As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 77 5
1999-2000 6
SENATORS CUPP-SCHAFRATH-KEARNS-MUMPER-PRENTISS-SHOEMAKER 8
_________________________________________________________________ 10
A B I L L
To amend sections 3314.10, 3316.07, 3319.02, 12
3319.14, and 3319.18 and to enact section 13
3319.171 of the Revised Code and to amend Section 14
50.52.13 of Am. Sub. H.B. 215 of the 122nd 15
General Assembly to make certain changes
concerning the termination, suspension, and 16
evaluation of certain administrative personnel of
school districts and educational service centers. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 3314.10, 3316.07, 3319.02, 20
3319.14, and 3319.18 be amended and section 3319.171 of the 21
Revised Code be enacted to read as follows: 22
Sec. 3314.10. (A)(1) The governing authority of any 32
community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its 33
mission and fulfill its contract. 34
(2) Except as provided under division (A)(3) of this 36
section, employees hired under this section may organize and 38
collectively bargain pursuant to Chapter 4117. of the Revised 39
Code. Notwithstanding division (D)(1) of section 4117.06 of the 40
Revised Code, a unit containing teaching and nonteaching 41
employees employed under this section shall be considered an 42
appropriate unit. As applicable, employment under this section 43
is subject to either Chapter 3307. or 3309. of the Revised Code. 44
(3) If a school is created by converting all or part of an 46
existing public school rather than by establishment of a new 47
2
start-up school, at the time of conversion, the employees of the 50
community school shall remain part of any collective bargaining
unit in which they were included immediately prior to the 51
conversion and shall remain subject to any collective bargaining 52
agreement for that unit in effect on the first day of July of the 53
year in which the community school initially begins operation and 54
shall be subject to any subsequent collective bargaining 55
agreement for that unit, unless a petition is certified as 56
sufficient under division (A)(6) of this section with regard to 57
those employees. Any new employees of the community school shall 58
also be included in the unit to which they would have been 59
assigned had not the conversion taken place and shall be subject
to the collective bargaining agreement for that unit unless a 60
petition is certified as sufficient under division (A)(6) of this 61
section with regard to those employees. 62
Notwithstanding division (B) of section 4117.01 of the 64
Revised Code, the board of education of a school district and not 66
the governing authority of a community school shall be regarded, 67
for purposes of Chapter 4117. of the Revised Code, as the "public 68
employer" of the employees of a conversion community school 69
subject to a collective bargaining agreement pursuant to division 70
(A)(3) of this section unless a petition is certified under 71
division (A)(6) of this section with regard to those employees. 72
Only on and after the effective date of a petition certified as 73
sufficient under division (A)(6) of this section shall division 74
(A)(2) of this section apply to those employees of that community 75
school and only on and after the effective date of that petition 76
shall Chapter 4117. of the Revised Code apply to the governing 77
authority of that community school with regard to those
employees. 78
(4) Notwithstanding sections 4117.03 to 4117.18 of the 80
Revised Code and Section 4 of Amended Substitute Senate Bill No. 81
133 of the 115th general assembly, the employees of a conversion 82
community school who are subject to a collective bargaining 83
3
agreement pursuant to division (A)(3) of this section shall cease 84
to be subject to that agreement and all subsequent agreements 85
pursuant to that division and shall cease to be part of the 86
collective bargaining unit that is subject to that and all 87
subsequent agreements, if a majority of the employees of that 88
community school who are subject to that collective bargaining 89
agreement sign and submit to the state employment relations board
a petition requesting all of the following: 91
(a) That all the employees of the community school who are 94
subject to that agreement be removed from the bargaining unit
that is subject to that agreement and be designated by the state 95
employment relations board as a new and separate bargaining unit 96
for purposes of Chapter 4117. of the Revised Code; 98
(b) That the employee organization certified as the 100
exclusive representative of the employees of the bargaining unit 101
from which the employees are to be removed be certified as the 102
exclusive representative of the new and separate bargaining unit 104
for purposes of Chapter 4117. of the Revised Code; 105
(c) That the governing authority of the community school 108
be regarded as the "public employer" of these employees for
purposes of Chapter 4117. of the Revised Code. 109
(5) Notwithstanding sections 4117.03 to 4117.18 of the 111
Revised Code and Section 4 of Amended Substitute Senate Bill No. 113
133 of the 115th general assembly, the employees of a conversion
community school who are subject to a collective bargaining 115
agreement pursuant to division (A)(3) of this section shall cease 116
to be subject to that agreement and all subsequent agreements 117
pursuant to that division, shall cease to be part of the 118
collective bargaining unit that is subject to that and all 119
subsequent agreements, and shall cease to be represented by any 120
exclusive representative of that collective bargaining unit, if a 121
majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the 122
state employment relations board a petition requesting all of the 123
4
following:
(a) That all the employees of the community school who are 126
subject to that agreement be removed from the bargaining unit
that is subject to that agreement; 127
(b) That any employee organization certified as the 129
exclusive representative of the employees of that bargaining unit 130
be decertified as the exclusive representative of the employees 131
of the community school who are subject to that agreement; 132
(c) That the governing authority of the community school 134
be regarded as the "public employer" of these employees for 135
purposes of Chapter 4117. of the Revised Code. 136
(6) Upon receipt of a petition under division (A)(4) or 138
(5) of this section, the state employment relations board shall 139
check the sufficiency of the signatures on the petition. If the 141
signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved, 142
including the board of education, the governing authority of the 143
community school, and any exclusive representative of the 144
bargaining unit. The changes requested in a certified petition 145
shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is 146
certified under division (A)(6) of this section. 147
(B)(1) The board of education of each city, local, and 149
exempted village school district sponsoring a community school 150
and the governing board of each educational service center in 152
which a community school is located shall adopt a policy that 153
provides a leave of absence of at least three years to each 154
teacher or nonteaching employee of the district or service center 155
who is employed by a conversion or new start-up community school 156
sponsored by the district or located in the district or center 157
for the period during which the teacher or employee is 158
continuously employed by the community school. The policy shall 159
also provide that any teacher or nonteaching employee may return 160
