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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
      (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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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;                                               

                                                          8      


                                                                 
      (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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
      (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          

                                                          12     


                                                                 
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.                               

                                                          13     


                                                                 
      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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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          

                                                          17     


                                                                 
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