S. B. No. 335 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 335

Senators Turner, Lehner

Cosponsors: Senators Jones, LaRose, Eklund, Obhof, Wagoner

A BILL

To amend sections 124.36, 2903.13, 2921.02, 3302.03,

3302.04, 3302.061, 3307.01, 3311.71, 3311.72,

3311.74, 3311.76, 3313.41, 3313.411, 3313.975,

3314.012, 3314.016, 3314.10, 3314.35, 3314.36,

3316.07, 3318.08, 3319.02, 3319.071, 3319.10,

3319.112, 3319.12, 3319.13, 3319.14, 3319.141,

3319.143, 3319.151, 3319.18, 3319.283, 4141.29,

5705.192, 5705.21, 5705.212, 5705.215, 5705.216,

5705.218, 5705.251, 5705.261, and 5748.01 and to

enact sections 3311.77 to 3311.86, 3313.412, and

3314.351 of the Revised Code to revise the

management of municipal school districts and

community schools located within municipal school

districts; to permit the establishment of a

Municipal School District Transformation Alliance;

to expand the offense of bribery to cover

directors, officers, and employees of the

Alliance; and to authorize municipal school

districts to levy property taxes the revenue from

which may be shared with qualifying community

schools.

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

Section 1. That sections 124.36, 2903.13, 2921.02, 3302.03,	22
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, 3311.76,	23
3313.41, 3313.411, 3313.975, 3314.012, 3314.016, 3314.10, 3314.35,	24
3314.36, 3316.07, 3318.08, 3319.02, 3319.071, 3319.10, 3319.112,	25
3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, 3319.18,	26
3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215,	27
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 be amended and	28
sections 3311.77, 3311.78, 3311.79, 3311.80, 3311.81, 3311.82,	29
3311.83, 3311.84, 3311.85, 3311.86, 3313.412, and 3314.351 of the	30
Revised Code be enacted to read as follows:	31

Sec. 124.36. It shall be sufficient cause for the removal of	32
any public employees including teachers in the public schools or	33
any state supported educational institution when such public	34
employee or teacher advocates or willfully retains membership in	35
an organization which advocates overthrow of the government of the	36
United States or of the state, by force, violence or other	37
unlawful means.	38

The procedure for the termination of a contract of a teacher	39
under the provisions of this section shall be in the manner set	40
forth in section 3311.82 or 3319.16 of the Revised Code. The	41
procedure for the removal of all other public employees under the	42
provisions of this section shall be the same as is provided in	43
section 124.34 of the Revised Code, except that the decision of	44
the state personnel board of review or the municipal civil service	45
commission shall be subject to appeal to the court of common pleas	46
of the county in which such public employees are employed to	47
determine the sufficiency of the cause of removal. Such appeal	48
shall be taken within ten days from the finding of the board or	49
commission.	50

Sec. 2903.13. (A) No person shall knowingly cause or attempt	51
to cause physical harm to another or to another's unborn.	52

(B) No person shall recklessly cause serious physical harm to	53
another or to another's unborn.	54

(C) Whoever violates this section is guilty of assault, and	55
the court shall sentence the offender as provided in this division	56
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	57
Except as otherwise provided in division (C)(1), (2), (3), (4), or	58
(5) of this section, assault is a misdemeanor of the first degree.	59

(1) Except as otherwise provided in this division, if the	60
offense is committed by a caretaker against a functionally	61
impaired person under the caretaker's care, assault is a felony of	62
the fourth degree. If the offense is committed by a caretaker	63
against a functionally impaired person under the caretaker's care,	64
if the offender previously has been convicted of or pleaded guilty	65
to a violation of this section or section 2903.11 or 2903.16 of	66
the Revised Code, and if in relation to the previous conviction	67
the offender was a caretaker and the victim was a functionally	68
impaired person under the offender's care, assault is a felony of	69
the third degree.	70

(2) If the offense is committed in any of the following	71
circumstances, assault is a felony of the fifth degree:	72

(a) The offense occurs in or on the grounds of a state	73
correctional institution or an institution of the department of	74
youth services, the victim of the offense is an employee of the	75
department of rehabilitation and correction, the department of	76
youth services, or a probation department or is on the premises of	77
the particular institution for business purposes or as a visitor,	78
and the offense is committed by a person incarcerated in the state	79
correctional institution, by a person institutionalized in the	80
department of youth services institution pursuant to a commitment	81
to the department of youth services, by a parolee, by an offender	82
under transitional control, under a community control sanction, or	83
on an escorted visit, by a person under post-release control, or	84
by an offender under any other type of supervision by a government	85
agency.	86

(b) The offense occurs in or on the grounds of a local	87
correctional facility, the victim of the offense is an employee of	88
the local correctional facility or a probation department or is on	89
the premises of the facility for business purposes or as a	90
visitor, and the offense is committed by a person who is under	91
custody in the facility subsequent to the person's arrest for any	92
crime or delinquent act, subsequent to the person's being charged	93
with or convicted of any crime, or subsequent to the person's	94
being alleged to be or adjudicated a delinquent child.	95

(c) The offense occurs off the grounds of a state	96
correctional institution and off the grounds of an institution of	97
the department of youth services, the victim of the offense is an	98
employee of the department of rehabilitation and correction, the	99
department of youth services, or a probation department, the	100
offense occurs during the employee's official work hours and while	101
the employee is engaged in official work responsibilities, and the	102
offense is committed by a person incarcerated in a state	103
correctional institution or institutionalized in the department of	104
youth services who temporarily is outside of the institution for	105
any purpose, by a parolee, by an offender under transitional	106
control, under a community control sanction, or on an escorted	107
visit, by a person under post-release control, or by an offender	108
under any other type of supervision by a government agency.	109

(d) The offense occurs off the grounds of a local	110
correctional facility, the victim of the offense is an employee of	111
the local correctional facility or a probation department, the	112
offense occurs during the employee's official work hours and while	113
the employee is engaged in official work responsibilities, and the	114
offense is committed by a person who is under custody in the	115
facility subsequent to the person's arrest for any crime or	116
delinquent act, subsequent to the person being charged with or	117
convicted of any crime, or subsequent to the person being alleged	118
to be or adjudicated a delinquent child and who temporarily is	119
outside of the facility for any purpose or by a parolee, by an	120
offender under transitional control, under a community control	121
sanction, or on an escorted visit, by a person under post-release	122
control, or by an offender under any other type of supervision by	123
a government agency.	124

(e) The victim of the offense is a school teacher or	125
administrator or a school bus operator, and the offense occurs in	126
a school, on school premises, in a school building, on a school	127
bus, or while the victim is outside of school premises or a school	128
bus and is engaged in duties or official responsibilities	129
associated with the victim's employment or position as a school	130
teacher or administrator or a school bus operator, including, but	131
not limited to, driving, accompanying, or chaperoning students at	132
or on class or field trips, athletic events, or other school	133
extracurricular activities or functions outside of school	134
premises.	135

(3) If the victim of the offense is a peace officer or an	136
investigator of the bureau of criminal identification and	137
investigation, a firefighter, or a person performing emergency	138
medical service, while in the performance of their official	139
duties, assault is a felony of the fourth degree.	140

(4) If the victim of the offense is a peace officer or an	141
investigator of the bureau of criminal identification and	142
investigation and if the victim suffered serious physical harm as	143
a result of the commission of the offense, assault is a felony of	144
the fourth degree, and the court, pursuant to division (F) of	145
section 2929.13 of the Revised Code, shall impose as a mandatory	146
prison term one of the prison terms prescribed for a felony of the	147
fourth degree that is at least twelve months in duration.	148

(5) If the victim of the offense is an officer or employee of	149
a public children services agency or a private child placing	150
agency and the offense relates to the officer's or employee's	151
performance or anticipated performance of official	152
responsibilities or duties, assault is either a felony of the	153
fifth degree or, if the offender previously has been convicted of	154
or pleaded guilty to an offense of violence, the victim of that	155
prior offense was an officer or employee of a public children	156
services agency or private child placing agency, and that prior	157
offense related to the officer's or employee's performance or	158
anticipated performance of official responsibilities or duties, a	159
felony of the fourth degree.	160

(6) If an offender who is convicted of or pleads guilty to	161
assault when it is a misdemeanor also is convicted of or pleads	162
guilty to a specification as described in section 2941.1423 of the	163
Revised Code that was included in the indictment, count in the	164
indictment, or information charging the offense, the court shall	165
sentence the offender to a mandatory jail term as provided in	166
division (G) of section 2929.24 of the Revised Code.	167

If an offender who is convicted of or pleads guilty to	168
assault when it is a felony also is convicted of or pleads guilty	169
to a specification as described in section 2941.1423 of the	170
Revised Code that was included in the indictment, count in the	171
indictment, or information charging the offense, except as	172
otherwise provided in division (C)(4) of this section, the court	173
shall sentence the offender to a mandatory prison term as provided	174
in division (B)(8) of section 2929.14 of the Revised Code.	175

(D) As used in this section:

176

(1) "Peace officer" has the same meaning as in section	177
2935.01 of the Revised Code.	178

(2) "Firefighter" has the same meaning as in section 3937.41	179
of the Revised Code.	180

(3) "Emergency medical service" has the same meaning as in	181
section 4765.01 of the Revised Code.	182

(4) "Local correctional facility" means a county,	183
multicounty, municipal, municipal-county, or multicounty-municipal	184
jail or workhouse, a minimum security jail established under	185
section 341.23 or 753.21 of the Revised Code, or another county,	186
multicounty, municipal, municipal-county, or multicounty-municipal	187
facility used for the custody of persons arrested for any crime or	188
delinquent act, persons charged with or convicted of any crime, or	189
persons alleged to be or adjudicated a delinquent child.	190

(5) "Employee of a local correctional facility" means a	191
person who is an employee of the political subdivision or of one	192
or more of the affiliated political subdivisions that operates the	193
local correctional facility and who operates or assists in the	194
operation of the facility.	195

(6) "School teacher or administrator" means either of the	196
following:	197

(a) A person who is employed in the public schools of the	198
state under a contract described in section 3311.77 or 3319.08 of	199
the Revised Code in a position in which the person is required to	200
have a certificate issued pursuant to sections 3319.22 to 3319.311	201
of the Revised Code.	202

(b) A person who is employed by a nonpublic school for which	203
the state board of education prescribes minimum standards under	204
section 3301.07 of the Revised Code and who is certificated in	205
accordance with section 3301.071 of the Revised Code.	206

(7) "Community control sanction" has the same meaning as in	207
section 2929.01 of the Revised Code.	208

(8) "Escorted visit" means an escorted visit granted under	209
section 2967.27 of the Revised Code.	210

(9) "Post-release control" and "transitional control" have	211
the same meanings as in section 2967.01 of the Revised Code.	212

(10) "Investigator of the bureau of criminal identification	213
and investigation" has the same meaning as in section 2903.11 of	214
the Revised Code.	215

Sec. 2921.02. (A) No person, with purpose to corrupt a	216
public servant or party official, or improperly to influence ~~him~~a	217
public servant or party official with respect to the discharge of	218
~~his~~the public servant's or party official's duty, whether before	219
or after hethe public servant or party official is elected,	220
appointed, qualified, employed, summoned, or sworn, shall promise,	221
offer, or give any valuable thing or valuable benefit.	222

(B) No person, either before or after hethe person is	223
elected, appointed, qualified, employed, summoned, or sworn as a	224
public servant or party official, shall knowingly solicit or	225
accept for ~~himself~~self or another person any valuable thing or	226
valuable benefit to corrupt or improperly influence ~~him~~the person	227
or another public servant or party official with respect to the	228
discharge of ~~his~~the person's or the other public servant's or	229
party official's duty.	230

(C) No person, with purpose to corrupt a witness or	231
improperly to influence ~~him~~a witness with respect to ~~his~~the	232
witness's testimony in an official proceeding, either before or	233
after hethe witness is subpoenaed or sworn, shall promise, offer,	234
or give ~~him~~the witness or another person any valuable thing or	235
valuable benefit.	236

(D) No person, either before or after hethe person is	237
subpoenaed or sworn as a witness, shall knowingly solicit or	238
accept for ~~himself~~self or another person any valuable thing or	239
valuable benefit to corrupt or improperly influence ~~him~~self or	240
another person with respect to ~~his~~ testimony given in an official	241
proceeding.	242

(E) No person, with purpose to corrupt a director, officer,	243
or employee of a municipal school district transformation alliance	244
established under section 3311.86 of the Revised Code, or	245
improperly to influence a director, officer, or employee of a	246
municipal school district transformation alliance with respect to	247
the discharge of the director's, officer's, or employee's duties,	248
whether before or after the director, officer, or employee is	249
appointed or employed, shall promise, offer, or give the director,	250
officer, or employee any valuable thing or valuable benefit.	251

(F) No person, either before or after the person is appointed	252
or employed as a director, officer, or employee of a municipal	253
school district transformation alliance established under section	254
3311.86 of the Revised Code, shall knowingly solicit or accept for	255
self or another person any valuable thing or valuable benefit to	256
corrupt or improperly influence the person or another director,	257
officer, or employee of a municipal school district transformation	258
alliance with respect to the discharge of the person's or other	259
director's, officer's, or employee's duties.	260

(G) Whoever violates this section is guilty of bribery, a	261
felony of the third degree.	262

~~(F)~~(H) A public servant or party official, or director,	263
officer, or employee of a municipal school district transformation	264
alliance established under section 3311.86 of the Revised Code,	265
who is convicted of bribery is forever disqualified from holding	266
any public office, employment, or position of trust in this state.	267

Sec. 3302.03. (A) Annually the department of education shall	268
report for each school district and each school building in a	269
district all of the following:	270

(1) The extent to which the school district or building meets	271
each of the applicable performance indicators created by the state	272
board of education under section 3302.02 of the Revised Code and	273
the number of applicable performance indicators that have been	274
achieved;	275

(2) The performance index score of the school district or	276
building;	277

(3) Whether the school district or building has made adequate	278
yearly progress;	279

(4) Whether the school district or building is excellent,	280
effective, needs continuous improvement, is under an academic	281
watch, or is in a state of academic emergency.	282

(B) Except as otherwise provided in division (B)(6) of this	283
section:	284

(1) A school district or building shall be declared excellent	285
if it meets at least ninety-four per cent of the applicable state	286
performance indicators or has a performance index score	287
established by the department, except that if it does not make	288
adequate yearly progress for two or more of the same subgroups for	289
three or more consecutive years, it shall be declared effective.	290

(2) A school district or building shall be declared effective	291
if it meets at least seventy-five per cent but less than	292
ninety-four per cent of the applicable state performance	293
indicators or has a performance index score established by the	294
department, except that if it does not make adequate yearly	295
progress for two or more of the same subgroups for three or more	296
consecutive years, it shall be declared in need of continuous	297
improvement.	298

(3) A school district or building shall be declared to be in	299
need of continuous improvement if it fulfills one of the following	300
requirements:	301

(a) It makes adequate yearly progress, meets less than	302
seventy-five per cent of the applicable state performance	303
indicators, and has a performance index score established by the	304
department.	305

(b) It does not make adequate yearly progress and either	306
meets at least fifty per cent but less than seventy-five per cent	307
of the applicable state performance indicators or has a	308
performance index score established by the department.	309

(4) A school district or building shall be declared to be	310
under an academic watch if it does not make adequate yearly	311
progress and either meets at least thirty-one per cent but less	312
than fifty per cent of the applicable state performance indicators	313
or has a performance index score established by the department.	314

(5) A school district or building shall be declared to be in	315
a state of academic emergency if it does not make adequate yearly	316
progress, does not meet at least thirty-one per cent of the	317
applicable state performance indicators, and has a performance	318
index score established by the department.	319

(6) Division (B)(6) of this section does not apply to any	320
community school established under Chapter 3314. of the Revised	321
Code in which a majority of the students are enrolled in a dropout	322
prevention and recovery program.	323