to employment by the district or service center if the teacher or 161
5
employee leaves or is discharged from employment with the 162
community school for any reason, unless, in the case of a 163
teacher, the board of the district or service center determines 164
that the teacher was discharged for a reason for which the board 165
would have sought to discharge the teacher under section 3319.16
of the Revised Code, in which case the board may proceed to 166
discharge the teacher utilizing the procedures of that section. 167
Upon termination of such a leave of absence, any seniority that 168
is applicable to the person shall be calculated to include all of 169
the following: all employment by the district or service center 170
prior to the leave of absence; all employment by the community 171
school during the leave of absence; and all employment by the 172
district or service center after the leave of absence. The 173
policy shall also provide that if any teacher holding valid 174
certification returns to employment by the district or service 175
center upon termination of such a leave of absence, the teacher 176
shall be restored to the previous position and salary or to a 177
position and salary similar thereto. If, as a result of teachers 178
returning to employment upon termination of such leaves of 179
absence, a school district or educational service center reduces 180
the number of teachers it employs, it shall make such reductions 181
in accordance with section 3319.17 OR, IF APPLICABLE, 3319.171 of 182
the Revised Code.
Unless a collective bargaining agreement providing 184
otherwise is in effect for an employee of a conversion community 185
school pursuant to division (A)(3) of this section, an employee 186
on a leave of absence pursuant to this division shall remain 187
eligible for any benefits that are in addition to benefits under 188
Chapter 3307. or 3309. of the Revised Code provided by the 189
district or service center to its employees provided the employee 190
pays the entire cost associated with such benefits, except that 191
personal leave and vacation leave cannot be accrued for use as an 192
employee of a school district or service center while in the 193
employ of a community school unless the district or service 194
6
center board adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division 196
(B)(1) of this section, a conversion community school shall 197
permit a teacher to use sick leave accrued while in the employ of 198
the school district from which the leave of absence was taken and 199
prior to commencing such leave. If a teacher who is on such a 200
leave of absence uses sick leave so accrued, the cost of any
salary paid by the community school to the teacher for that time 202
shall be reported to the department of education. The cost of 203
employing a substitute teacher for that time shall be paid by the 204
community school. The department of education shall add amounts 205
to the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community 206
school as paid to a teacher using sick leave so accrued pursuant 207
to this section. The department shall subtract the amounts of 208
any payments made to community schools under this division from 209
payments made to such sponsoring school district under Chapter 210
3317. of the Revised Code.
A school district providing a leave of absence and employee 212
benefits to a person pursuant to this division is not liable for 213
any action of that person while the person is on such leave and 214
employed by a community school.
Sec. 3316.07. (A) A school district financial planning 223
and supervision commission has the following powers, duties, and 224
functions:
(1) To review or to assume responsibility for the 226
development of all tax budgets, tax levy and bond and note 228
resolutions, appropriation measures, and certificates of
estimated resources of the school district in order to ensure 229
that such are consistent with the financial recovery plan and a 230
balanced appropriation budget for the current fiscal year, and to 231
request and review any supporting information upon which the 232
financial recovery plan and balanced appropriation budget may be 233
developed and based, and to determine whether revenue estimates 234
7
and estimates of expenditures and appropriations will result in a 235
balanced budget;
(2) To inspect and secure copies of any document, 237
resolution, or instrument pertaining to the effective financial 239
accounting and reporting system, debt obligations, debt limits, 240
financial recovery plan, balanced appropriation budgets,
appropriation measures, report of audit, statement or invoice, or 241
other worksheet or record of the school district; 242
(3) To inspect and secure copies of any document, 244
instrument, certification, records of proceedings, or other 245
worksheet or records of the county budget commission, county 247
auditor, or other official or employee of the school district or
of any other political subdivision or agency of government of the 248
state;
(4) To review, revise, and approve determinations and 250
certifications affecting the school district made by the county 251
budget commission or county auditor pursuant to Chapter 5705. of 252
the Revised Code to ensure that such determinations and 253
certifications are consistent with the laws of the state; 254
(5) To bring civil actions, including mandamus, to enforce 256
this chapter; 257
(6) After consultation with the officials of the school 259
district and the auditor of state, to implement or require 260
implementation of any necessary or appropriate steps to bring the 262
books of account, accounting systems, and financial procedures 263
and reports of the school district into compliance with
requirements prescribed by the auditor of state, and to assume 264
responsibility for achieving such compliance and for making any 265
desirable modifications and supplementary systems and procedures 266
pertinent to the school district;
(7) To assist or provide assistance to the school district 268
or to assume the total responsibility for the structuring or the 269
terms of, and the placement for sale of, debt obligations of the 270
school district;
8
(8) To perform all other powers, duties, and functions as 272
provided under this chapter; 273
(9) To make and enter into all contracts and agreements 275
necessary or incidental to the performance of its duties and the 276
exercise of its powers under this chapter; 277
(10) To consult with officials of the school district and 279
make recommendations or assume the responsibility for 280
implementing cost reductions and revenue increases to achieve 281
balanced budgets and carry out the financial recovery plan in 282
accordance with this chapter;
(11) To make reductions in force to bring the school 284
district's budget into balance, notwithstanding section 3319.081 285
and divisions (A) and (B) of section 3319.17 of the Revised Code, 286
NOTWITHSTANDING ANY PROVISION OF A POLICY ADOPTED UNDER SECTION 287
3319.171 OF THE REVISED CODE, and notwithstanding any provision 288
to the contrary in section 4117.08 or 4117.10 of the Revised Code 289
or in any collective bargaining agreement entered into on or 291
after the effective date of this section NOVEMBER 21, 1997. 292
In making reductions in force, the commission shall first 294
consider reasonable reductions among the administrative and 295
non-teaching employees of the school district giving due regard 296
to ensuring the district's ability to maintain the personnel, 297
programs, and services essential to the provision of an adequate 298
educational program.
