As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 178

Representative Wagner 

---

A BILL

To amend sections 9.41, 9.833, 9.90, 124.01, 124.11,

1

124.271, 124.34, 124.38, 124.40, 124.57, 3301.07,

2

3301.072, 3311.10, 3311.19, 3311.52, 3311.72,

3

3313.12, 3313.20, 3313.202, 3313.33, 3313.53,

4

3313.604, 3313.665, 3313.751, 3313.79, 3313.81,

5

3313.871, 3313.96, 3313.975, 3314.03, 3314.09,

6

3314.091, 3315.062, 3315.09, 3315.091, 3316.07,

7

3317.01, 3319.01, 3319.011, 3319.02, 3319.03,

8

3319.04, 3319.05, 3319.06, 3319.07, 3319.071,

9

3319.073, 3319.075, 3319.08, 3319.081, 3319.088,

10

3319.10, 3319.151, 3326.11, 3326.20, 3326.21,

11

3326.51, 3327.01, 3327.03, 3327.09, 3327.10,

12

3327.16, 4117.01, 4117.03, 4117.04, 4117.06,

13

4117.08, 4117.09, and 4117.10; and to repeal

14

sections 5.23, 9.901, 117.53, 124.011, 124.54,

15

3301.22, 3313.174, 3313.211, 3313.41, 3313.472,

16

3313.482, 3313.51, 3313.534, 3313.535, 3313.537,

17

3313.60, 3313.601, 3313.602, 3313.608, 3313.609,

18

3313.6011, 3313.6012, 3313.6013, 3313.6014,

19

3313.63, 3313.648, 3313.66, 3313.661, 3313.662,

20

3313.664, 3313.666, 3313.667, 3313.70, 3313.712,

21

3313.76, 3313.77, 3313.78, 3313.80, 3313.801,

22

3313.811, 3314.10, 3314.20, 3315.17, 3315.171,

23

3315.18, 3315.181, 3315.19, 3317.12, 3317.13,

24

3317.14, 3317.15, 3319.072, 3319.082, 3319.083,

25

3319.084, 3319.085, 3319.086, 3319.087,

26

3319.0810, 3319.0811, 3319.09, 3319.101, 3319.11,

27

3319.111, 3319.12, 3319.13, 3319.131, 3319.14,

28

3319.141, 3319.142, 3319.143, 3319.16, 3319.161,

29

3319.17, 3319.171, 3319.172, 3319.18, 3319.181,

30

3319.33, 3319.63, 3324.01, 3324.02, 3324.03,

31

3324.04, 3324.05, 3324.06, 3324.07, 3324.10,

32

3326.18, 3327.011, 3327.02, 3327.15, 4117.101,

33

and 4117.102 of the Revised Code to eliminate

34

certain requirements and prohibitions applying

35

to school district boards of education.

36

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

Section 1.  That sections 9.41, 9.833, 9.90, 124.01, 124.11,	37
124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, 3301.072,	38
3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20, 3313.202,	39
3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79, 3313.81,	40
3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091, 3315.062,	41
3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011, 3319.02,	42
3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071, 3319.073,	43
3319.075, 3319.08, 3319.081, 3319.088, 3319.10, 3319.151, 3326.11,	44
3326.20, 3326.21, 3326.51, 3327.01, 3327.03, 3327.09, 3327.10,	45
3327.16, 4117.01, 4117.03, 4117.04, 4117.06, 4117.08, 4117.09,	46
and 4117.10 of the Revised Code be amended to read as follows:	47

Sec. 9.41.  The director of budget and management or any	48
fiscal officer of any county, city, city health district,or	49
general health district, or city school district thereof, or civil	50
service township, shall not draw, sign, issue, or authorize the	51
drawing, signing, or issuing of any warrant on the treasurer of	52
state or other disbursing officer of the state, or the treasurer	53
or other disbursing officer of any county, city, or city school	54
district thereof, or civil service township, to pay any salary or	55
other compensation to any officer, clerk, employee, or other	56
person in the classified service unless an estimate, payroll, or	57
account for such salary or compensation containing the name of	58
each person to be paid, bears the certificate of the director of	59
administrative services, or in the case of the service of the city	60
or civil service township, the certificate of the civil service	61
commission of the city or civil service township, or in the case	62
of the service of the county, the certificate of the appointing	63
authority, that the persons named in the estimate, payroll, or	64
account have been appointed, promoted, reduced, suspended, or laid	65
off, or are being employed in pursuance of Chapter 124. of the	66
Revised Code and the rules adopted thereunder.	67

Where estimates, payrolls, or accounts are prepared by	68
electronic data processing equipment, the director of	69
administrative services or the municipal or civil service township	70
civil service commission may develop methods for controlling the	71
input or verifying the output of such equipment to ensure	72
compliance with Chapter 124. of the Revised Code and the rules	73
adopted thereunder. Any estimates, payrolls, or accounts prepared	74
by these methods shall be subject to special audit at any time.	75

Any sum paid contrary to this section may be recovered from	76
any officer making such payment in contravention of law and of the	77
rules made in pursuance of law, or from any officer signing,	78
countersigning, or authorizing the signing or countersigning of	79
any warrant for the payment of the same, or from the sureties on	80
the officer's official bond, in an action in the courts of the	81
state, maintained by a citizen resident therein. All moneys	82
recovered in any action brought under this section shall, when	83
collected, be paid into the state treasury or the treasury of the	84
appropriate civil division of the state, except that the plaintiff	85
in any action shall be entitled to recover the plaintiff's own	86
taxable costs of such action.	87

Sec. 9.833.  (A) As used in this section, "political	88
subdivision" means a municipal corporation, township, county,	89
school district, or other body corporate and politic responsible	90
for governmental activities in a geographic area smaller than	91
that of the state, and agencies and instrumentalities of these	92
entities.	93

(B) Political subdivisions that provide health care benefits	94
for their officers or employees may do any of the following:	95

(1) Establish and maintain an individual self-insurance	96
program with public moneys to provide authorized health care	97
benefits, including but not limited to, health care, prescription	98
drugs, dental care, and vision care, in accordance with division	99
(C) of this section;	100

(2) Establish and maintain a health savings account program	101
whereby employees or officers may establish and maintain health	102
savings accounts in accordance with section 223 of the Internal	103
Revenue Code. Public moneys may be used to pay for or fund	104
federally qualified high deductible health plans that are linked	105
to health savings accounts or to make contributions to health	106
savings accounts. A health savings account program may be a part	107
of a self-insurance program.	108

(3) After establishing an individual self-insurance program,	109
agree with other political subdivisions that have established	110
individual self-insurance programs for health care benefits, that	111
their programs will be jointly administered in a manner specified	112
in the agreement;	113

(4) Pursuant to a written agreement and in accordance with	114
division (C) of this section, join in any combination with other	115
political subdivisions to establish and maintain a joint	116
self-insurance program to provide health care benefits;	117

(5) Pursuant to a written agreement, join in any combination	118
with other political subdivisions to procure or contract for	119
policies, contracts, or plans of insurance to provide health care	120
benefits, which may include a health savings account program, for	121
their officers and employees subject to the agreement;	122

(6) Use in any combination any of the policies, contracts,	123
plans, or programs authorized under this division.	124

(C) Except as otherwise provided in division (E) of this	125
section, the following apply to individual or joint self-insurance	126
programs established pursuant to this section:	127

(1) Such funds shall be reserved as are necessary, in the	128
exercise of sound and prudent actuarial judgment, to cover	129
potential cost of health care benefits for the officers and	130
employees of the political subdivision. A report of amounts so	131
reserved and disbursements made from such funds, together with a	132
written report of a member of the American academy of actuaries	133
certifying whether the amounts reserved conform to the	134
requirements of this division, are computed in accordance with	135
accepted loss reserving standards, and are fairly stated in	136
accordance with sound loss reserving principles, shall be prepared	137
and maintained, within ninety days after the last day of the	138
fiscal year of the entity for which the report is provided for	139
that fiscal year, in the office of the program administrator	140
described in division (C)(3) of this section.	141

The report required by division (C)(1) of this section shall	142
include, but not be limited to, disbursements made for the	143
administration of the program, including claims paid, costs of the	144
legal representation of political subdivisions and employees, and	145
fees paid to consultants.	146

The program administrator described in division (C)(3) of	147
this section shall make the report required by this division	148
available for inspection by any person at all reasonable times	149
during regular business hours, and, upon the request of such	150
person, shall make copies of the report available at cost within a	151
reasonable period of time.	152

(2) Each political subdivision shall reserve funds necessary	153
for an individual or joint self-insurance program in a special	154
fund that may be established for political subdivisions other than	155
an agency or instrumentality pursuant to an ordinance or	156
resolution of the political subdivision and not subject to section	157
5705.12 of the Revised Code. An agency or instrumentality shall	158
reserve the funds necessary for an individual or joint	159
self-insurance program in a special fund established pursuant to a	160
resolution duly adopted by the agency's or instrumentality's	161
governing board. The political subdivision may allocate the costs	162
of insurance or any self-insurance program, or both, among the	163
funds or accounts established under this division on the basis of	164
relative exposure and loss experience.	165

(3) A contract may be awarded, without the necessity of	166
competitive bidding, to any person, political subdivision,	167
nonprofit corporation organized under Chapter 1702. of the Revised	168
Code, or regional council of governments created under Chapter	169
167. of the Revised Code for purposes of administration of an	170
individual or joint self-insurance program. No such contract shall	171
be entered into without full, prior, public disclosure of all	172
terms and conditions. The disclosure shall include, at a minimum,	173
a statement listing all representations made in connection with	174
any possible savings and losses resulting from the contract, and	175
potential liability of any political subdivision or employee. The	176
proposed contract and statement shall be disclosed and presented	177
at a meeting of the political subdivision not less than one week	178
prior to the meeting at which the political subdivision authorizes	179
the contract.	180

A contract awarded to a nonprofit corporation or a regional	181
council of governments under this division may provide that all	182
employees of the nonprofit corporation or regional council of	183
governments and the employees of all entities related to the	184
nonprofit corporation or regional council of governments may be	185
covered by the individual or joint self-insurance program under	186
the terms and conditions set forth in the contract.	187

(4) The individual or joint self-insurance program shall	188
include a contract with a member of the American academy of	189
actuaries for the preparation of the written evaluation of the	190
reserve funds required under division (C)(1) of this section.	191

(5) A joint self-insurance program may allocate the costs of	192
funding the program among the funds or accounts established under	193
this division to the participating political subdivisions on the	194
basis of their relative exposure and loss experience.	195

(6) An individual self-insurance program may allocate the	196
costs of funding the program among the funds or accounts	197
established under this division to the political subdivision that	198
established the program.	199

(7) Two or more political subdivisions may also authorize the	200
establishment and maintenance of a joint health care cost	201
containment program, including, but not limited to, the employment	202
of risk managers, health care cost containment specialists, and	203
consultants, for the purpose of preventing and reducing health	204
care costs covered by insurance, individual self-insurance, or	205
joint self-insurance programs.	206

(8) A political subdivision is not liable under a joint	207
self-insurance program for any amount in excess of amounts payable	208
pursuant to the written agreement for the participation of the	209
political subdivision in the joint self-insurance program. Under a	210
joint self-insurance program agreement, a political subdivision	211
may, to the extent permitted under the written agreement, assume	212
the risks of any other political subdivision. A joint	213
self-insurance program established under this section is deemed a	214
separate legal entity for the public purpose of enabling the	215
members of the joint self-insurance program to obtain insurance or	216
to provide for a formalized, jointly administered self-insurance	217
fund for its members. An entity created pursuant to this section	218
is exempt from all state and local taxes.	219

(9) Any political subdivision, other than an agency or	220
instrumentality, may issue general obligation bonds, or special	221
obligation bonds that are not payable from real or personal	222
property taxes, and may also issue notes in anticipation of such	223
bonds, pursuant to an ordinance or resolution of its legislative	224
authority or other governing body for the purpose of providing	225
funds to pay expenses associated with the settlement of claims,	226
whether by way of a reserve or otherwise, and to pay the political	227
subdivision's portion of the cost of establishing and maintaining	228
an individual or joint self-insurance program or to provide for	229
the reserve in the special fund authorized by division (C)(2) of	230
this section.	231

In its ordinance or resolution authorizing bonds or notes	232
under this section, a political subdivision may elect to issue	233
such bonds or notes under the procedures set forth in Chapter 133.	234
of the Revised Code. In the event of such an election,	235
notwithstanding Chapter 133. of the Revised Code, the maturity of	236
the bonds may be for any period authorized in the ordinance or	237
resolution not exceeding twenty years, which period shall be the	238
maximum maturity of the bonds for purposes of section 133.22 of	239
the Revised Code.	240

Bonds and notes issued under this section shall not be	241
considered in calculating the net indebtedness of the political	242
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	243
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	244
hereby made applicable to bonds or notes authorized under this	245
section.	246

(10) A joint self-insurance program is not an insurance	247
company. Its operation does not constitute doing an insurance	248
business and is not subject to the insurance laws of this state.	249

(D) A political subdivision may procure group life insurance	250
for its employees in conjunction with an individual or joint	251
self-insurance program authorized by this section, provided that	252
the policy of group life insurance is not self-insured.	253

(E) Divisions (C)(1), (2), and (4) of this section do not	254
apply to individual self-insurance programs in municipal	255
corporations, townships, or counties.	256

(F) A public official or employee of a political subdivision	257
who is or becomes a member of the governing body of the program	258
administrator of a joint self-insurance program in which the	259
political subdivision participates is not in violation of division	260
(D) or (E) of section 102.03, division (C) of section 102.04, or	261
section 2921.42 of the Revised Code as a result of either of the	262
following:	263

(1) The political subdivision's entering under this section	264
into the written agreement to participate in the joint	265
self-insurance program;	266

(2) The political subdivision's entering under this section	267
into any other contract with the joint self-insurance program.	268

Sec. 9.90.  (A) The governing board of any public institution	269
of higher education, including without limitation state	270
universities and colleges, community college districts, university	271
branch districts, technical college districts, and municipal	272
universities, or the board of education of any school district,	273
may, in addition to all other powers provided in the Revised Code:	274

(1) Contract for, purchase, or otherwise procure from an	275
insurer or insurers licensed to do business by the state of Ohio	276
for or on behalf of such of its employees as it may determine,	277
life insurance, or sickness, accident, annuity, endowment, health,	278
medical, hospital, dental, or surgical coverage and benefits, or	279
any combination thereof, by means of insurance plans or other	280
types of coverage, family, group or otherwise, and may pay from	281
funds under its control and available for such purpose all or any	282
portion of the cost, premium, or charge for such insurance,	283
coverage, or benefits. However, the governing board, in addition	284
to or as an alternative to the authority otherwise granted by	285
division (A)(1) of this section, may elect to procure coverage for	286
health care services, for or on behalf of such of its employees as	287
it may determine, by means of policies, contracts, certificates,	288
or agreements issued by at least two health insuring corporations	289
holding a certificate of authority under Chapter 1751. of the	290
Revised Code and may pay from funds under the governing board's	291
control and available for such purpose all or any portion of the	292
cost of such coverage.	293

(2) Make payments to a custodial account for investment in	294
regulated investment company stock for the purpose of providing	295
retirement benefits as described in section 403(b)(7) of the	296
Internal Revenue Code of 1954, as amended. Such stock shall be	297
purchased only from persons authorized to sell such stock in this	298
state.	299

Any income of an employee deferred under divisions (A)(1) and	300
(2) of this section in a deferred compensation program eligible	301
for favorable tax treatment under the Internal Revenue Code of	302
1954, as amended, shall continue to be included as regular	303
compensation for the purpose of computing the contributions to and	304
benefits from the retirement system of such employee. Any sum so	305
deferred shall not be included in the computation of any federal	306
and state income taxes withheld on behalf of any such employee.	307

(B) All or any portion of the cost, premium, or charge	308
therefor may be paid in such other manner or combination of	309
manners as the governing board or school district board may	310
determine, including direct payment by the employee in cases	311
under division (A)(1) of this section, and, if authorized in	312
writing by the employee in cases under division (A)(1) or (2) of	313
this section, by such governing board or school district board	314
with moneys made available by deduction from or reduction in	315
salary or wages or by the foregoing of a salary or wage increase.	316
Nothing in section 3917.01 or section 3917.06 of the Revised Code	317
shall prohibit the issuance or purchase of group life insurance	318
authorized by this section by reason of payment of premiums	319
therefor by the governing board from its funds, and such group	320
life insurance may be so issued and purchased if otherwise	321
consistent with the provisions of sections 3917.01 to 3917.07 of	322
the Revised Code.	323

(C) The board of education of any school district may	324
exercise any of the powers granted to the governing boards of	325
public institutions of higher education under divisions (A) and	326
(B) of this section, except in relation to the provision of health	327
care benefits to employees. All health care benefits provided to	328
persons employed by the public schools of this state shall be	329
health care plans that contain best practices established by the	330
school employees health care board pursuant to section 9.901 of	331
the Revised Code.	332

Sec. 124.01.  Except as otherwise provided in this chapter,	333
as used in this chapter:	334

(A) "Civil service" includes all offices and positions of	335
trust or employment in the service of the state and in the service	336
of the counties, cities, city health districts, and general health	337
districts, and city school districts of the state.	338

(B) "State service" includes all offices and positions in the	339
service of the state and the counties and general health districts	340
of the state. "State service" does not include offices and	341
positions in the service of the cities, and city health districts,	342
and city school districts of the state.	343

(C) "Classified service" means the competitive classified	344
civil service of the state, the several counties, cities, city	345
health districts, and general health districts, and city school	346
districts of the state, and civil service townships.	347

(D) "Appointing authority" means the officer, commission,	348
board, or body having the power of appointment to, or removal	349
from, positions in any office, department, commission, board, or	350
institution.	351

(E) "Commission" means the municipal civil service commission	352
of any city, except that, when in reference to the commission that	353
serves a city school district, "commission" means the civil	354
service commission determined under section 124.011 of the Revised	355
Code.	356

(F) "Employee" means any person holding a position subject to	357
appointment, removal, promotion, or reduction by an appointing	358
officer.	359

(G) "Civil service township" means any township with a	360
population of ten thousand or more persons residing within the	361
township and outside any municipal corporation, which has a police	362
or fire department of ten or more full-time paid employees and	363
which has a civil service commission established under division	364
(B) of section 124.40 of the Revised Code.	365

(H) "Flexible hours employee" means an employee who may work	366
more or less than eight hours on any given day so long as the	367
employee works forty hours in the same week.	368

(I) "Classification series" means any group of classification	369
titles that have the identical name but different numerical	370
designations, or identical titles except for designated levels of	371
supervision, except for those classification series established by	372
the director of administrative services in accordance with	373
division (A) of section 124.14 of the Revised Code.	374

(J) "Classification change" means a change in an employee's	375
classification in the job classification plan.	376

(K) "Service of the state" or "civil service of the state"	377
includes all offices and positions of trust or employment with the	378
government of the state. "Service of the state" and "civil service	379
of the state" do not include offices and positions of trust or	380
employment with state-supported colleges and universities,	381
counties, cities, city health districts, city school districts,	382
general health districts, and civil service townships of the	383
state.	384

Sec. 124.11.  The civil service of the state and the several	385
counties, cities, civil service townships, city health districts,	386
and general health districts, and city school districts of the	387
state shall be divided into the unclassified service and the	388
classified service.	389

(A) The unclassified service shall comprise the following	390
positions, which shall not be included in the classified service,	391
and which shall be exempt from all examinations required by this	392
chapter:	393

(1) All officers elected by popular vote or persons appointed	394
to fill vacancies in those offices;	395

(2) All election officers as defined in section 3501.01 of	396
the Revised Code;	397

(3)(a) The members of all boards and commissions, and heads	398
of principal departments, boards, and commissions appointed by the	399
governor or by and with the governor's consent;	400

(b) The heads of all departments appointed by a board of	401
county commissioners;	402

(c) The members of all boards and commissions and all heads	403
of departments appointed by the mayor, or, if there is no mayor,	404
such other similar chief appointing authority of any city or city	405
school district;	406

Except as otherwise provided in division (A)(17) or (C) of	407
this section, this chapter does not exempt the chiefs of police	408
departments and chiefs of fire departments of cities or civil	409
service townships from the competitive classified service.	410

(4) The members of county or district licensing boards or	411
commissions and boards of revision, and not more than five deputy	412
county auditors;	413

(5) All officers and employees elected or appointed by either	414
or both branches of the general assembly, and employees of the	415
city legislative authority engaged in legislative duties;	416

(6) All commissioned, warrant, and noncommissioned officers	417
and enlisted persons in the Ohio organized militia, including	418
military appointees in the adjutant general's department;	419

(7)(a) All presidents, business managers, administrative	420
officers, superintendents, assistant superintendents, principals,	421
deans, assistant deans, instructors, teachers, and such employees	422
as are engaged in educational or research duties connected with	423
the public school system, colleges, and universities, as	424
determined by the governing body of the public school system,	425
colleges, and universities;	426

(b) Superintendents, assistant superintendents, principals,	427
teachers, and other research or educational service employees	428
employed by the department of education for service at the state	429
school for the deaf or the state school for the blind;	430

(c) The library staff of any library in the state supported	431
wholly or in part at public expense.	432

(8) Four clerical and administrative support employees for	433
each of the elective state officers, four clerical and	434
administrative support employees for each board of county	435
commissioners and one such employee for each county commissioner,	436
and four clerical and administrative support employees for other	437
elective officers and each of the principal appointive executive	438
officers, boards, or commissions, except for civil service	439
commissions, that are authorized to appoint such clerical and	440
administrative support employees;	441

(9) The deputies and assistants of state agencies authorized	442
to act for and on behalf of the agency, or holding a fiduciary or	443
administrative relation to that agency and those persons employed	444
by and directly responsible to elected county officials or a	445
county administrator and holding a fiduciary or administrative	446
relationship to such elected county officials or county	447
administrator, and the employees of such county officials whose	448
fitness would be impracticable to determine by competitive	449
examination, provided that division (A)(9) of this section shall	450
not affect those persons in county employment in the classified	451
service as of September 19, 1961. Nothing in division (A)(9) of	452
this section applies to any position in a county department of job	453
and family services created pursuant to Chapter 329. of the	454
Revised Code.	455

(10) Bailiffs, constables, official stenographers, and	456
commissioners of courts of record, deputies of clerks of the	457
courts of common pleas who supervise or who handle public moneys	458
or secured documents, and such officers and employees of courts of	459
record and such deputies of clerks of the courts of common pleas	460
as the director of administrative services finds it impracticable	461
to determine their fitness by competitive examination;	462

(11) Assistants to the attorney general, special counsel	463
appointed or employed by the attorney general, assistants to	464
county prosecuting attorneys, and assistants to city directors of	465
law;	466

(12) Such teachers and employees in the agricultural	467
experiment stations; such students in normal schools, colleges,	468
and universities of the state who are employed by the state or a	469
political subdivision of the state in student or intern	470
classifications; and such unskilled labor positions as the	471
director of administrative services or any municipal civil service	472
commission may find it impracticable to include in the competitive	473
classified service; provided such exemptions shall be by order of	474
the commission or the director, duly entered on the record of the	475
commission or the director with the reasons for each such	476
exemption;	477

(13) Any physician or dentist who is a full-time employee of	478
the department of mental health, the department of mental	479
retardation and developmental disabilities, or an institution	480
under the jurisdiction of either department; and physicians who	481
are in residency programs at the institutions;	482

(14) Up to twenty positions at each institution under the	483
jurisdiction of the department of mental health or the department	484
of mental retardation and developmental disabilities that the	485
department director determines to be primarily administrative or	486
managerial; and up to fifteen positions in any division of either	487
department, excluding administrative assistants to the director	488
and division chiefs, which are within the immediate staff of a	489
division chief and which the director determines to be primarily	490
and distinctively administrative and managerial;	491

(15) Noncitizens of the United States employed by the state,	492
or its counties or cities, as physicians or nurses who are duly	493
licensed to practice their respective professions under the laws	494
of this state, or medical assistants, in mental or chronic disease	495
hospitals, or institutions;	496

(16) Employees of the governor's office;

497

(17) Fire chiefs and chiefs of police in civil service	498
townships appointed by boards of township trustees under section	499
505.38 or 505.49 of the Revised Code;	500

(18) Executive directors, deputy directors, and program	501
directors employed by boards of alcohol, drug addiction, and	502
mental health services under Chapter 340. of the Revised Code, and	503
secretaries of the executive directors, deputy directors, and	504
program directors;	505

(19) Superintendents, and management employees as defined in	506
section 5126.20 of the Revised Code, of county boards of mental	507
retardation and developmental disabilities;	508

(20) Physicians, nurses, and other employees of a county	509
hospital who are appointed pursuant to sections 339.03 and 339.06	510
of the Revised Code;	511

(21) The executive director of the state medical board, who	512
is appointed pursuant to division (B) of section 4731.05 of the	513
Revised Code;	514

(22) County directors of job and family services as provided	515
in section 329.02 of the Revised Code and administrators appointed	516
under section 329.021 of the Revised Code;	517

(23) A director of economic development who is hired pursuant	518
to division (A) of section 307.07 of the Revised Code;	519

(24) Chiefs of construction and compliance, of operations and	520
maintenance, and of licensing and certification in the division of	521
industrial compliance in the department of commerce;	522

(25) The executive director of a county transit system	523
appointed under division (A) of section 306.04 of the Revised	524
Code;	525

(26) Up to five positions at each of the administrative	526
departments listed in section 121.02 of the Revised Code and at	527
the department of taxation, department of the adjutant general,	528
department of education, Ohio board of regents, bureau of workers'	529
compensation, industrial commission, state lottery commission, and	530
public utilities commission of Ohio that the head of that	531
administrative department or of that other state agency determines	532
to be involved in policy development and implementation. The head	533
of the administrative department or other state agency shall set	534
the compensation for employees in these positions at a rate that	535
is not less than the minimum compensation specified in pay range	536
41 but not more than the maximum compensation specified in pay	537
range 44 of salary schedule E-2 in section 124.152 of the Revised	538
Code. The authority to establish positions in the unclassified	539
service under division (A)(26) of this section is in addition to	540
and does not limit any other authority that an administrative	541
department or state agency has under the Revised Code to establish	542
positions, appoint employees, or set compensation.	543

(27) Employees of the department of agriculture employed	544
under section 901.09 of the Revised Code;	545

(28) For cities, counties, civil service townships, city	546
health districts, and general health districts, and city school	547
districts, the deputies and assistants of elective or principal	548
executive officers authorized to act for and in the place of their	549
principals or holding a fiduciary relation to their principals;	550

(29) Employees who receive intermittent or temporary	551
appointments under division (B) of section 124.30 of the Revised	552
Code;	553

(30) Employees appointed to administrative staff positions	554
for which an appointing authority is given specific statutory	555
authority to set compensation;	556

(31) Employees appointed to highway patrol cadet or highway	557
patrol cadet candidate classifications;	558

(32) Employees placed in the unclassified service by another	559
section of the Revised Code.	560

(B) The classified service shall comprise all persons in the	561
employ of the state and the several counties, cities, city health	562
districts, and general health districts, and city school districts	563
of the state, not specifically included in the unclassified	564
service. Upon the creation by the board of trustees of a civil	565
service township civil service commission, the classified service	566
shall also comprise, except as otherwise provided in division	567
(A)(17) or (C) of this section, all persons in the employ of a	568
civil service township police or fire department having ten or	569
more full-time paid employees. The classified service consists of	570
two classes, which shall be designated as the competitive class	571
and the unskilled labor class.	572

(1) The competitive class shall include all positions and	573
employments in the state and the counties, cities, city health	574
districts, and general health districts, and city school districts	575
of the state, and, upon the creation by the board of trustees of	576
a civil service township of a township civil service commission,	577
all positions in a civil service township police or fire	578
department having ten or more full-time paid employees, for which	579
it is practicable to determine the merit and fitness of applicants	580
by competitive examinations. Appointments shall be made to, or	581
employment shall be given in, all positions in the competitive	582
class that are not filled by promotion, reinstatement, transfer,	583
or reduction, as provided in this chapter, and the rules of the	584
director of administrative services, by appointment from those	585
certified to the appointing officer in accordance with this	586
chapter.	587