A school district or building shall not be assigned a higher	324
performance rating than in need of continuous improvement if at	325
least ten per cent but not more than fifteen per cent of the	326
enrolled students do not take all achievement assessments	327
prescribed for their grade level under division (A)(1) or (B)(1)	328
of section 3301.0710 of the Revised Code from which they are not	329
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	330
the Revised Code. A school district or building shall not be	331
assigned a higher performance rating than under an academic watch	332
if more than fifteen per cent but not more than twenty per cent of	333
the enrolled students do not take all achievement assessments	334
prescribed for their grade level under division (A)(1) or (B)(1)	335
of section 3301.0710 of the Revised Code from which they are not	336
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	337
the Revised Code. A school district or building shall not be	338
assigned a higher performance rating than in a state of academic	339
emergency if more than twenty per cent of the enrolled students do	340
not take all achievement assessments prescribed for their grade	341
level under division (A)(1) or (B)(1) of section 3301.0710 of the	342
Revised Code from which they are not excused pursuant to division	343
(C)(1) or (3) of section 3301.0711 of the Revised Code.	344

(C)(1) The department shall issue annual report cards for	345
each school district, each building within each district, and for	346
the state as a whole reflecting performance on the indicators	347
created by the state board under section 3302.02 of the Revised	348
Code, the performance index score, and adequate yearly progress.	349

(2) The department shall include on the report card for each	350
district information pertaining to any change from the previous	351
year made by the school district or school buildings within the	352
district on any performance indicator.	353

(3) When reporting data on student performance, the	354
department shall disaggregate that data according to the following	355
categories:	356

(a) Performance of students by age group;

357

(b) Performance of students by race and ethnic group;

358

359

(d) Performance of students grouped by those who have been	360
enrolled in a district or school for three or more years;	361

(e) Performance of students grouped by those who have been	362
enrolled in a district or school for more than one year and less	363
than three years;	364

(f) Performance of students grouped by those who have been	365
enrolled in a district or school for one year or less;	366

(g) Performance of students grouped by those who are	367
economically disadvantaged;	368

(h) Performance of students grouped by those who are enrolled	369
in a conversion community school established under Chapter 3314.	370
of the Revised Code;	371

(i) Performance of students grouped by those who are	372
classified as limited English proficient;	373

(j) Performance of students grouped by those who have	374
disabilities;	375

(k) Performance of students grouped by those who are	376
classified as migrants;	377

(l) Performance of students grouped by those who are	378
identified as gifted pursuant to Chapter 3324. of the Revised	379
Code.	380

The department may disaggregate data on student performance	381
according to other categories that the department determines are	382
appropriate. To the extent possible, the department shall	383
disaggregate data on student performance according to any	384
combinations of two or more of the categories listed in divisions	385
(C)(3)(a) to (l) of this section that it deems relevant.	386

In reporting data pursuant to division (C)(3) of this	387
section, the department shall not include in the report cards any	388
data statistical in nature that is statistically unreliable or	389
that could result in the identification of individual students.	390
For this purpose, the department shall not report student	391
performance data for any group identified in division (C)(3) of	392
this section that contains less than ten students.	393

(4) The department may include with the report cards any	394
additional education and fiscal performance data it deems	395
valuable.	396

(5) The department shall include on each report card a list	397
of additional information collected by the department that is	398
available regarding the district or building for which the report	399
card is issued. When available, such additional information shall	400
include student mobility data disaggregated by race and	401
socioeconomic status, college enrollment data, and the reports	402
prepared under section 3302.031 of the Revised Code.	403

The department shall maintain a site on the world wide web.	404
The report card shall include the address of the site and shall	405
specify that such additional information is available to the	406
public at that site. The department shall also provide a copy of	407
each item on the list to the superintendent of each school	408
district. The district superintendent shall provide a copy of any	409
item on the list to anyone who requests it.	410

(6)~~(a) This division~~Division (C)(6) of this section does not	411
apply to conversion community schools that primarily enroll	412
students between sixteen and twenty-two years of age who dropped	413
out of high school or are at risk of dropping out of high school	414
due to poor attendance, disciplinary problems, or suspensions.	415

(a) For any district that sponsors a conversion community	416
school under Chapter 3314. of the Revised Code, the department	417
shall combine data regarding the academic performance of students	418
enrolled in the community school with comparable data from the	419
schools of the district for the purpose of calculating the	420
performance of the district as a whole on the report card issued	421
for the district.	422

(b) Any district that leases a building to a community school	423
located in the district or that enters into an agreement with a	424
community school located in the district whereby the district and	425
the school endorse each other's programs may elect to have data	426
regarding the academic performance of students enrolled in the	427
community school combined with comparable data from the schools of	428
the district for the purpose of calculating the performance of the	429
district as a whole on the district report card. Any district that	430
so elects shall annually file a copy of the lease or agreement	431
with the department.	432

(c) Any municipal school district, as defined in section	433
3311.71 of the Revised Code, that sponsors, provides services to,	434
or leases a building to a start-up or conversion community school	435
located within the district's territory, or that enters into an	436
agreement with a community school located within the district's	437
territory whereby the district and the community school endorse	438
each other's programs, may elect (i) to have data regarding the	439
academic performance of students enrolled in the community school	440
combined with comparable data from the schools of the district for	441
the purpose of calculating the performance of the district as a	442
whole on the district's report card and (ii) to have the students	443
attending the community school included in the district's average	444
daily student enrollment as reported in the district's report	445
card. Any district that so elects shall annually file with the	446
department a copy of the lease or agreement and other	447
documentation indicating eligibility for that election, as	448
required by the department.	449

(7) The department shall include on each report card the	450
percentage of teachers in the district or building who are highly	451
qualified, as defined by the "No Child Left Behind Act of 2001,"	452
and a comparison of that percentage with the percentages of such	453
teachers in similar districts and buildings.	454

(8) The department shall include on the report card the	455
number of lead teachers employed by each district and each	456
building once the data is available from the education management	457
information system established under section 3301.0714 of the	458
Revised Code.	459

(D)(1) In calculating English language arts, mathematics,	460
social studies, or science assessment passage rates used to	461
determine school district or building performance under this	462
section, the department shall include all students taking an	463
assessment with accommodation or to whom an alternate assessment	464
is administered pursuant to division (C)(1) or (3) of section	465
3301.0711 of the Revised Code.	466

(2) In calculating performance index scores, rates of	467
achievement on the performance indicators established by the state	468
board under section 3302.02 of the Revised Code, and adequate	469
yearly progress for school districts and buildings under this	470
section, the department shall do all of the following:	471

(a) Include for each district or building only those students	472
who are included in the ADM certified for the first full school	473
week of October and are continuously enrolled in the district or	474
building through the time of the spring administration of any	475
assessment prescribed by division (A)(1) or (B)(1) of section	476
3301.0710 of the Revised Code that is administered to the	477
student's grade level;	478

(b) Include cumulative totals from both the fall and spring	479
administrations of the third grade English language arts	480
achievement assessment;	481

(c) Except as required by the "No Child Left Behind Act of	482
2001" for the calculation of adequate yearly progress, exclude for	483
each district or building any limited English proficient student	484
who has been enrolled in United States schools for less than one	485
full school year.	486

Sec. 3302.04. (A) The department of education shall	487
establish a system of intensive, ongoing support for the	488
improvement of school districts and school buildings. In	489
accordance with the model of differentiated accountability	490
described in section 3302.041 of the Revised Code, the system	491
shall give priority to districts and buildings that have been	492
declared to be under an academic watch or in a state of academic	493
emergency under section 3302.03 of the Revised Code and shall	494
include services provided to districts and buildings through	495
regional service providers, such as educational service centers.	496

(B) This division does not apply to any school district after	497
June 30, 2008.	498

When a school district has been notified by the department	499
pursuant to division (A) of section 3302.03 of the Revised Code	500
that the district or a building within the district has failed to	501
make adequate yearly progress for two consecutive school years,	502
the district shall develop a three-year continuous improvement	503
plan for the district or building containing each of the	504
following:	505

(1) An analysis of the reasons for the failure of the	506
district or building to meet any of the applicable performance	507
indicators established under section 3302.02 of the Revised Code	508
that it did not meet and an analysis of the reasons for its	509
failure to make adequate yearly progress;	510

(2) Specific strategies that the district or building will	511
use to address the problems in academic achievement identified in	512
division (B)(1) of this section;	513

(3) Identification of the resources that the district will	514
allocate toward improving the academic achievement of the district	515
or building;	516

(4) A description of any progress that the district or	517
building made in the preceding year toward improving its academic	518
achievement;	519

(5) An analysis of how the district is utilizing the	520
professional development standards adopted by the state board	521
pursuant to section 3319.61 of the Revised Code;	522

(6) Strategies that the district or building will use to	523
improve the cultural competency, as defined pursuant to section	524
3319.61 of the Revised Code, of teachers and other educators.	525

No three-year continuous improvement plan shall be developed	526
or adopted pursuant to this division unless at least one public	527
hearing is held within the affected school district or building	528
concerning the final draft of the plan. Notice of the hearing	529
shall be given two weeks prior to the hearing by publication in	530
one newspaper of general circulation within the territory of the	531
affected school district or building. Copies of the plan shall be	532
made available to the public.	533

(C) When a school district or building has been notified by	534
the department pursuant to division (A) of section 3302.03 of the	535
Revised Code that the district or building is under an academic	536
watch or in a state of academic emergency, the district or	537
building shall be subject to any rules establishing intervention	538
in academic watch or emergency school districts or buildings.	539

(D)(1) Within one hundred twenty days after any school	540
district or building is declared to be in a state of academic	541
emergency under section 3302.03 of the Revised Code, the	542
department may initiate a site evaluation of the building or	543
school district.	544

(2) Division (D)(2) of this section does not apply to any	545
school district after June 30, 2008.	546

If any school district that is declared to be in a state of	547
academic emergency or in a state of academic watch under section	548
3302.03 of the Revised Code or encompasses a building that is	549
declared to be in a state of academic emergency or in a state of	550
academic watch fails to demonstrate to the department satisfactory	551
improvement of the district or applicable buildings or fails to	552
submit to the department any information required under rules	553
established by the state board of education, prior to approving a	554
three-year continuous improvement plan under rules established by	555
the state board of education, the department shall conduct a site	556
evaluation of the school district or applicable buildings to	557
determine whether the school district is in compliance with	558
minimum standards established by law or rule.	559

(3) Site evaluations conducted under divisions (D)(1) and (2)	560
of this section shall include, but not be limited to, the	561
following:	562

(a) Determining whether teachers are assigned to subject	563
areas for which they are licensed or certified;	564

(b) Determining pupil-teacher ratios;

565

(c) Examination of compliance with minimum instruction time	566
requirements for each school day and for each school year;	567

(d) Determining whether materials and equipment necessary to	568
implement the curriculum approved by the school district board are	569
available;	570

(e) Examination of whether the teacher and principal	571
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,	572
and 3319.111 of the Revised Code;	573

(f) Examination of the adequacy of efforts to improve the	574
cultural competency, as defined pursuant to section 3319.61 of the	575
Revised Code, of teachers and other educators.	576

(E) This division applies only to school districts that	577
operate a school building that fails to make adequate yearly	578
progress for two or more consecutive school years. It does not	579
apply to any such district after June 30, 2008, except as provided	580
in division (D)(2) of section 3313.97 of the Revised Code.	581

(1) For any school building that fails to make adequate	582
yearly progress for two consecutive school years, the district	583
shall do all of the following:	584

(a) Provide written notification of the academic issues that	585
resulted in the building's failure to make adequate yearly	586
progress to the parent or guardian of each student enrolled in the	587
building. The notification shall also describe the actions being	588
taken by the district or building to improve the academic	589
performance of the building and any progress achieved toward that	590
goal in the immediately preceding school year.	591

(b) If the building receives funds under Title 1, Part A of	592
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	593
6311 to 6339, from the district, in accordance with section	594
3313.97 of the Revised Code, offer all students enrolled in the	595
building the opportunity to enroll in an alternative building	596
within the district that is not in school improvement status as	597
defined by the "No Child Left Behind Act of 2001." Notwithstanding	598
Chapter 3327. of the Revised Code, the district shall spend an	599
amount equal to twenty per cent of the funds it receives under	600
Title I, Part A of the "Elementary and Secondary Education Act of	601
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	602
students who enroll in alternative buildings under this division,	603
unless the district can satisfy all demand for transportation with	604
a lesser amount. If an amount equal to twenty per cent of the	605
funds the district receives under Title I, Part A of the	606
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	607
to 6339, is insufficient to satisfy all demand for transportation,	608
the district shall grant priority over all other students to the	609
lowest achieving students among the subgroup described in division	610
(B)(3) of section 3302.01 of the Revised Code in providing	611
transportation. Any district that does not receive funds under	612
Title I, Part A of the "Elementary and Secondary Education Act of	613
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	614
transportation to any student who enrolls in an alternative	615
building under this division.	616

(2) For any school building that fails to make adequate	617
yearly progress for three consecutive school years, the district	618
shall do both of the following:	619

(a) If the building receives funds under Title 1, Part A of	620
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	621
6311 to 6339, from the district, in accordance with section	622
3313.97 of the Revised Code, provide all students enrolled in the	623
building the opportunity to enroll in an alternative building	624
within the district that is not in school improvement status as	625
defined by the "No Child Left Behind Act of 2001." Notwithstanding	626
Chapter 3327. of the Revised Code, the district shall provide	627
transportation for students who enroll in alternative buildings	628
under this division to the extent required under division (E)(2)	629
of this section.	630

(b) If the building receives funds under Title 1, Part A of	631
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	632
6311 to 6339, from the district, offer supplemental educational	633
services to students who are enrolled in the building and who are	634
in the subgroup described in division (B)(3) of section 3302.01 of	635
the Revised Code.	636

The district shall spend a combined total of an amount equal	637
to twenty per cent of the funds it receives under Title I, Part A	638
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	639
6311 to 6339, to provide transportation for students who enroll in	640
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	641
this section and to pay the costs of the supplemental educational	642
services provided to students under division (E)(2)(b) of this	643
section, unless the district can satisfy all demand for	644
transportation and pay the costs of supplemental educational	645
services for those students who request them with a lesser amount.	646
In allocating funds between the requirements of divisions	647
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	648
shall spend at least an amount equal to five per cent of the funds	649
it receives under Title I, Part A of the "Elementary and Secondary	650
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	651
transportation for students who enroll in alternative buildings	652
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	653
district can satisfy all demand for transportation with a lesser	654
amount, and at least an amount equal to five per cent of the funds	655
it receives under Title I, Part A of the "Elementary and Secondary	656
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	657
of the supplemental educational services provided to students	658
under division (E)(2)(b) of this section, unless the district can	659
pay the costs of such services for all students requesting them	660
with a lesser amount. If an amount equal to twenty per cent of the	661
funds the district receives under Title I, Part A of the	662
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	663
to 6339, is insufficient to satisfy all demand for transportation	664
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	665
the costs of all of the supplemental educational services provided	666
to students under division (E)(2)(b) of this section, the district	667
shall grant priority over all other students in providing	668
transportation and in paying the costs of supplemental educational	669
services to the lowest achieving students among the subgroup	670
described in division (B)(3) of section 3302.01 of the Revised	671
Code.	672

Any district that does not receive funds under Title I, Part	673
A of the "Elementary and Secondary Education Act of 1965," 20	674
U.S.C. 6311 to 6339, shall not be required to provide	675
transportation to any student who enrolls in an alternative	676
building under division (E)(2)(a) of this section or to pay the	677
costs of supplemental educational services provided to any student	678
under division (E)(2)(b) of this section.	679

No student who enrolls in an alternative building under	680
division (E)(2)(a) of this section shall be eligible for	681
supplemental educational services under division (E)(2)(b) of this	682
section.	683

(3) For any school building that fails to make adequate	684
yearly progress for four consecutive school years, the district	685
shall continue to comply with division (E)(2) of this section and	686
shall implement at least one of the following options with respect	687
to the building:	688

(a) Institute a new curriculum that is consistent with the	689
statewide academic standards adopted pursuant to division (A) of	690
section 3301.079 of the Revised Code;	691

(b) Decrease the degree of authority the building has to	692
manage its internal operations;	693

(c) Appoint an outside expert to make recommendations for	694
improving the academic performance of the building. The district	695
may request the department to establish a state intervention team	696
for this purpose pursuant to division (G) of this section.	697

(d) Extend the length of the school day or year;

698

(e) Replace the building principal or other key personnel;

699

(f) Reorganize the administrative structure of the building.

