REPRESENTATIVES Callender, Setzer, Hoops

To amend sections 3301.02 and 3301.80 of the Revised

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Code to abolish the requirement that the State

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Board of Education be dissolved and recreated

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following the creation of new State Board of

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Education districts, to specify that members of the

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Board as of the time new districts are created

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shall represent their assigned districts for the

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term for which they were originally elected, to

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provide that the Ohio SchoolNet Commission voting

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members appointed by the Speaker of the House of

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Representatives and the President of the Senate

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serve two-year terms subject to removal at anytime

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by their respective appointing authorities, and to

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declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3301.02 and 3301.80 of the Revised	15
Code be amended to read as follows:	16

Sec. 3301.02.  (A) Elected voting members of the state board	17
of education as of the date of a change in district boundaries	18
pursuant to legislation enacted by the general assembly or	19
division (B)(2) of section 3301.01 of the Revised Code shall	20
continue in office until their successors are elected and	21
qualified for office, at which time the board whose successors	22
have been so qualified shall be dissolved. At the first regular	23
state election that occurs after a change in the boundaries of	24
state board of education districts, in conformity with the general	25
election laws of this state, one board member shall be elected	26
from each state board of education district for a term of office	27
beginning the first day of January immediately following such	28
election. The term of office of each elected member shall be	29
determined by lot at the initial organization meeting of the	30
board. The elected members shall by lot select six elected	31
members, each of whom shall serve for a term of four years or	32
until a successor is elected and qualified, and the remaining	33
elected members shall each serve for a term of two years or until	34
a successor is elected and qualified.	35

(B) At each subsequent regular state election, in conformity	36
with the general election laws of this state, the elected members	37
shall be elected as required by expiration of respective terms,	38
each for a term of four years or until a successor is elected and	39
qualified. One elected member shall be elected from each district	40
respectively in which the term of office of a board member expires	41
on the first day of January following the election except that,	42
when the boundaries of state board of education districts are	43
changed pursuant to legislation enacted by the general assembly or	44
division (B)(2) of section 3301.01 of the Revised Code, division	45
(A) of this section shall govern the election. The term of office	46
of each member so elected shall begin on the first day of January	47
immediately following this election.	48

(B) At any time the boundaries of state board of education	49
districts are changed under division (B) of section 3301.01 of the	50
Revised Code, a member of the state board whose term will not	51
expire within two years of the time the change in boundaries is	52
made shall represent, for the remainder of the term for which the	53
member was elected, the state board district containing the	54
largest portion of the population of the district from which the	55
member was elected. If more than one member whose term will not	56
so expire would represent the same district under the provisions	57
of this section, either the general assembly, if the general	58
assembly enacted legislation establishing those districts under	59
division (B)(2) of section 3301.01 of the Revised Code, or the	60
governor, if the governor designated the bounderies of the	61
districts under that division, shall designate which member shall	62
represent each district for the balance of the members' terms.	63

(C) Appointed voting members of the board shall serve	64
four-year terms beginning the first day of January and ending on	65
the thirty-first day of December. Except as provided in division	66
(D) of this section, members may be reappointed.	67

(D) No person, elected or appointed, shall hold the office	68
of member of the state board of education for a period of longer	69
than two successive terms of four years. Terms shall be	70
considered successive unless separated by a period of four or more	71
years. Only terms beginning on or after January 1, 1996, shall be	72
considered in determining an individual's eligibility to hold	73
office.	74

Sec. 3301.80.  (A) There is hereby created the Ohio	75
SchoolNet commission as an independent agency. The commission	76
shall administer programs to provide financial and other	77
assistance to school districts and other educational institutions	78
for the acquisition and utilization of educational technology.	79

The commission is a body corporate and politic, an agency of	80
the state performing essential governmental functions of the	81
state.	82

(B)(1) The commission shall consist of eleven members, seven	83
of whom are voting members. Of the voting members, one shall be	84
appointed by the speaker of the house of representatives and one	85
shall be appointed by the president of the senate. The members	86
appointed by the speaker of the house and the president of the	87
senate shall not be members of the general assembly. The state	88
superintendent of public instruction or a designee of the	89
superintendent, the director of budget and management or a	90
designee of the director, the director of administrative services	91
or a designee of the director, the chairperson of the public	92
utilities commission or a designee of the chairperson, and the	93
director of the Ohio educational telecommunications network	94
commission or a designee of the director shall serve on the	95
commission as ex officio voting members. Of the nonvoting	96
members, two shall be members of the house of representatives	97
appointed by the speaker of the house and two shall be members of	98
the senate appointed by the president of the senate. The members	99
appointed from each house shall not be members of the same	100
political party. The commission shall appoint officers from among	101
its members.	102