In making these reductions in non-teaching employees in 300
districts where Chapter 124. of the Revised Code controls such 302
reductions, the reductions shall be made in accordance with
sections 124.321 to 124.327 of the Revised Code. In making these 304
reductions in non-teaching employees in districts where Chapter 306
124. of the Revised Code does not control these reductions, 308
within each category of non-teaching employees, the commission 309
shall give preference to those employees with continuing 310
contracts or non-probationary status and who have greater
seniority. 311
9
If revenues and expenditures cannot be balanced by 313
reasonable reductions in administrative and non-teaching 314
employees, the commission may also make reasonable reductions in 315
the number of teaching contracts. If the commission finds it 316
necessary to suspend teaching contracts, it shall suspend them in
accordance with division (C) of section 3319.17 of the Revised 318
Code but shall consider a reduction in non-classroom teachers 320
before classroom teachers.
(B) During the fiscal emergency period, the commission 322
shall, in addition to other powers: 323
(1) With respect to the appropriation measure in effect at 325
the commencement of the fiscal emergency period of the school 327
district if that period commenced more than three months prior to 329
the end of the current fiscal year, and otherwise with respect to 330
the appropriation measure for the next fiscal year:
(a) Review and determine the adequacy of all revenues to 332
meet all expenditures for such fiscal year; 333
(b) Review and determine the extent of any deficiency of 335
revenues to meet such expenditures; 336
(c) Require the school district board or superintendent to 338
provide justification documents to substantiate, to the extent 340
and in the manner considered necessary, any item of revenue or 341
appropriation;
(d) Not later than sixty days after taking office or after 343
receiving the appropriation measure for the next fiscal year, 344
issue a public report regarding its review pursuant to division 345
(B)(1) of this section. 346
(2) Require the school district board, by resolution, to 348
establish monthly levels of expenditures and encumbrances 349
consistent with the financial recovery plan and the commission's 350
review pursuant to divisions (B)(1)(a) and (b) of this section, 351
or establish such levels itself. If the commission permits the 353
district board to make expenditures, the commission shall monitor 354
the monthly levels of expenditures and encumbrances and require 355
10
justification documents to substantiate any departure from any 356
approved level. No district board shall make any expenditure 357
apart from the approved level without the written approval of the
commission. 358
(C) In making any determination pursuant to division (B) 360
of this section, the commission may rely on any information 362
considered in its judgment reliable or material and shall not be 363
restricted by any tax budget or certificate or any other document 364
the school district may have adopted or received from any other 365
governmental agency.
(D) County, state, and school district officers or 367
employees shall assist the commission diligently and promptly in 369
the prosecution of its duties, including the furnishing of any 370
materials, including justification documents, required. 371
(E) Annually on or before the first day of April during 373
the fiscal emergency period, the commission shall make reports 374
and recommendations to the speaker of the house of 375
representatives and the president of the senate concerning 376
progress of the school district to eliminate fiscal emergency 377
conditions, failures of the school district to comply with this 378
chapter, and recommendations for further actions to attain the 379
objectives of this chapter, including any legislative action 380
needed to make provisions of law more effective for their 381
purposes, or to enhance revenue raising or financing capabilities 382
of school districts. The commission may make such interim 383
reports as it considers appropriate for such purposes and shall 384
make such additional reports as may be requested by either house 385
of the general assembly. 386
Sec. 3319.02. (A) As used in this section, "other 395
administrator" means any employee in a position for which a board 396
of education requires a license designated for being an 397
administrator, other than a superintendent, assistant 398
superintendent, principal, or assistant principal, issued under 399
section 3319.22 of the Revised Code or any nonlicensed employee 400
11
whose job duties enable such employee to be considered as either 401
a "supervisor" or a "management level employee," as defined in 402
section 4117.01 of the Revised Code.
(B) The board of education of each school district and the 404
governing board of an educational service center may appoint one 406
or more assistant superintendents and such other administrators 407
as are necessary. An assistant educational service center 408
superintendent or service center supervisor employed on a 409
part-time basis may also be employed by a local board as a 410
teacher. The board of each city, exempted village, and local 411
school district shall employ principals for all high schools and 412
for such other schools as the board designates, and those boards 413
may appoint assistant principals for any school that they 414
designate.
