As Reported by the Senate Education Committee            1            

123rd General Assembly                                             4            

   Regular Session                              Sub. 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)(1)  Each board shall adopt procedures for the            510          

evaluation of all assistant superintendents, principals,           511          

assistant principals, and other administrators and shall evaluate  512          

such employees in accordance with those procedures.  The           513          

evaluation based upon such procedures shall be considered by the   514          

board in deciding SERVE AS A BASIS IN THE BOARD'S DECISION         515          

whether to renew the contract of employment of an assistant        517          

superintendent, principal, assistant principal, or other           518          

administrator.  ANY OTHER RELEVANT INFORMATION OUTSIDE OF          519          

                                                          14     


                                                                 
INFORMATION OBTAINED FROM AN EVALUATION ALSO MAY BE USED AS A      520          

BASIS IN THE BOARD'S DECISION.  IN ORDER TO PROVIDE AN             521          

OPPORTUNITY FOR AN EMPLOYEE TO REFUTE THIS INFORMATION OR CORRECT  522          

DEFICIENCIES, AT LEAST SIXTY DAYS PRIOR TO THE BOARD'S DECISION    523          

THE SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE SHALL MEET     524          

WITH THE EMPLOYEE TO DISCUSS THE OTHER INFORMATION AND THE SOURCE  525          

THEREOF.                                                                        

      (2)  EACH BOARD SHALL INCLUDE IN ITS EVALUATION PROCEDURES   527          

ANY JOB DESCRIPTIONS AND ANY PERFORMANCE STANDARDS RELATING TO     529          

THE JOB DESCRIPTIONS THAT IT HAS DEVELOPED LOCALLY.  The           532          

evaluation shall measure each assistant superintendent's,          533          

principal's, assistant principal's, and other administrator's      534          

effectiveness in performing the duties included in the job         535          

description and the evaluation procedures shall provide for, but   536          

not be limited to, the following:                                               

      (1)(a)  Each assistant superintendent, principal, assistant  538          

principal, and other administrator shall be evaluated annually     539          

through a written evaluation process.                              540          

      (2)(b)  The evaluation shall be conducted by the             542          

superintendent or designee.                                        543          

      (3)(c)  In order to provide time to show progress in         545          

correcting the IDENTIFIED deficiencies identified in the           546          

evaluation process, the completed evaluation PROCESS shall be      548          

COMPLETED AS FOLLOWS:                                              550          

      (i)  IN ANY SCHOOL YEAR THAT THE EMPLOYEE'S CONTRACT OF      552          

EMPLOYMENT IS NOT DUE TO EXPIRE, AT LEAST ONE EVALUATION SHALL BE  553          

COMPLETED IN THAT YEAR.  THE EVALUATION SHALL IDENTIFY THE         554          

STRENGTHS AND DEFICIENCIES OF THE EMPLOYEE AND INCLUDE             555          

SUGGESTIONS FOR CORRECTING ANY IDENTIFIED DEFICIENCIES.  A         556          

WRITTEN COPY OF THE EVALUATION SHALL BE PROVIDED TO THE EMPLOYEE   558          

NO LATER THAN THE END OF THE EMPLOYEE'S CONTRACT YEAR AS DEFINED   559          

BY THE EMPLOYEE'S ANNUAL SALARY NOTICE.                                         

