As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 77 5
1999-2000 6
SENATORS CUPP-SCHAFRATH-KEARNS-MUMPER-PRENTISS-SHOEMAKER-ESPY- 8
REPRESENTATIVES CALLENDER-WINKLER-HARTNETT-SMITH-HOOPS-ROMAN-HARRIS- 9
BRADING-R. MILLER-BARRETT-WILLAMOWSKI-GARDNER-OGG-BENDER- 10
GRENDELL-CORBIN-VERICH-DISTEL-BARNES-A. CORE-STEVENS 11
_________________________________________________________________ 12
A B I L L
To amend sections 3314.10, 3316.07, 3319.02, 14
3319.14, 3319.18, and 5705.412 and to enact 15
section 3319.171 of the Revised Code to make 17
certain changes concerning the termination,
suspension, and evaluation of certain 18
administrative personnel of school districts and 19
educational service centers and to revise the
requirements for school district certificates of 20
available resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3314.10, 3316.07, 3319.02, 23
3319.14, 3319.18, and 5705.412 be amended and section 3319.171 of 24
the Revised Code be enacted to read as follows: 26
Sec. 3314.10. (A)(1) The governing authority of any 36
community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its 37
mission and fulfill its contract. 38
(2) Except as provided under division (A)(3) of this 40
section, employees hired under this section may organize and 42
collectively bargain pursuant to Chapter 4117. of the Revised 43
Code. Notwithstanding division (D)(1) of section 4117.06 of the 44
Revised Code, a unit containing teaching and nonteaching 45
employees employed under this section shall be considered an 46
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appropriate unit. As applicable, employment under this section 47
is subject to either Chapter 3307. or 3309. of the Revised Code. 48
(3) If a school is created by converting all or part of an 50
existing public school rather than by establishment of a new 51
start-up school, at the time of conversion, the employees of the 54
community school shall remain part of any collective bargaining
unit in which they were included immediately prior to the 55
conversion and shall remain subject to any collective bargaining 56
agreement for that unit in effect on the first day of July of the 57
year in which the community school initially begins operation and 58
shall be subject to any subsequent collective bargaining 59
agreement for that unit, unless a petition is certified as 60
sufficient under division (A)(6) of this section with regard to 61
those employees. Any new employees of the community school shall 62
also be included in the unit to which they would have been 63
assigned had not the conversion taken place and shall be subject
to the collective bargaining agreement for that unit unless a 64
petition is certified as sufficient under division (A)(6) of this 65
section with regard to those employees. 66
Notwithstanding division (B) of section 4117.01 of the 68
Revised Code, the board of education of a school district and not 70
the governing authority of a community school shall be regarded, 71
for purposes of Chapter 4117. of the Revised Code, as the "public 72
employer" of the employees of a conversion community school 73
subject to a collective bargaining agreement pursuant to division 74
(A)(3) of this section unless a petition is certified under 75
division (A)(6) of this section with regard to those employees. 76
Only on and after the effective date of a petition certified as 77
sufficient under division (A)(6) of this section shall division 78
(A)(2) of this section apply to those employees of that community 79
school and only on and after the effective date of that petition 80
shall Chapter 4117. of the Revised Code apply to the governing 81
authority of that community school with regard to those
employees. 82
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(4) Notwithstanding sections 4117.03 to 4117.18 of the 84
Revised Code and Section 4 of Amended Substitute Senate Bill No. 85
133 of the 115th general assembly, the employees of a conversion 86
community school who are subject to a collective bargaining 87
agreement pursuant to division (A)(3) of this section shall cease 88
to be subject to that agreement and all subsequent agreements 89
pursuant to that division and shall cease to be part of the 90
collective bargaining unit that is subject to that and all 91
subsequent agreements, if a majority of the employees of that 92
community school who are subject to that collective bargaining 93
agreement sign and submit to the state employment relations board
a petition requesting all of the following: 95
(a) That all the employees of the community school who are 98
subject to that agreement be removed from the bargaining unit
that is subject to that agreement and be designated by the state 99
employment relations board as a new and separate bargaining unit 100
for purposes of Chapter 4117. of the Revised Code; 102
(b) That the employee organization certified as the 104
exclusive representative of the employees of the bargaining unit 105
from which the employees are to be removed be certified as the 106
exclusive representative of the new and separate bargaining unit 108
for purposes of Chapter 4117. of the Revised Code; 109
(c) That the governing authority of the community school 112
be regarded as the "public employer" of these employees for
purposes of Chapter 4117. of the Revised Code. 113
(5) Notwithstanding sections 4117.03 to 4117.18 of the 115
Revised Code and Section 4 of Amended Substitute Senate Bill No. 117
133 of the 115th general assembly, the employees of a conversion
community school who are subject to a collective bargaining 119
agreement pursuant to division (A)(3) of this section shall cease 120
to be subject to that agreement and all subsequent agreements 121
pursuant to that division, shall cease to be part of the 122
collective bargaining unit that is subject to that and all 123