(C) In educational service centers and in city and 416
exempted village school districts, assistant superintendents, 418
principals, assistant principals, and other administrators shall 419
only be employed or reemployed in accordance with nominations of 420
the superintendent, except that a city or exempted village board 421
of education or the governing board of a service center, by a 422
three-fourths vote OF ITS FULL MEMBERSHIP, may reemploy any 423
assistant superintendent, principal, assistant principal, or 424
other administrator whom the superintendent refuses to nominate 425
after considering two nominees for the position. In local school 426
districts, assistant superintendents, principals, assistant 427
principals, and other administrators shall only be employed or 428
reemployed in accordance with nominations of the superintendent 429
of the service center of which the local district is a part, 431
except that a local board of education, by a majority
THREE-FOURTHS vote OF ITS FULL MEMBERSHIP, may reemploy any 433
assistant superintendent, principal, assistant principal, or 435
other administrator whom such superintendent refuses to nominate 436
after considering two nominees for the position. 437
The board of education or governing board shall execute a 439
12
written contract of employment with each assistant 441
superintendent, principal, assistant principal, and other 442
administrator it employs or reemploys. The term of such contract 443
shall not exceed three years except that in the case of a person 444
who has been employed as an assistant superintendent, principal, 445
assistant principal, or other administrator in the district or 446
center for three years or more, the term of the contract shall be 447
for not more than five years and, unless the superintendent of 448
the district recommends otherwise, not less than two years. If 449
the superintendent so recommends, the term of the contract of a 450
person who has been employed by the district or service center as 451
an assistant superintendent, principal, assistant principal, or 453
other administrator for three years or more may be one year, but 454
all subsequent contracts granted such person shall be for a term 455
of not less than two years and not more than five years. When a 456
teacher with continuing service status becomes an assistant 457
superintendent, principal, assistant principal, or other 458
administrator with the district or service center with which the 459
teacher holds continuing service status, the teacher retains such 461
status in the teacher's nonadministrative position as provided in 463
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an 465
assistant superintendent, principal, assistant principal, or 466
other administrator at any regular or special meeting held during 467
the period beginning on the first day of January of the calendar 468
year immediately preceding the year of expiration of the 469
employment contract and ending on the last day of March of the 470
year the employment contract expires. 471
Except by mutual agreement of the parties thereto, no 473
assistant superintendent, principal, assistant principal, or 474
other administrator shall be transferred during the life of a 476
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 478
3319.16 or 3319.17 of the Revised Code. NO CONTRACT MAY BE 479
13
SUSPENDED EXCEPT PURSUANT TO SECTION 3319.17 OR 3319.171 OF THE 480
REVISED CODE. The salaries and compensation prescribed by such 481
contracts shall not be reduced by a board unless such reduction 482
is a part of a uniform plan affecting the entire district or 483
center. The contract shall specify the employee's administrative 484
position and duties AS INCLUDED IN THE JOB DESCRIPTION ADOPTED 485
UNDER DIVISION (D) OF THIS SECTION, the salary and other 486
compensation to be paid for performance of duties, the number of 488
days to be worked, the number of days of vacation leave, if any, 489
and any paid holidays in the contractual year. 490
An assistant superintendent, principal, assistant 492
principal, or other administrator is, at the expiration of the 494
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 496
such employee notifies the board in writing to the contrary on or 497
before the first day of June, or unless such board, on or before 498
the last day of March of the year in which the contract of 499
employment expires, either reemploys such employee for a 500
succeeding term or gives written notice of its intention not to 502
reemploy the employee. The term of reemployment of a person 503
reemployed under this paragraph shall be one year, except that if 504
such person has been employed by the school district or service 505
center as an assistant superintendent, principal, assistant 506
principal, or other administrator for three years or more, the 507
term of reemployment shall be two years. 508
(D) Each board shall adopt procedures for the evaluation 511
of all assistant superintendents, principals, assistant 512
principals, and other administrators and shall evaluate such 513
employees in accordance with those procedures. The evaluation 514
based upon such procedures shall be considered by the board in 515
deciding SERVE AS A BASIS IN THE BOARD'S DECISION whether to 516
renew the contract of employment of an assistant superintendent, 517
principal, assistant principal, or other administrator. ANY 519
OTHER RELEVANT INFORMATION OUTSIDE OF INFORMATION OBTAINED FROM 520
14
AN EVALUATION ALSO MAY BE USED AS A BASIS IN THE BOARD'S
DECISION. IN ORDER TO PROVIDE AN OPPORTUNITY FOR AN EMPLOYEE TO 521
REFUTE THIS OTHER INFORMATION OR CORRECT ANY DEFICIENCIES IN IT, 522
AT LEAST SIXTY DAYS PRIOR TO THE BOARD'S DECISION THE 523
SUPERINTENDENT SHALL DOCUMENT THAT THIS OTHER INFORMATION HAS 524
BEEN VERIFIED AS TO ITS ACCURACY AND DISCUSSED WITH THE EMPLOYEE. 525