(2) The unskilled labor class shall include ordinary	588
unskilled laborers. Vacancies in the labor class for positions in	589
service of the state shall be filled by appointment from lists of	590
applicants registered by the director. Vacancies in the labor	591
class for all other positions shall be filled by appointment from	592
lists of applicants registered by a commission. The director or	593
the commission, as applicable, by rule, shall require an applicant	594
for registration in the labor class to furnish evidence or take	595
tests as the director or commission considers proper with respect	596
to age, residence, physical condition, ability to labor, honesty,	597
sobriety, industry, capacity, and experience in the work or	598
employment for which application is made. Laborers who fulfill the	599
requirements shall be placed on the eligible list for the kind of	600
labor or employment sought, and preference shall be given in	601
employment in accordance with the rating received from that	602
evidence or in those tests. Upon the request of an appointing	603
officer, stating the kind of labor needed, the pay and probable	604
length of employment, and the number to be employed, the director	605
or commission, as applicable, shall certify from the highest on	606
the list double the number to be employed; from this number, the	607
appointing officer shall appoint the number actually needed for	608
the particular work. If more than one applicant receives the same	609
rating, priority in time of application shall determine the order	610
in which their names shall be certified for appointment.	611

(C) A municipal or civil service township civil service	612
commission may place volunteer firefighters who are paid on a	613
fee-for-service basis in either the classified or the unclassified	614
civil service.	615

(D) This division does not apply to persons in the	616
unclassified service who have the right to resume positions in the	617
classified service under sections 4121.121, 5119.071, 5120.38,	618
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	619
Code.	620

An appointing authority whose employees are paid directly by	621
warrant of the director of budget and management may appoint a	622
person who holds a certified position in the classified service	623
within the appointing authority's agency to a position in the	624
unclassified service within that agency. A person appointed	625
pursuant to this division to a position in the unclassified	626
service shall retain the right to resume the position and status	627
held by the person in the classified service immediately prior to	628
the person's appointment to the position in the unclassified	629
service, regardless of the number of positions the person held in	630
the unclassified service. An employee's right to resume a position	631
in the classified service may only be exercised when an appointing	632
authority demotes the employee to a pay range lower than the	633
employee's current pay range or revokes the employee's appointment	634
to the unclassified service. An employee forfeits the right to	635
resume a position in the classified service when the employee is	636
removed from the position in the unclassified service due to	637
incompetence, inefficiency, dishonesty, drunkenness, immoral	638
conduct, insubordination, discourteous treatment of the public,	639
neglect of duty, violation of this chapter or the rules of the	640
director of administrative services, any other failure of good	641
behavior, any other acts of misfeasance, malfeasance, or	642
nonfeasance in office, or conviction of a felony. An employee also	643
forfeits the right to resume a position in the classified service	644
upon transfer to a different agency.	645

Reinstatement to a position in the classified service shall	646
be to a position substantially equal to that position in the	647
classified service held previously, as certified by the director	648
of administrative services. If the position the person previously	649
held in the classified service has been placed in the unclassified	650
service or is otherwise unavailable, the person shall be appointed	651
to a position in the classified service within the appointing	652
authority's agency that the director of administrative services	653
certifies is comparable in compensation to the position the person	654
previously held in the classified service. Service in the position	655
in the unclassified service shall be counted as service in the	656
position in the classified service held by the person immediately	657
prior to the person's appointment to the position in the	658
unclassified service. When a person is reinstated to a position in	659
the classified service as provided in this division, the person is	660
entitled to all rights, status, and benefits accruing to the	661
position in the classified service during the person's time of	662
service in the position in the unclassified service.	663

Sec. 124.271.  Any employee in the classified service of the	664
state or any county, city, city health district, or general health	665
district, or city school district who is appointed to a position	666
under section 124.30 of the Revised Code, and either demonstrates	667
merit and fitness for the position by successfully completing the	668
probationary period for the position or remains in the position	669
for a period of six months of continuous service, whichever period	670
is longer, shall become a permanent appointee in the classified	671
service at the conclusion of that period.	672

Sec. 124.34.  (A) The tenure of every officer or employee in	673
the classified service of the state and the counties, civil	674
service townships, cities, city health districts, and general	675
health districts, and city school districts of the state, holding	676
a position under this chapter, shall be during good behavior and	677
efficient service. No officer or employee shall be reduced in pay	678
or position, fined, suspended, or removed, or have the officer's	679
or employee's longevity reduced or eliminated, except as provided	680
in section 124.32 of the Revised Code, and for incompetency,	681
inefficiency, dishonesty, drunkenness, immoral conduct,	682
insubordination, discourteous treatment of the public, neglect of	683
duty, violation of any policy or work rule of the officer's or	684
employee's appointing authority, violation of this chapter or the	685
rules of the director of administrative services or the	686
commission, any other failure of good behavior, any other acts of	687
misfeasance, malfeasance, or nonfeasance in office, or conviction	688
of a felony. The denial of a one-time pay supplement or a bonus to	689
an officer or employee is not a reduction in pay for purposes of	690
this section.	691

An appointing authority may require an employee who is	692
suspended to report to work to serve the suspension. An employee	693
serving a suspension in this manner shall continue to be	694
compensated at the employee's regular rate of pay for hours	695
worked. The disciplinary action shall be recorded in the	696
employee's personnel file in the same manner as other disciplinary	697
actions and has the same effect as a suspension without pay for	698
the purpose of recording disciplinary actions.	699

A finding by the appropriate ethics commission, based upon a	700
preponderance of the evidence, that the facts alleged in a	701
complaint under section 102.06 of the Revised Code constitute a	702
violation of Chapter 102., section 2921.42, or section 2921.43 of	703
the Revised Code may constitute grounds for dismissal. Failure to	704
file a statement or falsely filing a statement required by section	705
102.02 of the Revised Code may also constitute grounds for	706
dismissal. The tenure of an employee in the career professional	707
service of the department of transportation is subject to section	708
5501.20 of the Revised Code.	709

Conviction of a felony is a separate basis for reducing in	710
pay or position, suspending, or removing an officer or employee,	711
even if the officer or employee has already been reduced in pay or	712
position, suspended, or removed for the same conduct that is the	713
basis of the felony. An officer or employee may not appeal to the	714
state personnel board of review or the commission any disciplinary	715
action taken by an appointing authority as a result of the	716
officer's or employee's conviction of a felony. If an officer or	717
employee removed under this section is reinstated as a result of	718
an appeal of the removal, any conviction of a felony that occurs	719
during the pendency of the appeal is a basis for further	720
disciplinary action under this section upon the officer's or	721
employee's reinstatement.	722

A person convicted of a felony immediately forfeits the	723
person's status as a classified employee in any public employment	724
on and after the date of the conviction for the felony. If an	725
officer or employee is removed under this section as a result of	726
being convicted of a felony or is subsequently convicted of a	727
felony that involves the same conduct that was the basis for the	728
removal, the officer or employee is barred from receiving any	729
compensation after the removal notwithstanding any modification or	730
disaffirmance of the removal, unless the conviction for the felony	731
is subsequently reversed or annulled.	732

Any person removed for conviction of a felony is entitled to	733
a cash payment for any accrued but unused sick, personal, and	734
vacation leave as authorized by law. If subsequently reemployed in	735
the public sector, the person shall qualify for and accrue these	736
forms of leave in the manner specified by law for a newly	737
appointed employee and shall not be credited with prior public	738
service for the purpose of receiving these forms of leave.	739

As used in this division, "felony" means any of the	740
following:	741

(1) A felony that is an offense of violence as defined in	742
section 2901.01 of the Revised Code;	743

(2) A felony that is a felony drug abuse offense as defined	744
in section 2925.01 of the Revised Code;	745

(3) A felony under the laws of this or any other state or the	746
United States that is a crime of moral turpitude;	747

(4) A felony involving dishonesty, fraud, or theft;

748

(5) A felony that is a violation of section 2921.05, 2921.32,	749
or 2921.42 of the Revised Code.	750

(B) In case of a reduction, a suspension of forty or more	751
work hours in the case of an employee exempt from the payment of	752
overtime compensation, a suspension of twenty-four or more work	753
hours in the case of an employee required to be paid overtime	754
compensation, a fine of forty or more hours' pay in the case of an	755
employee exempt from the payment of overtime compensation, a fine	756
of twenty-four or more hours' pay in the case of an employee	757
required to be paid overtime compensation, or removal, except for	758
the reduction or removal of a probationary employee, the	759
appointing authority shall serve the employee with a copy of the	760
order of reduction, fine, suspension, or removal, which order	761
shall state the reasons for the action.	762

Within ten days following the date on which the order is	763
served or, in the case of an employee in the career professional	764
service of the department of transportation, within ten days	765
following the filing of a removal order, the employee, except as	766
otherwise provided in this section, may file an appeal of the	767
order in writing with the state personnel board of review or the	768
commission. For purposes of this section, the date on which an	769
order is served is the date of hand delivery of the order or the	770
date of delivery of the order by certified United States mail,	771
whichever occurs first. If an appeal is filed, the board or	772
commission shall forthwith notify the appointing authority and	773
shall hear, or appoint a trial board to hear, the appeal within	774
thirty days from and after its filing with the board or	775
commission. The board, commission, or trial board may affirm,	776
disaffirm, or modify the judgment of the appointing authority.	777
However, in an appeal of a removal order based upon a violation of	778
a last chance agreement, the board, commission, or trial board may	779
only determine if the employee violated the agreement and thus	780
affirm or disaffirm the judgment of the appointing authority.	781

In cases of removal or reduction in pay for disciplinary	782
reasons, either the appointing authority or the officer or	783
employee may appeal from the decision of the state personnel board	784
of review or the commission, and any such appeal shall be to the	785
court of common pleas of the county in which the appointing	786
authority is located, or to the court of common pleas of Franklin	787
county, as provided by section 119.12 of the Revised Code.	788

(C) In the case of the suspension for any period of time, or	789
a fine, demotion, or removal, of a chief of police, a chief of a	790
fire department, or any member of the police or fire department of	791
a city or civil service township, who is in the classified civil	792
service, the appointing authority shall furnish the chief or	793
member with a copy of the order of suspension, fine, demotion, or	794
removal, which order shall state the reasons for the action. The	795
order shall be filed with the municipal or civil service township	796
civil service commission. Within ten days following the filing of	797
the order, the chief or member may file an appeal, in writing,	798
with the commission. If an appeal is filed, the commission shall	799
forthwith notify the appointing authority and shall hear, or	800
appoint a trial board to hear, the appeal within thirty days from	801
and after its filing with the commission, and it may affirm,	802
disaffirm, or modify the judgment of the appointing authority. An	803
appeal on questions of law and fact may be had from the decision	804
of the commission to the court of common pleas in the county in	805
which the city or civil service township is situated. The appeal	806
shall be taken within thirty days from the finding of the	807
commission.	808

(D) A violation of division (A)(7) of section 2907.03 of the	809
Revised Code is grounds for termination of employment of a	810
nonteaching employee under this section.	811

(E) As used in this section, "last chance agreement" means an	812
agreement signed by both an appointing authority and an officer or	813
employee of the appointing authority that describes the type of	814
behavior or circumstances that, if it occurs, will automatically	815
lead to removal of the officer or employee without the right of	816
appeal to the state personnel board of review or the appropriate	817
commission.	818

Sec. 124.38. EachBoth of the following shall be entitled	819
for each completed eighty hours of service to sick leave of four	820
and six-tenths hours with pay:	821

(A) Employees in the various offices of the county,	822
municipal, and civil service township service, other than	823
superintendents and management employees, as defined in section	824
5126.20 of the Revised Code, of county boards of mental	825
retardation and developmental disabilities;	826

(B) Employees of any state college or university;

827

(C) Employees of any board of education for whom sick leave	828
is not provided by section 3319.141 of the Revised Code.	829

Employees may use sick leave, upon approval of the	830
responsible administrative officer of the employing unit, for	831
absence due to personal illness, pregnancy, injury, exposure to	832
contagious disease that could be communicated to other employees,	833
and illness, injury, or death in the employee's immediate family.	834
Unused sick leave shall be cumulative without limit. When sick	835
leave is used, it shall be deducted from the employee's credit on	836
the basis of one hour for every one hour of absence from	837
previously scheduled work.	838

The previously accumulated sick leave of an employee who has	839
been separated from the public service shall be placed to the	840
employee's credit upon the employee's re-employment in the public	841
service, provided that the re-employment takes place within ten	842
years of the date on which the employee was last terminated from	843
public service. This ten-year period shall be tolled for any	844
period during which the employee holds elective public office,	845
whether by election or by appointment.	846

An employee who transfers from one public agency to another	847
shall be credited with the unused balance of the employee's	848
accumulated sick leave up to the maximum of the sick leave	849
accumulation permitted in the public agency to which the employee	850
transfers.	851

The appointing authorities of the various offices of the	852
county service may permit all or any part of a person's accrued	853
but unused sick leave acquired during service with any regional	854
council of government established in accordance with Chapter 167.	855
of the Revised Code to be credited to the employee upon a transfer	856
as if the employee were transferring from one public agency to	857
another under this section.	858

The appointing authority of each employing unit shall require	859
an employee to furnish a satisfactory written, signed statement to	860
justify the use of sick leave. If medical attention is required, a	861
certificate stating the nature of the illness from a licensed	862
physician shall be required to justify the use of sick leave.	863
Falsification of either a written, signed statement or a	864
physician's certificate shall be grounds for disciplinary action,	865
including dismissal.	866

This section does not interfere with existing unused sick	867
leave credit in any agency of government where attendance records	868
are maintained and credit has been given employees for unused sick	869
leave.	870

Notwithstanding this section or any other section of the	871
Revised Code, any appointing authority of a county office,	872
department, commission, board, or body may, upon notification to	873
the board of county commissioners, establish alternative schedules	874
of sick leave for employees of the appointing authority for whom	875
the state employment relations board has not established an	876
appropriate bargaining unit pursuant to section 4117.06 of the	877
Revised Code, as long as the alternative schedules are not	878
inconsistent with the provisions of at least one collective	879
bargaining agreement covering other employees of that appointing	880
authority, if such a collective bargaining agreement exists. If no	881
such collective bargaining agreement exists, an appointing	882
authority may, upon notification to the board of county	883
commissioners, establish an alternative schedule of sick leave for	884
its employees that does not diminish the sick leave benefits	885
granted by this section.	886

Sec. 124.40.  (A) The mayor or other chief appointing	887
authority of each city in the state shall appoint three persons,	888
one for a term of two years, one for a term of four years, and one	889
for a term of six years, who shall constitute the municipal civil	890
service commission of that city and of the city school district	891
and city health district in which that city is located. Each	892
alternate year thereafter the mayor or other chief appointing	893
authority shall appoint one person, as successor of the member	894
whose term expires, to serve six years. A vacancy shall be filled	895
by the mayor or other chief appointing authority for the unexpired	896
term. At the time of any appointment, not more than two	897
commissioners shall be adherents of the same political party.	898

The municipal civil service commission shall prescribe,	899
amend, and enforce rules not inconsistent with this chapter for	900
the classification of positions in the civil service of the city	901
and city school district, and all the positions in the city health	902
district; for examinations for and resignations from those	903
positions; for appointments, promotions, removals, transfers,	904
layoffs, suspensions, reductions, and reinstatements with respect	905
to those positions; and for standardizing those positions and	906
maintaining efficiency in them. The commission's rules shall	907
authorize each appointing authority of a city, city school	908
district, or city health district to develop and administer in a	909
manner it devises an evaluation system for the employees it	910
appoints. The commission shall exercise all other powers and	911
perform all other duties with respect to the civil service of the	912
city, city school district, and city health district, as	913
prescribed in this chapter and conferred upon the director of	914
administrative services and the state personnel board of review	915
with respect to the civil service of the state; and all authority	916
granted to the director and the board with respect to the service	917
under their jurisdiction shall, except as otherwise provided by	918
this chapter, be held to be granted to the commission with respect	919
to the service under its jurisdiction. The procedure applicable to	920
reductions, suspensions, and removals, as provided for in section	921
124.34 of the Revised Code, shall govern the civil service of	922
cities.	923

The expense and salaries of a municipal civil service	924
commission shall be determined by the legislative authority of the	925
city and a sufficient sum of money shall be appropriated each year	926
to carry out this chapter in the city.	927

All persons who are employed by a city school district, city	928
health district, or city health department when a municipal civil	929
service commission having jurisdiction over them is appointed, or	930
when they become subject to civil service by extension of civil	931
service to include new classifications of employees, shall	932
continue to hold their positions until removed in accordance with	933
the civil service laws.	934

If the appointing authority of any city fails to appoint a	935
civil service commission or commissioner, as provided by law,	936
within sixty days after the appointing authority has the power to	937
so appoint, or after a vacancy exists, the state personnel board	938
of review shall make the appointment, and the appointee shall hold	939
office until the expiration of the term of the appointing	940
authority of the city. If any municipal civil service commission	941
fails to prepare and submit rules or regulations in accordance	942
with this chapter, the board shall forthwith make those rules or	943
regulations. This chapter shall in all respects, except as	944
provided in this section, be in full force in cities with a civil	945
service commission.	946

Each municipal civil service commission shall make reports	947
from time to time, as the board requires, of the manner in which	948
the law and the rules and regulations under it have been and are	949
being administered, and the results of their administration, in	950
the city, city school district, and city health district. A copy	951
of the annual report of each municipal civil service commission	952
shall be filed in the office of the board as a public record.	953

Whenever the board has reason to believe that a municipal	954
civil service commission is violating or is failing to perform the	955
duties imposed upon it by law, or that any member of a municipal	956
civil service commission is willfully or through culpable	957
negligence violating the law or failing to perform official duties	958
as a member of the commission, it shall institute an	959
investigation, and if, in the judgment of the board, it finds any	960
such violation or failure to perform the duties imposed by law, it	961
shall make a report of the violation or failure in writing to the	962
chief executive authority of the city, which report shall be a	963
public record.	964

Upon the receipt of a report from the board charging the	965
municipal civil service commission with violating or failing to	966
perform the duties imposed upon it by law, or charging any member	967
of the commission with willfully or through culpable negligence	968
violating the law or failing to perform official duties as a	969
member of the commission, along with the evidence on which the	970
report is based, the chief executive authority of the city shall	971
forthwith remove the municipal civil service commissioner or	972
commissioners. In all cases of removal of a municipal civil	973
service commissioner by the chief executive authority of any city,	974
an appeal may be had to the court of common pleas, in the county	975
in which the city is situated, to determine the sufficiency of the	976
cause of removal. The appeal shall be taken within ten days from	977
the decision of the chief executive authority. If the court	978
disaffirms the judgment of the chief executive authority, the	979
commissioner shall be reinstated to the commissioner's former	980
position on the commission.	981

The chief executive authority of a city with a municipal	982
civil service commission may remove at any time any commissioner	983
for inefficiency, neglect of duty, or malfeasance in office,	984
having first given to the commissioner a copy of the charges and	985
an opportunity to be publicly heard in person or by counsel in	986
defense.	987

The mayor has the exclusive right to suspend the chief of the	988
police department or the chief of the fire department for	989
incompetence, gross neglect of duty, gross immorality, habitual	990
drunkenness, failure to obey orders given by the proper authority,	991
or any other reasonable and just cause. If either the chief of	992
police or the chief of the fire department is so suspended, the	993
mayor forthwith shall certify that fact, together with the cause	994
of the suspension, to the municipal civil service commission.	995
Within five days from the date of receipt of the notice, the	996
commission shall proceed to hear the charges and render judgment	997
on them. The judgment may affirm, disaffirm, or modify the	998
judgment of the mayor, and an appeal may be had from the decision	999
of the commission to the court of common pleas as provided in	1000
section 124.34 of the Revised Code to determine the sufficiency of	1001
the cause of removal.	1002

(B) The board of trustees of a township that has a population	1003
of ten thousand or more persons residing within the township and	1004
outside any municipal corporation and that has a police or fire	1005
department of ten or more full-time paid employees may appoint	1006
three persons to constitute the township civil service commission.	1007
Of the initial appointments made to the commission, one shall be	1008
for a term ending two years after the date of initial appointment,	1009
one shall be for a term ending four years after that date, and one	1010
shall be for a term ending six years after that date. Thereafter,	1011
terms of office shall be for six years, each term ending on the	1012
same day of the same month as did the term which it succeeds. Each	1013
member shall hold office from the date of appointment until the	1014
end of the term for which the member was appointed. Any member	1015
appointed to fill a vacancy occurring prior to the expiration of	1016
the term for which the member's predecessor was appointed shall	1017
hold office for the remainder of that term. Any member shall	1018
continue in office subsequent to the expiration date of the	1019
member's term until a successor takes office, or until a period of	1020
sixty days has elapsed, whichever occurs first. At the time of any	1021
appointment, not more than two commissioners shall be adherents of	1022
the same political party.	1023

The board of township trustees shall determine the	1024
compensation and expenses to be paid to the members of the	1025
township civil service commission. The powers and duties conferred	1026
on municipal civil service commissions and the supervisory	1027
authority of the state personnel board of review under division	1028
(A) of this section shall be applicable to the civil service	1029
commission of a civil service township.	1030

The board of township trustees has the exclusive right to	1031
suspend the chief of the police or fire department of the township	1032
in the same manner as provided in division (A) of this section for	1033
municipal chiefs.	1034

The jurisdiction of the township civil service commission is	1035
limited to employees of the township fire or police department and	1036
then only if the department has ten or more full-time paid	1037
employees, and it does not extend to any other township employees.	1038

Sec. 124.57.  (A) No officer or employee in the classified	1039
service of the state, the several counties,and cities, and city	1040
school districts of the state, or the civil service townships of	1041
the state shall directly or indirectly, orally or by letter,	1042
solicit or receive, or be in any manner concerned in soliciting or	1043
receiving, any assessment, subscription, or contribution for any	1044
political party or for any candidate for public office; nor shall	1045
any person solicit directly or indirectly, orally or by letter, or	1046
be in any manner concerned in soliciting, any such assessment,	1047
contribution, or payment from any officer or employee in the	1048
classified service of the state, the several counties,or cities,	1049
or city school districts of the state, or the civil service	1050
townships of the state; nor shall any officer or employee in the	1051
classified service of the state, the several counties,and cities,	1052
and city school districts of the state, or the civil service	1053
townships of the state be an officer in any political organization	1054
or take part in politics other than to vote as the officer or	1055
employee pleases and to express freely political opinions.	1056

(B)(1) Nothing in division (A) of this section prohibits an	1057
officer or employee described in that division from serving as a	1058
precinct election official under section 3501.22 of the Revised	1059
Code.	1060

(2) Nothing in division (A) of this section prohibits an	1061
employee of the Ohio cooperative extension service whose position	1062
is transferred from the unclassified civil service to the	1063
classified civil service and who also holds the office of	1064
president of a city legislative authority from completing the	1065
existing term of office as president.	1066

Sec. 3301.07.  The state board of education shall exercise	1067
under the acts of the general assembly general supervision of the	1068
system of public education in the state. In addition to the powers	1069
otherwise imposed on the state board under the provisions of law,	1070
the board shall have the following powers:	1071

(A) Exercise policy forming, planning, and evaluative	1072
functions for the public schools of the state, and for adult	1073
education, except as otherwise provided by law;	1074

(B) Exercise leadership in the improvement of public	1075
education in this state, and administer the educational policies	1076
of this state relating to public schools, and relating to	1077
instruction and instructional material, building and equipment,	1078
transportation of pupils, administrative responsibilities of	1079
school officials and personnel, and finance and organization of	1080
school districts, educational service centers, and territory.	1081
Consultative and advisory services in such matters shall be	1082
provided by the board to school districts and educational service	1083
centers of this state. The board also shall develop a standard of	1084
financial reporting which shall be used by all school districts	1085
and educational service centers to make their financial	1086
information available to the public in a format understandable by	1087
the average citizen and provide year-to-year comparisons for at	1088
least five years. The format shall show, among other things,	1089
district and educational service center revenue by source;	1090
expenditures for salaries, wages, and benefits of employees,	1091
showing such amounts separately for classroom teachers, other	1092
employees required to hold licenses issued pursuant to sections	1093
3319.22 to 3319.31 of the Revised Code, and all other employees;	1094
expenditures other than for personnel, by category, including	1095
utilities, textbooks and other educational materials, equipment,	1096
permanent improvements, pupil transportation, extracurricular	1097
athletics, and other extracurricular activities; and per pupil	1098
expenditures.	1099

(C) Administer and supervise the allocation and distribution	1100
of all state and federal funds for public school education under	1101
the provisions of law, and may prescribe such systems of	1102
accounting as are necessary and proper to this function. It may	1103
require county auditors and treasurers, boards of education,	1104
educational service center governing boards, treasurers of such	1105
boards, teachers, and other school officers and employees, or	1106
other public officers or employees, to file with it such reports	1107
as it may prescribe relating to such funds, or to the management	1108
and condition of such funds.	1109

(D) Formulate and prescribe minimum standards to be applied	1110
to all elementary and secondary schools in this state for the	1111
purpose of requiringpromoting a general education of high	1112
quality. Such standards shall provide adequately for: the	1113
licensing of teachers, administrators, and other professional	1114
personnel and their assignment according to training and	1115
qualifications; efficient and effective instructional materials	1116
and equipment, including library facilities; the proper	1117
organization, administration, and supervision of each school,	1118
including regulations for preparing all necessary records and	1119
reports and the preparation of a statement of policies and	1120
objectives for each school; buildings, grounds, health and	1121
sanitary facilities and services; admission of pupils, and such	1122
requirements for their promotion from grade to grade as will	1123
assure that they are capable and prepared for the level of study	1124
to which they are certified; requirements for graduation; and such	1125
other factors as the board finds necessary; however, those	1126
standards shall not require school districts to perform duties or	1127
to abstain from activities not specifically required or prohibited	1128
in this title.	1129

In the formulation and administration of such standards for	1130
nonpublic schools the board shall also consider the particular	1131
needs, methods and objectives of those schools, provided they do	1132
not conflict with the provision of a general education of a high	1133
quality and provided that regular procedures shall be followed for	1134
promotion from grade to grade of pupils who have met the	1135
educational requirements prescribed.	1136

(E) May requirepromote as part of the health curriculum	1137
information developed under section 2108.34 of the Revised Code	1138
promoting the donation of anatomical gifts pursuant to Chapter	1139
2108. of the Revised Code and may provide the information to high	1140
schools, educational service centers, and joint vocational school	1141
district boards of education;	1142

(F) Prepare and submit annually to the governor and the	1143
general assembly a report on the status, needs, and major problems	1144
of the public schools of the state, with recommendations for	1145
necessary legislative action and a ten-year projection of the	1146
state's public and nonpublic school enrollment, by year and by	1147
grade level;	1148

(G) Prepare and submit to the director of budget and	1149
management the biennial budgetary requests of the state board of	1150
education, for its agencies and for the public schools of the	1151
state;	1152

(H) Cooperate with federal, state, and local agencies	1153
concerned with the health and welfare of children and youth of the	1154
state;	1155

(I) Require such reports from school districts and	1156
educational service centers, school officers, and employees as are	1157
necessary and desirableto comply with requirements of this title.	1158
The superintendents and treasurers of school districts and	1159
educational service centers shall certify as to the accuracy of	1160
all reports required by law or state board or state department of	1161
education rules to be submitted by the district or educational	1162
service center and which contain information necessary for	1163
calculation of state funding. Any superintendent who knowingly	1164
falsifies such report shall be subject to license revocation	1165
pursuant to section 3319.31 of the Revised Code.	1166

(J) In accordance with Chapter 119. of the Revised Code,	1167
adopt procedures, standards, and guidelines for the education of	1168
children with disabilities pursuant to Chapter 3323. of the	1169
Revised Code, including procedures, standards, and guidelines	1170
governing programs and services operated by county boards of	1171
mental retardation and developmental disabilities pursuant to	1172
section 3323.09 of the Revised Code;	1173

(K) For the purpose of encouraging the development of special	1174
programs of education for academically gifted children, employ	1175
competent persons to analyze and publish data, promote research,	1176
advise and counsel with boards of education, and encourage the	1177
training of teachers in the special instruction of gifted	1178
children. The board may provide financial assistance out of any	1179
funds appropriated for this purpose to boards of education and	1180
educational service center governing boards for developing and	1181
conducting programs of education for academically gifted children.	1182

(L) Require that all public schools emphasizeEmphasize and	1183
encourage, within existing units of study, the teaching of energy	1184
and resource conservation as recommended to each district board of	1185
education by leading business persons involved in energy	1186
production and conservation, beginning in the primary grades;	1187

