the immediate preservation of the public 756
peace, health, and safety. The reason for this necessity is that 757
the administrative contracts of some school psychologists are 758
19
about to expire, and an immediate effective date for this act 759
will permit school districts to renew their administrative 760
contracts and retain them, as well as recruit new psychologists. 761
Therefore, this act shall go into immediate effect. 762