EACH BOARD SHALL INCLUDE IN ITS EVALUATION PROCEDURES JOB 527
DESCRIPTIONS AND PERFORMANCE STANDARDS RELATING TO THE JOB 528
DESCRIPTIONS THAT IT HAS DEVELOPED LOCALLY FOR THE DISTRICT OR 529
CENTER. The evaluation shall measure each assistant 530
superintendent's, principal's, assistant principal's, and other 531
administrator's effectiveness in performing the duties included 532
in the job description and the evaluation procedures shall 533
provide for, but not be limited to, the following: 534
(1) Each assistant superintendent, principal, assistant 536
principal, and other administrator shall be evaluated annually 537
through a written evaluation process. 538
(2) The evaluation shall be conducted by the 540
superintendent or designee. 541
(3) In order to provide time to show progress in 543
correcting the IDENTIFIED deficiencies identified in the 544
evaluation process, the completed evaluation PROCESS shall be 546
COMPLETED AS FOLLOWS: 548
(a) IN ANY SCHOOL YEAR THAT THE EMPLOYEE'S CONTRACT OF 550
EMPLOYMENT IS NOT DUE TO EXPIRE, ONLY ONE EVALUATION SHALL BE 551
COMPLETED IN THAT YEAR. THE EVALUATION SHALL IDENTIFY THE 552
STRENGTHS AND DEFICIENCIES OF THE EMPLOYEE AND INCLUDE 553
SUGGESTIONS FOR CORRECTING ANY IDENTIFIED DEFICIENCIES. A 554
WRITTEN COPY OF THE EVALUATION SHALL BE RECEIVED BY THE EMPLOYEE 556
NO LATER THAN THE THIRTIETH DAY OF JUNE. 557
(b) IN ANY SCHOOL YEAR THAT THE EMPLOYEE'S CONTRACT OF 559
EMPLOYMENT IS DUE TO EXPIRE, BOTH A PRELIMINARY EVALUATION AND A 560
FINAL EVALUATION SHALL BE COMPLETED IN THAT YEAR. THE 561
PRELIMINARY EVALUATION SHALL IDENTIFY THE STRENGTHS AND 562
15
DEFICIENCIES OF THE EMPLOYEE AND INCLUDE SUGGESTIONS FOR 563
CORRECTING ANY IDENTIFIED DEFICIENCIES. A WRITTEN COPY OF THE 564
PRELIMINARY EVALUATION SHALL BE received by the employee at least 567
sixty days prior to any action by the board on the employee's 568
contract of employment. THE FINAL EVALUATION SHALL NOTE THE 569
STRENGTHS AND DEFICIENCIES OF THE EMPLOYEE AS IDENTIFIED IN THE 571
PRELIMINARY EVALUATION, EVALUATE THE EMPLOYEE'S PROGRESS IN 572
CORRECTING ANY IDENTIFIED DEFICIENCIES, AND INDICATE THE 573
SUPERINTENDENT'S INTENDED RECOMMENDATION TO THE BOARD REGARDING A 574
CONTRACT OF EMPLOYMENT FOR THE EMPLOYEE. A WRITTEN COPY OF THE 575
FINAL EVALUATION SHALL BE RECEIVED BY THE EMPLOYEE AT LEAST TEN 576
DAYS PRIOR TO ANY ACTION BY THE BOARD ON THE EMPLOYEE'S CONTRACT 577
OF EMPLOYMENT. 578
Termination or suspension of an assistant superintendent, 580
principal, assistant principal, or other administrator's contract 581
shall be pursuant to section 3319.16 or 3319.17 of the Revised 582
Code. SUSPENSION OF ANY SUCH EMPLOYEE SHALL BE PURSUANT TO 583
SECTION 3319.17 OR 3319.171 OF THE REVISED CODE. 584
The establishment of an evaluation procedure shall not 586
create an expectancy of continued employment. Nothing in this 587
section shall prevent a board from making the final determination 589
regarding the renewal of or failure to renew the contract of any 590
assistant superintendent, principal, assistant principal, or 591
other administrator.
Before taking action to renew or nonrenew the contract of 593
an assistant superintendent, principal, assistant principal, or 594
other administrator under this section and prior to the last day 595
of March of the year in which such employee's contract expires, 596
the board shall notify each such employee of the date that the 598
contract expires and that the employee may request a meeting with 599
the board. Upon request by such an employee, the board shall 600
grant the employee a meeting in executive session to. IN THAT 601
MEETING, THE BOARD SHALL discuss the ITS reasons for considering 602
renewal or nonrenewal of the contract. THE EMPLOYEE SHALL BE 604
16
PERMITTED TO HAVE A REPRESENTATIVE, CHOSEN BY THE EMPLOYEE, 605
PRESENT AT THE MEETING. EXCEPT FOR FAILURE OF THE BOARD TO 606
PROPERLY NOTIFY AN EMPLOYEE OF THE DATE THE EMPLOYEE'S CONTRACT 607
EXPIRES IN ACCORDANCE WITH THIS PARAGRAPH, TO GRANT AT THE 608
REQUEST OF AN EMPLOYEE A MEETING IN EXECUTIVE SESSION AND DISCUSS 609
THE BOARD'S REASONS FOR RENEWAL OR NONRENEWAL OF THE EMPLOYEE'S 610
CONTRACT IN ACCORDANCE WITH THIS PARAGRAPH, OR TO ANNUALLY 611
EVALUATE AN EMPLOYEE AS REQUIRED BY DIVISION (D) OF THIS SECTION, 613
NOTHING IN THIS SECTION SHALL PREVENT A BOARD FROM MAKING THE 614
FINAL DETERMINATION REGARDING THE RENEWAL OR NONRENEWAL OF THE 615
CONTRACT OF ANY ASSISTANT SUPERINTENDENT, PRINCIPAL, ASSISTANT 616
PRINCIPAL, OR OTHER ADMINISTRATOR. IF A BOARD FAILS TO MEET ANY 617
SUCH REQUIREMENT, THE EMPLOYEE AUTOMATICALLY SHALL BE REEMPLOYED 618
AT THE SAME SALARY PLUS ANY INCREMENTS THAT MAY BE AUTHORIZED BY 619
THE BOARD FOR A PERIOD OF ONE YEAR EXCEPT THAT THE PERIOD SHALL 620
BE TWO YEARS IF THE EMPLOYEE HAS BEEN EMPLOYED AS AN ASSISTANT 622
SUPERINTENDENT, PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER 623
ADMINISTRATOR IN THE DISTRICT OR CENTER FOR THREE YEARS OR MORE. 624
(E) On nomination of the superintendent of a service 627
center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to 628
exceed five years each. Such contracts may be terminated by a 629
governing board pursuant to section 3319.16 of the Revised Code. 631
Any supervisor employed pursuant to this division may terminate 632
the contract of employment at the end of any school year after 633
giving the board at least thirty days' written notice prior to 634
such termination. On the recommendation of the superintendent 635
the contract or contracts of any supervisor employed pursuant to 636
this division may be suspended for the remainder of the term of 637
any such contract if there is a reduction of the number of 638
approved supervisory teachers allocated to the service center 640
pursuant to section 3317.11 or 3319.17 OR 3319.171 of the Revised 641
Code.