subsequent agreements, and shall cease to be represented by any 124
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exclusive representative of that collective bargaining unit, if a 125
majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the 126
state employment relations board a petition requesting all of the 127
following:
(a) That all the employees of the community school who are 130
subject to that agreement be removed from the bargaining unit
that is subject to that agreement; 131
(b) That any employee organization certified as the 133
exclusive representative of the employees of that bargaining unit 134
be decertified as the exclusive representative of the employees 135
of the community school who are subject to that agreement; 136
(c) That the governing authority of the community school 138
be regarded as the "public employer" of these employees for 139
purposes of Chapter 4117. of the Revised Code. 140
(6) Upon receipt of a petition under division (A)(4) or 142
(5) of this section, the state employment relations board shall 143
check the sufficiency of the signatures on the petition. If the 145
signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved, 146
including the board of education, the governing authority of the 147
community school, and any exclusive representative of the 148
bargaining unit. The changes requested in a certified petition 149
shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is 150
certified under division (A)(6) of this section. 151
(B)(1) The board of education of each city, local, and 153
exempted village school district sponsoring a community school 154
and the governing board of each educational service center in 156
which a community school is located shall adopt a policy that 157
provides a leave of absence of at least three years to each 158
teacher or nonteaching employee of the district or service center 159
who is employed by a conversion or new start-up community school 160
sponsored by the district or located in the district or center 161
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for the period during which the teacher or employee is 162
continuously employed by the community school. The policy shall 163
also provide that any teacher or nonteaching employee may return 164
to employment by the district or service center if the teacher or 165
employee leaves or is discharged from employment with the 166
community school for any reason, unless, in the case of a 167
teacher, the board of the district or service center determines 168
that the teacher was discharged for a reason for which the board 169
would have sought to discharge the teacher under section 3319.16
of the Revised Code, in which case the board may proceed to 170
discharge the teacher utilizing the procedures of that section. 171
Upon termination of such a leave of absence, any seniority that 172
is applicable to the person shall be calculated to include all of 173
the following: all employment by the district or service center 174
prior to the leave of absence; all employment by the community 175
school during the leave of absence; and all employment by the 176
district or service center after the leave of absence. The 177
policy shall also provide that if any teacher holding valid 178
certification returns to employment by the district or service 179
center upon termination of such a leave of absence, the teacher 180
shall be restored to the previous position and salary or to a 181
position and salary similar thereto. If, as a result of teachers 182
returning to employment upon termination of such leaves of 183
absence, a school district or educational service center reduces 184
the number of teachers it employs, it shall make such reductions 185
in accordance with section 3319.17 OR, IF APPLICABLE, 3319.171 of 186
the Revised Code.
Unless a collective bargaining agreement providing 188
otherwise is in effect for an employee of a conversion community 189
school pursuant to division (A)(3) of this section, an employee 190
on a leave of absence pursuant to this division shall remain 191
eligible for any benefits that are in addition to benefits under 192
Chapter 3307. or 3309. of the Revised Code provided by the 193
district or service center to its employees provided the employee 194
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pays the entire cost associated with such benefits, except that 195
personal leave and vacation leave cannot be accrued for use as an 196
employee of a school district or service center while in the 197
employ of a community school unless the district or service 198
center board adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division 200
(B)(1) of this section, a conversion community school shall 201
permit a teacher to use sick leave accrued while in the employ of 202
the school district from which the leave of absence was taken and 203
prior to commencing such leave. If a teacher who is on such a 204
leave of absence uses sick leave so accrued, the cost of any
salary paid by the community school to the teacher for that time 206
shall be reported to the department of education. The cost of 207
employing a substitute teacher for that time shall be paid by the 208
community school. The department of education shall add amounts 209
to the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community 210
school as paid to a teacher using sick leave so accrued pursuant 211
to this section. The department shall subtract the amounts of 212
any payments made to community schools under this division from 213
payments made to such sponsoring school district under Chapter 214
3317. of the Revised Code.
A school district providing a leave of absence and employee 216
benefits to a person pursuant to this division is not liable for 217
any action of that person while the person is on such leave and 218
employed by a community school.