(M) Formulate and prescribe minimum standards requiring	1188
promoting the use of phonics as a technique in the teaching of	1189
reading in grades kindergarten through three. In addition, the	1190
state board shall provide in-service training programs for	1191
teachers on the use of phonics as a technique in the teaching of	1192
reading in grades kindergarten through three.	1193

(N) Develop and modify as necessary a state plan for	1194
technology to encourage and promote the use of technological	1195
advancements in educational settings.	1196

The board may adopt rules necessary for carrying out any	1197
function imposed on it by law, and may provide rules as are	1198
necessary for its government and the government of its employees,	1199
and may delegate to the superintendent of public instruction the	1200
management and administration of any function imposed on it by	1201
law. It may provide for the appointment of board members to serve	1202
on temporary committees established by the board for such purposes	1203
as are necessary. Permanent or standing committees shall not be	1204
created.	1205

Sec. 3301.072.  The state board of education shall establish	1206
continuing programs of in-service training in school district	1207
budget and finance for superintendents of schools or their	1208
designees, business managers, members of boards of education, and	1209
treasurers of boards of education for the purpose of enhancing	1210
their background and working knowledge of government accounting,	1211
state and federal laws relating to school district budgeting and	1212
financing, financial report preparation, rules of the auditor of	1213
state, and budget and accounting management.	1214

The manner and content of each training program shall be	1215
determined and provided by the state board of education after	1216
consultation with the department of taxation and the auditor of	1217
state. The state board may enter into contracts with the	1218
department and the auditor of state to supply, at cost, any	1219
assistance required to enable the board to perform its duties	1220
under this section.	1221

Each superintendent or his designee of a superintendent,	1222
treasurer or treasurer pro tempore, and business manager shall	1223
may, but shall not be required to, attend onea training program	1224
provided under this section each year.	1225

Sec. 3311.10.  If an exempted village school district fails	1226
to contain within its territorial boundaries territory lying	1227
within the corporate limits of a village having a population,	1228
according to the latest federal census of two thousand or more,	1229
such exempted village school district shall become a local school	1230
district, subject to the supervision of the educational service	1231
center governing board for the school year commencing the first	1232
day of July following the publication by the secretary of state of	1233
such census, and thereafter. This section does not apply to any	1234
exempted village school district organized as such exempted	1235
village school district prior to June 1, 1943.	1236

The board of education of an exempted village school district	1237
that contains within its boundaries all or part of two or more	1238
municipal corporations, the aggregate population of which totals	1239
five thousand or more as determined by the preceding federal	1240
census, may, by a majority vote of the full membership of the	1241
board, propose that such district become a city school district.	1242
The proposal shall be filed with the state board of education. The	1243
state board of education shall either approve or disapprove the	1244
proposal and shall notify, in writing, the board of education of	1245
the district of its decision within ninety days of the day on	1246
which the proposal was received.	1247

A school district created by the state board of education	1248
under section 3311.37 of the Revised Code which includes any	1249
combination of two or more exempted village or local school	1250
districts may be designated as a city school district by the state	1251
board of education, provided the aggregate population of the newly	1252
created district totals five thousand or more as determined by the	1253
last federal or special census and provided there is contained	1254
within its boundaries all or part of a municipal corporation.	1255

When a governing board of an educational service center is	1256
dissolved pursuant to section 3311.37 of the Revised Code the	1257
employees shall be assured the opportunity of continued employment	1258
in the newly created school district in similar positions at no	1259
reduction in salary until the expiration of the existing	1260
contracts. Nonteaching school employees of city school districts,	1261
created pursuant to this section, shall not be employed pursuant	1262
to Chapter 124. of the Revised Code, except that sick leave shall	1263
be granted pursuant to section 124.38 of the Revised Code.	1264

Sec. 3311.19.  (A) The management and control of a joint	1265
vocational school district shall be vested in the joint vocational	1266
school district board of education. Where a joint vocational	1267
school district is composed only of two or more local school	1268
districts located in one county, or when all the participating	1269
districts are in one county and the boards of such participating	1270
districts so choose, the educational service center governing	1271
board of the county in which the joint vocational school district	1272
is located shall serve as the joint vocational school district	1273
board of education. Where a joint vocational school district is	1274
composed of local school districts of more than one county, or of	1275
any combination of city, local, or exempted village school	1276
districts or educational service centers, unless administration by	1277
the educational service center governing board has been chosen by	1278
all the participating districts in one county pursuant to this	1279
section, the board of education of the joint vocational school	1280
district shall be composed of one or more persons who are members	1281
of the boards of education from each of the city or exempted	1282
village school districts or members of the educational service	1283
centers' governing boards affected to be appointed by the boards	1284
of education or governing boards of such school districts and	1285
educational service centers. In such joint vocational school	1286
districts the number and terms of members of the joint vocational	1287
school district board of education and the allocation of a given	1288
number of members to each of the city and exempted village	1289
districts and educational service centers shall be determined in	1290
the plan for such district, provided that each such joint	1291
vocational school district board of education shall be composed of	1292
an odd number of members.	1293

(B) Notwithstanding division (A) of this section, a governing	1294
board of an educational service center that has members of its	1295
governing board serving on a joint vocational school district	1296
board of education may make a request to the joint vocational	1297
district board that the joint vocational school district plan be	1298
revised to provide for one or more members of boards of education	1299
of local school districts that are within the territory of the	1300
educational service district and within the joint vocational	1301
school district to serve in the place of or in addition to its	1302
educational service center governing board members. If agreement	1303
is obtained among a majority of the boards of education and	1304
governing boards that have a member serving on the joint	1305
vocational school district board of education and among a majority	1306
of the local school district boards of education included in the	1307
district and located within the territory of the educational	1308
service center whose board requests the substitution or addition,	1309
the state board of education may revise the joint vocational	1310
school district plan to conform with such agreement.	1311

(C) If the board of education of any school district or	1312
educational service center governing board included within a joint	1313
vocational district that has had its board or governing board	1314
membership revised under division (B) of this section requests the	1315
joint vocational school district board to submit to the state	1316
board of education a revised plan under which one or more joint	1317
vocational board members chosen in accordance with a plan revised	1318
under such division would again be chosen in the manner prescribed	1319
by division (A) of this section, the joint vocational board shall	1320
submit the revised plan to the state board of education, provided	1321
the plan is agreed to by a majority of the boards of education	1322
represented on the joint vocational board, a majority of the local	1323
school district boards included within the joint vocational	1324
district, and each educational service center governing board	1325
affected by such plan. The state board of education may revise the	1326
joint vocational school district plan to conform with the revised	1327
plan.	1328

(D) The vocational schools in such joint vocational school	1329
district shall be available to all youth of school age within the	1330
joint vocational school district subject to the rules adopted by	1331
the joint vocational school district board of education in regard	1332
to the standards requisite to admission. A joint vocational school	1333
district board of education shall have the same powers, duties,	1334
and authority for the management and operation of such joint	1335
vocational school district as is granted by law, except by this	1336
chapter and Chapters 124., 3317., 3323., and 3331. of the Revised	1337
Code, to a board of education of a city school district, and shall	1338
be subject to all the provisions of law that apply to a city	1339
school district, except such provisions in this chapter and	1340
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	1341

(E) Where a governing board of an educational service center	1342
has been designated to serve as the joint vocational school	1343
district board of education, the educational service center	1344
superintendent shall be the executive officer for the joint	1345
vocational school district, and the governing board may provide	1346
for additional compensation to be paid to the educational service	1347
center superintendent by the joint vocational school district, but	1348
the educational service center superintendent shall have no	1349
continuing tenure other than that of educational service center	1350
superintendent. The superintendent of schools of a joint	1351
vocational school district shall exercise the duties and authority	1352
vested by law in a superintendent of schools pertaining to the	1353
operation of a school district and the employment and supervision	1354
of its personnel. The joint vocational school district board of	1355
education shall appoint a treasurer of the joint vocational school	1356
district who shall be the fiscal officer for such district and who	1357
shall have all the powers, duties, and authority vested by law in	1358
a treasurer of a board of education. Where a governing board of an	1359
educational service center has been designated to serve as the	1360
joint vocational school district board of education, such board	1361
may appoint the educational service center superintendent as the	1362
treasurer of the joint vocational school district.	1363

(F) Each member of a joint vocational school district board	1364
of education may be paid such compensation as the board provides	1365
by resolution, but it shall not exceed one hundred twenty-five	1366
dollars per member for each meeting attended plus mileage, at the	1367
rate per mile provided by resolution of the board, to and from	1368
meetings of the board.	1369

The board may provide by resolution for the deduction of	1370
amounts payable for benefits under section 3313.202 of the Revised	1371
Code. No member of a board of a joint vocational school district	1372
who is purchasing any category of benefits offered by a city,	1373
local, or exempted village school board or educational service	1374
center governing board, shall purchase the same category of	1375
benefits as a member of the joint vocational school board.	1376

Each member of a joint vocational school district board may	1377
be paid such compensation as the board provides by resolution for	1378
attendance at an approved training program, provided that such	1379
compensation shall not exceed sixty dollars per day for attendance	1380
at a training program three hours or fewer in length and one	1381
hundred twenty-five dollars a day for attendance at a training	1382
program longer than three hours in length. However, no board	1383
member shall be compensated for the same training program under	1384
this section and section 3313.12 of the Revised Code.	1385

Sec. 3311.52.  A cooperative education school district may be	1386
established pursuant to divisions (A) to (C) of this section or	1387
pursuant to section 3311.521 of the Revised Code.	1388

(A) A cooperative education school district may be	1389
established upon the adoption of identical resolutions within a	1390
sixty-day period by a majority of the members of the board of	1391
education of each city, local, and exempted village school	1392
district that is within the territory of a county school financing	1393
district.	1394

A copy of each resolution shall be filed with the board of	1395
education of the educational service center which created the	1396
county school financing district. Upon the filing of the last such	1397
resolution, the educational service center governing board shall	1398
immediately notify each board of education filing such a	1399
resolution of the date on which the last resolution was filed.	1400

Ten days after the date on which the last resolution is filed	1401
with the educational service center governing board or ten days	1402
after the last of any notices required under division (C) of this	1403
section is received by the educational service center governing	1404
board, whichever is later, the county school financing district	1405
shall be dissolved and the new cooperative education school	1406
district and the board of education of the cooperative education	1407
school district shall be established.	1408

On the date that any county school financing district is	1409
dissolved and a cooperative education school district is	1410
established under this section, each of the following shall apply:	1411

(1) The territory of the dissolved district becomes the	1412
territory of the new district.	1413

(2) Any outstanding tax levy in force in the dissolved	1414
district shall be spread over the territory of the new district	1415
and shall remain in force in the new district until the levy	1416
expires or is renewed.	1417

(3) Any funds of the dissolved district shall be paid over in	1418
full to the new district.	1419

(4) Any net indebtedness of the dissolved district shall be	1420
assumed in full by the new district. As used in division (A)(4) of	1421
this section, "net indebtedness" means the difference between the	1422
par value of the outstanding and unpaid bonds and notes of the	1423
dissolved district and the amount held in the sinking fund and	1424
other indebtedness retirement funds for their redemption.	1425

When a county school financing district is dissolved and a	1426
cooperative education school district is established under this	1427
section, the governing board of the educational service center	1428
that created the dissolved district shall give written notice of	1429
this fact to the county auditor and the board of elections of each	1430
county having any territory in the new district.	1431

(B) The resolutions adopted under division (A) of this	1432
section shall include all of the following provisions:	1433

(1) Provision that the governing board of the educational	1434
service center which created the county school financing district	1435
shall be the board of education of the cooperative education	1436
school district, except that provision may be made for the	1437
composition, selection, and terms of office of an alternative	1438
board of education of the cooperative district, which board shall	1439
include at least one member selected from or by the members of the	1440
board of education of each city, local, and exempted village	1441
school district and at least one member selected from or by the	1442
members of the educational service center governing board within	1443
the territory of the cooperative district;	1444

(2) Provision that the treasurer and superintendent of the	1445
educational service center which created the county school	1446
financing district shall be the treasurer and superintendent of	1447
the cooperative education school district, except that provision	1448
may be made for the selection of a treasurer or superintendent of	1449
the cooperative district other than the treasurer or	1450
superintendent of the educational service center, which provision	1451
shall require one of the following:	1452

(a) The selection of one person as both the treasurer and	1453
superintendent of the cooperative district, which provision may	1454
require such person to be the treasurer or superintendent of any	1455
city, local, or exempted village school district or educational	1456
service center within the territory of the cooperative district;	1457

(b) The selection of one person as the treasurer and another	1458
person as the superintendent of the cooperative district, which	1459
provision may require either one or both such persons to be	1460
treasurers or superintendents of any city, local, or exempted	1461
village school districts or educational service center within the	1462
territory of the cooperative district.	1463

(3) A statement of the educational program the board of	1464
education of the cooperative education school district will	1465
conduct, including but not necessarily limited to the type of	1466
educational program, the grade levels proposed for inclusion in	1467
the program, the timetable for commencing operation of the	1468
program, and the facilities proposed to be used or constructed to	1469
be used by the program;	1470

(4) A statement of the annual amount, or the method for	1471
determining that amount, of funds or services or facilities that	1472
each city, local, and exempted village school district within the	1473
territory of the cooperative district is required to pay to or	1474
provide for the use of the board of education of the cooperative	1475
education school district;	1476

(5) Provision for adopting amendments to the provisions of	1477
divisions (B)(2) to (4) of this section.	1478

(C) If the resolutions adopted under division (A) of this	1479
section provide for a board of education of the cooperative	1480
education school district that is not the governing board of the	1481
educational service center that created the county school	1482
financing district, each board of education of each city, local,	1483
or exempted village school district and the governing board of the	1484
educational service center within the territory of the cooperative	1485
district shall, within thirty days after the date on which the	1486
last resolution is filed with the educational service center	1487
governing board under division (A) of this section, select one or	1488
more members of the board of education of the cooperative district	1489
as provided in the resolutions filed with the educational service	1490
center governing board. Each such board shall immediately notify	1491
the educational servicesservice center governing board of each	1492
such selection.	1493

(D) Except for the powers and duties in this chapter and	1494
Chapters 124., 3317., 3318., 3323., and 3331. of the Revised Code,	1495
a cooperative education school district established pursuant to	1496
divisions (A) to (C) of this section or pursuant to section	1497
3311.521 of the Revised Code has all the powers of a city school	1498
district and its board of education has all the powers and duties	1499
of a board of education of a city school district with respect to	1500
the educational program specified in the resolutions adopted under	1501
division (A) of this section. All laws applicable to a city school	1502
district or the board of education or the members of the board of	1503
education of a city school district, except such laws in this	1504
chapter and Chapters 124., 3317., 3318., 3323., and 3331. of the	1505
Revised Code, are applicable to a cooperative education school	1506
district and its board.	1507

The treasurer and superintendent of a cooperative education	1508
school district shall have the same respective duties and powers	1509
as a treasurer and superintendent of a city school district,	1510
except for any powers and duties in this chapter and Chapters	1511
124., 3317., 3318., 3323., and 3331. of the Revised Code.	1512

(E) For purposes of this title, any student included in the	1513
formula ADM certified for any city, exempted village, or local	1514
school district under section 3317.03 of the Revised Code by	1515
virtue of being counted, in whole or in part, in the average daily	1516
membership of a cooperative education school district under	1517
division (A)(2)(f) of that section shall be construed to be	1518
enrolled both in that city, exempted village, or villagelocal	1519
school district and in that cooperative education school district.	1520
This division shall not be construed to mean that any such	1521
individual student may be counted more than once for purposes of	1522
determining the average daily membership of any one school	1523
district.	1524

Sec. 3311.72.  This section does not apply to any principal,	1525
assistant principal, or other administrator who is employed to	1526
perform administrative functions primarily within one school	1527
building.	1528

(A) On the effective date of the assumption of control of a	1529
municipal school district by the new board of education pursuant	1530
to division (B) of section 3311.71 of the Revised Code, the	1531
treasurer, business manager, superintendent, assistant	1532
superintendents, and other administrators of the school district	1533
shall submit their resignations to the board. As used in this	1534
section, "other administrator" has the same meaning as in section	1535
3319.02 of the Revised Code.	1536

(B) Notwithstanding Chapter 3319. of the Revised Code:

1537

(1) Until thirty months after the date of the assumption of	1538
control of a municipal school district by a board pursuant to	1539
division (B) of section 3311.71 of the Revised Code, the mayor	1540
shall appoint the chief executive officer and fill any vacancies	1541
occurring in that position.	1542

(2) After the board appointed pursuant to division (B) of	1543
section 3311.71 of the Revised Code has been in control of a	1544
municipal school district for thirty months, the mayor shall	1545
appoint the chief executive officer and fill any vacancies	1546
occurring in that position, with the concurrence of the board.	1547

(3) After the first date of the assumption of control of a	1548
municipal school district by a board pursuant to division (F) of	1549
section 3311.71 of the Revised Code, the board shall appoint the	1550
chief executive officer and fill any vacancies occurring in that	1551
position, with the concurrence of the mayor.	1552

(4) An individual appointed to the position of chief	1553
executive officer under division (B)(1), (2), or (3) of this	1554
section shall have a contract with the school district that	1555
includes such terms and conditions of employment as are agreeable	1556
to the board and the appointee, except that each such contract	1557
shall contain a provision stating that, unless the individual	1558
chooses to terminate the contract at a prior time:	1559

(a) During the first thirty months after the date of the	1560
assumption of control of the municipal school district by the	1561
board pursuant to division (B) of section 3311.71 of the Revised	1562
Code, the individual will serve at the pleasure of the mayor;	1563

(b) Beginning thirty months after the date of assumption of	1564
control, the individual will serve at the pleasure of the board,	1565
with the mayor's concurrence required for removal.	1566

(C) The chief executive officer shall appoint a chief	1567
financial officer, a chief academic officer, a chief operating	1568
officer, and a chief communications officer and any other	1569
administrators for the district as the chief executive officer	1570
shall determine to be necessary. The chief executive officer shall	1571
also appoint ombudspersons who shall answer questions and seek to	1572
resolve problems and concerns raised by parents and guardians of	1573
children attending district schools. The chief executive officer	1574
shall appoint a sufficient number of ombudspersons to serve the	1575
needs of the parents and guardians.	1576

A municipal school district is not required to have a	1577
superintendent appointed pursuant to section 3319.01 of the	1578
Revised Code or a treasurer elected pursuant to section 3313.22 of	1579
the Revised Code. In addition to the rights, authority, and duties	1580
conferred upon the chief executive officer and chief financial	1581
officer in sections 3311.71 to 3311.76 of the Revised Code, the	1582
chief executive officer and the chief financial officer shall have	1583
all of the rights, authority, and duties conferred upon the	1584
superintendent of a school district and the treasurer of a board	1585
of education, respectively, by the Revised Code that are not	1586
inconsistent with sections 3311.71 to 3311.76 of the Revised Code.	1587

(D) Notwithstanding Chapters 124. andChapter 3319. of the	1588
Revised Code, an individual appointed to an administrative	1589
position in a municipal school district by its chief executive	1590
officer shall have a contract with the school district that	1591
includes such terms and conditions of employment as are agreeable	1592
to the chief executive officer and the appointee, except that each	1593
such contract shall contain a provision stating that, unless the	1594
appointee chooses to terminate the contract at a prior time, the	1595
appointee will serve at the pleasure of the chief executive	1596
officer.	1597

(E) The chief executive officer shall also contract for or	1598
employ such consultants, counsel, or other outside parties as in	1599
the chief executive officer's reasonable judgment shall be	1600
necessary to design, implement, or evaluate the plan required by	1601
section 3311.74 of the Revised Code and to properly operate the	1602
school district, subject to appropriations by the board.	1603

(F) Notwithstanding section 3301.074 and Chapter 3319. of the	1604
Revised Code, no person appointed under this section shall be	1605
required to hold any license, certificate, or permit.	1606

Sec. 3313.12.  Each member of the educational service center	1607
governing board may be paid such compensation as the governing	1608
board provides by resolution, provided that any such compensation	1609
shall not exceed one hundred twenty-five dollars a day plus	1610
mileage both ways, at the rate per mile provided by resolution of	1611
the governing board, for attendance at any meeting of the board.	1612
Such compensation and the expenses of the educational service	1613
center superintendent, itemized and verified, shall be paid from	1614
the educational service center governing board fund upon vouchers	1615
signed by the president of the governing board.	1616

The board of education of any city, local, or exempted	1617
village school district may provide by resolution for compensation	1618
of its members, provided that such compensation shall not exceed	1619
one hundred twenty-five dollars per member for meetings attended.	1620
The board may provide by resolution for the deduction of amounts	1621
payable for benefits under section 3313.202 of the Revised Code.	1622

Each member of a district board or educational service center	1623
governing board may be paid such compensation as the respective	1624
board provides by resolution for attendance at an approved	1625
training program, provided that such compensation shall not exceed	1626
sixty dollars a day for attendance at a training program three	1627
hours or fewer in length and one hundred twenty-five dollars a day	1628
for attendance at a training program longer than three hours in	1629
length.	1630

Sec. 3313.20.  (A) The board of education of a school	1631
district or the governing board of an educational service center	1632
shallmay make any rules that are necessary for its government and	1633
the government of its employees, pupils of its schools, and all	1634
other persons entering upon its school grounds or premises. Rules	1635
regarding entry of persons other than students, staff, and faculty	1636
upon school grounds or premises shallmay be posted conspicuously	1637
at or near the entrance to the school grounds or premises, or near	1638
the perimeter of the school grounds or premises, if there are no	1639
formal entrances, and at the main entrance to each school	1640
building.	1641

(B)(1) The board of education of each city, local, exempted	1642
village, or joint vocational school district may adopt a written	1643
policy that authorizes principals of public schools within the	1644
district or their designees to do one or both of the following:	1645

(a) Search any pupil's locker and the contents of the locker	1646
that is searched if the principal reasonably suspects that the	1647
locker or its contents contains evidence of a pupil's violation of	1648
a criminal statute or of a school rule;	1649

(b) Search any pupil's locker and the contents of any pupil's	1650
locker at any time if the board of education posts in a	1651
conspicuous place in each school building that has lockers	1652
available for use by pupils a notice that the lockers are the	1653
property of the board of education and that the lockers and the	1654
contents of all the lockers are subject to random search at any	1655
time without regard to whether there is a reasonable suspicion	1656
that any locker or its contents contains evidence of a violation	1657
of a criminal statute or a school rule.	1658

(2) A board of education's adoption of or failure to adopt a	1659
written policy pursuant to division (B)(1) of this section does	1660
not prevent the principal of any school from searching at any time	1661
the locker of any pupil and the contents of any locker of any	1662
pupil in the school if an emergency situation exists or appears to	1663
exist that immediately threatens the health or safety of any	1664
person, or threatens to damage or destroy any property, under the	1665
control of the board of education and if a search of lockers and	1666
the contents of the lockers is reasonably necessary to avert that	1667
threat or apparent threat.	1668

(C) Any employee may receive compensation and expenses for	1669
days on which hethe employee is excused, in accordance with the	1670
policy statement of the board, by the superintendent of such board	1671
or by a responsible administrative official designated by the	1672
superintendent for the purpose of attending professional meetings	1673
as defined by the board policy, and the board may provide and pay	1674
the salary of a substitute for such days. The expenses thus	1675
incurred by an employee shall be paid by the board from the	1676
appropriate fund of the school district or the educational service	1677
center governing board fund provided that statements of expenses	1678
are furnished in accordance with the policy statement of the	1679
board.	1680

(D) Each city, local, and exempted village school district	1681
shallmay adopt a written policy governing the attendance of	1682
employees at professional meetings.	1683

Sec. 3313.202. Any elected or appointed member of the board	1684
of education of a school district and the dependent children and	1685
spouse of the member may be covered, at the option of the member,	1686
under any health care plan containing best practices prescribed	1687
by the school employees health care board under section 9.901 of	1688
the Revised Code. The member shall pay all premiums for that	1689
coverage. Payments for such coverage shall be made, in advance,	1690
in a manner prescribed by the school employees health care board.	1691
The member's exercise of an option to be covered under this	1692
section shall be in writing, announced at a regular public	1693
meeting of the board of education, and recorded as a public	1694
record in the minutes of the board.(A) The board of education of	1695
a school district may procure and pay all or part of the cost of	1696
group term life, hospitalization, surgical care, or major medical	1697
insurance, disability, dental care, vision care, medical care,	1698
hearing aids, prescription drugs, sickness and accident	1699
insurance, group legal services, or a combination of any of the	1700
foregoing types of insurance or coverage, whether issued by an	1701
insurance company or a health insuring corporation duly licensed	1702
by this state, covering the teaching or nonteaching employees of	1703
the school district, or a combination of both, or the dependent	1704
children and spouses of such employees.	1705

(B) The board may provide the benefits described in this	1706
section through an individual self-insurance program or a joint	1707
self-insurance program as provided in section 9.833 of the Revised	1708
Code.	1709

Sec. 3313.33.  (A) Conveyances made by a board of education	1710
shall be executed by the president and treasurer thereof.	1711

(B) Except as provided in division (C) of this section, no	1712
member of the board shall have, directly or indirectly, any	1713
pecuniary interest in any contract of the board or be employed in	1714
any manner for compensation by the board of which the person is a	1715
member. No contract shall be binding upon any board unless it is	1716
made or authorized at a regular or special meeting of such board.	1717

(C) A member of the board may have a pecuniary interest in a	1718
contract of the board if all of the following apply:	1719

(1) The member's pecuniary interest in that contract is that	1720
the member is employed by a political subdivision,	1721
instrumentality, or agency of the state that is contracting with	1722
the board;	1723

(2) The member does not participate in any discussion or	1724
debate regarding the contract or vote on the contract;	1725

(3) The member files with the school district treasurer an	1726
affidavit stating the member's exact employment status with the	1727
political subdivision, instrumentality, or agency contracting with	1728
the board.	1729

(D) This section does not apply where a member of the board,	1730
being a shareholder of a corporation but not being an officer or	1731
director thereof, owns not in excess of five per cent of the stock	1732
of such corporation. If a stockholder desires to avail self of the	1733
exception, before entering upon such contract such person shall	1734
first file with the treasurer an affidavit stating the	1735
stockholder's exact status and connection with said corporation.	1736

This section does not apply where a member of the board	1737
elects to be covered by a health care plan under section	1738
3313.202 of the Revised Code.	1739

Sec. 3313.53. (A) As used in this section:

1740

(1) "Licensed individual" means an individual who holds a	1741
valid educator license, certificate, or permit issued by the state	1742
board of education under section 3319.22, 3319.26, 3319.27,	1743
3319.302, or 3319.304 of the Revised Code.	1744

(2) "Nonlicensed individual" means an individual who does not	1745
hold a valid educator license, certificate, or permit issued by	1746
the state board of education under section 3319.22, 3319.26,	1747
3319.27, 3319.302, or 3319.304 of the Revised Code.	1748

(B) The board of education of any city, exempted village, or	1749
local school district may establish and maintain in connection	1750
with the public school systems:	1751

(1) Manual training, industrial arts, domestic science, and	1752
commercial departments;	1753

(2) Agricultural, industrial, vocational, and trades schools.