(F) A board may establish vacation leave for any 644
17
individuals employed under this section. Upon such an
individual's separation from employment, a board that has such 645
leave may compensate such an individual at the individual's 646
current rate of pay for all lawfully accrued and unused vacation 648
leave credited at the time of separation, not to exceed the 649
amount accrued within three years before the date of separation. 650
In case of the death of an individual employed under this 651
section, such unused vacation leave as the board would have paid 652
to the individual upon separation under this section shall be 653
paid in accordance with section 2113.04 of the Revised Code, or 654
to the estate. 655
Sec. 3319.14. Any teacher who has left, or leaves, a 664
teaching position, by resignation or otherwise, and within forty 665
school days thereafter entered, or enters, the uniformed services 666
and whose service is terminated in a manner other than as 667
described in section 4304 of Title 38 of the United States Code,
"Uniformed Services Employment and Reemployment Rights Act of 668
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by 669
the board of education of the district in which the teacher held 670
such teaching position, under the same type of contract as that 671
which the teacher last held in such district, if the teacher 672
applies to the board of education for reemployment in accordance
with the "Uniformed Services Employment and Reemployment Rights 673
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such 674
application, the teacher shall be reemployed at the first of the 675
next school semester, if the application is made not less than 676
thirty days prior to the first of the next school semester, in 677
which case the teacher shall be reemployed the first of the
following school semester, unless the board of education waives 678
the requirement for the thirty-day period. 679
For the purposes of seniority and placement on the salary 681
schedule, years of absence performing service in the uniformed 682
services shall be counted as though teaching service had been 683
performed during such time.
18
The board of education of the district in which such 685
teacher was employed and is reemployed under this section may 686
suspend the contract of the teacher whose services become 687
unnecessary by reason of the return of a teacher from service in 688
the uniformed services in accordance with section 3319.17 OR 689
3319.171 of the Revised Code. 690
Sec. 3319.171. (A) NOTWITHSTANDING SECTION 3319.17 OF THE 693
REVISED CODE, THE BOARD OF EDUCATION OF A CITY, LOCAL, EXEMPTED 694
VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT OR THE GOVERNING 695
BOARD OF AN EDUCATIONAL SERVICE CENTER MAY ADOPT AN 696
ADMINISTRATIVE PERSONNEL SUSPENSION POLICY GOVERNING THE 697
SUSPENSION OF ANY CONTRACT OF EMPLOYMENT ENTERED INTO BY A BOARD 698
UNDER SECTION 3319.02 OF THE REVISED CODE. IF A BOARD ADOPTS A 700
POLICY UNDER THIS SECTION, NO CONTRACT ENTERED INTO BY A BOARD 701
UNDER SECTION 3319.02 OF THE REVISED CODE MAY BE SUSPENDED EXCEPT 702
PURSUANT TO THE POLICY. IF A BOARD DOES NOT ADOPT SUCH A POLICY, 703
NO SUCH CONTRACT MAY BE SUSPENDED BY A BOARD EXCEPT PURSUANT TO 704
SECTION 3319.17 OF THE REVISED CODE. 705
(B) THE ADMINISTRATIVE PERSONNEL SUSPENSION POLICY SHALL 708
INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
(1) ONE OR MORE REASONS THAT A BOARD MAY CONSIDER FOR 710
SUSPENDING ANY CONTRACT OF EMPLOYMENT ENTERED INTO UNDER SECTION 712
3319.02 OF THE REVISED CODE. A REASON FOR SUCH SUSPENSION MAY 714
INCLUDE THE FINANCIAL CONDITIONS OF THE SCHOOL DISTRICT OR 715
EDUCATIONAL SERVICE CENTER.