Sec. 3316.07. (A) A school district financial planning 227
and supervision commission has the following powers, duties, and 228
functions:
(1) To review or to assume responsibility for the 230
development of all tax budgets, tax levy and bond and note 232
resolutions, appropriation measures, and certificates of
estimated resources of the school district in order to ensure 233
that such are consistent with the financial recovery plan and a 234
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balanced appropriation budget for the current fiscal year, and to 235
request and review any supporting information upon which the 236
financial recovery plan and balanced appropriation budget may be 237
developed and based, and to determine whether revenue estimates 238
and estimates of expenditures and appropriations will result in a 239
balanced budget;
(2) To inspect and secure copies of any document, 241
resolution, or instrument pertaining to the effective financial 243
accounting and reporting system, debt obligations, debt limits, 244
financial recovery plan, balanced appropriation budgets,
appropriation measures, report of audit, statement or invoice, or 245
other worksheet or record of the school district; 246
(3) To inspect and secure copies of any document, 248
instrument, certification, records of proceedings, or other 249
worksheet or records of the county budget commission, county 251
auditor, or other official or employee of the school district or
of any other political subdivision or agency of government of the 252
state;
(4) To review, revise, and approve determinations and 254
certifications affecting the school district made by the county 255
budget commission or county auditor pursuant to Chapter 5705. of 256
the Revised Code to ensure that such determinations and 257
certifications are consistent with the laws of the state; 258
(5) To bring civil actions, including mandamus, to enforce 260
this chapter; 261
(6) After consultation with the officials of the school 263
district and the auditor of state, to implement or require 264
implementation of any necessary or appropriate steps to bring the 266
books of account, accounting systems, and financial procedures 267
and reports of the school district into compliance with
requirements prescribed by the auditor of state, and to assume 268
responsibility for achieving such compliance and for making any 269
desirable modifications and supplementary systems and procedures 270
pertinent to the school district;
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(7) To assist or provide assistance to the school district 272
or to assume the total responsibility for the structuring or the 273
terms of, and the placement for sale of, debt obligations of the 274
school district;
(8) To perform all other powers, duties, and functions as 276
provided under this chapter; 277
(9) To make and enter into all contracts and agreements 279
necessary or incidental to the performance of its duties and the 280
exercise of its powers under this chapter; 281
(10) To consult with officials of the school district and 283
make recommendations or assume the responsibility for 284
implementing cost reductions and revenue increases to achieve 285
balanced budgets and carry out the financial recovery plan in 286
accordance with this chapter;
(11) To make reductions in force to bring the school 288
district's budget into balance, notwithstanding section 3319.081 289
and divisions (A) and (B) of section 3319.17 of the Revised Code, 290
NOTWITHSTANDING ANY PROVISION OF A POLICY ADOPTED UNDER SECTION 291
3319.171 OF THE REVISED CODE, and notwithstanding any provision 292
to the contrary in section 4117.08 or 4117.10 of the Revised Code 293
or in any collective bargaining agreement entered into on or 295
after the effective date of this section NOVEMBER 21, 1997. 296
In making reductions in force, the commission shall first 298
consider reasonable reductions among the administrative and 299
non-teaching employees of the school district giving due regard 300
to ensuring the district's ability to maintain the personnel, 301
programs, and services essential to the provision of an adequate 302
educational program.
In making these reductions in non-teaching employees in 304
districts where Chapter 124. of the Revised Code controls such 306
reductions, the reductions shall be made in accordance with
sections 124.321 to 124.327 of the Revised Code. In making these 308
reductions in non-teaching employees in districts where Chapter 310
124. of the Revised Code does not control these reductions, 312
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within each category of non-teaching employees, the commission 313
shall give preference to those employees with continuing 314
contracts or non-probationary status and who have greater
seniority. 315
If revenues and expenditures cannot be balanced by 317
reasonable reductions in administrative and non-teaching 318
employees, the commission may also make reasonable reductions in 319
the number of teaching contracts. If the commission finds it 320
necessary to suspend teaching contracts, it shall suspend them in
accordance with division (C) of section 3319.17 of the Revised 322
Code but shall consider a reduction in non-classroom teachers 324
before classroom teachers.
(B) During the fiscal emergency period, the commission 326
shall, in addition to other powers: 327
(1) With respect to the appropriation measure in effect at 329
the commencement of the fiscal emergency period of the school 331
district if that period commenced more than three months prior to 333
the end of the current fiscal year, and otherwise with respect to 334
the appropriation measure for the next fiscal year:
(a) Review and determine the adequacy of all revenues to 336
meet all expenditures for such fiscal year; 337
(b) Review and determine the extent of any deficiency of 339
revenues to meet such expenditures; 340
(c) Require the school district board or superintendent to 342
provide justification documents to substantiate, to the extent 344
and in the manner considered necessary, any item of revenue or 345
appropriation;
(d) Not later than sixty days after taking office or after 347
receiving the appropriation measure for the next fiscal year, 348
issue a public report regarding its review pursuant to division 349
(B)(1) of this section. 350
(2) Require the school district board, by resolution, to 352
establish monthly levels of expenditures and encumbrances 353
consistent with the financial recovery plan and the commission's 354
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review pursuant to divisions (B)(1)(a) and (b) of this section, 355
or establish such levels itself. If the commission permits the 357
district board to make expenditures, the commission shall monitor 358
the monthly levels of expenditures and encumbrances and require 359
justification documents to substantiate any departure from any 360
approved level. No district board shall make any expenditure 361
apart from the approved level without the written approval of the
commission. 362
(C) In making any determination pursuant to division (B) 364
of this section, the commission may rely on any information 366
considered in its judgment reliable or material and shall not be 367
restricted by any tax budget or certificate or any other document 368
the school district may have adopted or received from any other 369
governmental agency.