700

(4) For any school building that fails to make adequate	701
yearly progress for five consecutive school years, the district	702
shall continue to comply with division (E)(2) of this section and	703
shall develop a plan during the next succeeding school year to	704
improve the academic performance of the building, which shall	705
include at least one of the following options:	706

(a) Reopen the school as a community school under Chapter	707
3314. of the Revised Code;	708

(b) Replace personnel;

709

(c) Contract with a nonprofit or for-profit entity to operate	710
the building;	711

(d) Turn operation of the building over to the department;

712

(e) Other significant restructuring of the building's	713
governance.	714

(5) For any school building that fails to make adequate	715
yearly progress for six consecutive school years, the district	716
shall continue to comply with division (E)(2) of this section and	717
shall implement the plan developed pursuant to division (E)(4) of	718
this section.	719

(6) A district shall continue to comply with division	720
(E)(1)(b) or (E)(2) of this section, whichever was most recently	721
applicable, with respect to any building formerly subject to one	722
of those divisions until the building makes adequate yearly	723
progress for two consecutive school years.	724

(F) This division applies only to school districts that have	725
been identified for improvement by the department pursuant to the	726
"No Child Left Behind Act of 2001." It does not apply to any such	727
district after June 30, 2008.	728

(1) If a school district has been identified for improvement	729
for one school year, the district shall provide a written	730
description of the continuous improvement plan developed by the	731
district pursuant to division (B) of this section to the parent or	732
guardian of each student enrolled in the district. If the district	733
does not have a continuous improvement plan, the district shall	734
develop such a plan in accordance with division (B) of this	735
section and provide a written description of the plan to the	736
parent or guardian of each student enrolled in the district.	737

(2) If a school district has been identified for improvement	738
for two consecutive school years, the district shall continue to	739
implement the continuous improvement plan developed by the	740
district pursuant to division (B) or (F)(1) of this section.	741

(3) If a school district has been identified for improvement	742
for three consecutive school years, the department shall take at	743
least one of the following corrective actions with respect to the	744
district:	745

(a) Withhold a portion of the funds the district is entitled	746
to receive under Title I, Part A of the "Elementary and Secondary	747
Education Act of 1965," 20 U.S.C. 6311 to 6339;	748

(b) Direct the district to replace key district personnel;

749

(c) Institute a new curriculum that is consistent with the	750
statewide academic standards adopted pursuant to division (A) of	751
section 3301.079 of the Revised Code;	752

(d) Establish alternative forms of governance for individual	753
school buildings within the district;	754

(e) Appoint a trustee to manage the district in place of the	755
district superintendent and board of education.	756

The department shall conduct individual audits of a sampling	757
of districts subject to this division to determine compliance with	758
the corrective actions taken by the department.	759

(4) If a school district has been identified for improvement	760
for four consecutive school years, the department shall continue	761
to monitor implementation of the corrective action taken under	762
division (F)(3) of this section with respect to the district.	763

(5) If a school district has been identified for improvement	764
for five consecutive school years, the department shall take at	765
least one of the corrective actions identified in division (F)(3)	766
of this section with respect to the district, provided that the	767
corrective action the department takes is different from the	768
corrective action previously taken under division (F)(3) of this	769
section with respect to the district.	770

(G) The department may establish a state intervention team to	771
evaluate all aspects of a school district or building, including	772
management, curriculum, instructional methods, resource	773
allocation, and scheduling. Any such intervention team shall be	774
appointed by the department and shall include teachers and	775
administrators recognized as outstanding in their fields. The	776
intervention team shall make recommendations regarding methods for	777
improving the performance of the district or building.	778

The department shall not approve a district's request for an	779
intervention team under division (E)(3) of this section if the	780
department cannot adequately fund the work of the team, unless the	781
district agrees to pay for the expenses of the team.	782

(H) The department shall conduct individual audits of a	783
sampling of community schools established under Chapter 3314. of	784
the Revised Code to determine compliance with this section.	785

(I) The state board shall adopt rules for implementing this	786
section.	787

Sec. 3302.061. (A) A school district board of education shall	788
review each application received under section 3302.06 of the	789
Revised Code and, within sixty days after receipt of the	790
application, shall approve or disapprove the application. In	791
reviewing applications, the board shall give preference to	792
applications that propose innovations in one or more of the	793
following areas:	794

(1) Curriculum;

795

(2) Student assessments, other than the assessments	796
prescribed by sections 3301.0710 and 3301.0712 of the Revised	797
Code;	798

(3) Class scheduling;

799

(4) Accountability measures, including innovations that	800
expand the number and variety of measures used in order to collect	801
more complete data about student academic performance. For this	802
purpose, schools may consider use of measures such as	803
end-of-course examinations, portfolios of student work, nationally	804
or internationally normed assessments, the percentage of students	805
enrolling in post-secondary education, or the percentage of	806
students simultaneously obtaining a high school diploma and an	807
associate's degree or certification to work in an industry or	808
career field.	809

(5) Provision of student services, including services for	810
students who are disabled, identified as gifted under Chapter	811
3324. of the Revised Code, limited English proficient, at risk of	812
academic failure or dropping out, or at risk of suspension or	813
expulsion;	814

(6) Provision of health, counseling, or other social services	815
to students;	816

(7) Preparation of students for transition to higher	817
education or the workforce;	818

(8) Teacher recruitment, employment, and evaluation;

819

(9) Compensation for school personnel;

820

(10) Professional development;

821

(11) School governance and the roles and responsibilities of	822
principals;	823

(12) Use of financial or other resources.

824

(B)(1) If the board approves an application seeking	825
designation as an innovation school, it shall so designate the	826
school that submitted the application. If the board approves an	827
application seeking designation as an innovation school zone, it	828
shall so designate the participating schools that submitted the	829
application.	830

(2) If the board disapproves an application, it shall provide	831
a written explanation of the basis for its decision to the school	832
or schools that submitted the application. The school or schools	833
may reapply for designation as an innovation school or innovation	834
school zone at any time.	835

(C) The board may approve an application that allows an	836
innovation school or a school participating in an innovation	837
school zone to determine the compensation of board employees	838
working in the school, but the total compensation for all such	839
employees shall not exceed the financial resources allocated to	840
the school by the board. The school shall not be required to	841
comply with the salary schedule adopted by the board under section	842
3311.78, 3317.14, or 3317.141 of the Revised Code. The board may	843
approve an application that allows an innovation school or a	844
school participating in an innovation school zone to remove board	845
employees from the school, but no employee shall be terminated	846
except as provided in section 3311.82, 3319.081, or 3319.16 of the	847
Revised Code.	848

(D) The board may do either of the following at any time:

849

(1) Designate a school as an innovation school by creating an	850
innovation plan for that school and offering the school an	851
opportunity to participate in the plan's creation;	852

(2) Designate as an innovation school zone two or more	853
schools that share common interests based on factors such as	854
geographical proximity or similar educational programs or that	855
serve the same classes of students as they advance to higher grade	856
levels, by creating an innovation plan for those schools and	857
offering the schools an opportunity to participate in the plan's	858
creation.	859

Sec. 3307.01. As used in this chapter:

860

(A) "Employer" means the board of education, school district,	861
governing authority of any community school established under	862
Chapter 3314. of the Revised Code, a science, technology,	863
engineering, and mathematics school established under Chapter	864
3326. of the Revised Code, college, university, institution, or	865
other agency within the state by which a teacher is employed and	866
paid.	867

(B) "Teacher" means all of the following:

868

(1) Any person paid from public funds and employed in the	869
public schools of the state under any type of contract described	870
in section 3311.77 or 3319.08 of the Revised Code in a position	871
for which the person is required to have a license issued pursuant	872
to sections 3319.22 to 3319.31 of the Revised Code;	873

(2) Any person employed as a teacher by a community school or	874
a science, technology, engineering, and mathematics school	875
pursuant to Chapter 3314. or 3326. of the Revised Code;	876

(3) Any person having a license issued pursuant to sections	877
3319.22 to 3319.31 of the Revised Code and employed in a public	878
school in this state in an educational position, as determined by	879
the state board of education, under programs provided for by	880
federal acts or regulations and financed in whole or in part from	881
federal funds, but for which no licensure requirements for the	882
position can be made under the provisions of such federal acts or	883
regulations;	884

(4) Any other teacher or faculty member employed in any	885
school, college, university, institution, or other agency wholly	886
controlled and managed, and supported in whole or in part, by the	887
state or any political subdivision thereof, including Central	888
state university, Cleveland state university, and the university	889
of Toledo;	890

(5) The educational employees of the department of education,	891
as determined by the state superintendent of public instruction.	892

In all cases of doubt, the state teachers retirement board	893
shall determine whether any person is a teacher, and its decision	894
shall be final.	895

"Teacher" does not include any eligible employee of a public	896
institution of higher education, as defined in section 3305.01 of	897
the Revised Code, who elects to participate in an alternative	898
retirement plan established under Chapter 3305. of the Revised	899
Code.	900

(C) "Member" means any person included in the membership of	901
the state teachers retirement system, which shall consist of all	902
teachers and contributors as defined in divisions (B) and (D) of	903
this section and all disability benefit recipients, as defined in	904
section 3307.50 of the Revised Code. However, for purposes of this	905
chapter, the following persons shall not be considered members:	906

(1) A student, intern, or resident who is not a member while	907
employed part-time by a school, college, or university at which	908
the student, intern, or resident is regularly attending classes;	909

(2) A person denied membership pursuant to section 3307.24 of	910
the Revised Code;	911

(3) An other system retirant, as defined in section 3307.35	912
of the Revised Code, or a superannuate;	913

(4) An individual employed in a program established pursuant	914
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	915
U.S.C.A. 1501.	916

(D) "Contributor" means any person who has an account in the	917
teachers' savings fund or defined contribution fund.	918

(E) "Beneficiary" means any person eligible to receive, or in	919
receipt of, a retirement allowance or other benefit provided by	920
this chapter.	921

(F) "Year" means the year beginning the first day of July and	922
ending with the thirtieth day of June next following, except that	923
for the purpose of determining final average salary under the plan	924
described in sections 3307.50 to 3307.79 of the Revised Code,	925
"year" may mean the contract year.	926

(G) "Local district pension system" means any school teachers	927
pension fund created in any school district of the state in	928
accordance with the laws of the state prior to September 1, 1920.	929

(H) "Employer contribution" means the amount paid by an	930
employer, as determined by the employer rate, including the normal	931
and deficiency rates, contributions, and funds wherever used in	932
this chapter.	933

(I) "Five years of service credit" means employment covered	934
under this chapter and employment covered under a former	935
retirement plan operated, recognized, or endorsed by a college,	936
institute, university, or political subdivision of this state	937
prior to coverage under this chapter.	938

(J) "Actuary" means the actuarial consultant to the state	939
teachers retirement board, who shall be either of the following:	940

(1) A member of the American academy of actuaries;

941

(2) A firm, partnership, or corporation of which at least one	942
person is a member of the American academy of actuaries.	943

(K) "Fiduciary" means a person who does any of the following:

944

(1) Exercises any discretionary authority or control with	945
respect to the management of the system, or with respect to the	946
management or disposition of its assets;	947

(2) Renders investment advice for a fee, direct or indirect,	948
with respect to money or property of the system;	949

(3) Has any discretionary authority or responsibility in the	950
administration of the system.	951

(L)(1) Except as provided in this division, "compensation"	952
means all salary, wages, and other earnings paid to a teacher by	953
reason of the teacher's employment, including compensation paid	954
pursuant to a supplemental contract. The salary, wages, and other	955
earnings shall be determined prior to determination of the amount	956
required to be contributed to the teachers' savings fund or	957
defined contribution fund under section 3307.26 of the Revised	958
Code and without regard to whether any of the salary, wages, or	959
other earnings are treated as deferred income for federal income	960
tax purposes.	961

(2) Compensation does not include any of the following:

962

(a) Payments for accrued but unused sick leave or personal	963
leave, including payments made under a plan established pursuant	964
to section 124.39 of the Revised Code or any other plan	965
established by the employer;	966

(b) Payments made for accrued but unused vacation leave,	967
including payments made pursuant to section 124.13 of the Revised	968
Code or a plan established by the employer;	969

(c) Payments made for vacation pay covering concurrent	970
periods for which other salary, compensation, or benefits under	971
this chapter are paid;	972

(d) Amounts paid by the employer to provide life insurance,	973
sickness, accident, endowment, health, medical, hospital, dental,	974
or surgical coverage, or other insurance for the teacher or the	975
teacher's family, or amounts paid by the employer to the teacher	976
in lieu of providing the insurance;	977

(e) Incidental benefits, including lodging, food, laundry,	978
parking, or services furnished by the employer, use of the	979
employer's property or equipment, and reimbursement for	980
job-related expenses authorized by the employer, including moving	981
and travel expenses and expenses related to professional	982
development;	983

(f) Payments made by the employer in exchange for a member's	984
waiver of a right to receive any payment, amount, or benefit	985
described in division (L)(2) of this section;	986

(g) Payments by the employer for services not actually	987
rendered;	988

(h) Any amount paid by the employer as a retroactive increase	989
in salary, wages, or other earnings, unless the increase is one of	990
the following:	991

(i) A retroactive increase paid to a member employed by a	992
school district board of education in a position that requires a	993
license designated for teaching and not designated for being an	994
administrator issued under section 3319.22 of the Revised Code	995
that is paid in accordance with uniform criteria applicable to all	996
members employed by the board in positions requiring the licenses;	997

(ii) A retroactive increase paid to a member employed by a	998
school district board of education in a position that requires a	999
license designated for being an administrator issued under section	1000
3319.22 of the Revised Code that is paid in accordance with	1001
uniform criteria applicable to all members employed by the board	1002
in positions requiring the licenses;	1003

(iii) A retroactive increase paid to a member employed by a	1004
school district board of education as a superintendent that is	1005
also paid as described in division (L)(2)(h)(i) of this section;	1006

(iv) A retroactive increase paid to a member employed by an	1007
employer other than a school district board of education in	1008
accordance with uniform criteria applicable to all members	1009
employed by the employer.	1010

(i) Payments made to or on behalf of a teacher that are in	1011
excess of the annual compensation that may be taken into account	1012
by the retirement system under division (a)(17) of section 401 of	1013
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1014
401(a)(17), as amended. For a teacher who first establishes	1015
membership before July 1, 1996, the annual compensation that may	1016
be taken into account by the retirement system shall be determined	1017
under division (d)(3) of section 13212 of the "Omnibus Budget	1018
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1019

(j) Payments made under division (B), (C), or (E) of section	1020
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1021
No. 3 of the 119th general assembly, Section 3 of Amended	1022
Substitute Senate Bill No. 164 of the 124th general assembly, or	1023
Amended Substitute House Bill No. 405 of the 124th general	1024
assembly;	1025

(k) Anything of value received by the teacher that is based	1026
on or attributable to retirement or an agreement to retire.	1027

(3) The retirement board shall determine by rule both of the	1028
following:	1029

(a) Whether particular forms of earnings are included in any	1030
of the categories enumerated in this division;	1031

(b) Whether any form of earnings not enumerated in this	1032
division is to be included in compensation.	1033

Decisions of the board made under this division shall be	1034
final.	1035

(M) "Superannuate" means both of the following:

1036

(1) A former teacher receiving from the system a retirement	1037
allowance under section 3307.58 or 3307.59 of the Revised Code;	1038

(2) A former teacher receiving a benefit from the system	1039
under a plan established under section 3307.81 of the Revised	1040
Code, except that "superannuate" does not include a former teacher	1041
who is receiving a benefit based on disability under a plan	1042
established under section 3307.81 of the Revised Code.	1043