(2) PROCEDURES FOR DETERMINING THE ORDER OF SUSPENSION OF 717
CONTRACTS WITHIN THE EMPLOYMENT SERVICE AREAS AFFECTED; 719
(3) PROVISIONS REQUIRING A RIGHT OF RESTORATION FOR 721
EMPLOYEES WHOSE CONTRACTS OF EMPLOYMENT ARE SUSPENDED UNDER THE 723
POLICY IF AND WHEN ANY POSITIONS BECOME VACANT OR ARE CREATED FOR 724
WHICH ANY OF THEM ARE OR BECOME QUALIFIED. 725
(C) THE POLICY PROCEDURES AND PROVISIONS ADOPTED UNDER 728
DIVISIONS (B)(2) AND (3) OF THIS SECTION SHALL BE MUTUALLY 730
DEVELOPED BY THE BOARD OF A DISTRICT OR SERVICE CENTER AND THE 731
19
SUPERINTENDENT AND ALL ASSISTANT SUPERINTENDENTS, PRINCIPALS, 732
ASSISTANT PRINCIPALS, AND OTHER ADMINISTRATORS EMPLOYED BY THAT 734
BOARD UNDER SECTION 3319.02 OF THE REVISED CODE. 735
Sec. 3319.18. If an entire school district or that part of 744
a school district which comprises the territory in which a school 745
is situated is transferred to any other district, or if a new 746
school district is created, the teachers in such districts or 747
schools employed on continuing contracts immediately prior to 748
such transfer, or creation shall, subject to section 3319.17 OR 750
3319.171 of the Revised Code, have continuing service status in 751
the newly created district, or in the district to which the 752
territory is transferred. 753
The limited contracts of the teachers employed in such 755
districts or schools immediately prior to such transfer, or 756
creation, shall become the legal obligations of the board of 757
education in the newly created district, or in the district to 758
which the territory is transferred, subject to section 3319.17 OR 760
3319.171 of the Revised Code. The teaching experience of such 761
teachers in such prior districts or schools shall be included in 762
the three years of service required under section 3319.11 of the 763
Revised Code for a teacher to become eligible for continuing 764
service status. 765
Teachers employed on limited or continuing contracts in an 767
entire school district or that part of a school district which 768
comprises the territory in which a school is situated which is 769
transferred to any other district or which is merged with other 770
school territory to create a new school district, shall be 771
placed, on the effective date of such transfer or merger, on the 772
salary schedule of the district to which the territory is 773
transferred or the newly created district, according to their 774
training and experience. Such experience shall be the total sum 775
of the years taught in the district whose territory was 776
transferred or merged to create a new district, plus the total 777
number of years of teaching experience recognized by such 778
20
previous district upon its first employment of such teachers. 779
The placement of the teachers on the salary schedule, 781
pursuant to this section, shall not result, however, in the 782
salary of any teacher being less than his THE TEACHER'S current 783
annual salary for regular duties, in existence immediately prior 785
to the merger or transfer. 786
In making any reduction in the number of teachers under 788
section 3319.17 of the Revised Code by reason of the transfer or 789
consolidation of school territory, the years of teaching service 790
of the teachers employed in the district or schools transferred 791
to any other district or merged with any school territory to 792
create a new district, shall be included as a part of the 793
seniority on which the recommendation of the superintendent of 794
schools shall be based, under section 3319.17 of the Revised 795
Code. Such service shall have been continuous and shall include 796
years of service in the previous district as well as the years of 797
continuous service in any district which had been previously 798
transferred to or consolidated to form such district. WHEN 799
SUSPENDING CONTRACTS IN ACCORDANCE WITH AN ADMINISTRATIVE 800
PERSONNEL SUSPENSION POLICY ADOPTED UNDER SECTION 3319.171 OF THE 801
REVISED CODE, A BOARD MAY CONSIDER YEARS OF TEACHING SERVICE IN 802
ITS DECISION IF IT IS A PART OF THE SUSPENSION POLICY. 803
Section 2. That existing sections 3314.10, 3316.07, 805
3319.02, 3319.14, and 3319.18 of the Revised Code are hereby 806
repealed.
Section 3. That Section 50.52.13 of Am. Sub. H.B. 215 of 808
the 122nd General Assembly be amended to read as follows: 809
"Sec. 50.52.13. (A)(1) The governing authority of any 812
community school established under this section may employ
teachers and nonteaching employees necessary to carry out its 813
mission and fulfill its contract. No employee contract shall 814
extend beyond June 30, 2003. 815
(2) Except as provided under division (A)(3) of this 817
subsection, employees hired under this subsection may organize 818
21
and collectively bargain pursuant to Chapter 4117. of the Revised 820
Code. No agreement under such chapter shall extend beyond June 821
30, 2003. Notwithstanding division (D)(1) of section 4117.06 of 822
the Revised Code, a unit containing teaching and nonteaching
employees employed under this subsection shall be considered an 824
appropriate unit. As applicable, employment under this 825
subsection is subject to either Chapter 3307. or 3309. of the 826
Revised Code.