(D) County, state, and school district officers or 371
employees shall assist the commission diligently and promptly in 373
the prosecution of its duties, including the furnishing of any 374
materials, including justification documents, required. 375
(E) Annually on or before the first day of April during 377
the fiscal emergency period, the commission shall make reports 378
and recommendations to the speaker of the house of 379
representatives and the president of the senate concerning 380
progress of the school district to eliminate fiscal emergency 381
conditions, failures of the school district to comply with this 382
chapter, and recommendations for further actions to attain the 383
objectives of this chapter, including any legislative action 384
needed to make provisions of law more effective for their 385
purposes, or to enhance revenue raising or financing capabilities 386
of school districts. The commission may make such interim 387
reports as it considers appropriate for such purposes and shall 388
make such additional reports as may be requested by either house 389
of the general assembly. 390
Sec. 3319.02. (A)(1) As used in this section, "other 399
administrator" means either of the following: 400
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(a) Except as provided in division (A)(2) of this section, 402
any employee in a position for which a board of education 404
requires a license designated by rule of the department of
education for being an administrator issued under section 3319.22 406
of the Revised Code, including a professional pupil services 407
employee or administrative specialist or an equivalent of either 408
one who is not employed as a school counselor and spends less 409
than fifty per cent of the time employed teaching or working with 410
students;
(b) Any nonlicensed employee whose job duties enable such 413
employee to be considered as either a "supervisor" or a 414
"management level employee," as defined in section 4117.01 of the 415
Revised Code.
(2) As used in this section, "other administrator" does 417
not include a superintendent, assistant superintendent, 418
principal, or assistant principal.
(B) The board of education of each school district and the 420
governing board of an educational service center may appoint one 422
or more assistant superintendents and such other administrators 423
as are necessary. An assistant educational service center 424
superintendent or service center supervisor employed on a 425
part-time basis may also be employed by a local board as a 426
teacher. The board of each city, exempted village, and local 427
school district shall employ principals for all high schools and 428
for such other schools as the board designates, and those boards 429
may appoint assistant principals for any school that they 430
designate.
(C) In educational service centers and in city and 432
exempted village school districts, assistant superintendents, 434
principals, assistant principals, and other administrators shall 435
only be employed or reemployed in accordance with nominations of 436
the superintendent, except that a city or exempted village board 437
of education or the governing board of a service center, by a 438
three-fourths vote OF ITS FULL MEMBERSHIP, may reemploy any 439
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assistant superintendent, principal, assistant principal, or 440
other administrator whom the superintendent refuses to nominate 441
after considering two nominees for the position. In local school 442
districts, assistant superintendents, principals, assistant 443
principals, and other administrators shall only be employed or 444
reemployed in accordance with nominations of the superintendent 445
of the service center of which the local district is a part, 447
except that a local board of education, by a majority
THREE-FOURTHS vote OF ITS FULL MEMBERSHIP, may reemploy any 449
assistant superintendent, principal, assistant principal, or 451
other administrator whom such superintendent refuses to nominate 452
after considering two nominees for the position. 453
The board of education or governing board shall execute a 455
written contract of employment with each assistant 457
superintendent, principal, assistant principal, and other 458
administrator it employs or reemploys. The term of such contract 459
shall not exceed three years except that in the case of a person 460
who has been employed as an assistant superintendent, principal, 461
assistant principal, or other administrator in the district or 462
center for three years or more, the term of the contract shall be 463
for not more than five years and, unless the superintendent of 464
the district recommends otherwise, not less than two years. If 465
the superintendent so recommends, the term of the contract of a 466
person who has been employed by the district or service center as 467
an assistant superintendent, principal, assistant principal, or 469
other administrator for three years or more may be one year, but 470
all subsequent contracts granted such person shall be for a term 471
of not less than two years and not more than five years. When a 472
teacher with continuing service status becomes an assistant 473
superintendent, principal, assistant principal, or other 474
administrator with the district or service center with which the 475
teacher holds continuing service status, the teacher retains such 477
status in the teacher's nonadministrative position as provided in 479
sections 3319.08 and 3319.09 of the Revised Code.