1754

Such board may pay from the public school funds, as other	1755
school expenses are paid, the expenses of establishing and	1756
maintaining such departments and schools and of directing,	1757
supervising, and coaching the pupil-activity programs in music,	1758
language, arts, speech, government, athletics, and any others	1759
directly related to the curriculum.	1760

(C) The board of education of any city, exempted village, or	1761
local school district may employ a nonlicensed individual to	1762
direct, supervise, or coach a pupil-activity program as long as	1763
that individual holds a valid pupil-activity program permit issued	1764
by the state board of education under division (A) of section	1765
3319.303 of the Revised Code.	1766

(D)(1) Except as provided in division (D)(2) of this section,	1767
a nonlicensed individual who holds a valid pupil-activity program	1768
permit may be employed under division (C) of this section only	1769
after the school district's board of education adopts a resolution	1770
stating that it has offered such position to those employees of	1771
the district who are licensed individuals and no such employee	1772
qualified to fill the position has accepted it, and has then	1773
advertised the position as available to any licensed individual	1774
who is qualified to fill it and who is not employed by the board,	1775
and no such person has applied for and accepted the position.	1776

(2) A board of education may renew the contract of any	1777
nonlicensed individual, currently employed by the board under	1778
division (C) of this section for one or more years, without first	1779
offering the position held by that individual to employees of the	1780
district who are licensed individuals or advertising the position	1781
as available to any qualified licensed individuals who are not	1782
currently employed by the board as otherwise required under	1783
division (D)(1) of this section.	1784

(E) A nonlicensed individual employed under this section is a	1785
nonteaching employee and is not an educational assistant as	1786
defined in section 3319.088 of the Revised Code. A nonlicensed	1787
individual may direct, supervise, or coach a pupil-activity	1788
program under this section as long as that pupil-activity program	1789
does not include any class or course required or offered for	1790
credit toward a pupil's promotion to the next grade or for	1791
graduation, or any activity conducted as a part of or required for	1792
such a class or course. A nonlicensed individual employed under	1793
this section may perform only the duties of the director,	1794
supervisor, or coach of the pupil-activity program for which the	1795
nonlicensed individual is employed.	1796

(F)(E) The board shallmay fix the compensation of each	1797
nonlicensed individual employed under this section, which shall be	1798
the same amount as the position was or would be offered to the	1799
district's licensed employees, and execute a written contract with	1800
the nonlicensed individual for a term not to exceed one year. The	1801
contract shallmay specify the compensation, duration, and other	1802
terms of employment, and the compensation shall not be reduced	1803
unless such reduction is a part of a uniform plan affecting the	1804
entire district.	1805

If the state board suspends, revokes, or limits the	1806
pupil-activity program permit of a nonlicensed individual, the	1807
school district board may terminate or suspend the employment	1808
contract of that individual. Otherwise, no contract issued under	1809
this section shall be terminated or suspended except pursuant to	1810
the procedure established by division (C) of section 3319.081 of	1811
the Revised Code.	1812

Sec. 3313.604.  For purposes of this section, American sign	1813
language is hereby recognized as a foreign language, and any	1814
public or chartered nonpublic school may offer a course in	1815
American sign language. A student who successfully completes a	1816
course in American sign language is entitled to receivemay be	1817
granted credit for that course toward satisfaction of a foreign	1818
language requirement of the public or chartered nonpublic school	1819
where the course is offered.	1820

Sec. 3313.665.  In order to promote a safe and healthy school	1821
setting and enhance the educational environment, a code of conduct	1822
or discipline policy adopted by a board of education may include a	1823
reasonable dress code, or may establish a school uniform to be	1824
worn by the students attending one or more district schools. Any	1825
such dress code or uniform policy shall be included in the code of	1826
conduct or discipline policy only if all of the following	1827
conditions are met:	1828

(A) Any specific uniform selected for a school shall be	1829
determined by the district board after affording ample opportunity	1830
for principal, staff, and parents to offer suggestions and	1831
comments.	1832

(B) No specific uniform shall be required in any school until	1833
the parents of the students in the school have been given six	1834
months notice.	1835

(C) No specific uniform shall be required in any school	1836
unless the board includes in the policy adopted under this section	1837
a procedure to assist parents of economically disadvantaged	1838
students to obtain uniforms. This procedure may include using	1839
school district funds or funds from other sources to provide this	1840
assistance.	1841

(D) Any policy requiring uniforms shall provide exceptions	1842
for students participating in a nationally recognized youth	1843
organization that establishes its own uniforms, on those days that	1844
such organization has a scheduled function.	1845

Sec. 3313.751.  (A) As used in this section:

1846

(1) "School district" means a city, local, exempted village,	1847
or joint vocational school district.	1848

(2) "Smoke" means to burn any substance containing tobacco,	1849
including a lighted cigarette, cigar, or pipe, or to burn a clove	1850
cigarette.	1851

(3) "Use tobacco" means to chew or maintain any substance	1852
containing tobacco, including smokeless tobacco, in the mouth to	1853
derive the effects of tobacco.	1854

(B) No pupil shall smoke or use tobacco or possess any	1855
substance containing tobacco in any area under the control of a	1856
school district or an educational service center or at any	1857
activity supervised by any school operated by a school district or	1858
an educational service center.	1859

(C) The board of education of each school district and the	1860
governing board of each educational service center shall adopt a	1861
policy providing for the enforcement of division (B) of this	1862
section and establishing disciplinary measures for a violation of	1863
division (B) of this section.	1864

Sec. 3313.79.  Any organization or group of citizens	1865
permitted to use the properties specified in section 3313.76 of	1866
the Revised Codea school district or educational service center	1867
shall be responsible for any damage done them over and above the	1868
ordinary wear, and shall, if required, pay the actual expenses	1869
incurred for janitor service, light, and heat.	1870

Sec. 3313.81.  The board of education of any city, exempted	1871
village, or local school district may establish food service,	1872
provide facilities and equipment, and pay operating costs in the	1873
schools under its control for the preparation and serving of	1874
lunches, and other meals or refreshments to the pupils, employees	1875
of the board of education employed therein, and to other persons	1876
taking part in or patronizing any activity in connection with the	1877
schools. A board of education that operates such a food service	1878
may also provide meals at cost to residents of the school district	1879
who are sixty years of age or older or may contract with public or	1880
private nonprofit organizations providing services to the elderly	1881
to provide nutritious meals for persons who are sixty years of age	1882
or older. Restrictions or limitations upon the privileges or use	1883
of facilities by any pupil, employee, person taking part in or	1884
patronizing a school-related activity, or elderly person must be	1885
applied equally to all pupils, all employees, all persons taking	1886
part in or patronizing a school-related activity, or elderly	1887
persons, respectively, except that a board may expend school funds	1888
other than funds from federally reimbursed moneys or student	1889
payments to provide meals at no charge to senior citizens	1890
performing volunteer services in the district's schools in	1891
accordance with a volunteer program approved by the board.	1892

Such facilities shall be under the management and control of	1893
the board and the operation of such facilities for school food	1894
service purposes or to provide meals for the elderly shall not be	1895
for profit. In the operation of such facilities for school food	1896
service purposes there shall be established a food service fund in	1897
the treasurer's cash journal, which shall be separate from all	1898
other funds of the board. All receipts and disbursements in	1899
connection with the operation of food service for school food	1900
service purposes and the maintenance, improvement, and purchase of	1901
equipment for school food service purposes shall be paid directly	1902
into and disbursed from the food service fund which shall be kept	1903
in a legally designated depository of the board. Revenues for the	1904
operation, maintenance, improvement, and purchase of equipment	1905
shall be provided by the food service fund, appropriations	1906
transferred from the general fund, federal funds, and from other	1907
proper sources. Records of receipts and disbursements resulting	1908
from the provision of meals for the elderly shall be separately	1909
maintained, in accordance with section 3313.29 of the Revised	1910
Code.	1911

The enforcement of this section shall be under jurisdiction	1912
of the state board of education.	1913

Sec. 3313.871.  (A) By a majority vote of its members, a	1914
board of education may appropriate from the general fund an amount	1915
sufficient to pay annual membership dues and service fees to one	1916
or more accrediting associations that have the purpose of	1917
improving education. Such annual membership dues and service fees	1918
shall not exceed in the aggregate five hundred dollars per public	1919
school evaluated for accreditation in the district.	1920

(B) In addition to the expenditures authorized under division	1921
(A) of this section, a board of education may pay the necessary	1922
and proper expenses associated with accreditation activities and	1923
school evaluations. A board of education may pay an employee the	1924
employee's regular salary during the employee's service as an	1925
evaluator of a school in another school district.	1926

Sec. 3313.96.  (A) As used in this section, "minor," "missing	1927
child," and "missing children" have the same meanings as in	1928
section 2901.30 of the Revised Code.	1929

(B) Each board of education shallmay develop within its	1930
district informational programs for students, parents, and	1931
community members relative to missing children issues and matters.	1932
Each of these boards may request copies of the informational	1933
materials acquired or prepared by the missing children	1934
clearinghouse pursuant to section 109.65 of the Revised Code and	1935
may request assistance from the clearinghouse in developing its	1936
programs.	1937

The principal or chief administrative officer of a nonpublic	1938
school in this state may develop within histhe principal's or	1939
officer's school informational programs relative to missing	1940
children issues and matters for students, parents, and community	1941
members. The principal or officer may request copies of the	1942
informational materials acquired or prepared by the missing	1943
children clearinghouse and may request assistance from the	1944
clearinghouse in developing its programs.	1945

(C) Each board of education may develop a fingerprinting	1946
program for students and minors within the district. The principal	1947
or chief administrative officer of a nonpublic school in this	1948
state may develop a fingerprinting program for students of the	1949
school. If developed, the program shall be developed in	1950
conjunction with law enforcement agencies having jurisdiction	1951
within the school district or where the nonpublic school is	1952
located and, in the case of a local school district, in	1953
conjunction with the governing board of the educational service	1954
center. Such law enforcement agencies shall cooperate fully with	1955
the board or nonpublic school in the development of its	1956
fingerprinting program.	1957

If developed, the fingerprinting program shall be developed	1958
for the sole purpose of providing a means by which a missing child	1959
might be located or identified and shall be operated on the	1960
following basis:	1961

(1) No student or minor shall be required to participate in	1962
the program.	1963

(2) In order for a student or minor to participate in the	1964
program, the parents, parent who is the residential parent and	1965
legal custodian, guardian, legal custodian, or other person	1966
responsible for the student or minor shall authorize the student's	1967
or minor's participation by signing a form that shall be developed	1968
by the board of education or by the principal or chief	1969
administrative officer of the nonpublic school, for the program.	1970

(3) The fingerprinting of students or minors shall be	1971
performed by members of the associated law enforcement agencies on	1972
fingerprint sheets provided to the school districts or nonpublic	1973
schools by the bureau of criminal identification and investigation	1974
pursuant to section 109.58 of the Revised Code or on fingerprint	1975
sheets or cards otherwise acquired.	1976

(4) All fingerprint cards shall be given to the parents,	1977
parent who is the residential parent and legal custodian,	1978
guardian, legal custodian, or other person responsible for a	1979
student or minor after the fingerprinting of the student or minor.	1980
No copy of a fingerprinting shall be retained by a law enforcement	1981
agency, school, school district, or any other person except the	1982
student or minor's parent, guardian, or legal custodian.	1983

(5) The name, sex, hair and eye color, height, weight, and	1984
date and place of birth of the student or minor shall be indicated	1985
on the fingerprint sheet or card.	1986

(6) The fingerprinting program developed pursuant to this	1987
section shall be offered on a periodic basis. Parents, guardians,	1988
legal custodians, and residents of the districts or in the	1989
communities served by the schools shall be notified periodically	1990
of the program and its purpose. These notifications may be given	1991
by means of memoranda or letters sent to these persons, by	1992
newspaper articles, or by other reasonable means.	1993

(D) This section does not affect any fingerprinting programs	1994
for minors that are provided by private organizations or	1995
governmental entities other than school districts.	1996

Sec. 3313.975.  As used in this section and in sections	1997
3313.975 to 3313.979 of the Revised Code, "the pilot project	1998
school district" or "the district" means any school district	1999
included in the pilot project scholarship program pursuant to this	2000
section.	2001

(A) The superintendent of public instruction shall establish	2002
a pilot project scholarship program and shall include in such	2003
program any school districts that are or have ever been under	2004
federal court order requiring supervision and operational	2005
management of the district by the state superintendent. The	2006
program shall provide for a number of students residing in any	2007
such district to receive scholarships to attend alternative	2008
schools, and for an equal number of students to receive tutorial	2009
assistance grants while attending public school in any such	2010
district.	2011

(B) The state superintendent shall establish an application	2012
process and deadline for accepting applications from students	2013
residing in the district to participate in the scholarship	2014
program. In the initial year of the program students may only use	2015
a scholarship to attend school in grades kindergarten through	2016
third.	2017

The state superintendent shall award as many scholarships and	2018
tutorial assistance grants as can be funded given the amount	2019
appropriated for the program. In no case, however, shall more than	2020
fifty per cent of all scholarships awarded be used by students who	2021
were enrolled in a nonpublic school during the school year of	2022
application for a scholarship.	2023

(C)(1) The pilot project program shall continue in effect	2024
each year that the general assembly has appropriated sufficient	2025
money to fund scholarships and tutorial assistance grants. In each	2026
year the program continues, no new students may receive	2027
scholarships unless they are enrolled in grades kindergarten to	2028
eight. However, any student who has received a scholarship the	2029
preceding year may continue to receive one until the student has	2030
completed grade ten. Beginning in the 2005-2006 academic year, a	2031
student who previously has received a scholarship may receive a	2032
scholarship in grade eleven. Beginning in the 2006-2007 academic	2033
year, a student who previously has received a scholarship may	2034
receive a scholarship in grade twelve.	2035

(2) If the general assembly discontinues the scholarship	2036
program, all students who are attending an alternative school	2037
under the pilot project shall be entitled to continued admittance	2038
to that specific school through all grades that are provided in	2039
such school, under the same conditions as when they were	2040
participating in the pilot project. The state superintendent shall	2041
continue to make scholarship payments in accordance with division	2042
(A) or (B) of section 3313.979 of the Revised Code for students	2043
who remain enrolled in an alternative school under this provision	2044
in any year that funds have been appropriated for this purpose.	2045

If funds are not appropriated, the tuition charged to the	2046
parents of a student who remains enrolled in an alternative school	2047
under this provision shall not be increased beyond the amount	2048
equal to the amount of the scholarship plus any additional amount	2049
charged that student's parent in the most recent year of	2050
attendance as a participant in the pilot project, except that	2051
tuition for all the students enrolled in such school may be	2052
increased by the same percentage.	2053

(D) Notwithstanding sections 124.39,section 3307.54, and	2054
3319.17 of the Revised Code, if the pilot project school district	2055
experiences a decrease in enrollment due to participation in a	2056
state-sponsored scholarship program pursuant to sections 3313.974	2057
to 3313.979 of the Revised Code, the district board of education	2058
may enter into an agreement with any teacher it employs to provide	2059
to that teacher severance pay or early retirement incentives, or	2060
both, if the teacher agrees to terminate the employment contract	2061
with the district board, provided any collective bargaining	2062
agreement in force pursuant to Chapter 4117. of the Revised Code	2063
does not prohibit such an agreement for termination of a teacher's	2064
employment contract.	2065

Sec. 3314.03.  A copy of every contract entered into under	2066
this section shall be filed with the superintendent of public	2067
instruction.	2068

(A) Each contract entered into between a sponsor and the	2069
governing authority of a community school shall specify the	2070
following:	2071

(1) That the school shall be established as either of the	2072
following:	2073

(a) A nonprofit corporation established under Chapter 1702.	2074
of the Revised Code, if established prior to April 8, 2003;	2075

(b) A public benefit corporation established under Chapter	2076
1702. of the Revised Code, if established after April 8, 2003;.	2077

(2) The education program of the school, including the	2078
school's mission, the characteristics of the students the school	2079
is expected to attract, the ages and grades of students, and the	2080
focus of the curriculum;	2081

(3) The academic goals to be achieved and the method of	2082
measurement that will be used to determine progress toward those	2083
goals, which shall include the statewide achievement tests;	2084

(4) Performance standards by which the success of the school	2085
will be evaluated by the sponsor;	2086

(5) The admission standards of section 3314.06 of the Revised	2087
Code and, if applicable, section 3314.061 of the Revised Code;	2088

(6)(a) Dismissal procedures;

2089

(b) A requirement that the governing authority adopt an	2090
attendance policy that includes a procedure for automatically	2091
withdrawing a student from the school if the student without a	2092
legitimate excuse fails to participate in one hundred five	2093
consecutive hours of the learning opportunities offered to the	2094
student.	2095

(7) The ways by which the school will achieve racial and	2096
ethnic balance reflective of the community it serves;	2097

(8) Requirements for financial audits by the auditor of	2098
state. The contract shall require financial records of the school	2099
to be maintained in the same manner as are financial records of	2100
school districts, pursuant to rules of the auditor of state, and	2101
the audits shall be conducted in accordance with section 117.10 of	2102
the Revised Code.	2103

(9) The facilities to be used and their locations;

2104

(10) Qualifications of teachers, including a requirement that	2105
the school's classroom teachers be licensed in accordance with	2106
sections 3319.22 to 3319.31 of the Revised Code, except that a	2107
community school may engage noncertificated persons to teach up to	2108
twelve hours per week pursuant to section 3319.301 of the Revised	2109
Code;	2110

(11) That the school will comply with the following	2111
requirements:	2112

(a) The school will provide learning opportunities to a	2113
minimum of twenty-five students for a minimum of nine hundred	2114
twenty hours per school year.	2115

(b) The governing authority will purchase liability	2116
insurance, or otherwise provide for the potential liability of the	2117
school.	2118

(c) The school will be nonsectarian in its programs,	2119
admission policies, employment practices, and all other	2120
operations, and will not be operated by a sectarian school or	2121
religious institution.	2122

(d) The school will comply with sections 9.90, 9.91, 109.65,	2123
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	2124
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	2125
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	2126
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	2127
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	2128
3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3321.01, 3321.13,	2129
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	2130
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	2131
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if	2132
it were a school district and will comply with section 3301.0714	2133
of the Revised Code in the manner specified in section 3314.17 of	2134
the Revised Code.	2135

(e) The school shall comply with Chapter 102. and section	2136
2921.42 of the Revised Code.	2137

(f) The school will comply with sections 3313.61, 3313.611,	2138
and 3313.614 of the Revised Code, except that for students who	2139
enter ninth grade for the first time before July 1, 2010, the	2140
requirement in sections 3313.61 and 3313.611 of the Revised Code	2141
that a person must successfully complete the curriculum in any	2142
high school prior to receiving a high school diploma may be met by	2143
completing the curriculum adopted by the governing authority of	2144
the community school rather than the curriculum specified in Title	2145
XXXIII of the Revised Code or any rules of the state board of	2146
education. Beginning with students who enter ninth grade for the	2147
first time on or after July 1, 2010, the requirement in sections	2148
3313.61 and 3313.611 of the Revised Code that a person must	2149
successfully complete the curriculum of a high school prior to	2150
receiving a high school diploma shall be met by completing the	2151
Ohio core curriculum prescribed in division (C) of section	2152
3313.603 of the Revised Code, unless the person qualifies under	2153
division (D) or (F) of that section. Each school shall comply with	2154
the plan for awarding high school credit based on demonstration of	2155
subject area competency, adopted by the state board of education	2156
under division (J) of section 3313.603 of the Revised Code.	2157

(g) The school governing authority will submit within four	2158
months after the end of each school year a report of its	2159
activities and progress in meeting the goals and standards of	2160
divisions (A)(3) and (4) of this section and its financial status	2161
to the sponsor and the parents of all students enrolled in the	2162
school.	2163

(h) The school, unless it is an internet- or computer-based	2164
community school, will comply with section 3313.801 of the Revised	2165
Code as if it were a school district.	2166

(12) Arrangements for providingany health and other benefits	2167
provided to employees;	2168

(13) The length of the contract, which shall begin at the	2169
beginning of an academic year. No contract shall exceed five years	2170
unless such contract has been renewed pursuant to division (E) of	2171
this section.	2172

(14) The governing authority of the school, which shall be	2173
responsible for carrying out the provisions of the contract;	2174

(15) A financial plan detailing an estimated school budget	2175
for each year of the period of the contract and specifying the	2176
total estimated per pupil expenditure amount for each such year.	2177
The plan shall specify for each year the base formula amount that	2178
will be used for purposes of funding calculations under section	2179
3314.08 of the Revised Code. This base formula amount for any year	2180
shall not exceed the formula amount defined under section 3317.02	2181
of the Revised Code. The plan may also specify for any year a	2182
percentage figure to be used for reducing the per pupil amount of	2183
the subsidy calculated pursuant to section 3317.029 of the	2184
Revised Code the school is to receive that year under section	2185
3314.08 of the Revised Code.	2186

(16) Requirements and procedures regarding the disposition of	2187
employees of the school in the event the contract is terminated or	2188
not renewed pursuant to section 3314.07 of the Revised Code;	2189

(17) Whether the school is to be created by converting all or	2190
part of an existing public school or educational service center	2191
building or is to be a new start-up school, and if it is a	2192
converted public school or service center building, specification	2193
of any duties or responsibilities of an employer that the board of	2194
education or service center governing board that operated the	2195
school or building before conversion is delegating to the	2196
governing authority of the community school with respect to all	2197
or any specified group of employees provided the delegation is	2198
not prohibited by a collective bargaining agreement applicable to	2199
such employees;	2200

(18) Provisions establishing procedures for resolving	2201
disputes or differences of opinion between the sponsor and the	2202
governing authority of the community school;	2203

(19) A provision requiring the governing authority to adopt a	2204
policy regarding the admission of students who reside outside the	2205
district in which the school is located. That policy shall comply	2206
with the admissions procedures specified in sections 3314.06 and	2207
3314.061 of the Revised Code and, at the sole discretion of the	2208
authority, shall do one of the following:	2209

(a) Prohibit the enrollment of students who reside outside	2210
the district in which the school is located;	2211

(b) Permit the enrollment of students who reside in districts	2212
adjacent to the district in which the school is located;	2213

(c) Permit the enrollment of students who reside in any other	2214
district in the state.	2215

(20) A provision recognizing the authority of the department	2216
of education to take over the sponsorship of the school in	2217
accordance with the provisions of division (C) of section 3314.015	2218
of the Revised Code;	2219

(21) A provision recognizing the sponsor's authority to	2220
assume the operation of a school under the conditions specified in	2221
division (B) of section 3314.073 of the Revised Code;	2222

(22) A provision recognizing both of the following:

2223

(a) The authority of public health and safety officials to	2224
inspect the facilities of the school and to order the facilities	2225
closed if those officials find that the facilities are not in	2226
compliance with health and safety laws and regulations;	2227

(b) The authority of the department of education as the	2228
community school oversight body to suspend the operation of the	2229
school under section 3314.072 of the Revised Code if the	2230
department has evidence of conditions or violations of law at the	2231
school that pose an imminent danger to the health and safety of	2232
the school's students and employees and the sponsor refuses to	2233
take such action;	2234

(23) A description of the learning opportunities that will be	2235
offered to students including both classroom-based and	2236
non-classroom-based learning opportunities that is in compliance	2237
with criteria for student participation established by the	2238
department under division (L)(2) of section 3314.08 of the Revised	2239
Code;	2240

(24) The school will comply with sections 3302.04 and	2241
3302.041 of the Revised Code, except that any action required to	2242
be taken by a school district pursuant to those sections shall	2243
be taken by the sponsor of the school. However, the sponsor	2244
shall not be required to take any action described in division	2245
(F) of section 3302.04 of the Revised Code.	2246

(25) Beginning in the 2006-2007 school year, the school will	2247
open for operation not later than the thirtieth day of September	2248
each school year, unless the mission of the school as specified	2249
under division (A)(2) of this section is solely to serve dropouts.	2250
In its initial year of operation, if the school fails to open by	2251
the thirtieth day of September, or within one year after the	2252
adoption of the contract pursuant to division (D) of section	2253
3314.02 of the Revised Code if the mission of the school is solely	2254
to serve dropouts, the contract shall be void.	2255

(B) The community school shall also submit to the sponsor a	2256
comprehensive plan for the school. The plan shall specify the	2257
following:	2258

(1) The process by which the governing authority of the	2259
school will be selected in the future;	2260

(2) The management and administration of the school;

2261

(3) If the community school is a currently existing public	2262
school or educational service center building, alternative	2263
arrangements for current public school students who choose not to	2264
attend the converted school and for teachers who choose not to	2265
teach in the school or building after conversion;	2266

(4) The instructional program and educational philosophy of	2267
the school;	2268

(5) Internal financial controls.

2269

(C) A contract entered into under section 3314.02 of the	2270
Revised Code between a sponsor and the governing authority of a	2271
community school may provide for the community school governing	2272
authority to make payments to the sponsor, which is hereby	2273
authorized to receive such payments as set forth in the contract	2274
between the governing authority and the sponsor. The total amount	2275
of such payments for oversight and monitoring of the school shall	2276
not exceed three per cent of the total amount of payments for	2277
operating expenses that the school receives from the state.	2278

(D) The contract shall specify the duties of the sponsor	2279
which shall be in accordance with the written agreement entered	2280
into with the department of education under division (B) of	2281
section 3314.015 of the Revised Code and shall include the	2282
following:	2283

(1) Monitor the community school's compliance with all laws	2284
applicable to the school and with the terms of the contract;	2285

(2) Monitor and evaluate the academic and fiscal performance	2286
and the organization and operation of the community school on at	2287
least an annual basis;	2288

(3) Report on an annual basis the results of the evaluation	2289
conducted under division (D)(2) of this section to the department	2290
of education and to the parents of students enrolled in the	2291
community school;	2292

(4) Provide technical assistance to the community school in	2293
complying with laws applicable to the school and terms of the	2294
contract;	2295

(5) Take steps to intervene in the school's operation to	2296
correct problems in the school's overall performance, declare the	2297
school to be on probationary status pursuant to section 3314.073	2298
of the Revised Code, suspend the operation of the school pursuant	2299
to section 3314.072 of the Revised Code, or terminate the contract	2300
of the school pursuant to section 3314.07 of the Revised Code as	2301
determined necessary by the sponsor;	2302

(6) Have in place a plan of action to be undertaken in the	2303
event the community school experiences financial difficulties or	2304
closes prior to the end of a school year.	2305

(E) Upon the expiration of a contract entered into under this	2306
section, the sponsor of a community school may, with the approval	2307
of the governing authority of the school, renew that contract for	2308
a period of time determined by the sponsor, but not ending earlier	2309
than the end of any school year, if the sponsor finds that the	2310
school's compliance with applicable laws and terms of the contract	2311
and the school's progress in meeting the academic goals prescribed	2312
in the contract have been satisfactory. Any contract that is	2313
renewed under this division remains subject to the provisions of	2314
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	2315

(F) If a community school fails to open for operation within	2316
one year after the contract entered into under this section is	2317
adopted pursuant to division (D) of section 3314.02 of the Revised	2318
Code or permanently closes prior to the expiration of the	2319
contract, the contract shall be void and the school shall not	2320
enter into a contract with any other sponsor. A school shall not	2321
be considered permanently closed because the operations of the	2322
school have been suspended pursuant to section 3314.072 of the	2323
Revised Code. Any contract that becomes void under this division	2324
shall not count toward any statewide limit on the number of such	2325
contracts prescribed by section 3314.013 of the Revised Code.	2326

Sec. 3314.09.  (A) As used in this section and section	2327
3314.091 of the Revised Code, "native student" means a student	2328
entitled to attend school in the school district under section	2329
3313.64 or 3313.65 of the Revised Code.	2330

(B) Except as provided in section 3314.091 of the Revised	2331
Code, theThe board of education of each city, local, and exempted	2332
village school district shallmay provide transportation to and	2333
from school for its district's native students in accordance with	2334
section 3327.01 of the Revised Code.	2335

Sec. 3314.091.  (A) A school district is not required to	2336
provide transportation for any native student enrolled in a	2337
community school if the district board of education has entered	2338
may enter into an agreement with thea community school's	2339
governing authority that designates the community school as	2340
responsible for providing or arranging for the transportation of	2341
the district's native students to and from the community school.	2342
For any such agreement to be effective, it must be certified by	2343
the superintendent of public instruction as having met all of the	2344
following requirements:	2345

(1) It is submitted to the department of education by a	2346
deadline which shall be established by the department.	2347

(2) In accordance with divisions (C)(1) and (2) of this	2348
section, it specifies qualifications, such as residing a minimum	2349
distance from the school, for students to have their	2350
transportation provided or arranged.	2351

(3) The transportation provided by the community school is	2352
subject to all provisions of the Revised Code and all rules	2353
adopted under the Revised Code pertaining to pupil transportation.	2354

(4) The sponsor of the community school also has signed the	2355
agreement.	2356

(B)(1) For the school year that begins on July 1, 2007, a	2357
school district is not required to provide transportation for any	2358
native student enrolled in a community school, if the community	2359
school during the previous school year transported the students	2360
enrolled in the school or arranged for the students'	2361
transportation, even if that arrangement consisted of having	2362
parents transport their children to and from the school, but did	2363
not enter into an agreement to transport or arrange for	2364
transportation for those students under division (A) of this	2365
section, and if the governing authority of the community school by	2366
July 15, 2007, submits written notification to the district board	2367
of education stating that the governing authority is accepting	2368
responsibility for providing or arranging for the transportation	2369
of the district's native students to and from the community	2370
school.	2371