(3) If, under this section, the board of education of a 828
school district sponsors, or permits the establishment of, a 829
community school that is to be created by converting all or part 831
of an existing public school into the community school, the
employees of the community school shall remain part of any 832
collective bargaining unit in which they were included 833
immediately prior to the conversion and shall remain subject to 834
any collective bargaining agreement for that unit in effect on
the first day of July of the year in which the community school 836
initially begins operation and shall be subject to any subsequent 837
collective bargaining agreement for that unit, unless a petition
is certified as sufficient under division (A)(6) of this 838
subsection with regard to those employees. Any new employees of 839
the community school shall also be included in the unit to which 840
they would have been assigned had not the conversion taken place 841
and shall be subject to the collective bargaining agreement for 842
that unit unless a petition is certified as sufficient under 843
division (A)(6) of this subsection with regard to those
employees. 844
Notwithstanding division (B) of section 4117.01 of the 846
Revised Code, the board of education of a school district and not 848
the governing authority of a community school shall be regarded, 849
for purposes of Chapter 4117. of the Revised Code, as the "public 851
employer" of the employees of the community school subject to a
collective bargaining agreement pursuant to division (A)(3) of 853
this subsection unless a petition is certified under division 854
22
(A)(6) of this subsection with regard to those employees. Only 855
on and after the effective date of a petition certified as 857
sufficient under division (A)(6) of this subsection shall 858
division (A)(2) of this subsection apply to those employees of 860
that community school and only on and after the effective date of
that petition shall Chapter 4117. of the Revised Code apply to 862
the governing authority of that community school with regard to
those employees. 863
(4) Notwithstanding sections 4117.03 to 4117.18 of the 865
Revised Code and Section 4 of Amended Substitute Senate Bill No. 866
133 of the 115th General Assembly, the employees of a community 868
school who are subject to a collective bargaining agreement 869
pursuant to division (A)(3) of this subsection shall cease to be 870
subject to that agreement and all subsequent agreements pursuant 871
to that division and shall cease to be part of the collective 872
bargaining unit that is subject to that and all subsequent 873
agreements, if a majority of the employees of the community 874
school who are subject to that collective bargaining agreement 875
sign and submit to the State Employment Relations Board a
petition requesting all of the following: 876
(a) That all the employees of the community school who are 879
subject to that agreement be removed from the bargaining unit
that is subject to that agreement and be designated by the State 880
Employment Relations board as a new and separate bargaining unit 881
for purposes of Chapter 4117. of the Revised Code; 882
(b) That the employee organization certified as the 884
exclusive representative of the employees of the bargaining unit 885
from which the employees are to be removed be certified as the 886
exclusive representative of the new and separate bargaining unit 887
for purposes of Chapter 4117. of the Revised Code; 888
(c) That the governing authority of the community school 891
be regarded as the "public employer" of these employees for
purposes of Chapter 4117. of the Revised Code. 892
(5) Notwithstanding sections 4117.03 to 4117.18 of the 894
23
Revised Code and Section 4 of Amended Substitute Senate Bill No. 895
133 of the 115th General Assembly, the employees of a community 897
school who are subject to a collective bargaining agreement 898
pursuant to division (A)(3) of this subsection shall cease to be 899
subject to that agreement and all subsequent agreements pursuant 900
to that division, shall cease to be part of the collective 901
bargaining unit that is subject to that and all subsequent 902
agreements, and shall cease to be represented by any exclusive 903
representative of that collective bargaining unit, if a majority 904
of the employees of the community school who are subject to that 905
collective bargaining agreement sign and submit to the State
Employment Relations Board a petition requesting all of the 906
following:
(a) That all the employees of the community school who are 909
subject to that agreement be removed from the bargaining unit
that is subject to that agreement; 910
(b) That any employee organization certified as the 912
exclusive representative of the employees of that bargaining unit 913
be decertified as the exclusive representative of the employees 914
of the community school who are subject to that agreement; 915
(c) That the governing authority of the community school 917
be regarded as the "public employer" of these employees for 918
purposes of Chapter 4117. of the Revised Code. 920
(6) Upon receipt of a petition under division (A)(4) or 923
(5) of this subsection, the State Employment Relations Board
shall check the sufficiency of the signatures on the petition. 924
If the signatures are found sufficient, the Board shall certify 925
the sufficiency of the petition and so notify the parties 926
involved, including the board of education, the governing 927
authority of the community school, and any exclusive 928
representative of the bargaining unit. The changes requested in
a certified petition shall take effect on the first day of the 929
month immediately following the date on which the sufficiency of 930
the petition is certified under this division. 931
24
(B) The board of education of each city, local, exempted 934
village, and joint vocational school district in the Lucas County 935
area, and the governing board of the Lucas County Educational 936
Service Center shall adopt a policy that provides a leave of 937
absence of at least two years to each teacher or nonteaching 939
employee of the district or service center who is employed by a 941
community school for the period during which the teacher or
employee is continuously employed by the community school. The 942
policy shall also provide that any teacher or nonteaching 943
employee may return to employment by the district or service 944
center if the teacher or employee leaves or is discharged from 945
employment with the community school for any reason. Upon
termination of such a leave of absence, any seniority that is 946
applicable to the person shall be calculated to include all of 947
the following: all employment by the district or service center 948
prior to the leave of absence; all employment by the community 949
school during the leave of absence; and all employment by the 950
district or service center after the leave of absence. The 953
policy shall also provide that if any teacher holding valid 954
certification returns to employment by the district or service 955
center upon termination of such a leave of absence, the teacher 956
shall be restored to the previous position and salary or to a 957
position and salary similar thereto. If, as a result of teachers 958
returning to employment upon termination of such leaves of 959
absence, a school district or educational service center reduces 960
the number of teachers it employs, it shall make such reductions 961
in accordance with section 3319.17 OR, IF APPLICABLE, 3319.171 of 962
the Revised Code.
Unless a collective bargaining agreement providing 965
otherwise is in effect for an employee of a community school 966
pursuant to division (A)(3) of this subsection, an employee on a 967
leave of absence pursuant to this division shall remain eligible 968
for any benefits that are in addition to benefits under Chapter 969
3307. or 3309. of the Revised Code provided by the district or 970
25
service center to its employees provided the employee pays the 972
entire cost associated with such benefits, except that personal 973
leave and vacation leave cannot be accrued for use as an employee 974
of a school district or service center while in the employ of a 976
community school unless the district or service center board
adopts a policy expressly permitting this accrual. 978
A school or service center providing a leave of absence and 980
employee benefits to a person pursuant to this division is not 981
liable for any action of that person while the person is on such 982
leave and employed by a community school."
Section 4. That existing Section 50.52.13 of Am. Sub. H.B. 984
215 of the 122nd General Assembly is hereby repealed. 985