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A board of education or governing board may reemploy an 481
assistant superintendent, principal, assistant principal, or 482
other administrator at any regular or special meeting held during 483
the period beginning on the first day of January of the calendar 484
year immediately preceding the year of expiration of the 485
employment contract and ending on the last day of March of the 486
year the employment contract expires. 487
Except by mutual agreement of the parties thereto, no 489
assistant superintendent, principal, assistant principal, or 490
other administrator shall be transferred during the life of a 492
contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except pursuant to section 494
3319.16 or 3319.17 of the Revised Code. NO CONTRACT MAY BE 495
SUSPENDED EXCEPT PURSUANT TO SECTION 3319.17 OR 3319.171 OF THE 496
REVISED CODE. The salaries and compensation prescribed by such 497
contracts shall not be reduced by a board unless such reduction 498
is a part of a uniform plan affecting the entire district or 499
center. The contract shall specify the employee's administrative 500
position and duties AS INCLUDED IN THE JOB DESCRIPTION ADOPTED 501
UNDER DIVISION (D) OF THIS SECTION, the salary and other 502
compensation to be paid for performance of duties, the number of 504
days to be worked, the number of days of vacation leave, if any, 505
and any paid holidays in the contractual year. 506
An assistant superintendent, principal, assistant 508
principal, or other administrator is, at the expiration of the 510
current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board, unless 512
such employee notifies the board in writing to the contrary on or 513
before the first day of June, or unless such board, on or before 514
the last day of March of the year in which the contract of 515
employment expires, either reemploys such employee for a 516
succeeding term or gives written notice of its intention not to 518
reemploy the employee. The term of reemployment of a person 519
reemployed under this paragraph shall be one year, except that if 520
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such person has been employed by the school district or service 521
center as an assistant superintendent, principal, assistant 522
principal, or other administrator for three years or more, the 523
term of reemployment shall be two years. 524
(D)(1) Each board shall adopt procedures for the 526
evaluation of all assistant superintendents, principals, 527
assistant principals, and other administrators and shall evaluate 528
such employees in accordance with those procedures. The 529
evaluation based upon such procedures shall be considered by the 530
board in deciding whether to renew the contract of employment of 532
an assistant superintendent, principal, assistant principal, or 533
other administrator. 534
(2) The evaluation shall measure each assistant 536
superintendent's, principal's, assistant principal's, and other 537
administrator's effectiveness in performing the duties included 538
in the job description and the evaluation procedures shall 539
provide for, but not be limited to, the following: 540
(1)(a) Each assistant superintendent, principal, assistant 542
principal, and other administrator shall be evaluated annually 543
through a written evaluation process. 544
(2)(b) The evaluation shall be conducted by the 546
superintendent or designee. 547
(3)(c) In order to provide time to show progress in 549
correcting the deficiencies identified in the evaluation process, 551
the completed evaluation PROCESS shall be received by COMPLETED 553
AS FOLLOWS: 554
(i) IN ANY SCHOOL YEAR THAT THE EMPLOYEE'S CONTRACT OF 556
EMPLOYMENT IS NOT DUE TO EXPIRE, AT LEAST ONE EVALUATION SHALL BE 557
COMPLETED IN THAT YEAR. A WRITTEN COPY OF THE EVALUATION SHALL 559
BE PROVIDED TO THE EMPLOYEE NO LATER THAN THE END OF THE 560
EMPLOYEE'S CONTRACT YEAR AS DEFINED BY THE EMPLOYEE'S ANNUAL 561
SALARY NOTICE.
(ii) IN ANY SCHOOL YEAR THAT THE EMPLOYEE'S CONTRACT OF 563
EMPLOYMENT IS DUE TO EXPIRE, AT LEAST A PRELIMINARY EVALUATION 564
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AND AT LEAST A FINAL EVALUATION SHALL BE COMPLETED IN THAT YEAR. 565
A WRITTEN COPY OF THE PRELIMINARY EVALUATION SHALL BE PROVIDED TO 568
the employee at least sixty days prior to any action by the board 569
on the employee's contract of employment. THE FINAL EVALUATION 571
SHALL INDICATE THE SUPERINTENDENT'S INTENDED RECOMMENDATION TO 573
THE BOARD REGARDING A CONTRACT OF EMPLOYMENT FOR THE EMPLOYEE. A 574
WRITTEN COPY OF THE EVALUATION SHALL BE PROVIDED TO THE EMPLOYEE 575
AT LEAST FIVE DAYS PRIOR TO THE BOARD'S ACTING TO RENEW OR NOT 576
RENEW THE CONTRACT.
(3) Termination or suspension of an assistant 578
superintendent, principal, assistant principal, or other 579
administrator's contract shall be pursuant to section 3319.16 or 580
3319.17 of the Revised Code. SUSPENSION OF ANY SUCH EMPLOYEE 581
SHALL BE PURSUANT TO SECTION 3319.17 OR 3319.171 OF THE REVISED 582
CODE.