(2) For any school year subsequent to the school year that	2372
begins on July 1, 2007, a school district is not required to	2373
provide transportation for any native student enrolled in a	2374
community school if the governing authority of the community	2375
school, by the thirty-first day of January of the previous school	2376
year, submits written notification to the district board of	2377
education stating that the governing authority is accepting	2378
responsibility for providing or arranging for the transportation	2379
of the district's native students to and from the community	2380
school. If the governing authority of the community school has	2381
previously accepted responsibility for providing or arranging for	2382
the transportation of a district's native students to and from the	2383
community school, under division (B)(1) or (2) of this section,	2384
and has since relinquished that responsibility under division	2385
(B)(3) of this section, the governing authority shall not accept	2386
that responsibility again unless the district board consents to	2387
the governing authority's acceptance of that responsibility.	2388

(3) A governing authority's acceptance of responsibility	2389
under division (B)(1) or (2) of this section shall cover an entire	2390
school year, and shall remain in effect for subsequent school	2391
years unless the governing authority submits written notification	2392
to the district board that the governing authority is	2393
relinquishing the responsibility. However, a governing authority	2394
shall not relinquish responsibility for transportation before the	2395
end of a school year, and shall submit the notice relinquishing	2396
responsibility by the thirty-first day of January, in order to	2397
allow the school district reasonable time to prepare	2398
transportation for its native students enrolled in the school.	2399

(C)(1) A community school governing authority that enters	2400
into an agreement under division (A) of this section, or that	2401
accepts responsibility under division (B) of this section, shall	2402
provide or arrange transportation free of any charge for each of	2403
its enrolled students who is required to be transported under	2404
section 3327.01 of the Revised Code or who would otherwise be	2405
transported by the school district under the district's	2406
transportation policy. The governing authority shall report to the	2407
department of education the number of students transported or for	2408
whom transportation is arranged under this section in accordance	2409
with rules adopted by the state board of education.	2410

(2) The governing authority may provide or arrange	2411
transportation for any other enrolled student who is not eligible	2412
for transportation in accordance with division (C)(B)(1) of this	2413
section and may charge a fee for such service up to the actual	2414
cost of the service.	2415

(3) Notwithstanding anything to the contrary in division	2416
(C)(B)(1) or (2) of this section, a community school governing	2417
authority shall provide or arrange transportation free of any	2418
charge for any disabled student enrolled in the school for whom	2419
the student's individualized education program developed under	2420
Chapter 3323. of the Revised Code specifies transportation.	2421

(D)(C)(1) If a school district board and a community school	2422
governing authority elect to enter into an agreement under	2423
division (A) of this section, the department of education shall	2424
make payments to the community school according to the terms of	2425
the agreement for each student actually transported under	2426
division (C)(B)(1) of this section.	2427

If a community school governing authority accepts	2428
transportation responsibility under division (B) of this section,	2429
the department shall make payments to the community school for	2430
each student actually transported or for whom transportation is	2431
arranged by the community school under division (C)(1) of this	2432
section, calculated as follows:	2433

(a) For any fiscal year which the general assembly has	2434
specified that transportation payments to school districts be	2435
based on an across-the-board percentage of the district's payment	2436
for the previous school year, the per pupil payment to the	2437
community school shall be the following quotient:	2438

(i) The total amount calculated for the school district in	2439
which the child is entitled to attend school for student	2440
transportation other than transportation of children with	2441
disabilities; divided by	2442

(ii) The number of students included in the district's	2443
transportation ADM for the current fiscal year, as reported under	2444
division (B)(13) of section 3317.03 of the Revised Code, plus the	2445
number of students enrolled in the community school not counted in	2446
the district's transportation ADM who are transported under	2447
division (B)(1) or (2) of this section.	2448

(b) For any fiscal year which the general assembly has	2449
specified that the transportation payments to school districts be	2450
calculated in accordance with division (D) of section 3317.022 of	2451
the Revised Code and any rules of the state board of education	2452
implementing that division, the payment to the community school	2453
shall be the amount so calculated that otherwise would be paid to	2454
the school district in which the student is entitled to attend	2455
school by the method of transportation the district would have	2456
used. The community school, however, is not required to use the	2457
same method to transport that student.	2458

As used in this division "entitled to attend school" means	2459
entitled to attend school under section 3313.64 or 3313.65 of the	2460
Revised Code.	2461

(2) The department shall deduct the payment under division	2462
(D)(C)(1) of this section from the state education aid, as	2463
defined in section 3314.08 of the Revised Code, and, if	2464
necessary, the payment under sections 321.14 and 323.156 of the	2465
Revised Code, that is otherwise paid to the school district in	2466
which the student enrolled in the community school is entitled	2467
to attend school. The department shall include the number of the	2468
district's native students for whom payment is made to a	2469
community school under division (D)(C)(1) of this section in the	2470
calculation of the district's transportation payment under	2471
division (D)(C) of section 3317.022 of the Revised Code and the	2472
operating appropriations act.	2473

(3) A community school shall be paid under division	2474
(D)(C)(1) of this section only for students who are eligible as	2475
specified in section 3327.01 of the Revised Code and division	2476
(C)(B)(1) of this section, and whose transportation to and from	2477
school is actually provided, who actually utilized	2478
transportation arranged, or for whom a payment in lieu of	2479
transportation is made by the community school's governing	2480
authority. To qualify for the payments, the community school	2481
shall report to the department, in the form and manner required	2482
by the department, data on the number of students transported or	2483
whose transportation is arranged, the number of miles traveled,	2484
cost to transport, and any other information requested by the	2485
department.	2486

(4) A community school shall use payments received under this	2487
section solely to pay the costs of providing or arranging for the	2488
transportation of students who are eligible as specified in	2489
section 3327.01 of the Revised Code and division (C)(B)(1) of	2490
this section, which may include payments to a parent, guardian,	2491
or other person in charge of a child in lieu of transportation.	2492

(E) Except when arranged through payment to a parent,	2493
guardian, or person in charge of a child, transportation provided	2494
or arranged for by a community school pursuant to an agreement	2495
under this section is subject to all provisions of the Revised	2496
Code, and all rules adopted under the Revised Code, pertaining to	2497
the construction, design, equipment, and operation of school buses	2498
and other vehicles transporting students to and from school. The	2499
drivers and mechanics of the vehicles are subject to all	2500
provisions of the Revised Code, and all rules adopted under the	2501
Revised Code, pertaining to drivers and mechanics of such	2502
vehicles. The community school also shall comply with sections	2503
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	2504
of section 3327.16 of the Revised Code and, subject to division	2505
(C)(1) of this section, sections 3327.01 and 3327.02 of the	2506
Revised Code, as if it were a school district.	2507

Sec. 3315.062.  (A) The board of education of any school	2508
district may expend moneys from its general revenue fund for the	2509
operation of such student activity programs included in the	2510
program of each school district as authorized by its board of	2511
education. Such expenditure shall not exceed five-tenths of one	2512
per cent of the board's annual operating budget.	2513

(B) If more than fifty dollars a year is received through a	2514
student activity program, the moneys from such program shallmay	2515
be paid into an activity fund established by the board of	2516
education of the school district. The board shallmay adopt	2517
regulations governing the establishment and maintenance of such	2518
fund, including a system of accounting to separate and verify each	2519
transaction and to show the sources from which the fund revenue is	2520
received, the amount collected from each source, and the amount	2521
expended for each purpose. Expenditures from the fund shallmay be	2522
subject to approval of the board.	2523

(C) The board of education of any school district may	2524
purchase accident insurance for pupils participating in school	2525
athletic programs for which the school district is authorized to	2526
expend public money. The board also may, to the extent it	2527
considers necessary, establish a self-insurance plan for the	2528
protection of such pupils against loss or expense resulting from	2529
bodily injury or death by accident, or for the payment of any	2530
deductible under a policy of accident insurance procured pursuant	2531
to this division.	2532

Sec. 3315.09.  The boards of education of any city, exempted	2533
village, local, or joint vocational school districts or the	2534
governing boards of educational service centers may enter into	2535
contracts for a term not exceeding one year, upon such terms as	2536
each board deems expedient, with each other, or with the trustees	2537
or other authorized officials of any college or university,	2538
legally organized, for the purpose of obtaining in such school	2539
district or educational service center instruction in the special,	2540
technical, professional, or other advanced studies which may be	2541
pursued in such college or university beyond the scope of the	2542
public high school. In like manner such boards may contract for a	2543
term, not exceeding one year, with each other or with a private	2544
corporation or association not for profit, maintaining and	2545
furnishing a museum of art, science, or history, or providing	2546
musical instruction, for the purpose of obtaining in such school	2547
district or educational service center such instruction or other	2548
educational services as can be rendered to the schools by such	2549
private corporation or association.	2550

Sec. 3315.091.  The boards of education of any city, exempted	2551
village, local, or joint vocational school districts or the	2552
governing boards of educational service centers may enter into	2553
contracts for a term not exceeding one year, upon such terms as	2554
each board deems expedient, with each other, or with a private	2555
driver training school licensed under section 4508.03 of the	2556
Revised Code, for the purpose of providing instruction in driver	2557
education under section 3301.17 of the Revised Code.	2558

Sec. 3316.07.  (A) A school district financial planning and	2559
supervision commission has the following powers, duties, and	2560
functions:	2561

(1) To review or to assume responsibility for the development	2562
of all tax budgets, tax levy and bond and note resolutions,	2563
appropriation measures, and certificates of estimated resources of	2564
the school district in order to ensure that such are consistent	2565
with the financial recovery plan and a balanced appropriation	2566
budget for the current fiscal year, and to request and review any	2567
supporting information upon which the financial recovery plan and	2568
balanced appropriation budget may be developed and based, and to	2569
determine whether revenue estimates and estimates of expenditures	2570
and appropriations will result in a balanced budget;	2571

(2) To inspect and secure copies of any document, resolution,	2572
or instrument pertaining to the effective financial accounting and	2573
reporting system, debt obligations, debt limits, financial	2574
recovery plan, balanced appropriation budgets, appropriation	2575
measures, report of audit, statement or invoice, or other	2576
worksheet or record of the school district;	2577

(3) To inspect and secure copies of any document, instrument,	2578
certification, records of proceedings, or other worksheet or	2579
records of the county budget commission, county auditor, or other	2580
official or employee of the school district or of any other	2581
political subdivision or agency of government of the state;	2582

(4) To review, revise, and approve determinations and	2583
certifications affecting the school district made by the county	2584
budget commission or county auditor pursuant to Chapter 5705. of	2585
the Revised Code to ensure that such determinations and	2586
certifications are consistent with the laws of the state;	2587

(5) To bring civil actions, including mandamus, to enforce	2588
this chapter;	2589

(6) After consultation with the officials of the school	2590
district and the auditor of state, to implement or require	2591
implementation of any necessary or appropriate steps to bring the	2592
books of account, accounting systems, and financial procedures and	2593
reports of the school district into compliance with requirements	2594
prescribed by the auditor of state, and to assume responsibility	2595
for achieving such compliance and for making any desirable	2596
modifications and supplementary systems and procedures pertinent	2597
to the school district;	2598

(7) To assist or provide assistance to the school district or	2599
to assume the total responsibility for the structuring or the	2600
terms of, and the placement for sale of, debt obligations of the	2601
school district;	2602

(8) To perform all other powers, duties, and functions as	2603
provided under this chapter;	2604

(9) To make and enter into all contracts and agreements	2605
necessary or incidental to the performance of its duties and the	2606
exercise of its powers under this chapter;	2607

(10) To consult with officials of the school district and	2608
make recommendations or assume the responsibility for implementing	2609
cost reductions and revenue increases to achieve balanced budgets	2610
and carry out the financial recovery plan in accordance with this	2611
chapter;	2612

(11) To make reductions in force to bring the school	2613
district's budget into balance, notwithstanding section 3319.081	2614
and divisions (A) and (B) of section 3319.17 of the Revised Code,	2615
notwithstanding any provision of a policy adopted under section	2616
3319.171 of the Revised Code, and notwithstanding any provision to	2617
the contrary in section 4117.08 or 4117.10 of the Revised Code or	2618
in any collective bargaining agreement entered into on or after	2619
November 21, 1997.	2620

In making reductions in force, the commission shall first	2621
consider reasonable reductions among the administrative and	2622
non-teachingnonteaching employees of the school district giving	2623
due regard to ensuring the district's ability to maintain the	2624
personnel, programs, and services essential to the provision of an	2625
adequate educational program.	2626

In making these reductions in non-teaching employees in	2627
districts where Chapter 124. of the Revised Code controls such	2628
reductions, the reductions shall be made in accordance with	2629
sections 124.321 to 124.327 of the Revised Code. In making these	2630
reductions in non-teaching employees in districts where Chapter	2631
124. of the Revised Code does not control these reductions, within	2632
each category of non-teaching employees, the commission shall give	2633
preference to those employees with continuing contracts or	2634
non-probationary status and who have greater seniority.	2635

If revenues and expenditures cannot be balanced by reasonable	2636
reductions in administrative and non-teaching employees, the	2637
commission may also make reasonable reductions in the number of	2638
teaching contracts. If the commission finds it necessary to	2639
suspend teaching contracts, it shall suspend them in accordance	2640
with division (C) of section 3319.17 of the Revised Code but shall	2641
consider a reduction in non-classroom teachers before classroom	2642
teachers.	2643

(B) During the fiscal emergency period, the commission shall,	2644
in addition to other powers:	2645

(1) With respect to the appropriation measure in effect at	2646
the commencement of the fiscal emergency period of the school	2647
district if that period commenced more than three months prior to	2648
the end of the current fiscal year, and otherwise with respect to	2649
the appropriation measure for the next fiscal year:	2650

(a) Review and determine the adequacy of all revenues to meet	2651
all expenditures for such fiscal year;	2652

(b) Review and determine the extent of any deficiency of	2653
revenues to meet such expenditures;	2654

(c) Require the school district board or superintendent to	2655
provide justification documents to substantiate, to the extent and	2656
in the manner considered necessary, any item of revenue or	2657
appropriation;	2658

(d) Not later than sixty days after taking office or after	2659
receiving the appropriation measure for the next fiscal year,	2660
issue a public report regarding its review pursuant to division	2661
(B)(1) of this section.	2662

(2) Require the school district board, by resolution, to	2663
establish monthly levels of expenditures and encumbrances	2664
consistent with the financial recovery plan and the commission's	2665
review pursuant to divisions (B)(1)(a) and (b) of this section, or	2666
establish such levels itself. If the commission permits the	2667
district board to make expenditures, the commission shall monitor	2668
the monthly levels of expenditures and encumbrances and require	2669
justification documents to substantiate any departure from any	2670
approved level. No district board shall make any expenditure apart	2671
from the approved level without the written approval of the	2672
commission.	2673

(C) In making any determination pursuant to division (B) of	2674
this section, the commission may rely on any information	2675
considered in its judgment reliable or material and shall not be	2676
restricted by any tax budget or certificate or any other document	2677
the school district may have adopted or received from any other	2678
governmental agency.	2679

(D) County, state, and school district officers or employees	2680
shall assist the commission diligently and promptly in the	2681
prosecution of its duties, including the furnishing of any	2682
materials, including justification documents, required.	2683

(E) Annually on or before the first day of April during the	2684
fiscal emergency period, the commission shall make reports and	2685
recommendations to the speaker of the house of representatives and	2686
the president of the senate concerning progress of the school	2687
district to eliminate fiscal emergency conditions, failures of the	2688
school district to comply with this chapter, and recommendations	2689
for further actions to attain the objectives of this chapter,	2690
including any legislative action needed to make provisions of law	2691
more effective for their purposes, or to enhance revenue raising	2692
or financing capabilities of school districts. The commission may	2693
make such interim reports as it considers appropriate for such	2694
purposes and shall make such additional reports as may be	2695
requested by either house of the general assembly.	2696

Sec. 3317.01.  As used in this section and section 3317.011	2697
of the Revised Code, "school district," unless otherwise	2698
specified, means any city, local, exempted village, joint	2699
vocational, or cooperative education school district and any	2700
educational service center.	2701

This chapter shall be administered by the state board of	2702
education. The superintendent of public instruction shall	2703
calculate the amounts payable to each school district and shall	2704
certify the amounts payable to each eligible district to the	2705
treasurer of the district as provided by this chapter. As soon as	2706
possible after such amounts are calculated, the superintendent	2707
shall certify to the treasurer of each school district the	2708
district's adjusted charge-off increase, as defined in section	2709
5705.211 of the Revised Code. No moneys shall be distributed	2710
pursuant to this chapter without the approval of the controlling	2711
board.	2712

The state board of education shall, in accordance with	2713
appropriations made by the general assembly, meet the financial	2714
obligations of this chapter.	2715

Annually, the department of education shall calculate and	2716
report to each school district the district's total state and	2717
local funds for providing an adequate basic education to the	2718
district's nondisabled students, utilizing the determination in	2719
section 3317.012 of the Revised Code. In addition, the department	2720
shall calculate and report separately for each school district	2721
the district's total state and local funds for providing an	2722
adequate education for its students with disabilities, utilizing	2723
the determinations in both sections 3317.012 and 3317.013 of the	2724
Revised Code.	2725

Not later than the thirty-first day of August of each fiscal	2726
year, the department of education shall provide to each school	2727
district and county MR/DD board a preliminary estimate of the	2728
amount of funding that the department calculates the district will	2729
receive under each of divisions (C)(1) and (4) of section 3317.022	2730
of the Revised Code. No later than the first day of December of	2731
each fiscal year, the department shall update that preliminary	2732
estimate.	2733

Moneys distributed pursuant to this chapter shall be	2734
calculated and paid on a fiscal year basis, beginning with the	2735
first day of July and extending through the thirtieth day of June.	2736
The moneys appropriated for each fiscal year shall be distributed	2737
at least monthly to each school district unless otherwise provided	2738
for. The state board shall submit a yearly distribution plan to	2739
the controlling board at its first meeting in July. The state	2740
board shall submit any proposed midyear revision of the plan to	2741
the controlling board in January. Any year-end revision of the	2742
plan shall be submitted to the controlling board in June. If	2743
moneys appropriated for each fiscal year are distributed other	2744
than monthly, such distribution shall be on the same basis for	2745
each school district.	2746

The total amounts paid each month shall constitute, as nearly	2747
as possible, one-twelfth of the total amount payable for the	2748
entire year.	2749

Until fiscal year 2007, payments made during the first six	2750
months of the fiscal year may be based on an estimate of the	2751
amounts payable for the entire year. Payments made in the last	2752
six months shall be based on the final calculation of the amounts	2753
payable to each school district for that fiscal year. Payments	2754
made in the last six months may be adjusted, if necessary, to	2755
correct the amounts distributed in the first six months, and to	2756
reflect enrollment increases when such are at least three per	2757
cent.	2758

Beginning in fiscal year 2007, payments shall be calculated	2759
to reflect the biannual reporting of average daily membership. In	2760
fiscal year 2007 and in each fiscal year thereafter, annualized	2761
periodic payments for each school district shall be based on the	2762
district's final student counts verified by the superintendent of	2763
public instruction based on reports under section 3317.03 of the	2764
Revised Code, as adjusted, if so ordered, under division (K) of	2765
that section, as follows:	2766

the sum of one-half of the number of students verified	2767

and adjusted for the first full week in October	2768

plus one-half of the average of the numbers	2769

verified and adjusted for the first full week	2770

in October and for the first full week in February	2771

Except as otherwise provided, payments under this chapter	2772
shall be made only to those school districts in which:	2773

(A) The school district, except for any educational service	2774
center and any joint vocational or cooperative education school	2775
district, levies for current operating expenses at least twenty	2776
mills. Levies for joint vocational or cooperative education	2777
school districts or county school financing districts, limited to	2778
or to the extent apportioned to current expenses, shall be	2779
included in this qualification requirement. School district income	2780
tax levies under Chapter 5748. of the Revised Code, limited to or	2781
to the extent apportioned to current operating expenses, shall be	2782
included in this qualification requirement to the extent	2783
determined by the tax commissioner under division (D) of section	2784
3317.021 of the Revised Code.	2785

(B) The school year next preceding the fiscal year for which	2786
such payments are authorized meets the requirement of section	2787
3313.48 or 3313.481 of the Revised Code, with regard to the	2788
minimum number of days or hours school must be open for	2789
instruction with pupils in attendance, for individualized	2790
parent-teacher conference and reporting periods, and for	2791
professional meetings of teachers. This requirement shall be	2792
waived by the superintendent of public instruction if it had been	2793
necessary for a school to be closed because of disease epidemic,	2794
hazardous weather conditions, inoperability of school buses or	2795
other equipment necessary to the school's operation, damage to a	2796
school building, or other temporary circumstances due to utility	2797
failure rendering the school building unfit for school use,	2798
provided that for those school districts operating pursuant to	2799
section 3313.48 of the Revised Code the number of days the school	2800
was actually open for instruction with pupils in attendance and	2801
for individualized parent-teacher conference and reporting periods	2802
is not less than one hundred seventy-five, or for those school	2803
districts operating on a trimester plan the number of days the	2804
school was actually open for instruction with pupils in attendance	2805
not less than seventy-nine days in any trimester, for those school	2806
districts operating on a quarterly plan the number of days the	2807
school was actually open for instruction with pupils in attendance	2808
not less than fifty-nine days in any quarter, or for those school	2809
districts operating on a pentamester plan the number of days the	2810
school was actually open for instruction with pupils in attendance	2811
not less than forty-four days in any pentamester.	2812

A school district shall not be considered to have failed to	2813
comply with this division or section 3313.481 of the Revised Code	2814
because schools were open for instruction but either twelfth grade	2815
students were excused from attendance for up to three days or only	2816
a portion of the kindergarten students were in attendance for up	2817
to three days in order to allow for the gradual orientation to	2818
school of such students.	2819

The superintendent of public instruction shall waive the	2820
requirements of this section with reference to the minimum number	2821
of days or hours school must be in session with pupils in	2822
attendance for the school year succeeding the school year in which	2823
a board of education initiates a plan of operation pursuant to	2824
section 3313.481 of the Revised Code. The minimum requirements of	2825
this section shall again be applicable to such a district	2826
beginning with the school year commencing the second July	2827
succeeding the initiation of one such plan, and for each school	2828
year thereafter.	2829

A school district shall not be considered to have failed to	2830
comply with this division or section 3313.48 or 3313.481 of the	2831
Revised Code because schools were open for instruction but the	2832
length of the regularly scheduled school day, for any number of	2833
days during the school year, was reduced by not more than two	2834
hours due to hazardous weather conditions.	2835

(C) The school district has on file, and is paying in	2836
accordance with, a teachers' salary schedule which complies with	2837
section 3317.13 of the Revised Code.	2838

A board of education or governing board of an educational	2839
service center which has not conformed with other law and the	2840
rules pursuant thereto, shall not participate in the distribution	2841
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	2842
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	2843
and sufficient reason established to the satisfaction of the state	2844
board of education and the state controlling board.	2845

All funds allocated to school districts under this chapter,	2846
except those specifically allocated for other purposes, shall be	2847
used to pay current operating expenses only.	2848

Sec. 3319.01.  Except in an island school district, where the	2849
superintendent of an educational service center otherwise may	2850
serve as superintendent of the district and except as otherwise	2851
provided for any cooperative education school district pursuant to	2852
division (B)(2) of section 3311.52 or division (B)(3) of section	2853
3311.521 of the Revised Code, the board of education in each	2854
school district and the governing board of each service center	2855
shall, at a regular or special meeting held not later than the	2856
first day of May of the calendar year in which the term of the	2857
superintendent expires, appoint a person possessed of the	2858
qualifications provided in this section to act as superintendent,	2859
for a term not longer than five years beginning the first day of	2860
August and ending on the thirty-first day of July. Such	2861
superintendent is, at the expiration of a current term of	2862
employment, deemed reemployed for a term of one year at the same	2863
salary plus any increments that may be authorized by the board,	2864
unless such board, on or before the first day of March of the year	2865
in which the contract of employment expires, either reemploys the	2866
superintendent for a succeeding term as provided in this section	2867
or gives to the superintendent written notice of its intention not	2868
to reemploy the superintendent. A superintendent may not be	2869
transferred to any other position during the term of the	2870
superintendent's employment or reemployment except by mutual	2871
agreement by the superintendent and the board. If a vacancy occurs	2872
in the office of superintendent, the board shall appoint a	2873
superintendent for a term not to exceed five years from the next	2874
preceding first day of August.	2875

A board may at any regular or special meeting held during the	2876
period beginning on the first day of January of the calendar year	2877
immediately preceding the year the contract of employment of a	2878
superintendent expires and ending on the first day of March of the	2879
year it expires, reemploy such superintendent for a succeeding	2880
term for not longer than five years, beginning on the first day	2881
of August immediately following the expiration of the	2882
superintendent's current term of employment and ending on the	2883
thirty-first day of July of the year in which such succeeding	2884
term expires. No person shall be appointed to the office of	2885
superintendent of a city, or exempted village school district or a	2886
service center who does not hold a license designated for being a	2887
superintendent issued under section 3319.22 of the Revised Code,	2888
unless such person had been employed as a county, city, or	2889
exempted village superintendent prior to August 1, 1939. No person	2890
shall be appointed to the office of local superintendent who does	2891
not hold a license designated for being a superintendent issued	2892
under section 3319.22 of the Revised Code, unless such person held	2893
or was qualified to hold the position of executive head of a local	2894
school district on September 16, 1957. At the time of making such	2895
appointment or designation of term, such board shall fix the	2896
compensation of the superintendent, which may be increased or	2897
decreased during such term, provided such decrease is a part of a	2898
uniform plan affecting salaries of all employees of the district,	2899
and shall execute a written contract of employment with such	2900
superintendent.	2901

Each board shallmay adopt procedures for the evaluation of	2902
its superintendent and shallmay evaluate its superintendent in	2903
accordance with those procedures. An evaluation based upon such	2904
procedures shall be considered by the board in deciding whether	2905
to renew the superintendent's contract. The establishment of an	2906
evaluation procedure shall not create an expectancy of continued	2907
employment. Nothing in this section shall prevent a board from	2908
making the final determination regarding the renewal or failure	2909
to renew of a superintendent's contract.	2910

Termination of a superintendent's contract shall be pursuant	2911
to section 3319.16 of the Revised Code.	2912

A board may establish vacation leave for its superintendent.	2913
Upon the superintendent's separation from employment a board that	2914
has such leave may provide compensation at the superintendent's	2915
current rate of pay for all lawfully accrued and unused vacation	2916
leave to the superintendent's credit at the time of separation,	2917
not to exceed the amount accrued within three years before the	2918
date of separation. In case of the death of a superintendent, such	2919
unused vacation leave as the board would have paid to this	2920
superintendent upon separation shall be paid in accordance with	2921
section 2113.04 of the Revised Code, or to the superintendent's	2922
estate.	2923

Notwithstanding section 9.481 of the Revised Code, the board	2924
of a city, local, exempted village, or joint vocational school	2925
district may require its superintendent, as a condition of	2926
employment, to reside within the boundaries of the district.	2927

The superintendent shall be the executive officer for the	2928
board. Subject to section 3319.40 of the Revised Code, the	2929
superintendent shall direct and assign teachers and other	2930
employees of the district or service center, except as provided in	2931
division (B) of section 3313.31 and section 3319.04 of the Revised	2932
Code. The superintendent shall assign the pupils to the proper	2933
schools and grades, provided that the assignment of a pupil to a	2934
school outside of the pupil's district of residence is approved by	2935
the board of the district of residence of such pupil. The	2936
superintendent shall perform such other duties as the board	2937
determines.	2938

The board of education of any school district may contract	2939
with the governing board of the educational service center from	2940
which it otherwise receives services to conduct searches and	2941
recruitment of candidates for the superintendent position	2942
authorized under this section.	2943

Sec. 3319.011.  If a board of education determines the	2944
superintendent is incapacitated in such a manner that hethe	2945
superintendent is unable to perform the duties of the office of	2946
superintendent, the board may, by a majority vote of the members	2947
of the board, appoint a person to serve in histhe	2948
superintendent's place pro tempore. Each board of education shall	2949
adopt a written policy establishing standards for determining	2950
whether the superintendent is incapacitated, and shall provide	2951
that duringDuring any period in which the superintendent is	2952
incapacitated, hethe superintendent may be placed on sick leave	2953
or on leave of absence and may be returned to active duty status	2954
from sick leave or leave of absence. The superintendent may	2955
request a hearing before the board on any action taken under this	2956
section, and he shall have the same rights in any such hearing as	2957
are granted to a teacher in a board hearing under section 3319.16	2958
of the Revised Code. The superintendent pro tempore shall perform	2959
all of the duties and functions of the superintendent and shall	2960
serve until the board by majority vote determines the	2961
superintendent's incapacity is removed or until the expiration of	2962
the superintendent's contract or term of office, whichever is	2963
sooner. The superintendent pro tempore may be removed at any time	2964
for cause by a two-thirds vote of the members of the board. The	2965
board shall fix the compensation of the superintendent pro tempore	2966
in accordance with section 3319.01 of the Revised Code.	2967