For purposes of sections 3307.35 and 3307.353 of the Revised	1044
Code, "superannuate" also means a former teacher receiving from	1045
the system a combined service retirement benefit paid in	1046
accordance with section 3307.57 of the Revised Code, regardless of	1047
which retirement system is paying the benefit.	1048

Sec. 3311.71. (A) As used in this section and in sections	1049
3311.72 to ~~3311.76~~3311.86 of the Revised Code:	1050

(1) "Municipal school district" means a school district that	1051
is or has ever been under a federal court order requiring	1052
supervision and operational, fiscal, and personnel management of	1053
the district by the state superintendent of public instruction.	1054

(2) "Mayor" means the mayor of the municipal corporation	1055
containing the greatest portion of a municipal school district's	1056
territory.	1057

(B) Whenever any municipal school district is released by a	1058
federal court from an order requiring supervision and operational,	1059
fiscal, and personnel management of the district by the state	1060
superintendent, the management and control of that district shall	1061
be assumed, effective immediately, by a new nine-member board of	1062
education. Members of the new board shall be appointed by the	1063
mayor, who shall also designate one member as the chairperson of	1064
the board. In addition to the rights, authority, and duties	1065
conferred upon the chairperson by sections 3311.71 to ~~3311.76~~	1066
3311.86 of the Revised Code, the chairperson shall have all the	1067
rights, authority, and duties conferred upon the president of a	1068
board of education by the Revised Code that are not inconsistent	1069
with sections 3311.71 to ~~3311.76~~3311.86 of the Revised Code.	1070

(C) No school board member shall be appointed by the mayor	1071
pursuant to division (B) of this section until the mayor has	1072
received a slate of at least eighteen candidates nominated by a	1073
municipal school district nominating panel, at least three of whom	1074
reside in the municipal school district but not in the municipal	1075
corporation containing the greatest portion of the district's	1076
territory. The municipal school district nominating panel shall be	1077
initially convened and chaired by the state superintendent of	1078
public instruction, who shall serve as a nonvoting member for the	1079
first two years of the panel's existence, and shall consist of	1080
eleven persons selected as follows:	1081

(1) Three parents or guardians of children attending the	1082
schools of the municipal school district appointed by the district	1083
parent-teacher association, or similar organization selected by	1084
the state superintendent;	1085

(2) Three persons appointed by the mayor;

1086

(3) One person appointed by the president of the legislative	1087
body of the municipal corporation containing the greatest portion	1088
of the municipal school district's territory;	1089

(4) One teacher appointed by the collective bargaining	1090
representative of the school district's teachers;	1091

(5) One principal appointed through a vote of the school	1092
district's principals, which vote shall be conducted by the state	1093
superintendent;	1094

(6) One representative of the business community appointed by	1095
an organized collective business entity selected by the mayor;	1096

(7) One president of a public or private institution of	1097
higher education located within the municipal school district	1098
appointed by the state superintendent of public instruction.	1099

The municipal school district nominating panel shall select	1100
one of its members as its chairperson commencing two years after	1101
the date of the first meeting of the panel, at which time the	1102
state superintendent of public instruction shall no longer convene	1103
or chair the panel. Thereafter, the panel shall meet as necessary	1104
to make nominations at the call of the chairperson. All members of	1105
the panel shall serve at the pleasure of the appointing authority.	1106
Vacancies on the panel shall be filled in the same manner as the	1107
initial appointments.	1108

(D) No individual shall be appointed by the mayor pursuant to	1109
division (B) or (F) of this section unless the individual has been	1110
nominated by the nominating panel, resides in the school district,	1111
and holds no elected public office. At any given time, four of the	1112
nine members appointed by the mayor to serve on the board pursuant	1113
to either division (B) or (F) of this section shall have	1114
displayed, prior to appointment, significant expertise in either	1115
the education field, finance, or business management. At all times	1116
at least one member of the board shall be an individual who	1117
resides in the municipal school district but not in the municipal	1118
corporation containing the greatest portion of the district's	1119
territory.	1120

(E) The terms of office of all members appointed by the mayor	1121
pursuant to division (B) of this section shall expire on the next	1122
thirtieth day of June following the referendum election required	1123
by section 3311.73 of the Revised Code. The mayor may, with the	1124
advice and consent of the nominating panel, remove any member	1125
appointed pursuant to that division or division (F) of this	1126
section for cause.	1127

(F) If the voters of the district approve the continuation of	1128
an appointed board at the referendum election required by section	1129
3311.73 of the Revised Code, the mayor shall appoint the members	1130
of a new board from a slate prepared by the nominating panel in	1131
the same manner as the initial board was appointed pursuant to	1132
divisions (B), (C), and (D) of this section. Five of the members	1133
of the new board shall be appointed to four-year terms and the	1134
other four shall be appointed to two-year terms, each term	1135
beginning on the first day of July. Thereafter, the mayor shall	1136
appoint members to four-year terms in the same manner as described	1137
in divisions (B), (C), and (D) of this section. The minimum number	1138
of individuals who shall be on the slate prepared by the	1139
nominating panel for this purpose shall be at least twice the	1140
number of members to be appointed, including at least two who	1141
reside in the municipal school district but not in the municipal	1142
corporation containing the greatest portion of the district's	1143
territory.	1144

(G) In addition to the nine members appointed by the mayor,	1145
the boards appointed pursuant to divisions (B) and (F) of this	1146
section shall include the following nonvoting ex officio members:	1147

(1) If the main campus of a state university specified in	1148
section 3345.011 of the Revised Code is located within the	1149
municipal school district, the president of the university or the	1150
president's designee;	1151

(2) If any community college has its main branch located	1152
within the district, the president of the community college that	1153
has the largest main branch within the district, or the	1154
president's designee.	1155

Sec. 3311.72. This section does not apply to any principal,	1156
assistant principal, or other administrator who is employed to	1157
perform administrative functions primarily within one school	1158
building.	1159

(A) On the effective date of the assumption of control of a	1160
municipal school district by the new board of education pursuant	1161
to division (B) of section 3311.71 of the Revised Code, the	1162
treasurer, business manager, superintendent, assistant	1163
superintendents, and other administrators of the school district	1164
shall submit their resignations to the board. As used in this	1165
section, "other administrator" has the same meaning as in section	1166
3319.02 of the Revised Code.	1167

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

1168

(1) Until thirty months after the date of the assumption of	1169
control of a municipal school district by a board pursuant to	1170
division (B) of section 3311.71 of the Revised Code, the mayor	1171
shall appoint the chief executive officer and fill any vacancies	1172
occurring in that position.	1173

(2) After the board appointed pursuant to division (B) of	1174
section 3311.71 of the Revised Code has been in control of a	1175
municipal school district for thirty months, the mayor shall	1176
appoint the chief executive officer and fill any vacancies	1177
occurring in that position, with the concurrence of the board.	1178

(3) After the first date of the assumption of control of a	1179
municipal school district by a board pursuant to division (F) of	1180
section 3311.71 of the Revised Code, the board shall appoint the	1181
chief executive officer and fill any vacancies occurring in that	1182
position, with the concurrence of the mayor.	1183

(4) An individual appointed to the position of chief	1184
executive officer under division (B)(1), (2), or (3) of this	1185
section shall have a contract with the school district that	1186
includes such terms and conditions of employment as are agreeable	1187
to the board and the appointee, except that each such contract	1188
shall contain a provision stating that, unless the individual	1189
chooses to terminate the contract at a prior time:	1190

(a) During the first thirty months after the date of the	1191
assumption of control of the municipal school district by the	1192
board pursuant to division (B) of section 3311.71 of the Revised	1193
Code, the individual will serve at the pleasure of the mayor;	1194

(b) Beginning thirty months after the date of assumption of	1195
control, the individual will serve at the pleasure of the board,	1196
with the mayor's concurrence required for removal.	1197

(C) The chief executive officer shall appoint a chief	1198
financial officer, a chief academic officer, a chief operating	1199
officer, and a chief communications officer and any other	1200
administrators for the district as the chief executive officer	1201
shall determine to be necessary. The chief executive officer shall	1202
also appoint ombudspersons who shall answer questions and seek to	1203
resolve problems and concerns raised by parents and guardians of	1204
children attending district schools. The chief executive officer	1205
shall appoint a sufficient number of ombudspersons to serve the	1206
needs of the parents and guardians.	1207

A municipal school district is not required to have a	1208
superintendent appointed pursuant to section 3319.01 of the	1209
Revised Code or a treasurer elected pursuant to section 3313.22 of	1210
the Revised Code. In addition to the rights, authority, and duties	1211
conferred upon the chief executive officer and chief financial	1212
officer in sections 3311.71 to ~~3311.76~~3311.86 of the Revised	1213
Code, the chief executive officer and the chief financial officer	1214
shall have all of the rights, authority, and duties conferred upon	1215
the superintendent of a school district and the treasurer of a	1216
board of education, respectively, by the Revised Code that are not	1217
inconsistent with sections 3311.71 to ~~3311.76~~3311.86 of the	1218
Revised Code.	1219

(D) Notwithstanding Chapters 124. and 3319. of the Revised	1220
Code, an individual appointed to an administrative position in a	1221
municipal school district by its chief executive officer shall	1222
have a contract with the school district that includes such terms	1223
and conditions of employment as are agreeable to the chief	1224
executive officer and the appointee, except that each such	1225
contract shall contain a provision stating that, unless the	1226
appointee chooses to terminate the contract at a prior time, the	1227
appointee will serve at the pleasure of the chief executive	1228
officer.	1229

(E) The chief executive officer shall also contract for or	1230
employ such consultants, counsel, or other outside parties as in	1231
the chief executive officer's reasonable judgment shall be	1232
necessary to design, implement, or evaluate the plan required by	1233
section 3311.74 of the Revised Code and to properly operate the	1234
school district, subject to appropriations by the board.	1235

(F) Notwithstanding section 3301.074 and Chapter 3319. of the	1236
Revised Code, no person appointed under this section shall be	1237
required to hold any license, certificate, or permit.	1238

Sec. 3311.74. (A) The board of education of a municipal	1239
school district, in consultation with the department of education,	1240
shall set goals for the district's educational, financial, and	1241
management progress and establish accountability standards with	1242
which to measure the district's progress.	1243

(B)(1) The chief executive officer of a municipal school	1244
district shall develop, implement, and regularly update a plan to	1245
measure student academic performance at each school within the	1246
district. ~~Where~~The plan developed by the chief executive officer	1247
shall include a component that requires the parents or guardians	1248
of students who attend the district's schools to attend, prior to	1249
the fifteenth day of December each year, at least one	1250
parent-teacher conference or similar event held by the school the	1251
student attends to provide an opportunity for the parents and	1252
guardians to meet the student's teachers, discuss expectations for	1253
the student, discuss the student's performance, and foster	1254
communication between home and school.	1255

(2) Where measurements demonstrate that students in	1256
particular schools are not achieving, or are not improving their	1257
achievement levels at an acceptable rate, the plan shall contain	1258
provisions requiring the chief executive officer, with the	1259
concurrence of the board, to take corrective action within those	1260
schools, including, but not limited to, reallocation of academic	1261
and financial resources, reassignment of staff, redesign of	1262
academic ~~program,~~programs, adjusting the length of the school	1263
year or school day, and deploying additional assistance to	1264
students.	1265

(3) Prior to taking corrective action pursuant to the plan,	1266
the chief executive officer shall first identify which schools are	1267
in need of corrective action, what corrective action is warranted	1268
at each school, and when the corrective action should be	1269
implemented. Collectively, these items shall be known as the	1270
"corrective plan." The corrective plan is not intended to be used	1271
as a cost savings measure; rather, it is intended to improve	1272
student performance at targeted schools.	1273

Immediately after developing the corrective plan, the chief	1274
executive officer and the presiding officer of each labor	1275
organization whose members will be affected by the corrective plan	1276
shall each appoint up to four individuals to form one or more	1277
corrective action teams. The corrective action teams, within the	1278
timelines set by the chief executive officer for implementation of	1279
the corrective plan, shall collaborate with the chief executive	1280
officer and, where there are overlapping or mutual concerns, with	1281
other corrective action teams to make recommendations to the chief	1282
executive officer on implementation of the corrective plan.	1283

If the chief executive officer disagrees with all or part of	1284
the recommendations of a corrective action team, or if a	1285
corrective action team fails to make timely recommendations on the	1286
implementation of all or part of the corrective plan, the chief	1287
executive officer may implement the corrective plan in the manner	1288
in which the chief executive officer determines to be in the best	1289
interest of the students, consistent with the timelines originally	1290
established.	1291

The chief executive officer and any corrective action team	1292
are not bound by the applicable provisions of collective	1293
bargaining agreements in developing recommendations for and	1294
implementing the corrective plan.	1295

(4) Notwithstanding anything to the contrary in Chapter 4117.	1296
of the Revised Code, the content and implementation of the	1297
corrective plan prevail over any conflicting provision of a	1298
collective bargaining agreement entered into on or after the	1299
effective date of this amendment.	1300

(C) Annually the chief executive officer shall issue a report	1301
to residents of the district that includes results of achievement	1302
measurements made under division (B)(1) of this section and	1303
delineates the nature of any reforms and corrective actions being	1304
taken in response to any failure to achieve at an acceptable level	1305
or rate. The report shall also contain descriptions of efforts	1306
undertaken to improve the overall quality or efficiency of	1307
operation of the district, shall list the source of all district	1308
revenues, and shall contain a description of all district	1309
expenditures during the preceding fiscal year.	1310

(D) The chief executive officer shall implement a public	1311
awareness campaign to keep the parents and guardians of the	1312
district's students informed of the changes being implemented	1313
within the district. The campaign may include such methods as	1314
community forums, letters, and brochures. It shall include annual	1315
distribution to all parents and guardians of an information card	1316
specifying the names and business addresses and telephone numbers	1317
of the ombudspersons appointed under section 3311.72 of the	1318
Revised Code and other employees of the district board of	1319
education who may serve as information resources for parents and	1320
guardians.	1321

Sec. 3311.76. (A) Notwithstanding Chapters 3302. and 3317.	1322
of the Revised Code, upon written request of the district chief	1323
executive officer, the state superintendent of public instruction	1324
may exempt a municipal school district from any ~~rules adopted~~	1325
~~under~~requirement of Title XXXIII of the Revised Code or any rule	1326
adopted under that title, except for any requirement of or rule	1327
adopted under Chapter 3307. or 3309., any of sections 3319.07 to	1328
3319.21 that apply to a municipal school district, or Chapter	1329
3323. of the Revised Code, and may authorize a municipal school	1330
district to apply funds allocated to the district under Chapter	1331
3317. of the Revised Code, except those specifically allocated to	1332
purposes other than current expenses, to the payment of debt	1333
charges on the district's public obligations. The request must	1334
specify the ~~provisions~~requirements or rules from which the	1335
district is seeking exemption or the application requested and the	1336
reasons for the request. The state superintendent shall approve	1337
the request if the superintendent finds the requested exemption or	1338
application is in the best interest of the district's students.	1339
The superintendent shall approve or disapprove the request within	1340
thirty days and shall notify the district board and the district	1341
chief executive officer of approval or reasons for disapproving	1342
the request.	1343

(B) In addition to the rights, authority, and duties	1344
conferred upon a municipal school district and its board of	1345
education in sections 3311.71 to ~~3311.76~~3311.86 of the Revised	1346
Code, a municipal school district and its board shall have all of	1347
the rights, authority, and duties conferred upon a city school	1348
district and its board by law that are not inconsistent with	1349
sections 3311.71 to ~~3311.76~~3311.86 of the Revised Code.	1350

Sec. 3311.77. Notwithstanding any provision of the Revised	1351
Code to the contrary, and except as otherwise specified in	1352
division (G)(1) of this section, a municipal school district shall	1353
be subject to this section instead of section 3319.08 of the	1354
Revised Code. Section 3319.0811 of the Revised Code shall not	1355
apply to the district.	1356