      (ii)  IN ANY SCHOOL YEAR THAT THE EMPLOYEE'S CONTRACT OF     561          

EMPLOYMENT IS DUE TO EXPIRE, AT LEAST A PRELIMINARY EVALUATION     562          

                                                          15     


                                                                 
AND AT LEAST A FINAL EVALUATION SHALL BE COMPLETED IN THAT YEAR.   563          

THE PRELIMINARY EVALUATION SHALL IDENTIFY THE STRENGTHS AND        564          

DEFICIENCIES OF THE EMPLOYEE AND INCLUDE SUGGESTIONS FOR           565          

CORRECTING ANY IDENTIFIED DEFICIENCIES.  A WRITTEN COPY OF THE     566          

PRELIMINARY EVALUATION SHALL BE received by the employee at least  569          

sixty days prior to any action by the board on the employee's      570          

contract of employment.  THE FINAL EVALUATION SHALL NOTE THE       571          

STRENGTHS AND DEFICIENCIES OF THE EMPLOYEE AS IDENTIFIED IN THE    573          

PRELIMINARY EVALUATION, EVALUATE THE EMPLOYEE'S PROGRESS IN        574          

CORRECTING ANY IDENTIFIED DEFICIENCIES, AND INDICATE THE           575          

SUPERINTENDENT'S INTENDED RECOMMENDATION TO THE BOARD REGARDING A  576          

CONTRACT OF EMPLOYMENT FOR THE EMPLOYEE.  A WRITTEN COPY OF THE    577          

EVALUATION SHALL BE PROVIDED TO THE EMPLOYEE AT LEAST FIVE DAYS    578          

PRIOR TO THE BOARD'S ACTING TO RENEW OR NOT RENEW THE CONTRACT.    579          

      (3)  Termination or suspension of an assistant               581          

superintendent, principal, assistant principal, or other           582          

administrator's contract shall be pursuant to section 3319.16 or   583          

3319.17 of the Revised Code.  SUSPENSION OF ANY SUCH EMPLOYEE      584          

SHALL BE PURSUANT TO SECTION 3319.17 OR 3319.171 OF THE REVISED    585          

CODE.                                                                           

      The establishment of an evaluation procedure shall not       587          

create an expectancy of continued employment.  Nothing in this     588          

section shall prevent a board from making the final determination  590          

regarding the renewal of or failure to renew the contract of any   591          

assistant superintendent, principal, assistant principal, or       592          

other administrator.                                                            

      (4)  Before taking action to renew or nonrenew the contract  594          

of an assistant superintendent, principal, assistant principal,    595          

or other administrator under this section and prior to the last    596          

day of March of the year in which such employee's contract         597          

expires, the board shall notify each such employee of the date     599          

that the contract expires and that the employee may request a                   

meeting with the board.  Upon request by such an employee, the     600          

board shall grant the employee a meeting in executive session to.  601          

                                                          16     


                                                                 
IN THAT MEETING, THE BOARD SHALL discuss the ITS reasons for       603          

considering renewal or nonrenewal of the contract.  THE EMPLOYEE   605          

SHALL BE PERMITTED TO HAVE A REPRESENTATIVE, CHOSEN BY THE         606          

EMPLOYEE, PRESENT AT THE MEETING.                                               

      (5)  NOTHING IN THIS SECTION SHALL PREVENT A BOARD FROM      608          

MAKING THE FINAL DETERMINATION REGARDING THE RENEWAL OR            609          

NONRENEWAL OF THE CONTRACT OF ANY ASSISTANT SUPERINTENDENT,        610          

PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR.  HOWEVER,  611          

IF A BOARD FAILS TO PROVIDE EVALUATIONS PURSUANT TO DIVISION (D)   612          

OF THIS SECTION AT THE RATE OF ONE EVALUATION IN A YEAR THE        613          

CONTRACT IS NOT TO BE ACTED UPON AND TWO EVALUATIONS IN THE YEAR   614          

THE CONTRACT EXPIRES, OR IF THE BOARD FAILS TO PROVIDE AT THE      615          

REQUEST OF THE EMPLOYEE A MEETING TO DISCUSS THE BOARD'S REASON    616          

FOR THE RENEWAL OR NONRENEWAL OF THE CONTRACT, THE EMPLOYEE                     

AUTOMATICALLY SHALL BE REEMPLOYED AT THE SAME SALARY PLUS ANY      617          

INCREMENTS THAT MAY BE AUTHORIZED BY THE BOARD FOR A PERIOD OF     618          

ONE YEAR EXCEPT THAT IF THE EMPLOYEE HAS BEEN EMPLOYED BY THE      620          

DISTRICT OR SERVICE CENTER AS AN ASSISTANT SUPERINTENDENT,         621          

PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR FOR THREE   622          

YEARS OR MORE THE PERIOD OF REEMPLOYMENT SHALL BE FOR TWO YEARS.   623          

      (E)  On nomination of the superintendent of a service        626          

center a governing board may employ supervisors who shall be                    

employed under written contracts of employment for terms not to    627          

exceed five years each.  Such contracts may be terminated by a     628          

governing board pursuant to section 3319.16 of the Revised Code.   630          

Any supervisor employed pursuant to this division may terminate    631          

the contract of employment at the end of any school year after     632          

giving the board at least thirty days' written notice prior to     633          

such termination.  On the recommendation of the superintendent     634          

the contract or contracts of any supervisor employed pursuant to   635          

this division may be suspended for the remainder of the term of    636          

any such contract if there is a reduction of the number of         637          

approved supervisory teachers allocated to the service center      639          

pursuant to section 3317.11 or 3319.17 OR 3319.171 of the Revised  640          

                                                          17     


                                                                 
Code.                                                                           

