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