Sec. 3319.02.  (A)(1) As used in this section, "other	2968
administrator" means any of the following:	2969

(a) Except as provided in division (A)(2) of this section,	2970
any employee in a position for which a board of education requires	2971
a license designated by rule of the department of education for	2972
being an administrator issued under section 3319.22 of the Revised	2973
Code, including a professional pupil services employee or	2974
administrative specialist or an equivalent of either one who is	2975
not employed as a school counselor and spends less than fifty per	2976
cent of the time employed teaching or working with students;	2977

(b) Any nonlicensed employee whose job duties would enable	2978
such employee to be considered as either a "supervisor" or a	2979
"management level employee," as defined in section 4117.01 of the	2980
Revised Code;	2981

(c) A business manager appointed under section 3319.03 of the	2982
Revised Code.	2983

(2) As used in this section, "other administrator" does not	2984
include a superintendent, assistant superintendent, principal, or	2985
assistant principal.	2986

(B) The board of education of each school district and the	2987
governing board of an educational service center may appoint one	2988
or more assistant superintendents and such other administrators as	2989
are necessary. An assistant educational service center	2990
superintendent or service center supervisor employed on a	2991
part-time basis may also be employed by a local board as a	2992
teacher. The board of each city, exempted village, and local	2993
school district shall employ principals for all high schools and	2994
for such other schools as the board designates, and those boards	2995
may appoint assistant principals for any school that they	2996
designate.	2997

(C) In educational service centers and in city, exempted	2998
village, and local school districts, assistant superintendents,	2999
principals, assistant principals, and other administrators shall	3000
only be employed or reemployed in accordance with nominations of	3001
the superintendent, except that a board of education of a school	3002
district or the governing board of a service center, by a	3003
three-fourths vote of its full membership, may reemploy any	3004
assistant superintendent, principal, assistant principal, or other	3005
administrator whom the superintendent refuses to nominate.	3006

The board of education or governing board shall execute a	3007
written contract of employment with each assistant superintendent,	3008
principal, assistant principal, and other administrator it employs	3009
or reemploys. The term of such contract shall not exceed three	3010
years except that in the case of a person who has been employed as	3011
an assistant superintendent, principal, assistant principal, or	3012
other administrator in the district or center for three years or	3013
more, the term of the contract shall be for not more than five	3014
years and, unless the superintendent of the district recommends	3015
otherwise, not less than two years. If the superintendent so	3016
recommends, the term of the contract of a person who has been	3017
employed by the district or service center as an assistant	3018
superintendent, principal, assistant principal, or other	3019
administrator for three years or more may be one year, but all	3020
subsequent contracts granted such person shall be for a term of	3021
not less than two years and not more than five years. When a	3022
teacher with continuing service status becomes an assistant	3023
superintendent, principal, assistant principal, or other	3024
administrator with the district or service center with which the	3025
teacher holds continuing service status, the teacher retains such	3026
status in the teacher's nonadministrative position as provided in	3027
sections 3319.08 and 3319.09 of the Revised Code.	3028

A board of education or governing board may reemploy an	3029
assistant superintendent, principal, assistant principal, or other	3030
administrator at any regular or special meeting held during the	3031
period beginning on the first day of January of the calendar year	3032
immediately preceding the year of expiration of the employment	3033
contract and ending on the last day of March of the year the	3034
employment contract expires.	3035

Except by mutual agreement of the parties thereto, no	3036
assistant superintendent, principal, assistant principal, or other	3037
administrator shall be transferred during the life of a contract	3038
to a position of lesser responsibility. No contract may be	3039
terminated by a board except pursuant to section 3319.16 of the	3040
Revised Code. No contract may be suspended except pursuant to	3041
section 3319.17 or 3319.171 of the Revised Code. The salaries and	3042
compensation prescribed by such contracts shall not be reduced by	3043
a board unless such reduction is a part of a uniform plan	3044
affecting the entire district or center. The contract shall	3045
specify the employee's administrative position and duties as	3046
included in the job description adopted under division (D) of this	3047
section, the salary and other compensation to be paid for	3048
performance of duties, the number of days to be worked, the number	3049
of days of vacation leave, if any, and any paid holidays in the	3050
contractual year.	3051

An assistant superintendent, principal, assistant principal,	3052
or other administrator is, at the expiration of the current term	3053
of employment, deemed reemployed at the same salary plus any	3054
increments that may be authorized by the board, unless such	3055
employee notifies the board in writing to the contrary on or	3056
before the first day of June, or unless such board, on or before	3057
the last day of March of the year in which the contract of	3058
employment expires, either reemploys such employee for a	3059
succeeding term or gives written notice of its intention not to	3060
reemploy the employee. The term of reemployment of a person	3061
reemployed under this paragraph shall be one year, except that if	3062
such person has been employed by the school district or service	3063
center as an assistant superintendent, principal, assistant	3064
principal, or other administrator for three years or more, the	3065
term of reemployment shall be two years.	3066

(D)(1) Each board shall adopt procedures for the evaluation	3067
of all assistant superintendents, principals, assistant	3068
principals, and other administrators and shall evaluate such	3069
employees in accordance with those procedures. The evaluation	3070
based upon such procedures shall be considered by the board in	3071
deciding whether to renew the contract of employment of an	3072
assistant superintendent, principal, assistant principal, or other	3073
administrator.	3074

(2) The evaluation shall measure each assistant	3075
superintendent's, principal's, assistant principal's, and other	3076
administrator's effectiveness in performing the duties included in	3077
the job description and the evaluation procedures shall provide	3078
for, but not be limited to, the following:	3079

(a) Each assistant superintendent, principal, assistant	3080
principal, and other administrator shall be evaluated annually	3081
through a written evaluation process.	3082

(b) The evaluation shall be conducted by the superintendent	3083
or designee.	3084

(c) In order to provide time to show progress in correcting	3085
the deficiencies identified in the evaluation process, the	3086
evaluation process shall be completed as follows:	3087

(i) In any school year that the employee's contract of	3088
employment is not due to expire, at least one evaluation shall be	3089
completed in that year. A written copy of the evaluation shall be	3090
provided to the employee no later than the end of the employee's	3091
contract year as defined by the employee's annual salary notice.	3092

(ii) In any school year that the employee's contract of	3093
employment is due to expire, at least a preliminary evaluation and	3094
at least a final evaluation shall be completed in that year. A	3095
written copy of the preliminary evaluation shall be provided to	3096
the employee at least sixty days prior to any action by the board	3097
on the employee's contract of employment. The final evaluation	3098
shall indicate the superintendent's intended recommendation to the	3099
board regarding a contract of employment for the employee. A	3100
written copy of the evaluation shall be provided to the employee	3101
at least five days prior to the board's acting to renew or not	3102
renew the contract.	3103

(3) Termination of an assistant superintendent, principal,	3104
assistant principal, or other administrator's contract shall be	3105
pursuant to section 3319.16 of the Revised Code. Suspension of any	3106
such employee shall be pursuant to section 3319.17 or 3319.171 of	3107
the Revised Code.	3108

(4) Before taking action to renew or nonrenew the contract of	3109
an assistant superintendent, principal, assistant principal, or	3110
other administrator under this section and prior to the last day	3111
of March of the year in which such employee's contract expires,	3112
the board shall notify each such employee of the date that the	3113
contract expires and that the employee may request a meeting with	3114
the board. Upon request by such an employee, the board shall grant	3115
the employee a meeting in executive session. In that meeting, the	3116
board shall discuss its reasons for considering renewal or	3117
nonrenewal of the contract. The employee shall be permitted to	3118
have a representative, chosen by the employee, present at the	3119
meeting.	3120

(5) The establishment of an evaluation procedure shall not	3121
create an expectancy of continued employment. Nothing in division	3122
(D) of this section shall prevent a board from making the final	3123
determination regarding the renewal or nonrenewal of the contract	3124
of any assistant superintendent, principal, assistant principal,	3125
or other administrator. However, if a board fails to provide	3126
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	3127
section, or if the board fails to provide at the request of the	3128
employee a meeting as prescribed in division (D)(4) of this	3129
section, the employee automatically shall be reemployed at the	3130
same salary plus any increments that may be authorized by the	3131
board for a period of one year, except that if the employee has	3132
been employed by the district or service center as an assistant	3133
superintendent, principal, assistant principal, or other	3134
administrator for three years or more, the period of reemployment	3135
shall be for two years.	3136

(E) On nomination of the superintendent of a service center a	3137
governing board may employ supervisors who shall be employed under	3138
written contracts of employment for terms not to exceed five years	3139
each. Such contracts may be terminated by a governing board	3140
pursuant to section 3319.16 of the Revised Code. Any supervisor	3141
employed pursuant to this division may terminate the contract of	3142
employment at the end of any school year after giving the board at	3143
least thirty days' written notice prior to such termination. On	3144
the recommendation of the superintendent the contract or contracts	3145
of any supervisor employed pursuant to this division may be	3146
suspended for the remainder of the term of any such contract	3147
pursuant to section 3319.17 or 3319.171 of the Revised Code.	3148

(F)(C) A board may establish vacation leave for any	3149
individuals employed under this section. Upon such an individual's	3150
separation from employment, a board that has such leave may	3151
compensate such an individual at the individual's current rate of	3152
pay for all lawfully accrued and unused vacation leave credited at	3153
the time of separation, not to exceed the amount accrued within	3154
three years before the date of separation. In case of the death of	3155
an individual employed under this section, such unused vacation	3156
leave as the board would have paid to the individual upon	3157
separation under this section shall be paid in accordance with	3158
section 2113.04 of the Revised Code, or to the estate.	3159

(G)(D) The board of education of any school district may	3160
contract with the governing board of the educational service	3161
center from which it otherwise receives services to conduct	3162
searches and recruitment of candidates for assistant	3163
superintendent, principal, assistant principal, and other	3164
administrator positions authorized under this section.	3165

Sec. 3319.03.  The board of education of each city, exempted	3166
village, and local school district may create the position of	3167
business manager. The board shall appoint such business manager	3168
who shall serve pursuant to a contract in accordance with section	3169
3319.02 of the Revised Code. In the discharge of all official	3170
duties, the business manager may be directly responsible to the	3171
board, or to the superintendent of schools, as the board directs	3172
at the time of appointment to the position. Where such business	3173
manager is responsible to the superintendent the business manager	3174
shall be appointed by the superintendent and confirmed by the	3175
board.	3176

No board of education shall appoint or confirm as business	3177
manager any person who does not hold a valid business manager's	3178
license issued under section 3301.074 of the Revised Code. If the	3179
business manager fails to maintain a valid license, the business	3180
manager shall be removed by the board.	3181

Sec. 3319.04.  The business manager shallmay have the care	3182
and custody of all property of the school district, real or	3183
personal, except moneys, supervise the construction of buildings	3184
in the process of erection, and the maintenance, operation, and	3185
repairs thereof, advertise for bids, and purchase and have custody	3186
of all supplies and equipment authorized by the board. The	3187
business manager shallmay assist in the preparation of the annual	3188
appropriation resolution; shallmay appoint and may discharge,	3189
subject to confirmation by the board, noneducational employees,	3190
except as provided in division (B) of section 3313.31 of the	3191
Revised Code; and shallmay prepare and execute all contracts	3192
necessary in carrying out this section.	3193

Sec. 3319.05.  The business manager shall receive such	3194
compensation as is fixed by the board of education before his	3195
election, which shall not be decreased during his term of office.	3196
HeThe business manager shall give such bond as prescribed by the	3197
board for the faithful discharge of hisofficial duties.	3198

Sec. 3319.06. (A) The board of education of each city,	3199
exempted village, or local school district may create the position	3200
of internal auditor. Any person employed by the board as an	3201
internal auditor shall hold a valid permit issued under section	3202
4701.10 of the Revised Code to practice as a certified public	3203
accountant or a public accountant.	3204

(B) The board shall execute a written contract of employment	3205
with each internal auditor it employs. The contract shall specify	3206
the internal auditor's duties, the salary and other compensation	3207
to be paid for performance of those duties, the number of days to	3208
be worked, the number of days of vacation leave, if any, and any	3209
paid holidays in the contractual year. The salary and other	3210
compensation prescribed by the contract may be increased by the	3211
board during the term of the contract but shall not be reduced	3212
during that term unless such reduction is part of a uniform plan	3213
affecting employees of the entire district. The term of the	3214
initial contract shall not exceed three years. Any renewal of the	3215
contract shall be for a term of not less than two years and not	3216
more than five years.	3217

The internal auditor shall be directly responsible to the	3218
board for the performance of all duties outlined in the contract.	3219
If the board does not intend to renew the contract upon its	3220
expiration, the board shall provide written notice to the internal	3221
auditor of its intention not to renew the contract not later than	3222
the last day of March of the year in which the contract expires.	3223
If the board does not provide such notice by that date, the	3224
internal auditor shall be deemed reemployed for a term of one year	3225
at the same salary plus any increments that may be authorized by	3226
the board. Termination of an internal auditor's contract shall be	3227
pursuant to section 3319.16 of the Revised Code.	3228

(C) Each board that employs an internal auditor shall adopt	3229
procedures for the evaluation of the internal auditor and shall	3230
evaluate the internal auditor in accordance with those procedures.	3231
The evaluation based upon the procedures shall be considered by	3232
the board in deciding whether to renew the internal auditor's	3233
contract of employment. The establishment of an evaluation	3234
procedure shall not create an expectancy of continued employment.	3235
Nothing in this section shall prevent the board from making the	3236
final determination regarding the renewal or nonrenewal of the	3237
contract of an internal auditor.	3238

Sec. 3319.07.  (A) The board of education of each city,	3239
exempted village, local, and joint vocational school district	3240
shallmay employ the teachers of the public schools of their	3241
respective districts.	3242

The governing board of each educational service center may	3243
employ special instruction teachers, special education teachers,	3244
and teachers of academic courses in which there are too few	3245
students in each of the constituent local school districts or in	3246
city or exempted village school districts entering into agreements	3247
pursuant to section 3313.843 of the Revised Code to warrant each	3248
district's employing teachers for those courses.	3249

When any board makes appointments of teachers, the teachers	3250
in the employ of the board shall be considered before new teachers	3251
are chosen in their stead. In all school districts and in service	3252
centers no teacher shall be employed unless such person is	3253
nominated by the superintendent of such district or center. Such	3254
board, by a three-fourths vote of its full membership, may	3255
re-employ any teacher whom the superintendent refuses to appoint.	3256

(B) The board of education of any school district may	3257
contract with the governing board of the educational service	3258
center from which it otherwise receives services to conduct	3259
searches and recruitment of candidates for teacher positions.	3260

Sec. 3319.071.  The board of education of any school district	3261
may, by resolution, establish a professional development program	3262
for teachers in accordance with which it may reimburse teachers	3263
employed by the district for all or any part of the cost incurred	3264
by the teacher in the successful completion of a course or	3265
training program in which the teacher enrolled as part of the	3266
development program. The terms and conditions for participation	3267
shall be determined by the board and shall be included in the	3268
resolution establishing the program.	3269

No teacher shall be required to participate in a professional	3270
development program under this section. When a teacher is	3271
participating in such a program, such participation does not	3272
constitute the performance of duties by such teacher in addition	3273
to the teacher's regular teaching duties and is not subject to	3274
section 3319.08 of the Revised Code.	3275

As used in this section, "teacher" has the meaning contained	3276
in division (A) of section 3319.09 of the Revised Code.	3277

Sec. 3319.073.  The board of education of each city and	3278
exempted village school district and the governing board of each	3279
educational service center shallmay develop, in consultation with	3280
public or private agencies or persons involved in child abuse	3281
prevention or intervention programs, a program of in-service	3282
training for persons employed by any school district or service	3283
center to work in an elementary school as a nurse, teacher,	3284
counselor, school psychologist, or administrator. Each person	3285
employed by any school district or service center to work in an	3286
elementary school as a nurse, teacher, counselor, school	3287
psychologist, or administrator shall complete at least four hours	3288
of in-service training in the prevention of child abuse, violence,	3289
and substance abuse and the promotion of positive youth	3290
development within two years of commencing employment with the	3291
district or center, and every five years thereafter. A person who	3292
is employed by any school district or service center to work in an	3293
elementary school as a nurse, teacher, counselor, school	3294
psychologist, or administrator on the effective date of this	3295
amendment shall complete at least four hours of the in-service	3296
training required by this section within two years of the	3297
effective date of this amendment and every five years thereafter.	3298

Sec. 3319.075. Once the state board of education adopts	3299
professional development standards pursuant to section 3319.61 of	3300
the Revised Code, the board of education of each school district	3301
shallmay use the standards for any of the following purposes:	3302

(A) To guide the design of teacher education programs serving	3303
both teacher candidates and experienced teachers;	3304

(B) To guide school-based professional development that is	3305
aligned with student achievement;	3306

(C) To determine what types of professional development the	3307
school district and the schools within the district should	3308
provide;	3309

(D) To guide how state and federal funding for professional	3310
development should be spent;	3311

(E) To develop criteria for decision making by the local	3312
professional development committees established under section	3313
3319.22 of the Revised Code;	3314

(F) To guide the school district in the hiring of third-party	3315
providers of instructional services who use or meet the	3316
professional development standards;	3317

(G) To guide all licensed school personnel in developing	3318
their own plans for professional growth.	3319

Sec. 3319.08.  The board of education of each city, exempted	3320
village, local, and joint vocational school district and the	3321
governing board of each educational service center shallmay enter	3322
into written contracts for the employment and reemployment of all	3323
teachers. The board of each such school district or service center	3324
that authorizes compensation in addition to the base salary stated	3325
in the teachers' salary schedule for the performance of duties by	3326
a teacher that are in addition to the teacher's regular teaching	3327
duties, shallmay enter into a supplemental written contract with	3328
each teacher who is to perform additional duties. Such	3329
supplemental written contracts shall be limited contracts. Such	3330
written contracts and supplemental written contracts shallmay set	3331
forth the teacher's duties and shallmay specify the salaries and	3332
compensation to be paid for regular teaching duties and additional	3333
teaching duties, respectively, either or both of which may be	3334
increased but notor diminished during the term for which the	3335
contract is made, except as provided in section 3319.12 of the	3336
Revised Code.	3337

If a board adopts a motion or resolution to employ a teacher	3338
under a limited or continuing contract and the teacher accepts	3339
such employment, the failure of such parties to execute a written	3340
contract shall not void such employment contract.	3341

Teachers mustmay be paid for all time lost when the schools	3342
in which they are employed are closed due to an epidemic or other	3343
public calamity, and for time lost due to illness or otherwise for	3344
not less than five days annually as authorized by regulations	3345
which each board shallmay adopt.	3346

Contracts for the employment of teachers shall be of two	3347
types, limited contracts and continuing contracts.	3348

(A) A limited contract is:

3349

(1) For a superintendent, a contract for such term as	3350
authorized by section 3319.01 of the Revised Code;	3351

(2) For an assistant superintendent, principal, assistant	3352
principal, or other administrator, a contract for such term as	3353
authorized by section 3319.02 of the Revised Code;	3354

(3) For all other teachers, a contract for a term not to	3355
exceed five years.	3356

(B) A continuing contract is a contract that remains in	3357
effect until the teacher resigns, elects to retire, or is retired	3358
pursuant to former section 3307.37 of the Revised Code, or until	3359
it is terminated or suspended and shall be granted only to the	3360
following:	3361

(1) Any teacher holding a professional, permanent, or life	3362
teacher's certificate;	3363

(2) Any teacher holding a professional educator license who	3364
has completed the applicable one of the following:	3365

(a) If the teacher did not hold a masters degree at the time	3366
of initially receiving a teacher's certificate under former law or	3367
an educator license, thirty semester hours of coursework in the	3368
area of licensure or in an area related to the teaching field	3369
since the initial issuance of such certificate or license, as	3370
specified in rules which the state board of education shall adopt;	3371

(b) If the teacher held a masters degree at the time of	3372
initially receiving a teacher's certificate under former law or an	3373
educator license, six semester hours of graduate coursework in the	3374
area of licensure or in an area related to the teaching field	3375
since the initial issuance of such certificate or license, as	3376
specified in rules which the state board of education shall adopt.	3377

This section applies only to contracts entered into after	3378
August 18, 1969.	3379

After the effective date of this amendment, the board of	3380
education of a school district or the governing board of an	3381
educational service center is not required to enter into a	3382
contract with any teacher that is valid until the teacher resigns;	3383
however, a board shall honor any such contract that the board	3384
entered into prior to that date.	3385

Sec. 3319.081.  Except as otherwise provided in division	3386
(G)(E) of this section, in all school districts wherein the	3387
provisions of Chapter 124. of the Revised Code do not apply, the	3388
following employment contract system shall control for employees	3389
whose contracts of employment are not otherwise provided by law:	3390

(A) Newly hired regular nonteaching school employees,	3391
including regular hourly rate and per diem employees, shallmay	3392
enter into written contracts for their employment which shall be	3393
for a period of not more than one year. If such employees are	3394
rehired, their subsequent contract shall be for a period of two	3395
years.	3396

(B) After the termination of the two-year contract provided	3397
in division (A) of this section, if the contract of a nonteaching	3398
employee is renewed, the employee shall be continued in	3399
employment, and the salary provided in the contract may be	3400
increased but not reduced unless such reduction is a part of a	3401
uniform plan affecting the nonteaching employees of the entire	3402
district.	3403

(C) The contracts as provided for in this section may be	3404
terminated by a majority vote of the board of education. Except as	3405
provided in sections 3319.0810 and 3319.172 of the Revised Code,	3406
the contracts may be terminated only for violation of written	3407
rules and regulations as set forth by the board of education or	3408
for incompetency, inefficiency, dishonesty, drunkenness, immoral	3409
conduct, insubordination, discourteous treatment of the public,	3410
neglect of duty, or any other acts of misfeasance, malfeasance, or	3411
nonfeasance. In addition to the right of the board of education to	3412
terminate the contract of an employee, the board may suspend an	3413
employee for a definite period of time or demote the employee for	3414
the reasons set forth in this division. The action of the board of	3415
education terminating the contract of an employee or suspending or	3416
demoting the employee shall be served upon the employee by	3417
certified mail. Within ten days following the receipt of such	3418
notice by the employee, the employee may file an appeal, in	3419
writing, with the court of common pleas of the county in which	3420
such school board is situated. After hearing the appeal the common	3421
pleas court may affirm, disaffirm, or modify the action of the	3422
school board.	3423

A violation of division (A)(7) of section 2907.03 of the	3424
Revised Code is grounds for termination of employment of a	3425
nonteaching employee under this division.	3426

(D) All employees who have been employed by a school district	3427
where the provisions of Chapter 124. of the Revised Code do not	3428
apply, for a period of at least three years on November 24, 1967,	3429
shall hold continuing contracts of employment pursuant to this	3430
section.	3431

(E)(C) Any nonteaching school employee may terminate the	3432
nonteaching school employee's contract of employment thirty days	3433
subsequent to the filing of a written notice of such termination	3434
with the treasurer of the board.	3435

(F)(D) A person hired exclusively for the purpose of	3436
replacing a nonteaching school employee while such employee is on	3437
leave of absence granted under section 3319.13 of the Revised Code	3438
is not a regular nonteaching school employee under this section.	3439

(G)(E) All nonteaching employees employed pursuant to this	3440
section and Chapter 124. of the Revised Code shallmay be paid for	3441
all time lost when the schools in which they are employed are	3442
closed owing to an epidemic or other public calamity. Nothing in	3443
this division shall be construed as requiring payment in excess of	3444
an employee's regular wage rate or salary for any time worked	3445
while the school in which the employee is employed is officially	3446
closed for the reasons set forth in this division.	3447

Sec. 3319.088.  As used in this section, "educational	3448
assistant" means any nonteaching employee in a school district who	3449
directly assists a teacher as defined in section 3319.09 of the	3450
Revised Code, by performing duties for which a license issued	3451
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	3452
required.	3453

(A) The state board of education shall issue educational aide	3454
permits and educational paraprofessional licenses for educational	3455
assistants and shall adopt rules for the issuance and renewal of	3456
such permits and licenses which shall be consistent with the	3457
provisions of this section. Educational aide permits and	3458
educational paraprofessional licenses may be of several types and	3459
the rules shall prescribe the minimum qualifications of education,	3460
health, and character for the service to be authorized under each	3461
type. The prescribed minimum qualifications may require special	3462
training or educational courses designed to qualify a person to	3463
perform effectively the duties authorized under an educational	3464
aide permit or educational paraprofessional license.	3465

(B)(1) Any application for a permit or license, or a renewal	3466
or duplicate of a permit or license, under this section shall be	3467
accompanied by the payment of a fee in the amount established	3468
under division (A) of section 3319.51 of the Revised Code. Any	3469
fees received under this division shall be paid into the state	3470
treasury to the credit of the state board of education licensure	3471
fund established under division (B) of section 3319.51 of the	3472
Revised Code.	3473

(2) Any person applying for or holding a permit or license	3474
pursuant to this section is subject to sections 3123.41 to 3123.50	3475
of the Revised Code and any applicable rules adopted under section	3476
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	3477
the Revised Code.	3478

(C) Educational assistants shall at all times while in the	3479
performance of their duties be under the supervision and direction	3480
of a teacher as defined in section 3319.09 of the Revised Code.	3481
Educational assistants may assist a teacher to whom assigned in	3482
the supervision of pupils, in assisting with instructional tasks,	3483
and in the performance of duties which, in the judgment of the	3484
teacher to whom the assistant is assigned, may be performed by a	3485
person not licensed pursuant to sections 3319.22 to 3319.30 of the	3486
Revised Code and for which a teaching license, issued pursuant to	3487
sections 3319.22 to 3319.30 of the Revised Code is not required.	3488
The duties of an educational assistant shall not include the	3489
assignment of grades to pupils. The duties of an educational	3490
assistantsassistant need not be performed in the physical	3491
presence of the teacher to whom assigned, but the activity of an	3492
educational assistant shall at all times be under the direction of	3493
the teacher to whom assigned. The assignment of an educational	3494
assistant need not be limited to assisting a single teacher. In	3495
the event an educational assistant is assigned to assist more than	3496
one teacher the assignments shall be clearly delineated and so	3497
arranged that the educational assistant shall never be subject to	3498
simultaneous supervision or direction by more than one teacher.	3499

Educational assistants assigned to supervise children shall,	3500
when the teacher to whom assigned is not physically present,	3501
maintain the degree of control and discipline which would be	3502
maintained by the teacher, but an educational assistant may not	3503
render corporal punishment.	3504

Except when expressly permitted solely for the purposes of	3505
section 3317.029 of the Revised Code, educational assistants may	3506
not be used in place of classroom teachers or other employees and	3507
any payment of compensation by boards of education to educational	3508
assistants for such services is prohibited. The ratio between the	3509
number of licensed teachers and the pupils in a school district	3510
may not be decreased by utilization of educational assistants and	3511
no grouping, or other organization of pupils, for utilization of	3512
educational assistants shall be established which is inconsistent	3513
with sound educational practices and procedures. A school district	3514
may employ up to one full time equivalent educational assistant	3515
for each six full time equivalent licensed employees of the	3516
district. Educational assistants shall not be counted as licensed	3517
employees for purposes of state support in the school foundation	3518
program and no grouping or regrouping of pupils with educational	3519
assistants may be counted as a class or unit for school foundation	3520
program purposes. Neither special courses required by the	3521
regulations of the state board of education, prescribing minimum	3522
qualifications of education for an educational assistant, nor	3523
years of service as an educational assistant shall be counted in	3524
any way toward qualifying for a teacher license, for a teacher	3525
contract of any type, or for determining placement on a salary	3526
schedule in a school district as a teacher.	3527

(D) Educational assistants employed by a board of education	3528
shall have all rights, benefits, and legal protection available to	3529
other nonteaching employees in the school district, except that	3530
provisions of Chapter 124. of the Revised Code shall not apply to	3531
any person employed as an educational assistant, and shall be	3532
members of the school employees retirement system. Educational	3533
assistants shall be compensated according to a salary plan adopted	3534
annually by the board.	3535