      (F)  A board may establish vacation leave for any            643          

individuals employed under this section.  Upon such an                          

individual's separation from employment, a board that has such     644          

leave may compensate such an individual at the individual's        645          

current rate of pay for all lawfully accrued and unused vacation   647          

leave credited at the time of separation, not to exceed the        648          

amount accrued within three years before the date of separation.   649          

In case of the death of an individual employed under this          650          

section, such unused vacation leave as the board would have paid   651          

to the individual upon separation under this section shall be      652          

paid in accordance with section 2113.04 of the Revised Code, or    653          

to the estate.                                                     654          

      Sec. 3319.14.  Any teacher who has left, or leaves, a        663          

teaching position, by resignation or otherwise, and within forty   664          

school days thereafter entered, or enters, the uniformed services  665          

and whose service is terminated in a manner other than as          666          

described in section 4304 of Title 38 of the United States Code,                

"Uniformed Services Employment and Reemployment Rights Act of      667          

1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by    668          

the board of education of the district in which the teacher held   669          

such teaching position, under the same type of contract as that    670          

which the teacher last held in such district, if the teacher       671          

applies to the board of education for reemployment in accordance                

with the "Uniformed Services Employment and Reemployment Rights    672          

Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312.  Upon such         673          

application, the teacher shall be reemployed at the first of the   674          

next school semester, if the application is made not less than     675          

thirty days prior to the first of the next school semester, in     676          

which case the teacher shall be reemployed the first of the                     

following school semester, unless the board of education waives    677          

the requirement for the thirty-day period.                         678          

      For the purposes of seniority and placement on the salary    680          

schedule, years of absence performing service in the uniformed     681          

                                                          18     


                                                                 
services shall be counted as though teaching service had been      682          

performed during such time.                                                     

      The board of education of the district in which such         684          

teacher was employed and is reemployed under this section may      685          

suspend the contract of the teacher whose services become          686          

unnecessary by reason of the return of a teacher from service in   687          

the uniformed services in accordance with section 3319.17 OR       688          

3319.171 of the Revised Code.                                      689          

      Sec. 3319.171.  (A)  NOTWITHSTANDING SECTION 3319.17 OF THE  692          

REVISED CODE, THE BOARD OF EDUCATION OF A CITY, LOCAL, EXEMPTED    693          

VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT OR THE GOVERNING      694          

BOARD OF AN EDUCATIONAL SERVICE CENTER MAY ADOPT AN                695          

ADMINISTRATIVE PERSONNEL SUSPENSION POLICY GOVERNING THE           696          

SUSPENSION OF ANY CONTRACT OF EMPLOYMENT ENTERED INTO BY A BOARD   697          

UNDER SECTION 3319.02 OF THE REVISED CODE.  IF A BOARD ADOPTS A    699          

POLICY UNDER THIS SECTION, NO CONTRACT ENTERED INTO BY A BOARD     700          

UNDER SECTION 3319.02 OF THE REVISED CODE MAY BE SUSPENDED EXCEPT  701          

PURSUANT TO THE POLICY.  IF A BOARD DOES NOT ADOPT SUCH A POLICY,  702          

NO SUCH CONTRACT MAY BE SUSPENDED BY A BOARD EXCEPT PURSUANT TO    703          

SECTION 3319.17 OF THE REVISED CODE.                               704          

      (B)  THE ADMINISTRATIVE PERSONNEL SUSPENSION POLICY SHALL    707          

INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:                           

      (1)  ONE OR MORE REASONS THAT A BOARD MAY CONSIDER FOR       709          

SUSPENDING ANY CONTRACT OF EMPLOYMENT ENTERED INTO UNDER SECTION   711          

3319.02 OF THE REVISED CODE.  A REASON FOR SUCH SUSPENSION MAY     713          

INCLUDE THE FINANCIAL CONDITIONS OF THE SCHOOL DISTRICT OR         714          

EDUCATIONAL SERVICE CENTER.                                                     