(A) The board of education of each municipal school district	1357
shall enter into written contracts for the employment and	1358
re-employment of all teachers. Contracts for the employment of	1359
teachers shall be of three types, limited contracts, extended	1360
limited contracts, and continuing contracts. If the board	1361
authorizes compensation in addition to the salary paid under	1362
section 3311.78 of the Revised Code for the performance of duties	1363
by a teacher that are in addition to the teacher's regular	1364
teaching duties, the board shall enter into a supplemental written	1365
contract with each teacher who is to perform additional duties.	1366
Such supplemental written contracts shall be limited contracts.	1367
Such written contracts and supplemental written contracts shall	1368
set forth the teacher's duties and shall specify the salaries and	1369
compensation to be paid for regular teaching duties and additional	1370
teaching duties, respectively.	1371

If the board adopts a motion or resolution to employ a	1372
teacher under a limited contract or extended limited contract, or	1373
under a continuing contract pursuant to division (E) of this	1374
section, and the teacher accepts such employment, the failure of	1375
such parties to execute a written contract shall not void such	1376
employment contract.	1377

(B) Teachers shall be paid for all time lost when the schools	1378
in which they are employed are closed due to an epidemic or other	1379
public calamity, and for time lost due to illness or otherwise for	1380
not less than five days annually as authorized by regulations	1381
which the board shall adopt.	1382

(C) The term of a limited contract for a teacher shall not	1383
exceed the following:	1384

(1) Five years, in the case of a contract entered into prior	1385
to the effective date of this section;	1386

(2) A term as authorized in division (D) of this section, in	1387
the case of a contract entered into on or after the effective date	1388
of this section.	1389

(D) The term of an initial limited contract for a teacher	1390
described in division (C)(2) of this section shall not exceed two	1391
years. Any subsequent limited contract entered into with that	1392
teacher shall not exceed five years.	1393

(E) A continuing contract is a contract that remains in	1394
effect until the teacher resigns, elects to retire, or is retired	1395
pursuant to former section 3307.37 of the Revised Code, or until	1396
it is terminated or suspended and shall be granted only to	1397
teachers who have provided notice of their eligibility by the	1398
fifteenth day of September of the year the teacher becomes	1399
eligible for a continuing contract and who have met one of the	1400
following criteria:	1401

(1) The teacher holds a professional, permanent, or life	1402
teacher's certificate;	1403

(2) The teacher meets the following conditions:

1404

(a) The teacher was initially issued a teacher's certificate	1405
or educator license prior to January 1, 2011.	1406

(b) The teacher holds a professional educator license issued	1407
under section 3319.22 or 3319.222 or former section 3319.22 of the	1408
Revised Code or a senior professional educator license or lead	1409
professional educator license issued under section 3319.22 of the	1410
Revised Code.	1411

(c) The teacher has completed the applicable one of the	1412
following:	1413

(i) If the teacher did not hold a master's degree at the time	1414
of initially receiving a teacher's certificate under former law or	1415
an educator license, thirty semester hours of coursework in the	1416
area of licensure or in an area related to the teaching field	1417
since the initial issuance of such certificate or license, as	1418
specified in rules which the state board of education shall adopt;	1419

(ii) If the teacher held a master's degree at the time of	1420
initially receiving a teacher's certificate under former law or an	1421
educator license, six semester hours of graduate coursework in the	1422
area of licensure or in an area related to the teaching field	1423
since the initial issuance of such certificate or license, as	1424
specified in rules which the state board shall adopt.	1425

(3) The teacher meets the following conditions:

1426

(a) The teacher never held a teacher's certificate and was	1427
initially issued an educator license on or after January 1, 2011.	1428

(b) The teacher holds a professional educator license, senior	1429
professional educator license, or lead professional educator	1430
license issued under section 3319.22 of the Revised Code.	1431

(c) The teacher has held an educator license for at least	1432
seven years.	1433

(d) The teacher has completed the applicable one of the	1434
following:	1435

(i) If the teacher did not hold a master's degree at the time	1436
of initially receiving an educator license, thirty semester hours	1437
of coursework in the area of licensure or in an area related to	1438
the teaching field since the initial issuance of that license, as	1439
specified in rules which the state board shall adopt;	1440

(ii) If the teacher held a master's degree at the time of	1441
initially receiving an educator license, six semester hours of	1442
graduate coursework in the area of licensure or in an area related	1443
to the teaching field since the initial issuance of that license,	1444
as specified in rules which the state board shall adopt.	1445

(F) Nothing in division (E) of this section shall be	1446
construed to void or otherwise affect a continuing contract	1447
entered into prior to the effective date of this section.	1448

(G) Notwithstanding any provision to the contrary in Chapter	1449
4117. of the Revised Code:	1450

(1) The requirements of division (D)(3) of section 3319.08 of	1451
the Revised Code prevail over any conflicting provisions of a	1452
collective bargaining agreement entered into between October 16,	1453
2009, and the effective date of this section.	1454

(2) The requirements of this section prevail over any	1455
conflicting provisions of a collective bargaining agreement	1456
entered into on or after the effective date of this section.	1457

(H) Wherever the term "educator license" is used in this	1458
section without reference to a specific type of educator license,	1459
the term does not include an educator license for substitute	1460
teaching issued under section 3319.226 of the Revised Code.	1461

Sec. 3311.78. Notwithstanding any provision of the Revised	1462
Code to the contrary, a municipal school district shall be subject	1463
to this section instead of sections 3317.13, 3317.14, and 3317.141	1464
of the Revised Code.	1465

(A) As used in this section, "principal" includes an	1466
assistant principal.	1467

(B) The board of education of each municipal school district	1468
annually shall adopt a differentiated salary schedule for teachers	1469
based upon performance as described in division (D) of this	1470
section. The board also annually shall adopt a differentiated	1471
salary schedule for principals based upon performance as described	1472
in division (D) of this section.	1473

For each teacher or principal hired on or after the effective	1474
date of this section, the board shall determine the teacher's or	1475
principal's initial placement on the applicable salary schedule	1476
based on years of experience and area of licensure and any other	1477
factors the board considers appropriate. For each teacher hired	1478
prior to the effective date of this section, the board shall	1479
initially place the teacher on the applicable salary schedule so	1480
that the teacher's annual salary on the schedule is comparable to	1481
the teacher's annual salary for the school year immediately prior	1482
to the school year covered by the schedule. For each principal	1483
hired prior to the effective date of this section, the board shall	1484
initially place the principal on the applicable salary schedule	1485
consistent with the principal's employment contract.	1486

(C) The salary of a teacher shall not be reduced unless such	1487
reduction is accomplished as part of a negotiated collective	1488
bargaining agreement. The salary of a principal shall not be	1489
reduced during the term of the principal's employment contract	1490
unless such reduction is by mutual agreement of the board and the	1491
principal or is part of a uniform plan affecting the entire	1492
district.	1493

(D) For purposes of the schedules, the board shall measure a	1494
teacher's or principal's performance by considering all of the	1495
following:	1496

(1) The level of license issued under section 3319.22 of the	1497
Revised Code that the teacher or principal holds;	1498

(2) Whether the teacher or principal is a highly qualified	1499
teacher, as defined in section 3319.074 of the Revised Code;	1500

(3) Ratings received by the teacher or principal on	1501
performance evaluations conducted under section 3311.80 or 3311.84	1502
of the Revised Code;	1503

(4) Any specialized training and experience in the assigned	1504
position.	1505

(E) The salary schedules adopted under this section may	1506
provide for additional compensation for teachers or principals who	1507
perform duties, not contracted for under a supplemental contract,	1508
that the board determines warrant additional compensation. Those	1509
duties may include, but are not limited to, assignment to a school	1510
building eligible for funding under Title I of the "Elementary and	1511
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	1512
assignment to a building in "school improvement" status under the	1513
"No Child Left Behind Act of 2001," as defined in section 3302.01	1514
of the Revised Code; teaching in a grade level or subject area in	1515
which the board has determined there is a shortage within the	1516
district; assignment to a hard-to-staff school, as determined by	1517
the board; or teaching in a school with an extended school day or	1518
school year.	1519

(F) The chief executive officer of the district, or the chief	1520
executive officer's designee, annually shall review the salary of	1521
each teacher and principal and make a recommendation to the board.	1522
Based on the recommendation, the board may increase a teacher's or	1523
principal's salary based on the teacher's or principal's	1524
performance and duties as provided for in divisions (D) and (E) of	1525
this section. The performance-based increase for a teacher or	1526
principal rated as accomplished shall be greater than the	1527
performance-based increase for a teacher or principal rated as	1528
proficient. Notwithstanding division (C) of this section, division	1529
(C) of section 3319.02, and section 3319.12 of the Revised Code,	1530
the board may decrease the teacher's or principal's salary if the	1531
teacher or principal will perform fewer or different duties	1532
described in division (E) of this section in the school year for	1533
which the salary is decreased.	1534

(G) Notwithstanding any provision to the contrary in Chapter	1535
4117. of the Revised Code, the requirements of this section	1536
prevail over any conflicting provisions of a collective bargaining	1537
agreement entered into on or after the effective date of this	1538
section. However, the board and the teachers' labor organization	1539
shall negotiate the implementation of the differentiated salary	1540
schedule for teachers and may negotiate additional factors	1541
regarding teacher salaries, provided those factors are consistent	1542
with this section.	1543

Sec. 3311.79. (A) When assigning teachers to schools of a	1544
municipal school district prior to the start of a school year,	1545
teachers may apply for open positions. All applicants shall be	1546
considered. Applicants may be interviewed by a building level team	1547
comprised of the building principal, a representative of the	1548
district teachers' labor organization, a parent, a staff member in	1549
the same job classification as the posted position, and any other	1550
members mutually agreed upon by the principal and the labor	1551
organization representative. When openings occur, the principal	1552
and labor organization representative shall mutually select the	1553
members of the building level team. Interviews by the building	1554
level team shall not be delayed due to the unavailability of duly	1555
notified team members. The team shall make recommendations whether	1556
to assign a teacher to an open position in the building based on	1557
how suitably the teacher's credentials fulfill the needs of the	1558
particular school. For this purpose, the building level team shall	1559
consider the following credentials:	1560

(1) The level of license issued under section 3319.22 of the	1561
Revised Code that the teacher holds;	1562

(2) The number of subject areas the teacher is licensed to	1563
teach;	1564

(3) Whether the teacher is a highly qualified teacher, as	1565
defined in section 3319.074 of the Revised Code;	1566

(4) The results of the teacher's performance evaluations	1567
conducted under section 3311.80 of the Revised Code;	1568

(5) Whether the teacher has recently taught and been	1569
evaluated in the subject areas the teacher would teach at the	1570
school;	1571

(6) Any specialized training or experience the teacher	1572
possesses that are relevant to the open position;	1573

(7) Any other credentials established by the district chief	1574
executive officer or a building level team.	1575

(B) The building level team shall make its recommendations to	1576
the district chief executive officer or the chief executive	1577
officer's designee for the chief executive officer's or designee's	1578
final approval of the assignment.	1579

(C) In the event that open positions in one or more school	1580
buildings have not been filled through the procedures set forth in	1581
divisions (A) and (B) of this section, or if the building level	1582
team has not been able to reach a consensus on a candidate, by ten	1583
days prior to the first work day for teachers of the school year,	1584
the district chief executive officer or the chief executive	1585
officer's designee shall assign teachers to any of those open	1586
positions based on the best interests of the district. In making	1587
an assignment under this division, the chief executive officer or	1588
the chief executive officer's designee shall take into	1589
consideration all input from the building level team members.	1590

(D) In the event that a position opens after the first	1591
student day of the school year, the building level team interview	1592
and recommendation procedures set forth in divisions (A) and (B)	1593
of this section shall be used to fill the open position. If any	1594
positions remain open, or if the building level team has not been	1595
able to reach a consensus on a candidate, after a reasonable	1596
period of time as determined by the chief executive officer or the	1597
chief executive officer's designee, the chief executive officer or	1598
the chief executive officer's designee shall assign teachers to	1599
any of those open positions based on the best interests of the	1600
district. In making an assignment under this division, the chief	1601
executive officer or the chief executive officer's designee shall	1602
take into consideration all input from the building level team	1603
members.	1604

(E) In the event it becomes necessary to assign, reassign, or	1605
transfer a teacher, whether voluntarily or involuntarily on the	1606
part of the teacher, for the purpose of promoting the best	1607
interests of the district, the chief executive officer or the	1608
chief executive officer's designee shall first meet with the	1609
teacher, the principals of the affected buildings, and a	1610
representative of the district teachers' labor organization. The	1611
assignment, reassignment, or transfer shall not be delayed due to	1612
the unavailability of the meeting participants who have been duly	1613
notified.	1614

(F) The district chief executive officer or a building level	1615
team shall not use seniority or continuing contract status as the	1616
primary factor in determining any teacher's assignment to a	1617
school.	1618

(G) Notwithstanding any provision to the contrary in Chapter	1619
4117. of the Revised Code, the requirements of this section	1620
prevail over any conflicting provisions of a collective bargaining	1621
agreement entered into on or after the effective date of this	1622
section. However, the board and the teachers' labor organization	1623
shall negotiate regarding the implementation of this section,	1624
including the processes by which each building level team conducts	1625
its interviews and makes recommendations, consistent with this	1626
section.	1627

Sec. 3311.80. Notwithstanding any provision of the Revised	1628
Code to the contrary, a municipal school district shall be subject	1629
to this section instead of section 3319.111 of the Revised Code.	1630

(A) Not later than July 1, 2013, the board of education of	1631
each municipal school district and the teachers' labor	1632
organization shall develop and adopt standards-based teacher	1633
evaluation procedures that conform with the framework for	1634
evaluation of teachers developed under section 3319.112 of the	1635
Revised Code. The evaluation procedures shall include at least	1636
formal observations and classroom walk-throughs, which may be	1637
announced or unannounced; examinations of samples of work, such as	1638
lesson plans or assessments designed by a teacher; and multiple	1639
measures of student academic growth.	1640

(B) When using measures of student academic growth as a	1641
component of a teacher's evaluation, those measures shall include	1642
the value-added progress dimension prescribed by section 3302.021	1643
of the Revised Code. For teachers of grade levels and subjects for	1644
which the value-added progress dimension is not applicable, the	1645
board shall administer assessments on the list developed under	1646
division (B)(2) of section 3319.112 of the Revised Code.	1647

(C)(1) Each teacher employed by the board shall be evaluated	1648
at least once each school year, except as provided in division	1649
(C)(2) of this section. The composite evaluation shall be	1650
completed not later than the first day of June and the teacher	1651
shall receive a written report of the results of the composite	1652
evaluation not later than ten days after its completion or the	1653
last teacher work day of the school year, whichever is earlier.	1654

(2) Each teacher who received a rating of accomplished on the	1655
teacher's most recent evaluation conducted under this section may	1656
be evaluated once every two school years, except that the teacher	1657
shall be evaluated in any school year in which the teacher's	1658
contract is due to expire. The biennial composite evaluation shall	1659
be completed not later than the first day of June of the	1660
applicable school year, and the teacher shall receive a written	1661
report of the results of the composite evaluation not later than	1662
ten days after its completion or the last teacher work day of the	1663
school year, whichever is earlier.	1664

(D) Each evaluation conducted pursuant to this section shall	1665
be conducted by one or more of the following persons who have been	1666
trained to conduct evaluations in accordance with criteria that	1667
shall be developed jointly by the chief executive officer of the	1668
district, or the chief executive officer's designee, and the	1669
teachers' labor organization:	1670

(1) The chief executive officer or a subordinate officer of	1671
the district with responsibility for instruction or academic	1672
affairs;	1673

(2) A person who is under contract with the board pursuant to	1674
section 3319.02 of the Revised Code and holds a license designated	1675
for being a principal issued under section 3319.22 of the Revised	1676
Code;	1677

(3) A person who is under contract with the board pursuant to	1678
section 3319.02 of the Revised Code and holds a license designated	1679
for being a vocational director or a supervisor in any educational	1680
area issued under section 3319.22 of the Revised Code;	1681

(4) A person designated to conduct evaluations under an	1682
agreement providing for peer assistance and review entered into by	1683
the board and the teachers' labor organization.	1684