The establishment of an evaluation procedure shall not 584
create an expectancy of continued employment. Nothing in this 585
section shall prevent a board from making the final determination 587
regarding the renewal of or failure to renew the contract of any 588
assistant superintendent, principal, assistant principal, or 589
other administrator.
(4) Before taking action to renew or nonrenew the contract 591
of an assistant superintendent, principal, assistant principal, 592
or other administrator under this section and prior to the last 593
day of March of the year in which such employee's contract 594
expires, the board shall notify each such employee of the date 596
that the contract expires and that the employee may request a
meeting with the board. Upon request by such an employee, the 597
board shall grant the employee a meeting in executive session to. 598
IN THAT MEETING, THE BOARD SHALL discuss the ITS reasons for 600
considering renewal or nonrenewal of the contract. THE EMPLOYEE 602
SHALL BE PERMITTED TO HAVE A REPRESENTATIVE, CHOSEN BY THE 603
EMPLOYEE, PRESENT AT THE MEETING.
(5) THE ESTABLISHMENT OF AN EVALUATION PROCEDURE SHALL NOT 605
16
CREATE AN EXPECTANCY OF CONTINUED EMPLOYMENT. NOTHING IN 606
DIVISION (D) OF THIS SECTION SHALL PREVENT A BOARD FROM MAKING 609
THE FINAL DETERMINATION REGARDING THE RENEWAL OR NONRENEWAL OF
THE CONTRACT OF ANY ASSISTANT SUPERINTENDENT, PRINCIPAL, 611
ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR. HOWEVER, IF A BOARD 612
FAILS TO PROVIDE EVALUATIONS PURSUANT TO DIVISION (D)(2)(c)(i) OR 613
(ii) OF THIS SECTION, OR IF THE BOARD FAILS TO PROVIDE AT THE 616
REQUEST OF THE EMPLOYEE A MEETING AS PRESCRIBED IN DIVISION 617
(D)(4) OF THIS SECTION, THE EMPLOYEE AUTOMATICALLY SHALL BE 618
REEMPLOYED AT THE SAME SALARY PLUS ANY INCREMENTS THAT MAY BE 619
AUTHORIZED BY THE BOARD FOR A PERIOD OF ONE YEAR, EXCEPT THAT IF 620
THE EMPLOYEE HAS BEEN EMPLOYED BY THE DISTRICT OR SERVICE CENTER 621
AS AN ASSISTANT SUPERINTENDENT, PRINCIPAL, ASSISTANT PRINCIPAL, 622
OR OTHER ADMINISTRATOR FOR THREE YEARS OR MORE, THE PERIOD OF 624
REEMPLOYMENT SHALL BE FOR TWO YEARS.
(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
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
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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.
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
18
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 DEVELOPED BY 730
THE BOARD OF A DISTRICT OR SERVICE CENTER WITH INPUT FROM THE 731
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
19
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
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
20
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
Sec. 5705.412. (A) AS USED IN THIS SECTION, "QUALIFYING 813
CONTRACT" MEANS ANY AGREEMENT FOR THE EXPENDITURE OF MONEY UNDER 814
WHICH AGGREGATE PAYMENTS FROM THE FUNDS INCLUDED IN THE SCHOOL 816
DISTRICT'S FIVE-YEAR FORECAST UNDER SECTION 5705.391 OF THE 817
REVISED CODE WILL EXCEED THE LESSER OF THE FOLLOWING AMOUNTS:
(1) FIVE HUNDRED THOUSAND DOLLARS; 819
(2) ONE PER CENT OF THE TOTAL REVENUE TO BE CREDITED IN 822
THE CURRENT FISCAL YEAR TO THE DISTRICT'S GENERAL FUND, AS 824
SPECIFIED IN THE DISTRICT'S MOST RECENT CERTIFICATE OF ESTIMATED
RESOURCES CERTIFIED UNDER SECTION 5705.36 OF THE REVISED CODE. 826
(B) Notwithstanding section 5705.41 of the Revised Code, 829
no school district shall adopt any appropriation measure, make 830
any QUALIFYING contract, give any order involving the expenditure 831
of money, or increase during any school year any wage or salary 832
schedule unless there is attached thereto a certificate, signed 833
21
AS REQUIRED by the treasurer and president of the board of
education and the superintendent THIS SECTION, that the school 835
district has in effect for the remainder of the fiscal year and 836
the succeeding fiscal year the authorization to levy taxes 837
including the renewal or replacement of existing levies which, 838
when combined with the estimated revenue from all other sources 839
available to the district at the time of certification, are 840
sufficient to provide the operating revenues necessary to enable 841
the district to maintain all personnel, AND programs, and 842
services essential to the provision of an adequate educational 844
program for all the days set forth in its adopted school 845
calendars for the current fiscal year and for a number of days in 846
the succeeding fiscal year YEARS equal to the number of days 848
instruction was held or is scheduled for the current fiscal year. 849
However, a, AS FOLLOWS:
(1) A certificate attached to an appropriation measure 852
under this section shall cover only the fiscal year in which the 853
appropriation measure is effective and shall not consider the 854