      (2)  PROCEDURES FOR DETERMINING THE ORDER OF SUSPENSION OF   716          

CONTRACTS WITHIN THE EMPLOYMENT SERVICE AREAS AFFECTED;            718          

      (3)  PROVISIONS REQUIRING A RIGHT OF RESTORATION FOR         720          

EMPLOYEES WHOSE CONTRACTS OF EMPLOYMENT ARE SUSPENDED UNDER THE    722          

POLICY IF AND WHEN ANY POSITIONS BECOME VACANT OR ARE CREATED FOR  723          

WHICH ANY OF THEM ARE OR BECOME QUALIFIED.                         724          

      (C)  THE POLICY PROCEDURES AND PROVISIONS ADOPTED UNDER      727          

                                                          19     


                                                                 
DIVISIONS (B)(2) AND (3) OF THIS SECTION SHALL BE DEVELOPED BY     729          

THE BOARD OF A DISTRICT OR SERVICE CENTER WITH INPUT FROM THE      730          

SUPERINTENDENT AND ALL ASSISTANT SUPERINTENDENTS, PRINCIPALS,      731          

ASSISTANT PRINCIPALS, AND OTHER ADMINISTRATORS EMPLOYED BY THAT    733          

BOARD UNDER SECTION 3319.02 OF THE REVISED CODE.                   734          

      Sec. 3319.18.  If an entire school district or that part of  743          

a school district which comprises the territory in which a school  744          

is situated is transferred to any other district, or if a new      745          

school district is created, the teachers in such districts or      746          

schools employed on continuing contracts immediately prior to      747          

such transfer, or creation shall, subject to section 3319.17 OR    749          

3319.171 of the Revised Code, have continuing service status in    750          

the newly created district, or in the district to which the        751          

territory is transferred.                                          752          

      The limited contracts of the teachers employed in such       754          

districts or schools immediately prior to such transfer, or        755          

creation, shall become the legal obligations of the board of       756          

education in the newly created district, or in the district to     757          

which the territory is transferred, subject to section 3319.17 OR  759          

3319.171 of the Revised Code.  The teaching experience of such     760          

teachers in such prior districts or schools shall be included in   761          

the three years of service required under section 3319.11 of the   762          

Revised Code for a teacher to become eligible for continuing       763          

service status.                                                    764          

      Teachers employed on limited or continuing contracts in an   766          

entire school district or that part of a school district which     767          

comprises the territory in which a school is situated which is     768          

transferred to any other district or which is merged with other    769          

school territory to create a new school district, shall be         770          

placed, on the effective date of such transfer or merger, on the   771          

salary schedule of the district to which the territory is          772          

transferred or the newly created district, according to their      773          

training and experience.  Such experience shall be the total sum   774          

of the years taught in the district whose territory was            775          

                                                          20     


                                                                 
transferred or merged to create a new district, plus the total     776          

number of years of teaching experience recognized by such          777          

previous district upon its first employment of such teachers.      778          

      The placement of the teachers on the salary schedule,        780          

pursuant to this section, shall not result, however, in the        781          

salary of any teacher being less than his THE TEACHER'S current    782          

annual salary for regular duties, in existence immediately prior   784          

to the merger or transfer.                                         785          

      In making any reduction in the number of teachers under      787          

section 3319.17 of the Revised Code by reason of the transfer or   788          

consolidation of school territory, the years of teaching service   789          

of the teachers employed in the district or schools transferred    790          

to any other district or merged with any school territory to       791          

create a new district, shall be included as a part of the          792          

seniority on which the recommendation of the superintendent of     793          

schools shall be based, under section 3319.17 of the Revised       794          

Code.  Such service shall have been continuous and shall include   795          

years of service in the previous district as well as the years of  796          

continuous service in any district which had been previously       797          

transferred to or consolidated to form such district.  WHEN        798          

SUSPENDING CONTRACTS IN ACCORDANCE WITH AN ADMINISTRATIVE          799          

PERSONNEL SUSPENSION POLICY ADOPTED UNDER SECTION 3319.171 OF THE  800          

REVISED CODE, A BOARD MAY CONSIDER YEARS OF TEACHING SERVICE IN    801          

ITS DECISION IF IT IS A PART OF THE SUSPENSION POLICY.             802          

      Section 2.  That existing sections 3314.10, 3316.07,         804          

3319.02, 3319.14, and 3319.18 of the Revised Code are hereby       805          

repealed.                                                                       