(E) The evaluation procedures shall describe how the	1685
evaluation results will be used for decisions regarding	1686
compensation, retention, promotion, and reductions in force and	1687
for removal of poorly performing teachers.	1688

(F) A teacher may challenge any violations of the evaluation	1689
procedures in accordance with the grievance procedure specified in	1690
any applicable collective bargaining agreement. A challenge under	1691
this division is limited to the determination of procedural errors	1692
that have resulted in substantive harm to the teacher and to	1693
ordering the correction of procedural errors. The failure of the	1694
board or a person conducting an evaluation to strictly comply with	1695
any deadline or evaluation forms established as part of the	1696
evaluation process shall not be cause for an arbitrator to	1697
determine that a procedural error occurred, unless the arbitrator	1698
finds that the failure resulted in substantive harm to the	1699
teacher. The arbitrator shall have no jurisdiction to modify the	1700
evaluation results, but the arbitrator may stay any decision taken	1701
pursuant to division (E) of this section pending the board's	1702
correction of any procedural error. The board shall correct any	1703
procedural error within fifteen business days after the	1704
arbitrator's determination that a procedural error occurred.	1705

(G) Notwithstanding any provision to the contrary in Chapter	1706
4117. of the Revised Code, the requirements of this section	1707
prevail over any conflicting provisions of a collective bargaining	1708
agreement entered into on or after the effective date of this	1709
section. However, the board and the teachers' labor organization	1710
may negotiate additional evaluation procedures, including an	1711
evaluation process incorporating peer assistance and review,	1712
provided the procedures are consistent with this section.	1713

(H) This section does not apply to administrators appointed	1714
by the chief executive officer of a municipal school district	1715
under section 3311.72 of the Revised Code, administrators subject	1716
to evaluation procedures under section 3311.84 or 3319.02 of the	1717
Revised Code, or to any teacher employed as a substitute for less	1718
than one hundred twenty days during a school year pursuant to	1719
section 3319.10 of the Revised Code.	1720

Sec. 3311.81. Notwithstanding any provision of the Revised	1721
Code to the contrary, a municipal school district shall be subject	1722
to this section instead of section 3319.11 of the Revised Code.	1723

(A) As used in this section:

1724

(1) "Evaluation procedures" means the procedures adopted	1725
pursuant to division (A) of section 3311.80 of the Revised Code.	1726

(2) "Limited contract" means a limited contract, as described	1727
in section 3311.77 of the Revised Code, that the board of	1728
education of a municipal school district enters into with a	1729
teacher who is not eligible for a continuing contract.	1730

(3) "Extended limited contract" means a limited contract, as	1731
described in section 3311.77 of the Revised Code, that the board	1732
enters into with a teacher who is eligible for a continuing	1733
contract, but to whom a continuing contract has not been granted	1734
by the board.	1735

(B) The board of education of each municipal school district	1736
shall enter into a limited contract with each teacher employed by	1737
the board who is not eligible to be considered for a continuing	1738
contract.	1739

Any teacher employed under a limited contract who is not	1740
eligible to be considered for a continuing contract is, at the	1741
expiration of such limited contract, considered re-employed under	1742
a one-year limited contract, unless the board gives such teacher	1743
written notice of its intention not to re-employ such teacher on	1744
or before the first day of June. The teacher is presumed to have	1745
accepted such employment unless the teacher notifies the board in	1746
writing to the contrary on or before the tenth day of July.	1747

Any teacher receiving a written notice of the intention of	1748
the board not to re-employ such teacher pursuant to this division	1749
is entitled to a hearing under division (C) of this section.	1750

(C) Any teacher receiving written notice of the intention of	1751
the board not to re-employ such teacher pursuant to division (B)	1752
of this section may request a hearing before the board. The	1753
request for a hearing shall be in writing and shall be delivered	1754
to the chief financial officer of the district within ten days of	1755
the date of receipt of the notice. The hearing shall be held in	1756
executive session of the board at the board's next scheduled	1757
meeting. Following the hearing, or if no hearing is requested, the	1758
board shall act on the question of the teacher's re-employment.	1759
The decision of the board shall be final and shall not be subject	1760
to further appeal.	1761

(D)(1) Upon the recommendation of the chief executive officer	1762
that a teacher be re-employed where the teacher satisfies the	1763
criteria in division (E) of section 3311.77 of the Revised Code	1764
and has taught in the district for at least three years, or at	1765
least two years in the case of a teacher who received a continuing	1766
contract elsewhere, the board shall enter into a continuing	1767
contract with the teacher, unless the board by a three-fourths	1768
vote of its full membership rejects the recommendation of the	1769
chief executive officer. If the board rejects the recommendation,	1770
or if the chief executive officer recommends that the teacher not	1771
be re-employed, the board may proceed not to renew the teacher's	1772
contract in accordance with this section as if the teacher was not	1773
eligible to be considered for a continuing contract.	1774

(2) In the event the chief executive officer does not	1775
recommend to the board that a teacher receive a continuing	1776
contract where the teacher satisfies the criteria in division (E)	1777
of section 3311.77 of the Revised Code and has taught in the	1778
district for at least three years, or at least two years in the	1779
case of a teacher who received a continuing contract elsewhere,	1780
the chief executive officer may recommend to the board that the	1781
teacher receive an extended limited contract. In that event, the	1782
chief executive officer, or the chief executive officer's	1783
designee, shall provide the teacher written notice, not less than	1784
five business days prior to any board action on the	1785
recommendation, with reasons directed at professional development.	1786
The board shall act on the recommendation for an extended limited	1787
contract with reasons directed at professional development not	1788
later than the first day of June. An extended limited contract may	1789
be issued:	1790

(a) For a teacher who has been awarded a continuing contract	1791
in another school district and has served in the municipal school	1792
district for two years, in one-year increments or for multiple	1793
years, in no event to exceed a total of two years;	1794

(b) For a teacher who is newly eligible for a continuing	1795
contract, in one-year increments or for multiple years, in no	1796
event to exceed a total of four years.	1797

Upon any subsequent reemployment of the teacher after the	1798
expiration of the extended limited contract or contracts, only a	1799
continuing contract may be entered into. The teacher is presumed	1800
to have accepted employment under such continuing contract unless	1801
the teacher notifies the board in writing to the contrary before	1802
the tenth day of July, and a continuing contract shall be executed	1803
accordingly.	1804

(3) In the event the chief executive officer fails to make	1805
any recommendation regarding a contract for a teacher who	1806
satisfies the criteria in division (E) of section 3311.77 of the	1807
Revised Code and has taught in the district for at least three	1808
years, or at least two years in the case of a teacher who received	1809
a continuing contract elsewhere, the teacher shall be re-employed	1810
under a one-year extended limited contract. That contract may be	1811
subsequently extended for an additional one to three years	1812
consistent with divisions (D)(2)(a) and (b) of this section. The	1813
teacher is presumed to have accepted employment under such	1814
extended limited contract unless the teacher notifies the board in	1815
writing to the contrary before the tenth day of July.	1816

(E) The provisions of this section shall not apply to any	1817
supplemental written contracts entered into pursuant to section	1818
3311.77 of the Revised Code.	1819

(F) Notwithstanding any provision to the contrary in Chapter	1820
4117. of the Revised Code, the requirements of this section	1821
prevail over any conflicting provisions of a collective bargaining	1822
agreement entered into on or after the effective date of this	1823
section. However, the board and the teachers' labor organization	1824
shall negotiate the due process procedures preceding a teacher's	1825
receipt of a written notice indicating the intent of the board not	1826
to re-employ the teacher, which procedures shall be consistent	1827
with this section.	1828

Sec. 3311.82. Notwithstanding any provision of the Revised	1829
Code to the contrary, a municipal school district shall be subject	1830
to this section instead of sections 3319.16 and 3319.161 of the	1831
Revised Code with respect to termination of teacher contracts, but	1832
those sections shall apply to the district with respect to	1833
termination of contracts with other district employees licensed by	1834
the state board of education, subject to section 3311.72 and	1835
division (F) of section 3311.84 of the Revised Code.	1836

(A) The board of education of a municipal school district may	1837
terminate the contract of a teacher employed by the board only for	1838
good and just cause. In addition, the board may place a teacher on	1839
disciplinary suspension without pay for a definite period of time	1840
for good and just cause. For purposes of contract terminations,	1841
good and just cause shall include receiving a composite evaluation	1842
rating of ineffective under section 3311.80 of the Revised Code	1843
for two consecutive years. A violation of division (A)(7) of	1844
section 2907.03 of the Revised Code is grounds for termination or	1845
disciplinary suspension without pay of a teacher under this	1846
section.	1847

(B) If an administrator determines, after a preliminary	1848
investigation, that a teacher may have engaged in conduct that	1849
could lead to a recommendation for termination or disciplinary	1850
suspension without pay, the teacher shall be entitled to a	1851
fact-finding hearing to determine if termination or disciplinary	1852
suspension without pay is warranted. The hearing shall be held	1853
before an administrator designated by the chief executive officer	1854
of the district. Prior to the hearing, the administrator	1855
designated by the chief executive officer shall provide the	1856
teacher with written notice of the allegations and of the right to	1857
request representation by the teachers' labor organization, and	1858
copies of any written evidence related to the allegations. The	1859
hearing shall be held within a reasonable period of time following	1860
the teacher's receipt of the written notice of the allegations.	1861
The teacher may have a representative of the teachers' labor	1862
organization present at the hearing. During the hearing, the	1863
teacher shall be given a meaningful opportunity to respond to the	1864
allegations, including the opportunity to submit additional	1865
evidence. Not later than ten business days after the hearing, the	1866
administrator designated by the chief executive officer shall	1867
notify the teacher in writing of the administrator's	1868
recommendation for discipline and the rationale for the	1869
recommendation, and shall provide a copy of the notification to	1870
the chief executive officer.	1871

(C) If the administrator designated by the chief executive	1872
officer recommends to the chief executive officer that the teacher	1873
be terminated or placed on disciplinary suspension without pay,	1874
the chief executive officer shall review the evidence and	1875
determine whether termination or disciplinary suspension without	1876
pay is warranted. The chief executive officer shall make a	1877
recommendation regarding discipline at the next scheduled meeting	1878
of the board. The board may adopt or modify the chief executive	1879
officer's recommendation, except that the board shall not increase	1880
the recommended discipline. The board shall notify the teacher of	1881
any action taken by the board on the chief executive officer's	1882
recommendation. Any termination or disciplinary suspension without	1883
pay imposed by the board shall take effect immediately.	1884

(D) A teacher who is terminated or placed on disciplinary	1885
suspension without pay under this section may appeal the board's	1886
action in accordance with the grievance procedures specified in	1887
any applicable collective bargaining agreement. The failure of the	1888
board, chief executive officer, or administrator designated by the	1889
chief executive officer to strictly comply with any procedures	1890
established by this section or applicable collective bargaining	1891
agreement shall not be cause for an arbitrator to overturn the	1892
termination or disciplinary suspension without pay, unless the	1893
arbitrator finds that the failure resulted in substantive harm to	1894
the teacher.	1895

(E) Notwithstanding any provision to the contrary in Chapter	1896
4117. of the Revised Code:	1897

(1) The provisions of section 3319.16 of the Revised Code	1898
relating to the grounds for termination of the contract of a	1899
teacher prevail over any conflicting provisions of a collective	1900
bargaining agreement entered into prior to the effective date of	1901
this section.	1902

(2) The requirements of this section prevail over any	1903
conflicting provisions of a collective bargaining agreement	1904
entered into on or after the effective date of this section.	1905

Sec. 3311.83. Notwithstanding any provision of the Revised	1906
Code to the contrary, and except as otherwise specified in	1907
division (E) of this section, a municipal school district shall be	1908
subject to this section instead of section 3319.17 of the Revised	1909
Code with respect to suspension of teacher contracts, but sections	1910
3311.72, 3319.17, and 3319.171 of the Revised Code shall apply to	1911
the district with respect to suspension of contracts of other	1912
district employees who may be licensed by the state board of	1913
education.	1914

(A) When, for any of the following reasons that apply to a	1915
municipal school district, the district board of education decides	1916
that it will be necessary to reduce the number of teachers it	1917
employs, it may make a reasonable reduction:	1918

(1) Return to duty of regular teachers after leaves of	1919
absence, including leaves of absence provided pursuant to section	1920
3319.13 or 3319.14 of the Revised Code;	1921

(2) Decreased enrollment of students in the district;

1922

(3) Academic reasons resulting in consolidation of teaching	1923
positions, duties, or functions or resulting in changes in	1924
educational programs;	1925

(4) Financial reasons;

1926

(5) Territorial changes affecting the district.

1927

(B) In making any such reduction, the board shall proceed to	1928
suspend contracts in accordance with the recommendation of the	1929
district's chief executive officer and divisions (B)(1) and (2)	1930
and (E) of this section.	1931

(1) Each teacher affected by the reduction, based on area of	1932
licensure, shall be placed in one of the following categories:	1933

(a) Category 1A, which shall contain all teachers on limited	1934
or extended limited contracts with a composite evaluation rating	1935
of ineffective;	1936

(b) Category 1B, which shall contain all teachers on	1937
continuing contracts with a composite evaluation rating of	1938
ineffective;	1939

(c) Category 2A, which shall contain all teachers on limited	1940
or extended limited contracts with a composite evaluation rating	1941
of developing;	1942

(d) Category 2B, which shall contain all teachers on	1943
continuing contracts with a composite evaluation rating of	1944
developing;	1945

(e) Category 3A, which shall contain all teachers on limited	1946
or extended limited contracts with a composite evaluation rating	1947
of proficient;	1948

(f) Category 3B, which shall contain all teachers on	1949
continuing contracts with a composite evaluation rating of	1950
proficient;	1951

(g) Category 4A, which shall contain all teachers on limited	1952
or extended limited contracts with a composite evaluation rating	1953
of accomplished;	1954

(h) Category 4B, which shall contain all teachers on	1955
continuing contracts with a composite evaluation rating of	1956
accomplished.	1957

(2) Consistent with division (E) of this section, reductions	1958
in the affected area of licensure shall be made starting with	1959
teachers in category 1A and shall proceed sequentially through	1960
teachers in category 4B, until all necessary reductions have	1961
occurred.	1962

(3) The evaluation ratings specified in division (B)(1) of	1963
this section refer to composite evaluation ratings assigned to a	1964
teacher in accordance with the evaluation procedures adopted under	1965
section 3311.80 of the Revised Code.	1966

(C) On a case-by-case basis, in lieu of suspending a contract	1967
in whole, the board may suspend a contract in part, so that an	1968
individual is required to work a percentage of the time the	1969
employee otherwise is required to work under the contract and	1970
receives a commensurate percentage of the full compensation the	1971
employee otherwise would receive under the contract.	1972

(D) The teachers whose contracts are suspended by the board	1973
pursuant to this section shall have the right of restoration by	1974
the board if and when teaching positions become vacant or are	1975
created, for which the teachers are or become qualified within	1976
three years after the date of the suspension of contract.	1977
Consistent with division (E) of this section, the board shall	1978
rehire teachers in the affected area of licensure starting with	1979
teachers in category 4B and shall proceed sequentially through	1980
teachers in category 1A, until all vacant positions have been	1981
filled. No teacher whose contract has been suspended pursuant to	1982
this section shall lose the right of restoration by reason of	1983
having declined recall to a position that is less than full-time	1984
or, if the teacher was not employed full-time just prior to	1985
suspension of the teacher's continuing contract, to a position	1986
requiring a lesser percentage of full-time employment than the	1987
position the teacher last held while employed in the district.	1988

(E)(1) Notwithstanding any provision to the contrary in	1989
Chapter 4117. of the Revised Code, the requirements of this	1990
section prevail over any conflicting provisions of a collective	1991
bargaining agreement entered into on or after the effective date	1992
of this section. However, the board and the teachers' labor	1993
organization shall negotiate how specialized training and	1994
experience will be factored into reduction in force and recall	1995
decisions regardless of the categories prescribed by division (B)	1996
of this section. In addition, the board and the teachers' labor	1997
organization may negotiate additional factors to be considered in	1998
determining the order of reductions, which factors shall not be	1999
inconsistent with division (B) of this section.	2000