(2) The members shall serve without compensation. The	103
voting members appointed by the speaker of the house of	104
representatives and the president of the senate shall be	105
reimbursed, pursuant to office of budget and management	106
guidelines, for necessary expenses incurred in the performance of	107
official duties.	108

(3) The terms of office for the members appointed by the	109
speaker of the house and the president of the senate shall be for	110
two years, with each term ending on the same day of the same month	111
as did the term that it succeeds, except that the voting members	112
so appointed may be removed at anytime by their respective	113
appointing authority. The members appointed by the speaker of the	114
house and the president of the senate may be reappointed. Any	115
member appointed from the house of representatives or senate who	116
ceases to be a member of the legislative house from which the	117
member was appointed shall cease to be a member of the commission.	118
Vacancies among appointed members shall be filled in the manner	119
provided for original appointments. Any member appointed to fill	120
a vacancy occurring prior to the expiration date of the term for	121
which a predecessor was appointed shall hold office as a member	122
for the remainder of that term. The members appointed by the	123
speaker of the house and the president of the senate shall	124
continue in office subsequent to the expiration date of that	125
member's term until a successor takes office or until a period of	126
sixty days has elapsed, whichever occurs first.	127

(C)(1) The commission shall be under the supervision of an	128
executive director who shall be appointed by the commission. The	129
executive director shall serve at the pleasure of the commission	130
and shall direct commission employees in the administration of all	131
programs for the provision of financial and other assistance to	132
school districts and other educational institutions for the	133
acquisition and utilization of educational technology.	134

(2) The employees of the Ohio SchoolNet commission shall be	135
placed in the unclassified service. The commission shall fix the	136
compensation of the executive director. The executive director	137
shall employ and fix the compensation for such employees as	138
necessary to facilitate the activities and purposes of the	139
commission. The employees shall serve at the pleasure of the	140
executive director.	141

(3) The employees of the Ohio SchoolNet commission shall be	142
exempt from Chapter 4117. of the Revised Code and shall not be	143
public employees as defined in section 4117.01 of the Revised	144
Code.	145

(D) The Ohio SchoolNet commission shall do all of the	146
following:	147

(1) Make grants to institutions and other organizations as	148
prescribed by the general assembly for the provision of technical	149
assistance, professional development, and other support services	150
to enable school districts, community schools established under	151
Chapter 3314. of the Revised Code, and other educational	152
institutions to utilize educational technology;	153

(2) Contract with the department of education, state	154
institutions of higher education, private nonprofit institutions	155
of higher education holding certificates of authorization under	156
section 1713.02 of the Revised Code, and such other public or	157
private entities as the executive director deems necessary for the	158
administration and implementation of the programs under the	159
commission's jurisdiction;	160

(3) Establish a reporting system to which school districts,	161
community schools established under Chapter 3314. of the Revised	162
Code, and other educational institutions receiving financial	163
assistance pursuant to this section for the acquisition of	164
educational technology report information as to the manner in	165
which such assistance was expended, the manner in which the	166
equipment or services purchased with the assistance is being	167
utilized, the results or outcome of this utilization, and other	168
information as may be required by the commission;	169

(4) Establish necessary guidelines governing purchasing and	170
procurement by participants in programs administered by the	171
commission that facilitate the timely and effective implementation	172
of such programs;	173

(5) Take into consideration the efficiency and cost savings	174
of statewide procurement prior to allocating and releasing funds	175
for any programs under its administration.	176

(E)(1) The executive director shall implement policies and	177
directives issued by the Ohio SchoolNet commission.	178

(2) The Ohio SchoolNet commission may establish a systems	179
support network to facilitate the timely implementation of the	180
programs, projects, or activities for which it provides	181
assistance.	182

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	183
9.332, and 9.333 of the Revised Code do not apply to contracts,	184
programs, projects, or activities of the Ohio SchoolNet	185
commission.	186

Section 2. That existing sections 3301.02 and 3301.80 of the	187
Revised Code are hereby repealed.	188

Section 3. On the effective date of this section, the terms	189
of office of the current voting members of the Ohio SchoolNet	190
Commission appointed by the Speaker of the House of	191
Representatives and the President of the Senate cease to be fixed	192
at two years as provided in section 3301.80 of the Revised Code as	193
that section existed prior to the effective date of this act. Such	194
members shall instead serve the balance of their original two-year	195
terms subject to removal at anytime by their respective appointing	196
authorities pursuant to section 3301.80 of the Revised Code as	197
that section is amended by this act. This act is hereby declared	198
to be an emergency measure necessary for the immediate	199
preservation of the public peace, health, and safety. The reason	200
for such necessity is that the State Board of Education otherwise	201
will be dissolved and recreated upon the establishment of new	202
districts, thereby requiring an election of all elected members in	203
2002. Therefore, this act shall go into immediate effect.	204