      Section 3.  That Section 50.52.13 of Am. Sub. H.B. 215 of    807          

the 122nd General Assembly be amended to read as follows:          808          

      "Sec. 50.52.13.  (A)(1)  The governing authority of any      811          

community school established under this section may employ                      

teachers and nonteaching employees necessary to carry out its      812          

mission and fulfill its contract.  No employee contract shall      813          

extend beyond June 30, 2003.                                       814          

                                                          21     


                                                                 
      (2)  Except as provided under division (A)(3) of this        816          

subsection, employees hired under this subsection may organize     817          

and collectively bargain pursuant to Chapter 4117. of the Revised  819          

Code.  No agreement under such chapter shall extend beyond June    820          

30, 2003.  Notwithstanding division (D)(1) of section 4117.06 of   821          

the Revised Code, a unit containing teaching and nonteaching                    

employees employed under this subsection shall be considered an    823          

appropriate unit.  As applicable, employment under this            824          

subsection is subject to either Chapter 3307. or 3309. of the      825          

Revised Code.                                                                   

      (3)  If, under this section, the board of education of a     827          

school district sponsors, or permits the establishment of, a       828          

community school that is to be created by converting all or part   830          

of an existing public school into the community school, the                     

employees of the community school shall remain part of any         831          

collective bargaining unit in which they were included             832          

immediately prior to the conversion and shall remain subject to    833          

any collective bargaining agreement for that unit in effect on                  

the first day of July of the year in which the community school    835          

initially begins operation and shall be subject to any subsequent  836          

collective bargaining agreement for that unit, unless a petition                

is certified as sufficient under division (A)(6) of this           837          

subsection with regard to those employees.  Any new employees of   838          

the community school shall also be included in the unit to which   839          

they would have been assigned had not the conversion taken place   840          

and shall be subject to the collective bargaining agreement for    841          

that unit unless a petition is certified as sufficient under       842          

division (A)(6) of this subsection with regard to those                         

employees.                                                         843          

      Notwithstanding division (B) of section 4117.01 of the       845          

Revised Code, the board of education of a school district and not  847          

the governing authority of a community school shall be regarded,   848          

for purposes of Chapter 4117. of the Revised Code, as the "public  850          

employer" of the employees of the community school subject to a                 

                                                          22     


                                                                 
collective bargaining agreement pursuant to division (A)(3) of     852          

this subsection unless a petition is certified under division      853          

(A)(6) of this subsection with regard to those employees.  Only    854          

on and after the effective date of a petition certified as         856          

sufficient under division (A)(6) of this subsection shall          857          

division (A)(2) of this subsection apply to those employees of     859          

that community school and only on and after the effective date of               

that petition shall Chapter 4117. of the Revised Code apply to     861          

the governing authority of that community school with regard to                 

those employees.                                                   862          

      (4)  Notwithstanding sections 4117.03 to 4117.18 of the      864          

Revised Code and Section 4 of Amended Substitute Senate Bill No.   865          

133 of the 115th General Assembly, the employees of a community    867          

school who are subject to a collective bargaining agreement        868          

pursuant to division (A)(3) of this subsection shall cease to be   869          

subject to that agreement and all subsequent agreements pursuant   870          

to that division and shall cease to be part of the collective      871          

bargaining unit that is subject to that and all subsequent         872          

agreements, if a majority of the employees of the community        873          

school who are subject to that collective bargaining agreement     874          

sign and submit to the State Employment Relations Board a                       

petition requesting all of the following:                          875          

      (a)  That all the employees of the community school who are  878          

subject to that agreement be removed from the bargaining unit                   

that is subject to that agreement and be designated by the State   879          

Employment Relations board as a new and separate bargaining unit   880          

for purposes of Chapter 4117. of the Revised Code;                 881          

      (b)  That the employee organization certified as the         883          

exclusive representative of the employees of the bargaining unit   884          

from which the employees are to be removed be certified as the     885          

exclusive representative of the new and separate bargaining unit   886          

for purposes of Chapter 4117. of the Revised Code;                 887          

      (c)  That the governing authority of the community school    890          

be regarded as the "public employer" of these employees for                     

                                                          23     


                                                                 
purposes of Chapter 4117. of the Revised Code.                     891          

      (5)  Notwithstanding sections 4117.03 to 4117.18 of the      893          

Revised Code and Section 4 of Amended Substitute Senate Bill No.   894          

133 of the 115th General Assembly, the employees of a community    896          

school who are subject to a collective bargaining agreement        897          

pursuant to division (A)(3) of this subsection shall cease to be   898          

subject to that agreement and all subsequent agreements pursuant   899          

to that division, shall cease to be part of the collective         900          

bargaining unit that is subject to that and all subsequent         901          

agreements, and shall cease to be represented by any exclusive     902          

representative of that collective bargaining unit, if a majority   903          

of the employees of the community school who are subject to that   904          

collective bargaining agreement sign and submit to the State                    

Employment Relations Board a petition requesting all of the        905          

following:                                                                      