renewal or replacement of an existing levy as the authority to 855
levy taxes that are subject to appropriation in the current 856
fiscal year unless the renewal or replacement levy has been 857
approved by the electors and is subject to appropriation in the 858
current fiscal year. In addition, a
(2) A certificate attached, in accordance with this 861
section, to any QUALIFYING contract shall cover the term of the 862
contract or the current fiscal year plus the two immediately 864
succeeding fiscal years, whichever period of years is greater. 865
If 866
(3) A CERTIFICATE ATTACHED UNDER THIS SECTION TO A WAGE OR 868
SALARY SCHEDULE SHALL COVER THE TERM OF THE SCHEDULE. 869
IF the board of education has not adopted a school calendar 872
for the school year beginning on the first day of the fiscal year 873
in which a certificate is required, the certificate attached to 874
an appropriation measure shall include the number of days on 875
22
which instruction was held in the preceding fiscal year and other 876
certificates required under this section shall include that 877
number of days for the fiscal year in which the certificate is 878
required and the ANY succeeding fiscal year YEARS THAT THE 879
CERTIFICATE MUST COVER. Every 880
THE CERTIFICATE SHALL BE SIGNED BY THE TREASURER AND 882
PRESIDENT OF THE BOARD OF EDUCATION AND THE SUPERINTENDENT OF THE 883
SCHOOL DISTRICT, UNLESS THE DISTRICT IS IN A STATE OF FISCAL 884
EMERGENCY DECLARED UNDER CHAPTER 3316. OF THE REVISED CODE. IN 885
THAT CASE, THE CERTIFICATE SHALL BE SIGNED BY A MEMBER OF THE
DISTRICT'S FINANCIAL PLANNING AND SUPERVISION COMMISSION WHO IS 886
DESIGNATED BY THE COMMISSION FOR THIS PURPOSE. 887
(C) EVERY QUALIFYING contract made, order given, or WAGE 890
OR SALARY schedule adopted or put into effect without such a 891
certificate shall be void, and no payment of any amount due 892
thereon shall be made. The
(D) THE department of education and the auditor of state 895
jointly shall develop ADOPT rules governing the methods by which 896
treasurers, presidents of boards of education, and 897
superintendents, AND MEMBERS OF FINANCIAL PLANNING AND 898
SUPERVISION COMMISSIONS shall estimate revenue and determine 899
whether such revenue is sufficient to provide necessary operating 900
revenue for the purpose of making certifications required by this 902
section.
(E) The auditor of state shall be responsible for 905
determining whether school districts are in compliance with this 906
section. At the time a school district is audited pursuant to 908
section 117.11 of the Revised Code, the auditor of state shall
review each certificate issued under this section since the 910
district's last audit, and the appropriation measure, contract, 911
order, or wage and salary schedule to which such certificate was 913
attached. This provision shall not preclude any court from 914
making a determination regarding compliance with this section. 915
If noncompliance is determined, the provisions of section 117.28 916
23
of the Revised Code shall have effect IF THE AUDITOR OF STATE 917
DETERMINES THAT A SCHOOL DISTRICT HAS NOT COMPLIED WITH THIS 918
SECTION WITH RESPECT TO ANY QUALIFYING CONTRACT OR WAGE OR SALARY 919
SCHEDULE, THE AUDITOR OF STATE SHALL NOTIFY THE PROSECUTING 920
ATTORNEY FOR THE COUNTY, THE CITY DIRECTOR OF LAW, OR OTHER CHIEF 921
LAW OFFICER OF THE SCHOOL DISTRICT. THAT OFFICER MAY FILE A 922
CIVIL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION TO SEEK A 923
DECLARATION THAT THE CONTRACT OR WAGE OR SALARY SCHEDULE IS VOID, 924
TO RECOVER FOR THE SCHOOL DISTRICT FROM THE PAYEE THE AMOUNT OF 925
PAYMENTS ALREADY MADE UNDER IT, OR BOTH, EXCEPT THAT THE OFFICER
SHALL NOT SEEK TO RECOVER PAYMENTS MADE UNDER ANY COLLECTIVE 926
BARGAINING AGREEMENT ENTERED INTO UNDER CHAPTER 4117. OF THE 927
REVISED CODE. IF THE OFFICER DOES NOT FILE SUCH AN ACTION WITHIN 930
ONE HUNDRED TWENTY DAYS AFTER RECEIVING NOTICE OF NONCOMPLIANCE 931
FROM THE AUDITOR OF STATE, ANY TAXPAYER MAY INSTITUTE THE ACTION
IN THE TAXPAYER'S OWN NAME ON BEHALF OF THE SCHOOL DISTRICT. 932
(F) This section does not apply to any contract, order, or 934
increase in any wage or salary schedule that is necessary in 935
order to enable a board of education to comply with division (B) 936
of section 3317.13 of the Revised Code, provided the contract, 937
order, or increase does not exceed the amount required to be paid 938
to be in compliance with such division. 939
(G) Any officer, employee, or other person who knowingly 941
expends or authorizes the expenditure of any public funds or 942
knowingly authorizes or executes any contract, order, or schedule 944
contrary to this section, knowingly expends or authorizes the 945
expenditure of any public funds on the void contract, order, or 946
schedule, or knowingly issues a certificate under this section 947