Except as provided in this section nonteaching employees	3536
shall not serve as educational assistants without first obtaining	3537
an appropriate educational aide permit or educational	3538
paraprofessional license from the state board of education. A	3539
nonteaching employee who is the holder of a valid educational aide	3540
permit or educational paraprofessional license shall neither	3541
render nor be required to render services inconsistent with the	3542
type of services authorized by the permit or license held. No	3543
person shall receive compensation from a board of education for	3544
services rendered as an educational assistant in violation of this	3545
provision.	3546

Nonteaching employees whose functions are solely	3547
secretarial-clerical and who do not perform any other duties as	3548
educational assistants, even though they assist a teacher and work	3549
under the direction of a teacher shall not be required to hold a	3550
permit or license issued pursuant to this section. Students	3551
preparing to become licensed teachers or educational assistants	3552
shall not be required to hold an educational aide permit or	3553
paraprofessional license for such periods of time as such students	3554
are assigned, as part of their training program, to work with a	3555
teacher in a school district. Such students shall not be	3556
compensated for such services.	3557

Following the determination of the assignment and general job	3558
description of an educational assistant and subject to supervision	3559
by the teacher's immediate administrative officer, a teacher to	3560
whom an educational assistant is assigned shall make all final	3561
determinations of the duties to be assigned to such assistant.	3562
Teachers shall not be required to hold a license designated for	3563
being a supervisor or administrator in order to perform the	3564
necessary supervision of educational assistants.	3565

(E) No person who is, or who has been employed as an	3566
educational assistant shall divulge, except to the teacher to whom	3567
assigned, or the administrator of the school in the absence of the	3568
teacher to whom assigned, or when required to testify in a court	3569
or proceedings, any personal information concerning any pupil in	3570
the school district which was obtained or obtainable by the	3571
educational assistant while so employed. Violation of this	3572
provision is grounds for disciplinary action or dismissal, or	3573
both.	3574

Sec. 3319.10.  Teachers may be employed as substitute	3575
teachers for terms not to exceed one year for assignment as	3576
services are needed to take the place of regular teachers absent	3577
on account of illness or on leaves of absence or to fill	3578
temporarily positions created by emergencies; such assignment to	3579
be subject to termination when such services no longer are needed.	3580

A teacher employed as a substitute with an assignment to one	3581
specific teaching position shallmay after sixty days of service	3582
be granted sick leave, visiting days, and other local privileges	3583
granted to regular teachers including a salary not less than the	3584
minimum salary on the current adopted salary schedule.	3585

A teacher employed as a substitute for one hundred twenty	3586
days or more during a school year and re-employed for or assigned	3587
to a specific teaching position for the succeeding year shallmay	3588
receive a contract as a regular teacher if the substitute meets	3589
the local educational requirements for the employment of regular	3590
teachers.	3591

Teachers employed as substitutes on a casual or day-to-day	3592
basis shall not be entitled to the notice of nonre-employment	3593
prescribed in section 3319.11 of the Revised Code, but boards	3594
Boards of education may grant suchsubstitute teachers employed on	3595
a casual or day-to-day basis sick leave and other local privileges	3596
and cumulate such service in determining seniority.	3597

For purposes of determining in any school year the days of	3598
service of a substitute teacher under this section, any teacher's	3599
days of service in that school year while conditionally employed	3600
as a substitute teacher under section 3319.101 of the Revised Code	3601
shall count as days of service as a substitute teacher under this	3602
section.	3603

Sec. 3319.151.  (A) No person shall reveal to any student any	3604
specific question that the person knows is part of a test to be	3605
administered under section 3301.0711 of the Revised Code or in any	3606
other way assist a pupil to cheat on such a test.	3607

(B) On a finding by the state board of education, after	3608
investigation, that a school employee who holds a license issued	3609
under sections 3319.22 to 3319.31 of the Revised Code has violated	3610
division (A) of this section, the license of such teacher shall be	3611
suspended for one year. Prior to commencing an investigation, the	3612
board shall give the teacher notice of the allegation and an	3613
opportunity to respond and present a defense.	3614

(C)(1) Violation of division (A) of this section is grounds	3615
for termination of employment of a nonteaching employee under	3616
division (C) of section 3319.081 or section 124.34 of the Revised	3617
Code.	3618

(2) Violation of division (A) of this section is grounds for	3619
termination of a teacher contract under section 3319.16 of the	3620
Revised Code.	3621

Sec. 3326.11. Each science, technology, engineering, and	3622
mathematics school established under this chapter and its	3623
governing body shall comply with sections 9.90, 9.91, 109.65,	3624
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	3625
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	3626
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	3627
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	3628
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	3629
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	3630
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	3631
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.32,	3632
3319.321, 3319.35, 3319.39, 3319.391, 3319.45, 3321.01, 3321.13,	3633
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	3634
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	3635
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of	3636
the Revised Code as if it were a school district.	3637

Sec. 3326.20.  (A) As used in this section, "native student"	3638
means a student entitled to attend school in the school district	3639
under section 3313.64 or 3313.65 of the Revised Code.	3640

(B) Unless the proposal for the establishment of a science,	3641
technology, engineering, and mathematics school, as it was	3642
approved by the STEM subcommittee of the partnership for	3643
continued learning under section 3326.03 of the Revised Code,	3644
otherwise provides for the transportation of students to and from	3645
the STEM school, the board of education of each city, local, and	3646
exempted village school district shallmay provide transportation	3647
to and from school for its district's native students enrolled	3648
in the STEM school in the same manner that section 3327.01 of	3649
the Revised Code requires for its native students enrolled in	3650
nonpublic schools.	3651

Sec. 3326.21. (A) Each science, technology, engineering, and	3652
mathematics school shall have a treasurer who is licensed under	3653
section 3301.074 of the Revised Code. The governing body of the	3654
school and the treasurer shall comply with sections 3301.072,	3655
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	3656
the same manner as a school district board of education and a	3657
district treasurer.	3658

(B) Financial records of each STEM school shall be maintained	3659
in the same manner as are financial records of school districts,	3660
pursuant to rules of the auditor of state.	3661

Sec. 3326.51. (A) As used in this section:

3662

(1) "Resident district" has the same meaning as in section	3663
3326.31 of the Revised Code.	3664

(2) "STEM school sponsoring district" means a municipal,	3665
city, local, exempted village, or joint vocational school district	3666
that governs and controls a STEM school pursuant to this section.	3667

(B) Notwithstanding any other provision of this chapter to	3668
the contrary:	3669

(1) If a proposal for a STEM school submitted under section	3670
3326.03 of the Revised Code proposes that the governing body of	3671
the school be the board of education of a municipal, city, local,	3672
exempted village, or joint vocational school district that is one	3673
of the partners submitting the proposal, and the partnership for	3674
continued learning approves that proposal, that school district	3675
board shall govern and control the STEM school as one of the	3676
schools of its district.	3677

(2) The STEM school sponsoring district shall maintain a	3678
separate accounting for the STEM school as a separate and distinct	3679
operational unit within the district's finances. The auditor of	3680
state, in the course of an annual or biennial audit of the school	3681
district serving as the STEM school sponsoring district, shall	3682
audit that school district for compliance with the financing	3683
requirements of this section.	3684

(3) With respect to students enrolled in a STEM school whose	3685
resident district is the STEM school sponsoring district:	3686

(a) The department of education shall make no deductions	3687
under section 3326.33 of the Revised Code from the STEM school	3688
sponsoring district's state payments.	3689

(b) The STEM school sponsoring district shall ensure that it	3690
allocates to the STEM school funds equal to or exceeding the	3691
amount that would be calculated pursuant to division (B) of	3692
section 3313.981 of the Revised Code for the students attending	3693
the school whose resident district is the STEM school sponsoring	3694
district.	3695

(c) The STEM school sponsoring district is responsible for	3696
providing children with disabilities with a free appropriate	3697
public education under Chapter 3323. of the Revised Code.	3698

(d) The STEM school sponsoring district shall provide student	3699
transportation in accordance with laws and policies generally	3700
applicable to the district.	3701

(4) With respect to students enrolled in the STEM school	3702
whose resident district is another school district, the department	3703
shall make no payments or deductions under sections 3326.31 to	3704
3326.49 of the Revised Code. Instead, the students shall be	3705
considered as open enrollment students and the department shall	3706
make payments and deductions in accordance with section 3313.981	3707
of the Revised Code. The STEM school sponsoring district shall	3708
allocate the payments to the STEM school. The STEM school	3709
sponsoring district may enter into financial agreements with the	3710
students' resident districts, which agreements may provide	3711
financial support in addition to the funds received from the open	3712
enrollment calculation. The STEM school sponsoring district shall	3713
allocate all such additional funds to the STEM school.	3714

(5) Where the department is required to make, deny, reduce,	3715
or adjust payments to a STEM school sponsoring district pursuant	3716
to this section, it shall do so in such a manner that the STEM	3717
school sponsoring district may allocate that action to the STEM	3718
school.	3719

(6) A STEM school sponsoring district and its board may	3720
assign its district employees to the STEM school, in which case	3721
section 3326.18 of the Revised Code shall not apply. The district	3722
and board may apply any other resources of the district to the	3723
STEM school in the same manner that it applies district resources	3724
to other district schools.	3725

(7) Provisions of this chapter requiring a STEM school and	3726
its governing body to comply with specified laws as if it were a	3727
school district and in the same manner as a board of education	3728
shall instead require such compliance by the STEM school	3729
sponsoring district and its board of education, respectively, with	3730
respect to the STEM school. Where a STEM school or its governing	3731
body is required to perform a specific duty or permitted to take a	3732
specific action under this chapter, that duty is required to be	3733
performed or that action is permitted to be taken by the STEM	3734
school sponsoring district or its board of education,	3735
respectively, with respect to the STEM school.	3736

(8) No provision of this chapter limits the authority, as	3737
provided otherwise by law, of a school district and its board of	3738
education to levy taxes and issue bonds secured by tax revenues.	3739

(9) The treasurer of the STEM school sponsoring district or,	3740
if the STEM school sponsoring district is a municipal school	3741
district, the chief financial officer of the district, shall have	3742
all of the respective rights, authority, exemptions, and duties	3743
otherwise conferred upon the treasurer or chief financial officer	3744
by the Revised Code.	3745

Sec. 3327.01.  Notwithstanding division (D) of section	3746
3311.19 and division (D) of section 3311.52 of the Revised Code,	3747
this section and sections 3327.011, 3327.012, and 3327.02 of the	3748
Revised Code do not apply to any joint vocational or cooperative	3749
education school district.	3750

In all city, local, and exempted village school districts	3751
where resident school pupils in grades kindergarten through eight	3752
live more than two miles from the school for which the state board	3753
of education prescribes minimum standards pursuant to division (D)	3754
of section 3301.07 of the Revised Code and to which they are	3755
assigned by the board of education of the district of residence or	3756
to and from the nonpublic or community school which they attend	3757
the board of education shall provide transportation for such	3758
pupils to and from such school except as provided in section	3759
3327.02 of the Revised Code.	3760

In all city, local, and exempted village school districts	3761
where pupil transportation is required under a career-technical	3762
plan approved by the state board of education under section	3763
3313.90 of the Revised Code, for any student attending a	3764
career-technical program operated by another school district,	3765
including a joint vocational school district, as prescribed under	3766
that section, the board of education of the student's district of	3767
residence shall provide transportation from the public high school	3768
operated by that district to which the student is assigned to the	3769
career-technical program.	3770

In allEach city, local, and exempted village school	3771
districts the boarddistrict may provide transportation for	3772
resident school pupils in any and all grades nine through twelve	3773
to and from the high school to which they are assigned by the	3774
board of education of the district of residence or to and from the	3775
nonpublic or community high school which they attend for which	3776
the state board of education prescribes minimum standards	3777
pursuant to division (D) of section 3301.07 of the Revised Code.	3778

A board of education shall not be required to transport	3779
elementary or high school pupils to and from a nonpublic or	3780
community school where such transportation would require more than	3781
thirty minutes of direct travel time as measured by school bus	3782
from the public school building to which the pupils would be	3783
assigned if attending the public school designated by the district	3784
of residence.	3785

Where it is impractical to transport a pupil by school	3786
conveyance, a board of education may offer payment, in lieu of	3787
providing such transportation in accordance with section 3327.02	3788
of the Revised Code.	3789

In all city, local, and exempted village school districts the	3790
board shall provide transportation for all children who are so	3791
disabled that they are unable to walk to and from the school for	3792
which the state board of education prescribes minimum standards	3793
pursuant to division (D) of section 3301.07 of the Revised Code	3794
and which they attend. In case of dispute whether the child is	3795
able to walk to and from the school, the health commissioner shall	3796
be the judge of such ability. In all city, exempted village, and	3797
local school districts the board shall provide transportation to	3798
and from school or special education classes for educable mentally	3799
retarded children in accordance with standards adopted by the	3800
state board of education.	3801

When transportation of pupils is provided the conveyance	3802
shall be run on a time schedule that shall be adopted and put in	3803
force by the board not later than ten days after the beginning of	3804
the school term.	3805

In all city, local, and exempted village school districts	3806
where pupil transportation is required under a career-technical	3807
plan approved by the state board of education under section	3808
3313.90 of the Revised Code, for any student attending a	3809
career-technical program operated by another school district,	3810
including a joint vocational school district, as prescribed under	3811
that section, the board of education of the student's district of	3812
residence shall provide transportation from the public high school	3813
operated by that district to which the student is assigned to the	3814
career-technical program.	3815

The cost of any transportation service authorized by this	3816
section shall be paid first out of federal funds, if any,	3817
available for the purpose of pupil transportation, and secondly	3818
out of state appropriations, in accordance with regulations	3819
adopted by the state board of education.	3820

No transportation of any pupils shall be provided by any	3821
board of education to or from any school which in the selection of	3822
pupils, faculty members, or employees, practices discrimination	3823
against any person on the grounds of race, color, religion, or	3824
national origin.	3825

Sec. 3327.03.  Notwithstanding division (D) of section	3826
3311.19 and division (D) of section 3311.52 of the Revised Code,	3827
this section does not apply to any joint vocational or cooperative	3828
education school district.	3829

The boards of education of city, local, or exempted village	3830
school districts may by resolution designate certain places as	3831
depots from which to gather children for transportation to school,	3832
when such districts provide transportation. The places designated	3833
as depots shall be provided with a shelter and be made comfortable	3834
during cold and stormy weather.	3835

Sec. 3327.09.  The board of education of each school district	3836
shallmay procure for the benefit of its employees who operate a	3837
school bus, motor van, or other vehicle used in the transportation	3838
of school children motor vehicle liability insurance for injuries	3839
to persons and property. Such insurance shall be in amounts not	3840
less than one hundred thousand dollars per person, three hundred	3841
thousand dollars per occurrence, fifty thousand dollars property	3842
damage and three thousand dollars medical payments coverage. If	3843
such amounts cannot be procured by a board of education by	3844
ordinary methods from insurance companies authorized to do	3845
business in this state and the superintendent of insurance has	3846
certified that fact in writing, then the board shall procure the	3847
next highest amounts which can reasonably be procured. Each board	3848
of education may procure uninsured motorists insurance.	3849

The board of education of each school district may procure	3850
accident insurance covering all pupils and other authorized	3851
passengers transported under the authority of such board. such	3852
Such accident insurance shallmay provide compensation for injury	3853
or death to any pupil or other authorized passenger caused by any	3854
accident arising out of or in connection with the operation of	3855
such school bus, motor van, or other vehicle used in the	3856
transportation of school children or other authorized passengers,	3857
in such amounts and upon such terms as may be agreed upon by the	3858
board and the insurance company. The insurance procured pursuant	3859
to this section shall be from one or more recognized insurance	3860
companies authorized to do business in this state.	3861

Sec. 3327.10.  (A) No person shall be employed as driver of a	3862
school bus or motor van, owned and operated by any school district	3863
or educational service center or privately owned and operated	3864
under contract with any school district or service center in this	3865
state, who has not received a certificate from the educational	3866
service center governing board in case such person is employed by	3867
a service center or by a local school district under the	3868
supervision of the service center governing board, or by the	3869
superintendent of schools, in case such person is employed by the	3870
board of a city or exempted village school district, certifying	3871
that such person is at least eighteen years of age and is of good	3872
moral character and is qualified physically and otherwise for such	3873
position. The service center governing board or the	3874
superintendent, as the case may be, shall provide for an annual	3875
physical examination that conforms with rules adopted by the state	3876
board of education of each driver to ascertain the driver's	3877
physical fitness for such employment. Any certificate may be	3878
revoked by the authority granting the same on proof that the	3879
holder has been guilty of failing to comply with division (D)(1)	3880
of this section, or upon a conviction or a guilty plea for a	3881
violation, or any other action, that results in a loss or	3882
suspension of driving rights. Failure to comply with such division	3883
may be cause for disciplinary action or termination of employment	3884
under division (C) of section 3319.081, or section 124.34 of the	3885
Revised Code.	3886

(B) No person shall be employed as driver of a school bus or	3887
motor van not subject to the rules of the department of education	3888
pursuant to division (A) of this section who has not received a	3889
certificate from the school administrator or contractor certifying	3890
that such person is at least eighteen years of age, is of good	3891
moral character, and is qualified physically and otherwise for	3892
such position. Each driver shall have an annual physical	3893
examination which conforms to the state highway patrol rules,	3894
ascertaining the driver's physical fitness for such employment.	3895
The examination shall be performed by one of the following:	3896

(1) A person licensed under Chapter 4731. of the Revised Code	3897
or by another state to practice medicine and surgery or	3898
osteopathic medicine and surgery;	3899

(2) A physician assistant;

3900

(3) A certified nurse practitioner;

3901

(4) A clinical nurse specialist;

3902

(5) A certified nurse-midwife.

3903

Any written documentation of the physical examination shall	3904
be completed by the individual who performed the examination.	3905

Any certificate may be revoked by the authority granting the	3906
same on proof that the holder has been guilty of failing to comply	3907
with division (D)(2) of this section.	3908

(C) Any person who drives a school bus or motor van must give	3909
satisfactory and sufficient bond except a driver who is an	3910
employee of a school district and who drives a bus or motor van	3911
owned by the school district.	3912

(D) No person employed as driver of a school bus or motor van	3913
under this section who is convicted of a traffic violation or who	3914
has had the person's commercial driver's license suspended shall	3915
drive a school bus or motor van until the person has filed a	3916
written notice of the conviction or suspension, as follows:	3917

(1) If the person is employed under division (A) of this	3918
section, the person shall file the notice with the superintendent,	3919
or a person designated by the superintendent, of the school	3920
district for which the person drives a school bus or motor van as	3921
an employee or drives a privately owned and operated school bus or	3922
motor van under contract.	3923

(2) If employed under division (B) of this section, the	3924
person shall file the notice with the employing school	3925
administrator or contractor, or a person designated by the	3926
administrator or contractor.	3927

(E) In addition to resulting in possible revocation of a	3928
certificate as authorized by divisions (A) and (B) of this	3929
section, violation of division (D) of this section is a minor	3930
misdemeanor.	3931

(F)(1) Not later than thirty days after June 30, 2007, each	3932
owner of a school bus or motor van shall obtain the complete	3933
driving record for each person who is currently employed or	3934
otherwise authorized to drive the school bus or motor van. An	3935
owner of a school bus or motor van shall not permit a person to	3936
operate the school bus or motor van for the first time before the	3937
owner has obtained the person's complete driving record.	3938
Thereafter, the owner of a school bus or motor van shall obtain	3939
the person's driving record not less frequently than semiannually	3940
if the person remains employed or otherwise authorized to drive	3941
the school bus or motor van. An owner of a school bus or motor	3942
van shall not permit a person to resume operating a school bus or	3943
motor van, after an interruption of one year or longer, before the	3944
owner has obtained the person's complete driving record.	3945

(2) The owner of a school bus or motor van shall not permit a	3946
person to operate the school bus or motor van for six years after	3947
the date on which the person pleads guilty to or is convicted of	3948
a violation of section 4511.19 of the Revised Code or a	3949
substantially equivalent municipal ordinance.	3950

(3) An owner of a school bus or motor van shall not permit	3951
any person to operate such a vehicle unless the person meets all	3952
other requirements contained in rules adopted by the state board	3953
of education prescribing qualifications of drivers of school	3954
buses and other student transportation.	3955

(G) No superintendent of a school district, educational	3956
service center, community school, or public or private employer	3957
shall permit the operation of a vehicle used for pupil	3958
transportation within this state by an individual unless both of	3959
the following apply:	3960

(1) Information pertaining to that driver has been submitted	3961
to the department of education, pursuant to procedures adopted by	3962
that department. Information to be reported shall include the name	3963
of the employer or school district, name of the driver, driver	3964
license number, date of birth, date of hire, status of physical	3965
evaluation, and status of training.	3966

(2) The most recent criminal records check required by	3967
division (J) of this section, including information from the	3968
federal bureau of investigation, has been completed and received	3969
by the superintendent or public or private employer.	3970

(H) A person, school district, educational service center,	3971
community school, nonpublic school, or other public or nonpublic	3972
entity that owns a school bus or motor van, or that contracts with	3973
another entity to operate a school bus or motor van, may impose	3974
more stringent restrictions on drivers than those prescribed in	3975
this section, in any other section of the Revised Code, and in	3976
rules adopted by the state board.	3977

(I) For qualified drivers who, on July 1, 2007, are employed	3978
by the owner of a school bus or motor van to drive the school	3979
bus or motor van, any instance in which the driver was convicted	3980
of or pleaded guilty to a violation of section 4511.19 of the	3981
Revised Code or a substantially equivalent municipal ordinance	3982
prior to two years prior to July 1, 2007, shall not be	3983
considered a disqualifying event with respect to division (F) of	3984
this section.	3985

(J)(1) This division applies to persons hired by a school	3986
district, educational service center, community school, chartered	3987
nonpublic school, or science, technology, engineering, and	3988
mathematics school established under Chapter 3326. of the Revised	3989
Code to operate a vehicle used for pupil transportation.	3990

For each person to whom this division applies who is hired on	3991
or after November 14, 2007, the employer shall request a	3992
criminal records check in accordance with section 3319.39 of the	3993
Revised Code and every six years thereafter. For each person to	3994
whom this division applies who is hired prior to that date, the	3995
employer shall request a criminal records check by a date	3996
prescribed by the department of education and every six years	3997
thereafter.	3998

(2) This division applies to persons hired by a public or	3999
private employer not described in division (J)(1) of this section	4000
to operate a vehicle used for pupil transportation.	4001

For each person to whom this division applies who is hired on	4002
or after November 14, 2007, the employer shall request a	4003
criminal records check prior to the person's hiring and every	4004
six years thereafter. For each person to whom this division	4005
applies who is hired prior to that date, the employer shall	4006
request a criminal records check by a date prescribed by the	4007
department and every six years thereafter.	4008

(3) Each request for a criminal records check under division	4009
(J) of this section shall be made to the superintendent of the	4010
bureau of criminal identification and investigation in the manner	4011
prescribed in section 3319.39 of the Revised Code. Upon receipt of	4012
a request, the bureau shall conduct the criminal records check in	4013
accordance with section 109.572 of the Revised Code as if the	4014
request had been made under section 3319.39 of the Revised Code.	4015

(K) Any person who is the subject of a criminal records check	4016
under division (J) of this section and has been convicted of or	4017
pleaded guilty to any offense described in division (C) of	4018
section 3319.31 of the Revised Code shall not be hired or shall	4019
be released from employment.	4020

Sec. 3327.16.  Notwithstanding division (D) of section	4021
3311.19 and division (D) of section 3311.52 of the Revised Code,	4022
this section does not apply to any joint vocational or cooperative	4023
education school district or its superintendent.	4024

(A) The superintendent of each school district may establish	4025
a volunteer bus rider assistance program, under which qualified	4026
adults or responsible older pupils, as determined by the	4027
superintendent, may be authorized to ride on school buses with	4028
pupils during such periods of time that the buses are being used	4029
to transport pupils to and from schools. Volunteers shall not be	4030
compensated for their services, but older pupils may be excused	4031
early from school to participate in the program.	4032

Volunteers may be assigned duties or responsibilities by the	4033
superintendent, including but not limited to, assisting younger	4034
pupils in embarking and disembarking from buses and in crossing	4035
streets where necessary to ensure the safety of the pupil, aiding	4036
the driver of the bus to maintain order on buses, assisting	4037
pupils with disabilities, and such other activities as the	4038
superintendent determines will aid in the safe and efficient	4039
transportation of pupils.	4040

Volunteers serving under this section are not employees for	4041
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing in	4042
this section shall authorize a board of education to adversely	4043
affect the employment of any employee of the board.	4044

(B) The board of education of each city, local, or exempted	4045
village school district shall present a program to all pupils in	4046
kindergarten through third grade who are offered school bus	4047
transportation and who have not previously attended such program.	4048
The program shall consist of instruction in bus rider behavior,	4049
school bus safety, and the potential problems and hazards	4050
associated with school bus ridership. The department of education	4051
shall prescribe the content and length of such program, which	4052
shall be presented within two weeks after the commencement of	4053
classes each school year.	4054

Sec. 4117.01.  As used in this chapter:

4055

(A) "Person," in addition to those included in division (C)	4056
of section 1.59 of the Revised Code, includes employee	4057
organizations, public employees, and public employers.	4058

(B) "Public employer" means the state or any political	4059
subdivision of the state located entirely within the state,	4060
including, without limitation, any municipal corporation with a	4061
population of at least five thousand according to the most recent	4062
federal decennial census; county; township with a population of at	4063
least five thousand in the unincorporated area of the township	4064
according to the most recent federal decennial census; school	4065
district; governing authority of a community school established	4066
under Chapter 3314. of the Revised Code; state institution of	4067
higher learning; public or special district; state agency,	4068
authority, commission, or board; or other branch of public	4069
employment.	4070

(C) "Public employee" means any person holding a position by	4071
appointment or employment in the service of a public employer,	4072
including any person working pursuant to a contract between a	4073
public employer and a private employer and over whom the national	4074
labor relations board has declined jurisdiction on the basis that	4075
the involved employees are employees of a public employer, except:	4076

(1) Persons holding elective office;

4077

(2) Employees of the general assembly and employees of any	4078
other legislative body of the public employer whose principal	4079
duties are directly related to the legislative functions of the	4080
body;	4081

(3) Employees on the staff of the governor or the chief	4082
executive of the public employer whose principal duties are	4083
directly related to the performance of the executive functions of	4084
the governor or the chief executive;	4085

(4) Persons who are members of the Ohio organized militia,	4086
while training or performing duty under section 5919.29 or 5923.12	4087
of the Revised Code;	4088

(5) Employees of the state employment relations board;

4089

(6) Confidential employees;

4090

(7) Management level employees;

4091

(8) Employees and officers of the courts, assistants to the	4092
attorney general, assistant prosecuting attorneys, and employees	4093
of the clerks of courts who perform a judicial function;	4094

(9) Employees of a public official who act in a fiduciary	4095
capacity, appointed pursuant to section 124.11 of the Revised	4096
Code;	4097

(10) Supervisors;

4098

(11) Students whose primary purpose is educational training,	4099
including graduate assistants or associates, residents, interns,	4100
or other students working as part-time public employees less than	4101
fifty per cent of the normal year in the employee's bargaining	4102
unit;	4103

(12) Employees of county boards of election;

4104

(13) Seasonal and casual employees as determined by the state	4105
employment relations board;	4106

(14) Part-time faculty members of an institution of higher	4107
education;	4108

(15) Employees of the state personnel board of review;

4109

(16) Participants in a work activity, developmental activity,	4110
or alternative work activity under sections 5107.40 to 5107.69 of	4111
the Revised Code who perform a service for a public employer that	4112
the public employer needs but is not performed by an employee of	4113
the public employer if the participant is not engaged in paid	4114
employment or subsidized employment pursuant to the activity;	4115

(17) Employees included in the career professional service of	4116
the department of transportation under section 5501.20 of the	4117
Revised Code;	4118

(18) Employees of community-based correctional facilities and	4119
district community-based correctional facilities created under	4120
sections 2301.51 to 2301.58 of the Revised Code who are not	4121
subject to a collective bargaining agreement on June 1, 2005.	4122

(D) "Employee organization" means any labor or bona fide	4123
organization in which public employees participate and that exists	4124
for the purpose, in whole or in part, of dealing with public	4125
employers concerning grievances, labor disputes, wages, hours,	4126
terms, and other conditions of employment.	4127

(E) "Exclusive representative" means the employee	4128
organization certified or recognized as an exclusive	4129
representative under section 4117.05 of the Revised Code.	4130