(2) After applying specialized training and experience and	2001
any other negotiated factors, teachers within the same category	2002
prescribed by division (B) of this section shall be given	2003
preference based on seniority.	2004

Sec. 3311.84. Notwithstanding any provision of the Revised	2005
Code to the contrary, a municipal school district shall be subject	2006
to this section instead of division (D) of section 3319.02 of the	2007
Revised Code with respect to principals and assistant principals,	2008
but all other provisions of that section shall apply to the	2009
district with respect to principals and assistant principals.	2010
Section 3319.02 of the Revised Code in its entirety shall apply to	2011
the district with respect to employees other than principals and	2012
assistant principals who are covered by that section, except as	2013
otherwise provided in section 3311.72 of the Revised Code.	2014

(A) As used in this section, "principal" includes an	2015
assistant principal.	2016

(B) The board of education of each municipal school district	2017
shall adopt procedures for the evaluation of principals and shall	2018
evaluate all principals in accordance with those procedures. The	2019
procedures shall be based on principles comparable to the teacher	2020
evaluation procedures adopted under section 3311.80 of the Revised	2021
Code, but shall be tailored to the duties and responsibilities of	2022
principals and the environment in which principals work. Each	2023
evaluation shall measure the principal's effectiveness in	2024
performing the duties included in the principal's job description	2025
and shall be considered by the board in deciding whether to renew	2026
the principal's contract of employment.	2027

(C) The evaluation procedures adopted under this section	2028
shall require each principal to be evaluated annually through a	2029
written evaluation process. The evaluation shall be conducted by	2030
the chief executive officer of the district, or the chief	2031
executive officer's designee.	2032

(D) To provide time to show progress in correcting	2033
deficiencies identified in the evaluation, each evaluation shall	2034
be completed as follows:	2035

(1) In any school year that the principal's contract of	2036
employment is not due to expire, at least one evaluation shall be	2037
completed in that year. A written copy of the evaluation shall be	2038
provided to the principal by the end of the principal's contract	2039
year as defined by the principal's annual salary notice.	2040

(2) In any school year that the principal's contract of	2041
employment is due to expire, at least a preliminary evaluation and	2042
a final evaluation shall be completed in that year. A written copy	2043
of the preliminary evaluation shall be provided to the principal	2044
at least sixty days prior to any action by the board on the	2045
principal's contract of employment. The final evaluation shall	2046
indicate the chief executive officer's intended recommendation to	2047
the board regarding a contract of employment for the principal. A	2048
written copy of the final evaluation shall be provided to the	2049
principal at least five days prior to the chief executive officer	2050
making the recommendation to the board.	2051

(E) At least thirty days prior to taking action to renew or	2052
not renew the contract of a principal, the board shall notify the	2053
principal of the board's intended action and that the principal	2054
may request a meeting with the board regarding the board's	2055
intended action. Upon request of the principal, the board shall	2056
grant the principal a meeting in executive session. In that	2057
meeting, the board shall discuss its reasons for considering	2058
renewal or nonrenewal of the contract. The principal shall be	2059
permitted to have a representative, chosen by the principal,	2060
present at the meeting.	2061

The establishment of evaluation procedures in accordance with	2062
this section shall not create an expectancy of continued	2063
employment. Nothing in this section shall prevent the board from	2064
making the final determination regarding the renewal or nonrenewal	2065
of a principal's contract.	2066

(F) Termination of a principal's contract shall be in	2067
accordance with section 3319.16 of the Revised Code, except as	2068
follows:	2069

(1) Failure of the principal's building to meet academic	2070
performance standards established by the chief executive officer	2071
shall be considered good and just cause for termination under that	2072
section.	2073

(2) If the chief executive officer intends to recommend to	2074
the board that the principal's contract be terminated, the chief	2075
executive officer shall provide the principal a written copy of	2076
the principal's evaluation at least five days prior to making the	2077
recommendation to the board.	2078

Sec. 3311.85. (A) The board of education of each municipal	2079
school district annually shall approve a calendar or calendars	2080
establishing a school year that complies with the minimum school	2081
year prescribed by section 3313.48 of the Revised Code. The board	2082
has final authority to establish a school calendar, including the	2083
starting and ending times for the school day, for one or more of	2084
the district's school buildings that provides for additional	2085
student days or hours beyond the minimum prescribed by that	2086
section. A school's calendar may prescribe year-round instruction	2087
or an extended school day.	2088

(B) Notwithstanding any provision to the contrary in Chapter	2089
4117. of the Revised Code, the requirements and authorizations of	2090
this section prevail over any conflicting provisions of a	2091
collective bargaining agreement entered into on or after the	2092
effective date of this section. However, the district board and	2093
teachers' labor organization shall negotiate regarding any	2094
additional compensation for school staff for an extended school	2095
year or school day, consistent with section 3311.78 of the Revised	2096
Code.	2097

Sec. 3311.86. (A) As used in this section:

2098

(1) "Alliance" means a municipal school district	2099
transformation alliance established as a nonprofit corporation.	2100

(2) "Alliance municipal school district" means a municipal	2101
school district for which an alliance has been created under this	2102
section.	2103

(3) "Partnering community school" means a community school	2104
established under Chapter 3314. of the Revised Code that is	2105
located within the territory of a municipal school district and is	2106
sponsored by the district, receives services from the district,	2107
leases a building from the district, or is a party to an agreement	2108
with the district whereby the district and the community school	2109
endorse each other's programs.	2110

(4) "Transformation alliance education plan" means a plan	2111
prepared by the mayor, and confirmed by the alliance, to transform	2112
public education in the alliance municipal school district to a	2113
system of municipal school district schools and partnering	2114
community schools that will be held to the highest standards of	2115
school performance and student achievement.	2116

(B) If one or more partnering community schools are located	2117
in a municipal school district, the mayor may initiate proceedings	2118
to establish a municipal school district transformation alliance	2119
as a nonprofit corporation under Chapter 1702. of the Revised	2120
Code. The mayor shall appoint the initial directors of any	2121
alliance created under this section. The directors of the alliance	2122
shall include representatives of all of the following:	2123

(1) The municipal school district;

2124

(2) Partnering community schools;

2125

(3) Members of the community at large, including parents and	2126
educators;	2127

(4) The business community, including business leaders and	2128
foundation leaders.	2129

No one group listed in divisions (B)(1) to (4) of this	2130
section shall comprise a majority of the directors. The mayor	2131
shall be an ex officio director, and serve as the chairperson of	2132
the board of directors, of any alliance created under this	2133
section. If the proceedings are initiated, the mayor shall	2134
identify the initial directors in the articles of incorporation	2135
filed under section 1702.04 of the Revised Code.	2136

(C)(1) A majority of the members of the board of directors of	2137
the alliance shall constitute a quorum of the board. Any formal	2138
action taken by the board of directors shall take place at a	2139
meeting of the board and shall require the concurrence of a	2140
majority of the members of the board. Meetings of the board of	2141
directors shall be public meetings open to the public at all	2142
times, except that the board may hold an executive session for any	2143
of the purposes for which an executive session of a public body is	2144
permitted under division (G) of section 121.22 of the Revised	2145
Code. The board of directors shall establish reasonable methods	2146
whereby any person may determine the time and place of all of the	2147
board's public meetings and by which any person, upon request, may	2148
obtain reasonable advance notification of the board's public	2149
meetings. Provisions for that advance notification may include,	2150
but are not limited to, mailing notices to all subscribers on a	2151
mailing list or mailing notices in self-addressed, stamped	2152
envelopes provided by the person.	2153

(2) All records of the alliance shall be organized and	2154
maintained by the alliance and also filed with the department of	2155
education. The alliance and the department shall make those	2156
records available to the public as though those records were	2157
public records for purposes of Chapter 149. of the Revised Code.	2158
The department shall promptly notify the alliance upon the	2159
department's receipt of any requests for records relating to the	2160
alliance pursuant to section 149.43 of the Revised Code.	2161

(3) The board of directors of the alliance shall establish a	2162
conflicts of interest policy and shall adopt that policy, and any	2163
amendments to the policy, at a meeting of the board held in	2164
accordance with this section.	2165

(D) If an alliance is created under this section, the	2166
alliance shall do all of the following:	2167

(1) Confirm and monitor implementation of the transformation	2168
alliance education plan;	2169

(2) Suggest national education models and develop venues for	2170
the community and institutions within the territory of the	2171
alliance municipal school district to provide input in the	2172
development of new schools within the territory of the district;	2173

(3) Work with the alliance municipal school district and	2174
partnering community schools to adopt a comprehensive,	2175
evidence-based framework to assess district and community schools	2176
and advocate for school performance accountability with the	2177
department of education. The alliance annually shall assess the	2178
performance of district schools and community schools using the	2179
framework adopted under this division.	2180

(4) Communicate school choices within the territory of the	2181
alliance municipal school district by publishing and making	2182
available to parents and guardians of students an annual report	2183
summarizing the alliance's assessments of district and community	2184
school performance and providing, during the intradistrict open	2185
enrollment period under section 3313.97 of the Revised Code,	2186
information about educational choices;	2187

(5) Assess community school growth and quality by applying	2188
national quality standards as they relate to the opening of	2189
community schools located within the territory of the alliance	2190
municipal school district or the closure of failing community	2191
schools located within the territory of the alliance municipal	2192
school district.	2193

(E) Divisions (E)(1) to (6) of this section apply to each	2194
community school proposed to be located in an alliance municipal	2195
school district and for which a contract under section 3314.03 of	2196
the Revised Code has not been signed prior to the effective date	2197
of this section.	2198

(1) Before the governing authority of a community school to	2199
which this division applies enters into a contract with a sponsor	2200
under section 3314.03 of the Revised Code, the governing authority	2201
shall request and receive approval from the alliance to establish	2202
the community school.	2203

(2) Before a person, group of individuals, or entity applies	2204
to the department of education under section 3314.029 of the	2205
Revised Code for authorization to establish a community school to	2206
which this division applies, the person, group, or entity shall	2207
request and receive approval from the alliance to establish the	2208
community school.	2209

(3) Each person or group of individuals that enters into a	2210
preliminary agreement under division (C) of section 3314.02 of the	2211
Revised Code for a community school that is subject to this	2212
division immediately shall file a copy of the agreement, and each	2213
amendment or supplement to the agreement, with the alliance.	2214

(4) The governing authority of each community school that is	2215
subject to this division immediately shall file a copy of the	2216
contract it enters into under section 3314.03 of the Revised Code,	2217
and each amendment or supplement to the contract, with the	2218
alliance.	2219

(5) The alliance, in consultation with the department of	2220
education, shall establish objective criteria to be used in	2221
determining approval of community schools under this section and	2222
shall make the criteria available to community schools requesting	2223
approval under this section.	2224

(6) A governing authority, person, group, or entity whose	2225
request under division (E)(1) or (2) of this section is denied may	2226
appeal to the department of education to review the alliance's	2227
decision. The department, using only the criteria established	2228
under division (E)(5) of this section, may affirm or reverse the	2229
alliance's decision. If the department reverses the alliance's	2230
decision, the governing authority may enter into a contract under	2231
section 3314.03 of the Revised Code, or the person, group, or	2232
entity may apply for authorization under section 3314.029 of the	2233
Revised Code.	2234

(F) Directors, officers, and employees of an alliance are not	2235
public employees or public officials, are not subject to Chapters	2236
124., 145., and 4117. of the Revised Code, and are not "public	2237
officials" or "public servants" as defined in section 2921.01 of	2238
the Revised Code. Membership on the board of directors of an	2239
alliance does not constitute the holding of an incompatible public	2240
office or employment in violation of any statutory or common law	2241
prohibition against the simultaneous holding of more than one	2242
public office or employment. Members of the board of directors of	2243
an alliance are not disqualified from holding any public office by	2244
reason of that membership, and do not forfeit by reason of that	2245
membership the public office or employment held when appointed to	2246
the board, notwithstanding any contrary disqualification or	2247
forfeiture requirement under the Revised Code or the common law of	2248
this state.	2249

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	2250
(F), and (G) of this section or section 3313.412 of the Revised	2251
Code, when a board of education decides to dispose of real or	2252
personal property that it owns in its corporate capacity and that	2253
exceeds in value ten thousand dollars, it shall sell the property	2254
at public auction, after giving at least thirty days' notice of	2255
the auction by publication in a newspaper of general circulation	2256
in the school district, by publication as provided in section 7.16	2257
of the Revised Code, or by posting notices in five of the most	2258
public places in the school district in which the property, if it	2259
is real property, is situated, or, if it is personal property, in	2260
the school district of the board of education that owns the	2261
property. The board may offer real property for sale as an entire	2262
tract or in parcels.	2263

(B) When the board of education has offered real or personal	2264
property for sale at public auction at least once pursuant to	2265
division (A) of this section, and the property has not been sold,	2266
the board may sell it at a private sale. Regardless of how it was	2267
offered at public auction, at a private sale, the board shall, as	2268
it considers best, sell real property as an entire tract or in	2269
parcels, and personal property in a single lot or in several lots.	2270

(C) If a board of education decides to dispose of real or	2271
personal property that it owns in its corporate capacity and that	2272
exceeds in value ten thousand dollars, it may sell the property to	2273
the adjutant general; to any subdivision or taxing authority as	2274
respectively defined in divisions (A) and (C) of section 5705.01	2275
of the Revised Code, township park district, board of park	2276
commissioners established under Chapter 755. of the Revised Code,	2277
or park district established under Chapter 1545. of the Revised	2278
Code; to a wholly or partially tax-supported university,	2279
university branch, or college; or to the board of trustees of a	2280
school district library, upon such terms as are agreed upon. The	2281
sale of real or personal property to the board of trustees of a	2282
school district library is limited, in the case of real property,	2283
to a school district library within whose boundaries the real	2284
property is situated, or, in the case of personal property, to a	2285
school district library whose boundaries lie in whole or in part	2286
within the school district of the selling board of education.	2287

(D) When a board of education decides to trade as a part or	2288
an entire consideration, an item of personal property on the	2289
purchase price of an item of similar personal property, it may	2290
trade the same upon such terms as are agreed upon by the parties	2291
to the trade.	2292

(E) The president and the treasurer of the board of education	2293
shall execute and deliver deeds or other necessary instruments of	2294
conveyance to complete any sale or trade under this section.	2295

(F) When a board of education has identified a parcel of real	2296
property that it determines is needed for school purposes, the	2297
board may, upon a majority vote of the members of the board,	2298
acquire that property by exchanging real property that the board	2299
owns in its corporate capacity for the identified real property or	2300
by using real property that the board owns in its corporate	2301
capacity as part or an entire consideration for the purchase price	2302
of the identified real property. Any exchange or acquisition made	2303
pursuant to this division shall be made by a conveyance executed	2304
by the president and the treasurer of the board.	2305

(G) ~~When~~This division does not apply to a municipal school	2306
district to which section 3313.412 of the Revised Code applies.	2307

When a school district board of education decides to dispose	2308
of real property, prior to disposing of that property under	2309
divisions (A) to (F) of this section, it shall first offer that	2310
property for sale to the governing authorities of the start-up	2311
community schools established under Chapter 3314. of the Revised	2312
Code located within the territory of the school district, at a	2313
price that is not higher than the appraised fair market value of	2314
that property. If more than one community school governing	2315
authority accepts the offer made by the school district board, the	2316
board shall sell the property to the governing authority that	2317
accepted the offer first in time. If no community school governing	2318
authority accepts the offer within sixty days after the offer is	2319
made by the school district board, the board may dispose of the	2320
property in the applicable manner prescribed under divisions (A)	2321
to (F) of this section.	2322

(H) When a school district board of education has property	2323
that the board, by resolution, finds is not needed for school	2324
district use, is obsolete, or is unfit for the use for which it	2325
was acquired, the board may donate that property in accordance	2326
with this division if the fair market value of the property is, in	2327
the opinion of the board, two thousand five hundred dollars or	2328
less.	2329

