SENATOR Robert Gardner

To amend section 3301.02 of the Revised Code to

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abolish the requirement that the State Board of

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Education be dissolved and recreated following the

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creation of new State Board of Education districts,

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to specify that members of the Board as of the time

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new districts are created shall represent their

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assigned districts for the term for which they were

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originally elected, and to declare an emergency.

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

Section 1. That section 3301.02 of the Revised Code be	9
amended to read as follows:	10

Sec. 3301.02.  (A) Elected voting members of the state board	11
of education as of the date of a change in district boundaries	12
pursuant to legislation enacted by the general assembly or	13
division (B)(2) of section 3301.01 of the Revised Code shall	14
continue in office until their successors are elected and	15
qualified for office, at which time the board whose successors	16
have been so qualified shall be dissolved. At the first regular	17
state election that occurs after a change in the boundaries of	18
state board of education districts, in conformity with the general	19
election laws of this state, one board member shall be elected	20
from each state board of education district for a term of office	21
beginning the first day of January immediately following such	22
election. The term of office of each elected member shall be	23
determined by lot at the initial organization meeting of the	24
board. The elected members shall by lot select six elected	25
members, each of whom shall serve for a term of four years or	26
until a successor is elected and qualified, and the remaining	27
elected members shall each serve for a term of two years or until	28
a successor is elected and qualified.	29

(B) At each subsequent regular state election, in conformity	30
with the general election laws of this state, the elected members	31
shall be elected as required by expiration of respective terms,	32
each for a term of four years or until a successor is elected and	33
qualified. One elected member shall be elected from each district	34
respectively in which the term of office of a board member expires	35
on the first day of January following the election except that,	36
when the boundaries of state board of education districts are	37
changed pursuant to legislation enacted by the general assembly or	38
division (B)(2) of section 3301.01 of the Revised Code, division	39
(A) of this section shall govern the election. The term of office	40
of each member so elected shall begin on the first day of January	41
immediately following this election.	42

(B) At any time the boundaries of state board of education	43
districts are changed, under division (B) of section 3301.01 of	44
the Revised Code, a member of the state board whose term will not	45
expire within two years of the time the change in boundaries is	46
made shall represent, for the remainder of the term for which the	47
member was elected, the state board district containing the	48
largest portion of the population of the district from which the	49
member was elected. If more than one member whose term will not	50
so expire would represent the same district under the provisions	51
of this section, either the general assembly, if the general	52
assembly enacted legislation establishing those districts under	53
division (B)(2) of section 3301.01 of the Revised Code, or the	54
governor, if the governor designated the bounderies of the	55
districts under that division, shall designate which member shall	56
represent each district for the balance of the members' terms.	57

(C) Appointed voting members of the board shall serve	58
four-year terms beginning the first day of January and ending on	59
the thirty-first day of December. Except as provided in division	60
(D) of this section, members may be reappointed.	61

(D) No person, elected or appointed, shall hold the office	62
of member of the state board of education for a period of longer	63
than two successive terms of four years. Terms shall be	64
considered successive unless separated by a period of four or more	65
years. Only terms beginning on or after January 1, 1996, shall be	66
considered in determining an individual's eligibility to hold	67
office.	68

Section 2. That existing section 3301.02 of the Revised Code	69
is hereby repealed.	70

Section 3. This act is hereby declared to be an emergency	71
measure necessary for the immediate preservation of the public	72
peace, health, and safety. The reason for such necessity is that	73
the State Board of Education otherwise will be dissolved and	74
recreated upon the establishment of new districts, thereby	75
requiring an election of all elected members in 2002. Therefore,	76
this act shall go into immediate effect.	77