which contains any false statements is liable to the school 948
district for the full amount paid from the district's funds on 949
the contract, order, or schedule. The officer, employee, or 950
other person is jointly and severally liable in person and upon 951
any official bond that the officer, employee, or other person has 953
given to the school district to the extent of any payments on the 954
24
void claim, not to exceed twenty TEN thousand dollars. However, 956
no officer, employee, or other person shall be liable for a 957
mistaken estimate of available resources made in good faith and 958
based upon reasonable grounds. If an officer, employee, or other 959
person is found to have complied with rules JOINTLY adopted by 960
the department of education AND THE AUDITOR OF STATE under this 961
section governing methods by which revenue shall be estimated and 962
determined sufficient to provide necessary operating revenue for 963
the purpose of making certifications required by this section, 964
the officer, employee, or other person shall not be liable under 965
this section if the estimates and determinations made according 966
to those rules do not, in fact, conform with actual revenue. The 968
prosecuting attorney of the county, the city director of law, or 969
other chief law officer of the district shall enforce this 970
liability by civil action brought in any court of appropriate 971
jurisdiction in the name of and on behalf of the school district. 972
If the prosecuting attorney, city director of law, or other chief 973
law officer of the district fails, upon the written request of 974
any taxpayer, to institute action for the enforcement of the 975
liability, THE ATTORNEY GENERAL, OR the taxpayer may institute 976
the action in the taxpayer's own name in, MAY INSTITUTE THE 977
ACTION ON behalf of the subdivision. 978
(H) This section does not require the attachment of an 980
additional certificate beyond that required by section 5705.41 of 981
the Revised Code for any purchase order, for current payrolls of, 982
or contracts of employment with, regular employees or officers. 983
This section does not require the attachment of a 985
certificate to a temporary appropriation measure if all of the 986
following apply: 987
(A)(1) The amount appropriated does not exceed twenty-five 989
per cent of the total amount from all sources available for 990
expenditure from any fund during the preceding fiscal year; 991
(B)(2) The measure will not be in effect on or after the 993
thirtieth day following the earliest date on which the district 994
25
may pass an annual appropriation measure; 995
(C)(3) An amended official certificate of estimated 997
resources for the current year, if required, has not been 998
certified to the board of education under division (B) of section 999
5705.36 of the Revised Code. 1,000
Section 2. That existing sections 3314.10, 3316.07, 1,002
3319.02, 3319.14, 3319.18, and 5705.412 of the Revised Code are 1,003
hereby repealed.
Section 3. The provisions of sections 3314.10, 3316.07, 1,005
3319.02, 3319.14, 3319.171, and 3319.18 of the Revised Code, as 1,006
amended or enacted by this act, shall apply to the provision of 1,007
evaluations of all assistant superintendents, principals, 1,008
assistant principals, and other administrators beginning with the 1,009
2000-2001 school year regardless of the date their contracts were 1,010
executed. However, the provisions of those sections, as amended 1,011
or enacted by this act, shall not affect any terms or conditions 1,012
of any employment contracts executed prior to the effective date 1,013
of this act. The provisions of those sections, as amended or 1,014
enacted by this act, also shall not be construed so as to create 1,015
any rights or remedies for any assistant superintendent, 1,016
principal, assistant principal, and other administrator for 1,017
failure of a school district to evaluate such person under the 1,018
provisions of those sections, as amended or enacted by this act,
for any contract years prior to the 2000-2001 school year. 1,020
Section 4. Three years after the effective date of this 1,022
section, the Auditor of State shall submit to the General 1,023
Assembly a report that does all of the following: 1,024
(A) Enumerates and describes the citations that the 1,026
Auditor of State issued during that three-year period to school 1,027
districts for noncompliance with section 5705.412 of the Revised 1,028
Code;
(B) Describes any fiscal, procedural, or other problems 1,030
that the Auditor of State determines to have resulted from this 1,032
act's exclusion of agreements that are not "qualifying contracts" 1,033
26
from the purview of that section;
(C) Recommends any future legislative changes in the 1,035
policies contained in that section that the Auditor of State 1,036
considers necessary or otherwise beneficial. 1,037