      (a)  That all the employees of the community school who are  908          

subject to that agreement be removed from the bargaining unit                   

that is subject to that agreement;                                 909          

      (b)  That any employee organization certified as the         911          

exclusive representative of the employees of that bargaining unit  912          

be decertified as the exclusive representative of the employees    913          

of the community school who are subject to that agreement;         914          

      (c)  That the governing authority of the community school    916          

be regarded as the "public employer" of these employees for        917          

purposes of Chapter 4117. of the Revised Code.                     919          

      (6)  Upon receipt of a petition under division (A)(4) or     922          

(5) of this subsection, the State Employment Relations Board                    

shall check the sufficiency of the signatures on the petition.     923          

If the signatures are found sufficient, the Board shall certify    924          

the sufficiency of the petition and so notify the parties          925          

involved, including the board of education, the governing          926          

authority of the community school, and any exclusive               927          

representative of the bargaining unit.  The changes requested in                

a certified petition shall take effect on the first day of the     928          

                                                          24     


                                                                 
month immediately following the date on which the sufficiency of   929          

the petition is certified under this division.                     930          

      (B)  The board of education of each city, local, exempted    933          

village, and joint vocational school district in the Lucas County  934          

area, and the governing board of the Lucas County Educational      935          

Service Center shall adopt a policy that provides a leave of       936          

absence of at least two years to each teacher or nonteaching       938          

employee of the district or service center who is employed by a    940          

community school for the period during which the teacher or                     

employee is continuously employed by the community school.  The    941          

policy shall also provide that any teacher or nonteaching          942          

employee may return to employment by the district or service       943          

center if the teacher or employee leaves or is discharged from     944          

employment with the community school for any reason.  Upon                      

termination of such a leave of absence, any seniority that is      945          

applicable to the person shall be calculated to include all of     946          

the following:  all employment by the district or service center   947          

prior to the leave of absence; all employment by the community     948          

school during the leave of absence; and all employment by the      949          

district or service center after the leave of absence.  The        952          

policy shall also provide that if any teacher holding valid        953          

certification returns to employment by the district or service     954          

center upon termination of such a leave of absence, the teacher    955          

shall be restored to the previous position and salary or to a      956          

position and salary similar thereto.  If, as a result of teachers  957          

returning to employment upon termination of such leaves of         958          

absence, a school district or educational service center reduces   959          

the number of teachers it employs, it shall make such reductions   960          

in accordance with section 3319.17 OR, IF APPLICABLE, 3319.171 of  961          

the Revised Code.                                                               

      Unless a collective bargaining agreement providing           964          

otherwise is in effect for an employee of a community school       965          

pursuant to division (A)(3) of this subsection, an employee on a   966          

leave of absence pursuant to this division shall remain eligible   967          

                                                          25     


                                                                 
for any benefits that are in addition to benefits under Chapter    968          

3307. or 3309. of the Revised Code provided by the district or     969          

service center to its employees provided the employee pays the     971          

entire cost associated with such benefits, except that personal    972          

leave and vacation leave cannot be accrued for use as an employee  973          

of a school district or service center while in the employ of a    975          

community school unless the district or service center board                    

adopts a policy expressly permitting this accrual.                 977          

      A school or service center providing a leave of absence and  979          

employee benefits to a person pursuant to this division is not     980          

liable for any action of that person while the person is on such   981          

leave and employed by a community school."                                      

      Section 4.  That existing Section 50.52.13 of Am. Sub. H.B.  983          

215 of the 122nd General Assembly is hereby repealed.              984          

      Section 5.  This act shall become effective the first date   986          

permitted by law.  However, this act shall not apply to an         987          

administrator whose contract expires during the 1999-2000 school   988          

year until the contract of that administrator is renewed or not    989          

renewed during that year.