(F) "Supervisor" means any individual who has authority, in	4131
the interest of the public employer, to hire, transfer, suspend,	4132
lay off, recall, promote, discharge, assign, reward, or discipline	4133
other public employees; to responsibly direct them; to adjust	4134
their grievances; or to effectively recommend such action, if the	4135
exercise of that authority is not of a merely routine or clerical	4136
nature, but requires the use of independent judgment, provided	4137
that:	4138

(1) Employees of school districts who are department	4139
chairpersons or consulting teachers shall not be deemed	4140
supervisors;	4141

(2) With respect to members of a police or fire department,	4142
no person shall be deemed a supervisor except the chief of the	4143
department or those individuals who, in the absence of the chief,	4144
are authorized to exercise the authority and perform the duties of	4145
the chief of the department. Where prior to June 1, 1982, a public	4146
employer pursuant to a judicial decision, rendered in litigation	4147
to which the public employer was a party, has declined to engage	4148
in collective bargaining with members of a police or fire	4149
department on the basis that those members are supervisors, those	4150
members of a police or fire department do not have the rights	4151
specified in this chapter for the purposes of future collective	4152
bargaining. The state employment relations board shall decide all	4153
disputes concerning the application of division (F)(2) of this	4154
section.	4155

(3) With respect to faculty members of a state institution of	4156
higher education, heads of departments or divisions are	4157
supervisors; however, no other faculty member or group of faculty	4158
members is a supervisor solely because the faculty member or group	4159
of faculty members participate in decisions with respect to	4160
courses, curriculum, personnel, or other matters of academic	4161
policy;	4162

(4) No teacher as defined in section 3319.09 of the Revised	4163
Code shall be designated as a supervisor or a management level	4164
employee unless the teacher is employed under a contract governed	4165
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	4166
is assigned to a position for which a license deemed to be for	4167
administrators under state board rules is required pursuant to	4168
section 3319.22 of the Revised Code.	4169

(G) "To bargain collectively" means to perform the mutual	4170
obligation of the public employer, by its representatives, and the	4171
representatives of its employees to negotiate in good faith at	4172
reasonable times and places with respect to wages, hours, terms,	4173
and other conditions of employment and the continuation,	4174
modification, or deletion of an existing provision of a collective	4175
bargaining agreement, with the intention of reaching an agreement,	4176
or to resolve questions arising under the agreement. "To bargain	4177
collectively" includes executing a written contract incorporating	4178
the terms of any agreement reached. The obligation to bargain	4179
collectively does not mean that either party is compelled to agree	4180
to a proposal nor does it require the making of a concession.	4181

(H) "Strike" means continuous concerted action in failing to	4182
report to duty; willful absence from one's position; or stoppage	4183
of work in whole from the full, faithful, and proper performance	4184
of the duties of employment, for the purpose of inducing,	4185
influencing, or coercing a change in wages, hours, terms, and	4186
other conditions of employment. "Strike" does not include a	4187
stoppage of work by employees in good faith because of dangerous	4188
or unhealthful working conditions at the place of employment that	4189
are abnormal to the place of employment.	4190

(I) "Unauthorized strike" includes, but is not limited to,	4191
concerted action during the term or extended term of a collective	4192
bargaining agreement or during the pendency of the settlement	4193
procedures set forth in section 4117.14 of the Revised Code in	4194
failing to report to duty; willful absence from one's position;	4195
stoppage of work; slowdown, or abstinence in whole or in part from	4196
the full, faithful, and proper performance of the duties of	4197
employment for the purpose of inducing, influencing, or coercing a	4198
change in wages, hours, terms, and other conditions of employment.	4199
"Unauthorized strike" includes any such action, absence, stoppage,	4200
slowdown, or abstinence when done partially or intermittently,	4201
whether during or after the expiration of the term or extended	4202
term of a collective bargaining agreement or during or after the	4203
pendency of the settlement procedures set forth in section 4117.14	4204
of the Revised Code.	4205

(J) "Professional employee" means any employee engaged in	4206
work that is predominantly intellectual, involving the consistent	4207
exercise of discretion and judgment in its performance and	4208
requiring knowledge of an advanced type in a field of science or	4209
learning customarily acquired by a prolonged course in an	4210
institution of higher learning or a hospital, as distinguished	4211
from a general academic education or from an apprenticeship; or an	4212
employee who has completed the courses of specialized intellectual	4213
instruction and is performing related work under the supervision	4214
of a professional person to become qualified as a professional	4215
employee.	4216

(K) "Confidential employee" means any employee who works in	4217
the personnel offices of a public employer and deals with	4218
information to be used by the public employer in collective	4219
bargaining; or any employee who works in a close continuing	4220
relationship with public officers or representatives directly	4221
participating in collective bargaining on behalf of the employer.	4222

(L) "Management level employee" means an individual who	4223
formulates policy on behalf of the public employer, who	4224
responsibly directs the implementation of policy, or who may	4225
reasonably be required on behalf of the public employer to assist	4226
in the preparation for the conduct of collective negotiations,	4227
administer collectively negotiated agreements, or have a major	4228
role in personnel administration. Assistant superintendents,	4229
principals, and assistant principals whose employment is governed	4230
by section 3319.02 of the Revised Code are management level	4231
employees. With respect to members of a faculty of a state	4232
institution of higher education, no person is a management level	4233
employee because of the person's involvement in the formulation or	4234
implementation of academic or institution policy.	4235

(M) "Wages" means hourly rates of pay, salaries, or other	4236
forms of compensation for services rendered.	4237

(N) "Member of a police department" means a person who is in	4238
the employ of a police department of a municipal corporation as a	4239
full-time regular police officer as the result of an appointment	4240
from a duly established civil service eligibility list or under	4241
section 737.15 or 737.16 of the Revised Code, a full-time deputy	4242
sheriff appointed under section 311.04 of the Revised Code, a	4243
township constable appointed under section 509.01 of the Revised	4244
Code, or a member of a township police district police department	4245
appointed under section 505.49 of the Revised Code.	4246

(O) "Members of the state highway patrol" means highway	4247
patrol troopers and radio operators appointed under section	4248
5503.01 of the Revised Code.	4249

(P) "Member of a fire department" means a person who is in	4250
the employ of a fire department of a municipal corporation or a	4251
township as a fire cadet, full-time regular firefighter, or	4252
promoted rank as the result of an appointment from a duly	4253
established civil service eligibility list or under section	4254
505.38, 709.012, or 737.22 of the Revised Code.	4255

(Q) "Day" means calendar day.

4256

Sec. 4117.03.  (A) Public employees have the right to:

4257

(1) Form, join, assist, or participate in, or refrain from	4258
forming, joining, assisting, or participating in, except as	4259
otherwise provided in Chapter 4117. of the Revised Code, any	4260
employee organization of their own choosing;	4261

(2) Engage in other concerted activities for the purpose of	4262
collective bargaining or other mutual aid and protection;	4263

(3) Representation by an employee organization;

4264

(4) Bargain collectively with their public employers to	4265
determine wages, hours, terms and other conditions of employment	4266
and the continuation, modification, or deletion of an existing	4267
provision of a collective bargaining agreement, and enter into	4268
collective bargaining agreements;	4269

(5) Present grievances and have them adjusted, without the	4270
intervention of the bargaining representative, as long as the	4271
adjustment is not inconsistent with the terms of the collective	4272
bargaining agreement then in effect and as long as the bargaining	4273
representatives have the opportunity to be present at the	4274
adjustment.	4275

(B) Persons on active duty or acting in any capacity as	4276
members of the organized militia do not have collective bargaining	4277
rights.	4278

(C) Except as provided in division (D) of this section,	4279
nothing in Chapter 4117. of the Revised Code prohibits public	4280
employers from electing to engage in collective bargaining, to	4281
meet and confer, to hold discussions, or to engage in any other	4282
form of collective negotiations with public employees who are not	4283
subject to Chapter 4117. of the Revised Code pursuant to division	4284
(C) of section 4117.01 of the Revised Code.	4285

After the effective date of this amendment, the board of	4286
education of a school district, the governing board of an	4287
educational service center, or the governing authority of a	4288
community school is not required to collectively bargain with its	4289
employees, but may do so at the discretion of the board of	4290
education, governing board, or governing authority in accordance	4291
with this division. The provisions of any collective bargaining	4292
agreement entered into by a board of education, governing board,	4293
or governing authority prior to that date are enforceable and are	4294
subject to Chapter 4117. of the Revised Code as it existed prior	4295
to that date; however, no board of education, governing board, or	4296
governing authority is required to extend, renew, or modify any	4297
collective bargaining agreement in force on that date.	4298

(D) A public employer shall not engage in collective	4299
bargaining or other forms of collective negotiations with the	4300
employees of county boards of elections referred to in division	4301
(C)(12) of section 4117.01 of the Revised Code.	4302

(E) Employees of public schools may bargain collectively for	4303
health care benefits; however, all health care benefits shall	4304
include best practices prescribed by the school employees health	4305
care board, in accordance with section 9.901 of the Revised Code.	4306

Sec. 4117.04.  (A) Public employers shall extend to an	4307
exclusive representative designated under section 4117.05 of the	4308
Revised Code, the right to represent exclusively the employees in	4309
the appropriate bargaining unit and the right to unchallenged and	4310
exclusive representation for a period of not less than twelve	4311
months following the date of certification and thereafter, if the	4312
public employer and the employee organization enter into an	4313
agreement, for a period of not more than three years from the date	4314
of signing the agreement. For the purposes of this section,	4315
extensions of agreements shall not be construed to affect the	4316
expiration date of the original agreement.	4317

(B) A public employer shall bargain collectively with an	4318
exclusive representative designated under section 4117.05 of the	4319
Revised Code for purposes of Chapter 4117. of the Revised Code.	4320

When the state employment relations board notifies a public	4321
employer that it has certified an employee organization as	4322
exclusive representative for a unit of its employees, the public	4323
employer shall designate an employer representative and promptly	4324
notify the board and the employee organization of histhe employer	4325
representative's identity and address. On certification, the	4326
employee organization shall designate an employee representative	4327
and promptly notify the board and the public employer of histhe	4328
employee representative's identity and address. The board or any	4329
party shall address to the appropriate designated representative	4330
all communications concerned with collective relationships under	4331
Chapter 4117. of the Revised Code. In the case of municipal	4332
corporations, counties, school districts, educational service	4333
centers, villages, and townships, the designation of the employer	4334
representative is as provided in division (C) of section 4117.10	4335
of the Revised Code. The designated representative of a party may	4336
sign agreements resulting from collective bargaining on behalf of	4337
histhe representative's designator; but the agreements are	4338
subject to the procedures set forth in Chapter 4117. of the	4339
Revised Code.	4340

Sec. 4117.06.  (A) The state employment relations board shall	4341
decide in each case the unit appropriate for the purposes of	4342
collective bargaining. The determination is final and conclusive	4343
and not appealable to the court.	4344

(B) The board shall determine the appropriateness of each	4345
bargaining unit and shall consider among other relevant factors:	4346
the desires of the employees; the community of interest; wages,	4347
hours, and other working conditions of the public employees; the	4348
effect of over-fragmentation; the efficiency of operations of the	4349
public employer; the administrative structure of the public	4350
employer; and the history of collective bargaining.	4351

(C) The board may determine a unit to be the appropriate unit	4352
in a particular case, even though some other unit might also be	4353
appropriate.	4354

(D) In addition, in determining the appropriate unit, the	4355
board shall not:	4356

(1) Decide that any unit is appropriate if the unit includes	4357
both professional and nonprofessional employees, unless a majority	4358
of the professional employees and a majority of the	4359
nonprofessional employees first vote for inclusion in the unit;	4360

(2) Include guards or correction officers at correctional or	4361
mental institutions, special police officers appointed in	4362
accordance with sections 5119.14 and 5123.13 of the Revised Code,	4363
psychiatric attendants employed at mental health forensic	4364
facilities, youth leaders employed at juvenile correction	4365
facilities, or any public employee employed as a guard to enforce	4366
against other employees rules to protect property of the employer	4367
or to protect the safety of persons on the employer's premises in	4368
a unit with other employees;	4369

(3) Include members of a police or fire department or members	4370
of the state highway patrol in a unit with other classifications	4371
of public employees of the department;	4372

(4) Designate as appropriate a bargaining unit that contains	4373
more than one institution of higher education; nor shall it within	4374
any such institution of higher education designate as appropriate	4375
a unit where such designation would be inconsistent with the	4376
accreditation standards or interpretations of such standards,	4377
governing such institution of higher education or any department,	4378
school, or college thereof. For the purposes of this division, any	4379
branch or regional campus of a public institution of higher	4380
education is part of that institution of higher education.	4381

(5) Designate as appropriate a bargaining unit that contains	4382
employees within the jurisdiction of more than one elected county	4383
office holder, unless the county-elected office holder and the	4384
board of county commissioners agree to such other designation;	4385

(6) With respect to members of a police department, designate	4386
as appropriate a unit that includes rank and file members of the	4387
department with members who are of the rank of sergeant or above;	4388

(7) Except as otherwise provided by division (A)(3) of	4389
section 3314.10 or division (B) of section 3326.18 of the Revised	4390
Code, designate as appropriate a bargaining unit that contains	4391
employees from multiple community schools established under	4392
Chapter 3314. or multiple science, technology, engineering, and	4393
mathematics schools established under Chapter 3326. of the Revised	4394
Code. For purposes of this division, more than one unit may be	4395
designated within a single community school or science,	4396
technology, engineering, and mathematics school.	4397

This section shall not be deemed to prohibit multiunit	4398
bargaining.	4399

Sec. 4117.08.  (A) All matters pertaining to wages, hours, or	4400
terms and other conditions of employment and the continuation,	4401
modification, or deletion of an existing provision of a collective	4402
bargaining agreement are subject to collective bargaining between	4403
the public employer and the exclusive representative, except as	4404
otherwise specified in this section and division (E) of section	4405
4117.03 of the Revised Code.	4406

(B) The conduct and grading of civil service examinations,	4407
the rating of candidates, the establishment of eligible lists from	4408
the examinations, and the original appointments from the eligible	4409
lists are not appropriate subjects for collective bargaining.	4410

(C) Unless a public employer agrees otherwise in a collective	4411
bargaining agreement, nothing in Chapter 4117. of the Revised Code	4412
impairs the right and responsibility of each public employer to:	4413

(1) Determine matters of inherent managerial policy which	4414
include, but are not limited to, areas of discretion or policy	4415
such as the functions and programs of the public employer,	4416
standards of services, its overall budget, utilization of	4417
technology, and organizational structure;	4418

(2) Direct, supervise, evaluate, or hire employees;

4419

(3) Maintain and improve the efficiency and effectiveness of	4420
governmental operations;	4421

(4) Determine the overall methods, process, means, or	4422
personnel by which governmental operations are to be conducted;	4423

(5) Suspend, discipline, demote, or discharge for just cause,	4424
or lay off, transfer, assign, schedule, promote, or retain	4425
employees;	4426

(6) Determine the adequacy of the work force;

4427

(7) Determine the overall mission of the employer as a unit	4428
of government;	4429

(8) Effectively manage the work force;

4430

(9) Take actions to carry out the mission of the public	4431
employer as a governmental unit.	4432

The employer is not required to bargain on subjects reserved	4433
to the management and direction of the governmental unit except as	4434
affect wages, hours, terms and conditions of employment, and the	4435
continuation, modification, or deletion of an existing provision	4436
of a collective bargaining agreement. A public employee or	4437
exclusive representative may raise a legitimate complaint or file	4438
a grievance based on the collective bargaining agreement.	4439

Sec. 4117.09.  (A) The parties to any collective bargaining	4440
agreement shall reduce the agreement to writing and both execute	4441
it.	4442

(B) The agreement shall contain a provision that:

4443

(1) Provides for a grievance procedure which may culminate	4444
with final and binding arbitration of unresolved grievances, and	4445
disputed interpretations of agreements, and which is valid and	4446
enforceable under its terms when entered into in accordance with	4447
this chapter. No publication thereof is required to make it	4448
effective. A party to the agreement may bring suits for violation	4449
of agreements or the enforcement of an award by an arbitrator in	4450
the court of common pleas of any county wherein a party resides or	4451
transacts business.	4452

(2) Authorizes the public employer to deduct the periodic	4453
dues, initiation fees, and assessments of members of the exclusive	4454
representative upon presentation of a written deduction	4455
authorization by the employee.	4456

(C) The agreement may contain a provision that requires as a	4457
condition of employment, on or after a mutually agreed upon	4458
probationary period or sixty days following the beginning of	4459
employment, whichever is less, or the effective date of a	4460
collective bargaining agreement, whichever is later, that the	4461
employees in the unit who are not members of the employee	4462
organization pay to the employee organization a fair share fee.	4463
The arrangement does not require any employee to become a member	4464
of the employee organization, nor shall fair share fees exceed	4465
dues paid by members of the employee organization who are in the	4466
same bargaining unit. Any public employee organization	4467
representing public employees pursuant to this chapter shall	4468
prescribe an internal procedure to determine a rebate, if any, for	4469
nonmembers which conforms to federal law, provided a nonmember	4470
makes a timely demand on the employee organization. Absent	4471
arbitrary and capricious action, such determination is conclusive	4472
on the parties except that a challenge to the determination may be	4473
filed with the state employment relations board within thirty days	4474
of the determination date specifying the arbitrary or capricious	4475
nature of the determination and the board shall review the rebate	4476
determination and decide whether it was arbitrary or capricious.	4477
The deduction of a fair share fee by the public employer from the	4478
payroll check of the employee and its payment to the employee	4479
organization is automatic and does not require the written	4480
authorization of the employee.	4481

The internal rebate procedure shall provide for a rebate of	4482
expenditures in support of partisan politics or ideological causes	4483
not germainegermane to the work of employee organizations in the	4484
realm of collective bargaining.	4485

Any public employee who is a member of and adheres to	4486
established and traditional tenets or teachings of a bona fide	4487
religion or religious body which has historically held	4488
conscientious objections to joining or financially supporting an	4489
employee organization and which is exempt from taxation under the	4490
provisions of the Internal Revenue Code shall not be required to	4491
join or financially support any employee organization as a	4492
condition of employment. Upon submission of proper proof of	4493
religious conviction to the board, the board shall declare the	4494
employee exempt from becoming a member of or financially	4495
supporting an employee organization. The employee shall be	4496
required, in lieu of the fair share fee, to pay an amount of money	4497
equal to the fair share fee to a nonreligious charitable fund	4498
exempt from taxation under section 501(c)(3) of the Internal	4499
Revenue Code mutually agreed upon by the employee and the	4500
representative of the employee organization to which the employee	4501
would otherwise be required to pay the fair share fee. The	4502
employee shall furnish to the employee organization written	4503
receipts evidencing such payment, and failure to make the payment	4504
or furnish the receipts shall subject the employee to the same	4505
sanctions as would nonpayment of dues under the applicable	4506
collective bargaining agreement.	4507

No public employer shall agree to a provision requiring that	4508
a public employee become a member of an employee organization as a	4509
condition for securing or retaining employment.	4510

(D) As used in this division, "teacher" means any employee of	4511
a school district certified to teach in the public schools of this	4512
state.	4513

The agreement may contain a provision that provides for a	4514
peer review plan under which teachers in a bargaining unit or	4515
representatives of an employee organization representing teachers	4516
may, for other teachers of the same bargaining unit or teachers	4517
whom the employee organization represents, participate in	4518
assisting, instructing, reviewing, evaluating, or appraising and	4519
make recommendations or participate in decisions with respect to	4520
the retention, discharge, renewal, or nonrenewal of, the teachers	4521
covered by a peer review plan.	4522

The participation of teachers or their employee organization	4523
representative in a peer review plan permitted under this division	4524
shall not be construed as an unfair labor practice under this	4525
chapter or as a violation of any other provision of law or rule	4526
adopted pursuant thereto.	4527

(E) No agreement shall contain an expiration date that is	4528
later than three years from the date of execution. The parties may	4529
extend any agreement, but the extensions do not affect the	4530
expiration date of the original agreement.	4531

Sec. 4117.10.  (A) An agreement between a public employer and	4532
an exclusive representative entered into pursuant to this chapter	4533
governs the wages, hours, and terms and conditions of public	4534
employment covered by the agreement. If the agreement provides for	4535
a final and binding arbitration of grievances, public employers,	4536
employees, and employee organizations are subject solely to that	4537
grievance procedure and the state personnel board of review or	4538
civil service commissions have no jurisdiction to receive and	4539
determine any appeals relating to matters that were the subject of	4540
a final and binding grievance procedure. Where no agreement exists	4541
or where an agreement makes no specification about a matter, the	4542
public employer and public employees are subject to all applicable	4543
state or local laws or ordinances pertaining to the wages, hours,	4544
and terms and conditions of employment for public employees. Laws	4545
pertaining to civil rights, affirmative action, unemployment	4546
compensation, workers' compensation, the retirement of public	4547
employees, and residency requirements, the minimum educational	4548
requirements contained in the Revised Code pertaining to public	4549
education including the requirement of a certificate by the fiscal	4550
officer of a school district pursuant to section 5705.41 of the	4551
Revised Code,and the provisions of division (A) of section 124.34	4552
of the Revised Code governing the disciplining of officers and	4553
employees who have been convicted of a felony, and the minimum	4554
standards promulgated by the state board of education pursuant to	4555
division (D) of section 3301.07 of the Revised Code prevail over	4556
conflicting provisions of agreements between employee	4557
organizations and public employers. The law pertaining to the	4558
leave of absence and compensation provided under section 5923.05	4559
of the Revised Code prevails over any conflicting provisions of	4560
such agreements if the terms of the agreement contain benefits	4561
which are less than those contained in that section or the	4562
agreement contains no such terms and the public authority is the	4563
state or any agency, authority, commission, or board of the state	4564
or if the public authority is another entity listed in division	4565
(B) of section 4117.01 of the Revised Code that elects to provide	4566
leave of absence and compensation as provided in section 5923.05	4567
of the Revised Code. Except for sections 306.08, 306.12, 306.35,	4568
and 4981.22 of the Revised Code and arrangements entered into	4569
thereunder, and section 4981.21 of the Revised Code as necessary	4570
to comply with section 13(c) of the "Urban Mass Transportation Act	4571
of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and	4572
arrangements entered into thereunder, this chapter prevails over	4573
any and all other conflicting laws, resolutions, provisions,	4574
present or future, except as otherwise specified in this chapter	4575
or as otherwise specified by the general assembly. Nothing in this	4576
section prohibits or shall be construed to invalidate the	4577
provisions of an agreement establishing supplemental workers'	4578
compensation or unemployment compensation benefits or exceeding	4579
minimum requirements contained in the Revised Code pertaining to	4580
public education or the minimum standards promulgated by the state	4581
board of education pursuant to division (D) of section 3301.07 of	4582
the Revised Code.	4583

(B) The public employer shall submit a request for funds	4584
necessary to implement an agreement and for approval of any other	4585
matter requiring the approval of the appropriate legislative body	4586
to the legislative body within fourteen days of the date on which	4587
the parties finalize the agreement, unless otherwise specified,	4588
but if the appropriate legislative body is not in session at the	4589
time, then within fourteen days after it convenes. The legislative	4590
body must approve or reject the submission as a whole, and the	4591
submission is deemed approved if the legislative body fails to act	4592
within thirty days after the public employer submits the	4593
agreement. The parties may specify that those provisions of the	4594
agreement not requiring action by a legislative body are effective	4595
and operative in accordance with the terms of the agreement,	4596
provided there has been compliance with division (C) of this	4597
section. If the legislative body rejects the submission of the	4598
public employer, either party may reopen all or part of the entire	4599
agreement.	4600

As used in this section, "legislative body" includes the	4601
governing board of a municipal corporation, school district,	4602
college or university, village, township, or board of county	4603
commissioners or any other body that has authority to approve the	4604
budget of their public jurisdiction and, with regard to the state,	4605
"legislative body" means the controlling board.	4606

(C) The chief executive officer, or the chief executive	4607
officer's representative, of each municipal corporation, the	4608
designated representative of the board of education of each school	4609
district, college or university, or any other body that has	4610
authority to approve the budget of their public jurisdiction, the	4611
designated representative of the board of county commissioners and	4612
of each elected officeholder of the county whose employees are	4613
covered by the collective negotiations, and the designated	4614
representative of the village or the board of township trustees of	4615
each township is responsible for negotiations in the collective	4616
bargaining process; except that the legislative body may accept or	4617
reject a proposed collective bargaining agreement. When the	4618
matters about which there is agreement are reduced to writing and	4619
approved by the employee organization and the legislative body,	4620
the agreement is binding upon the legislative body, the employer,	4621
and the employee organization and employees covered by the	4622
agreement.	4623

(D) There is hereby established an office of collective	4624
bargaining in the department of administrative services for the	4625
purpose of negotiating with and entering into written agreements	4626
between state agencies, departments, boards, and commissions and	4627
the exclusive representative on matters of wages, hours, terms and	4628
other conditions of employment and the continuation, modification,	4629
or deletion of an existing provision of a collective bargaining	4630
agreement. Nothing in any provision of law to the contrary shall	4631
be interpreted as excluding the bureau of workers' compensation	4632
and the industrial commission from the preceding sentence. This	4633
office shall not negotiate on behalf of other statewide elected	4634
officials or boards of trustees of state institutions of higher	4635
education who shall be considered as separate public employers for	4636
the purposes of this chapter; however, the office may negotiate on	4637
behalf of these officials or trustees where authorized by the	4638
officials or trustees. The staff of the office of collective	4639
bargaining are in the unclassified service. The director of	4640
administrative services shall fix the compensation of the staff.	4641

The office of collective bargaining shall:

4642

(1) Assist the director in formulating management's	4643
philosophy for public collective bargaining as well as planning	4644
bargaining strategies;	4645

(2) Conduct negotiations with the exclusive representatives	4646
of each employee organization;	4647

(3) Coordinate the state's resources in all mediation,	4648
fact-finding, and arbitration cases as well as in all labor	4649
disputes;	4650

(4) Conduct systematic reviews of collective bargaining	4651
agreements for the purpose of contract negotiations;	4652

(5) Coordinate the systematic compilation of data by all	4653
agencies that is required for negotiating purposes;	4654

(6) Prepare and submit an annual report and other reports as	4655
requested to the governor and the general assembly on the	4656
implementation of this chapter and its impact upon state	4657
government.	4658

Section 2. That existing sections 9.41, 9.833, 9.90, 124.01,	4659
124.11, 124.271, 124.34, 124.38, 124.40, 124.57, 3301.07,	4660
3301.072, 3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20,	4661
3313.202, 3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79,	4662
3313.81, 3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091,	4663
3315.062, 3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011,	4664
3319.02, 3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071,	4665
3319.073, 3319.075, 3319.08, 3319.081, 3319.088, 3319.10,	4666
3319.151, 3326.11, 3326.20, 3326.21, 3326.51, 3327.01, 3327.03,	4667
3327.09, 3327.10, 3327.16, 4117.01, 4117.03, 4117.04, 4117.06,	4668
4117.08, 4117.09, and 4117.10 and sections 5.23, 9.901, 117.53,	4669
124.011, 124.54, 3301.22, 3313.174, 3313.211, 3313.41, 3313.472,	4670
3313.482, 3313.51, 3313.534, 3313.535, 3313.537, 3313.60,	4671
3313.601, 3313.602, 3313.608, 3313.609, 3313.6011, 3313.6012,	4672
3313.6013, 3313.6014, 3313.63, 3313.648, 3313.66, 3313.661,	4673
3313.662, 3313.664, 3313.666, 3313.667, 3313.70, 3313.712,	4674
3313.76, 3313.77, 3313.78, 3313.80, 3313.801, 3313.811, 3314.10,	4675
3314.20, 3315.17, 3315.171, 3315.18, 3315.181, 3315.19, 3317.12,	4676
3317.13, 3317.14, 3317.15, 3319.072, 3319.082, 3319.083,	4677
3319.084, 3319.085, 3319.086, 3319.087, 3319.0810, 3319.0811,	4678
3319.09, 3319.101, 3319.11, 3319.111, 3319.12, 3319.13, 3319.131,	4679
3319.14, 3319.141, 3319.142, 3319.143, 3319.16, 3319.161,	4680
3319.17, 3319.171, 3319.172, 3319.18, 3319.181, 3319.33, 3319.63,	4681
3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07,	4682
3324.10, 3326.18, 3327.011, 3327.02, 3327.15, 4117.101, and	4683
4117.102 of the Revised Code are hereby repealed.	4684