The property may be donated to an eligible nonprofit	2330
organization that is located in this state and is exempt from	2331
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	2332
Before donating any property under this division, the board shall	2333
adopt a resolution expressing its intent to make unneeded,	2334
obsolete, or unfit-for-use school district property available to	2335
these organizations. The resolution shall include guidelines and	2336
procedures the board considers to be necessary to implement the	2337
donation program and shall indicate whether the school district	2338
will conduct the donation program or the board will contract with	2339
a representative to conduct it. If a representative is known when	2340
the resolution is adopted, the resolution shall provide contact	2341
information such as the representative's name, address, and	2342
telephone number.	2343

The resolution shall include within its procedures a	2344
requirement that any nonprofit organization desiring to obtain	2345
donated property under this division shall submit a written notice	2346
to the board or its representative. The written notice shall	2347
include evidence that the organization is a nonprofit organization	2348
that is located in this state and is exempt from federal income	2349
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	2350
the organization's primary purpose; a description of the type or	2351
types of property the organization needs; and the name, address,	2352
and telephone number of a person designated by the organization's	2353
governing board to receive donated property and to serve as its	2354
agent.	2355

After adoption of the resolution, the board shall publish, in	2356
a newspaper of general circulation in the school district or as	2357
provided in section 7.16 of the Revised Code, notice of its intent	2358
to donate unneeded, obsolete, or unfit-for-use school district	2359
property to eligible nonprofit organizations. The notice shall	2360
include a summary of the information provided in the resolution	2361
and shall be published twice. The second notice shall be published	2362
not less than ten nor more than twenty days after the previous	2363
notice. A similar notice also shall be posted continually in the	2364
board's office. If the school district maintains a web site on the	2365
internet, the notice shall be posted continually at that web site.	2366

The board or its representatives shall maintain a list of all	2367
nonprofit organizations that notify the board or its	2368
representative of their desire to obtain donated property under	2369
this division and that the board or its representative determines	2370
to be eligible, in accordance with the requirements set forth in	2371
this section and in the donation program's guidelines and	2372
procedures, to receive donated property.	2373

The board or its representative also shall maintain a list of	2374
all school district property the board finds to be unneeded,	2375
obsolete, or unfit for use and to be available for donation under	2376
this division. The list shall be posted continually in a	2377
conspicuous location in the board's office, and, if the school	2378
district maintains a web site on the internet, the list shall be	2379
posted continually at that web site. An item of property on the	2380
list shall be donated to the eligible nonprofit organization that	2381
first declares to the board or its representative its desire to	2382
obtain the item unless the board previously has established, by	2383
resolution, a list of eligible nonprofit organizations that shall	2384
be given priority with respect to the item's donation. Priority	2385
may be given on the basis that the purposes of a nonprofit	2386
organization have a direct relationship to specific school	2387
district purposes of programs provided or administered by the	2388
board. A resolution giving priority to certain nonprofit	2389
organizations with respect to the donation of an item of property	2390
shall specify the reasons why the organizations are given that	2391
priority.	2392

Members of the board shall consult with the Ohio ethics	2393
commission, and comply with Chapters 102. and 2921. of the Revised	2394
Code, with respect to any donation under this division to a	2395
nonprofit organization of which a board member, any member of a	2396
board member's family, or any business associate of a board member	2397
is a trustee, officer, board member, or employee.	2398

Sec. 3313.411. ~~(A)~~This section does not apply to a municipal	2399
school district to which section 3313.412 of the Revised Code	2400
applies.	2401

(A) As used in this section, "unused school facilities" means	2402
any real property that has been used by a school district for	2403
school operations, including, but not limited to, academic	2404
instruction or administration, since July 1, 1998, but has not	2405
been used in that capacity for two years.	2406

(B) On and after ~~the effective date of this section~~June 30,	2407
2011, any school district board of education shall offer any	2408
unused school facilities it owns in its corporate capacity for	2409
lease or sale to the governing authorities of community schools	2410
established under Chapter 3314. of the Revised Code that are	2411
located within the territory of the school district.	2412

(1) If, not later than sixty days after the district board	2413
makes the offer, the governing authority of one community school	2414
located within the territory of the school district notifies the	2415
district treasurer in writing of its intention to purchase the	2416
property, the district board shall sell the property to the	2417
community school for the appraised fair market value of the	2418
property.	2419

(2) If, not later than sixty days after the district board	2420
makes the offer, the governing authorities of two or more	2421
community schools located within the territory of the school	2422
district notify the district treasurer in writing of their	2423
intention to purchase the property, the board shall conduct a	2424
public auction in the manner required for auctions of district	2425
property under division (A) of section 3313.41 of the Revised	2426
Code. Only the governing authorities of all community schools	2427
located within the territory of the school district are eligible	2428
to bid at the auction. The district board is not obligated to	2429
accept any bid for the property that is lower than the appraised	2430
fair market value of the property.	2431

(3) If the governing authorities of two or more community	2432
schools located within the territory of the school district notify	2433
the district treasurer in writing of their intention to lease the	2434
property, the district board shall conduct a lottery to select the	2435
community school to which the district board shall lease the	2436
property.	2437

(4) The lease price offered by a district board to the	2438
governing authority of a community school under this section shall	2439
not be higher than the fair market value for such a leasehold.	2440

(5) If no community school governing authority accepts the	2441
offer to lease or buy the property within sixty days after the	2442
offer is made, the district board may offer the property to any	2443
other entity in accordance with divisions (A) to (F) of section	2444
3313.41 of the Revised Code.	2445

(C) Notwithstanding division (B) of this section, a school	2446
district board may renew any agreement it originally entered into	2447
prior to ~~the effective date of this section~~June 30, 2011, to	2448
lease real property to an entity other than a community school.	2449
Nothing in this section shall affect the leasehold arrangements	2450
between the district board and that other entity.	2451

Sec. 3313.412. This section applies only to a municipal	2452
school district that has at least one partnering community school.	2453

(A) As used in this section:

2454

(1) "Municipal school district" has the same meaning as in	2455
section 3311.71 of the Revised Code.	2456

(2) "Partnering community school" means a community school	2457
established under Chapter 3314. of the Revised Code that is	2458
located within the territory of a municipal school district and is	2459
sponsored by the district, receives services from the district,	2460
leases a building from the district, or is a party to an agreement	2461
with the district whereby the district and the community school	2462
endorse each other's programs.	2463

(3) "Unused academic facilities" means real property that the	2464
board of education of a municipal school district owns in its	2465
corporate capacity and that has been but is no longer being used	2466
by the district for academic instruction.	2467

(B) Except as provided in division (D) of this section, prior	2468
to disposing of unused academic facilities under division (C) of	2469
this section or section 3313.41 of the Revised Code, the board of	2470
education of a municipal school district to which this section	2471
applies shall offer that property for sale or lease, as determined	2472
by the district board, to its partnering community schools at a	2473
price that is not higher than the appraised fair market value of	2474
the property or, if the district board offers the property for	2475
lease, the fair market value for such a leasehold. If more than	2476
one partnering community school submits a responsive acceptance of	2477
the district's offer, the district board shall sell or lease the	2478
property to the partnering community school that has the highest	2479
current performing index score as reported under sections 3302.03	2480
and 3314.012 of the Revised Code. If no partnering community	2481
school submits a responsive acceptance of the offer within ten	2482
business days after the offer is made, the property may be sold or	2483
leased under division (C) of this section or sold under section	2484
3313.41 of the Revised Code. The district board shall establish	2485
terms, conditions, and procedures for offers made under this	2486
section and may delegate to any district officer the authority to	2487
determine if acceptances submitted by partnering community schools	2488
are responsive to offers made by the board.	2489

(C) The board of education of a municipal school district to	2490
which this section applies may sell or lease real property it owns	2491
in its corporate capacity, upon such terms as are agreed upon, to	2492
any of the entities listed in division (C) of section 3313.41 of	2493
the Revised Code and to any community school located within the	2494
territory of the school district or a nonpublic school that is	2495
chartered pursuant to section 3301.16 of the Revised Code.	2496

(D) The board of education of a municipal school district to	2497
which this section applies may sell or lease any real property it	2498
owns in its corporate capacity to any individual or entity at the	2499
written request of the mayor or legislative authority of the	2500
municipal corporation within the territory of which all or a	2501
portion of the real property is situated. The terms of the sale or	2502
lease of the property shall be specified in the request of the	2503
mayor or legislative authority. The request also shall include a	2504
determination that the sale or lease of the property is in	2505
furtherance of a public purpose of the municipal corporation.	2506

(E) The chairperson of the district board and the chief	2507
financial officer of the district shall execute and deliver deeds,	2508
leases, or other necessary instruments of conveyance to complete	2509
any sale or lease made under this section.	2510

(F) The district board shall maintain a written inventory of	2511
its unused academic facilities and its plans for reutilization or	2512
disposition of those facilities and shall update that inventory at	2513
least annually.	2514

(G) Notwithstanding division (F) of section 5705.10 of the	2515
Revised Code, if a school district board sells real property that	2516
it owns in its corporate capacity, moneys received from the sale	2517
may be paid into the general fund of the district, as long as the	2518
district has owned the real property for at least five years and	2519
the real property and any improvements to that real property were	2520
not acquired with the proceeds of public obligations, as defined	2521
in section 133.01 of the Revised Code, of the district that are	2522
outstanding at the time of the sale.	2523

Sec. 3313.975. As used in this section and in sections	2524
~~3313.975~~3313.976 to 3313.979 of the Revised Code, "the pilot	2525
project school district" or "the district" means any school	2526
district included in the pilot project scholarship program	2527
pursuant to this section.	2528

(A) The superintendent of public instruction shall establish	2529
a pilot project scholarship program and shall include in such	2530
program any school districts that are or have ever been under	2531
federal court order requiring supervision and operational	2532
management of the district by the state superintendent. The	2533
program shall provide for a number of students residing in any	2534
such district to receive scholarships to attend alternative	2535
schools, and for an equal number of students to receive tutorial	2536
assistance grants while attending public school in any such	2537
district.	2538

(B) The state superintendent shall establish an application	2539
process and deadline for accepting applications from students	2540
residing in the district to participate in the scholarship	2541
program. In the initial year of the program students may only use	2542
a scholarship to attend school in grades kindergarten through	2543
third.	2544

The state superintendent shall award as many scholarships and	2545
tutorial assistance grants as can be funded given the amount	2546
appropriated for the program. In no case, however, shall more than	2547
fifty per cent of all scholarships awarded be used by students who	2548
were enrolled in a nonpublic school during the school year of	2549
application for a scholarship.	2550

(C)(1) The pilot project program shall continue in effect	2551
each year that the general assembly has appropriated sufficient	2552
money to fund scholarships and tutorial assistance grants. In each	2553
year the program continues, new students may receive scholarships	2554
in grades kindergarten to twelve. A student who has received a	2555
scholarship may continue to receive one until the student has	2556
completed grade twelve.	2557

(2) If the general assembly discontinues the scholarship	2558
program, all students who are attending an alternative school	2559
under the pilot project shall be entitled to continued admittance	2560
to that specific school through all grades that are provided in	2561
such school, under the same conditions as when they were	2562
participating in the pilot project. The state superintendent shall	2563
continue to make scholarship payments in accordance with division	2564
(A) or (B) of section 3313.979 of the Revised Code for students	2565
who remain enrolled in an alternative school under this provision	2566
in any year that funds have been appropriated for this purpose.	2567

If funds are not appropriated, the tuition charged to the	2568
parents of a student who remains enrolled in an alternative school	2569
under this provision shall not be increased beyond the amount	2570
equal to the amount of the scholarship plus any additional amount	2571
charged that student's parent in the most recent year of	2572
attendance as a participant in the pilot project, except that	2573
tuition for all the students enrolled in such school may be	2574
increased by the same percentage.	2575

(D) Notwithstanding sections 124.39, 3307.54, and ~~3319.17~~	2576
3311.83 of the Revised Code, if the pilot project school district	2577
experiences a decrease in enrollment due to participation in a	2578
state-sponsored scholarship program pursuant to sections 3313.974	2579
to 3313.979 of the Revised Code, the district board of education	2580
may enter into an agreement with any teacher it employs to provide	2581
to that teacher severance pay or early retirement incentives, or	2582
both, if the teacher agrees to terminate the employment contract	2583
with the district board, provided any collective bargaining	2584
agreement in force pursuant to Chapter 4117. of the Revised Code	2585
does not prohibit such an agreement for termination of a teacher's	2586
employment contract.	2587

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	2588
the superintendent of public instruction shall appoint	2589
representatives of the department of education, including	2590
employees who work with the education management information	2591
system, to a committee to develop report card models for community	2592
schools. The committee shall design model report cards appropriate	2593
for the various types of community schools approved to operate in	2594
the state. Sufficient models shall be developed to reflect the	2595
variety of grade levels served and the missions of the state's	2596
community schools. All models shall include both financial and	2597
academic data. The initial models shall be developed by March 31,	2598
2000.	2599

(B) The department of education shall issue an annual report	2600
card for each community school, regardless of how long the school	2601
has been in operation. The report card shall report the academic	2602
and financial performance of the school utilizing one of the	2603
models developed under division (A) of this section. The report	2604
card shall include all information applicable to school buildings	2605
under division (A) of section 3302.03 of the Revised Code. The	2606
ratings a community school receives under section 3302.03 of the	2607
Revised Code for its first two full school years shall not be	2608
considered toward automatic closure of the school under section	2609
3314.35 or 3314.351 of the Revised Code or any other matter that	2610
is based on report card ratings.	2611

(C) Upon receipt of a copy of a contract between a sponsor	2612
and a community school entered into under this chapter, the	2613
department of education shall notify the community school of the	2614
specific model report card that will be used for that school.	2615

(D) Report cards shall be distributed to the parents of all	2616
students in the community school, to the members of the board of	2617
education of the school district in which the community school is	2618
located, and to any person who requests one from the department.	2619

Sec. 3314.016. This section applies to any entity that	2620
sponsors a community school, regardless of whether section	2621
3314.021 or 3314.027 of the Revised Code exempts the entity from	2622
the requirement to be approved for sponsorship under divisions	2623
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.	2624

(A) An entity that sponsors a community school shall be	2625
permitted to enter into contracts under section 3314.03 of the	2626
Revised Code to sponsor additional community schools only if the	2627
entity meets both of the following criteria:	2628

(1) The entity is in compliance with all provisions of this	2629
chapter requiring sponsors of community schools to report data or	2630
information to the department of education.	2631

(2) The entity is not ranked in the lowest twenty per cent of	2632
community school sponsors on the ranking prescribed by division	2633
(B) of this section.	2634

(B) For purposes of this section, the department shall	2635
develop a composite performance index score, as defined in section	2636
3302.01 of the Revised Code, that measures the academic	2637
performance of students enrolled in community schools sponsored by	2638
the same entity. In calculating the composite performance index	2639
score, the department shall exclude all community schools	2640
described in division (A)~~(3)~~(2) of section 3314.35 and in division	2641
(A)(2) of section 3314.351 of the Revised Code, but the department	2642
shall cease to exclude those schools beginning January 1, 2013, if	2643
the general assembly does not enact by that date separate	2644
performance standards for community schools that operate dropout	2645
prevention and recovery programs and for community schools that	2646
serve students with disabilities. The department annually shall	2647
rank all entities that sponsor community schools from highest to	2648
lowest according to the entities' composite performance index	2649
scores.	2650

(C) If the governing authority of a community school enters	2651
into a contract with a sponsor prior to the date on which the	2652
sponsor is prohibited from sponsoring additional schools under	2653
division (A) of this section and the school has not opened for	2654
operation as of that date, that contract shall be void and the	2655
school shall not open until the governing authority secures a new	2656
sponsor by entering into a contract with the new sponsor under	2657
section 3314.03 of the Revised Code.	2658

Sec. 3314.10. (A)(1) The governing authority of any	2659
community school established under this chapter may employ	2660
teachers and nonteaching employees necessary to carry out its	2661
mission and fulfill its contract.	2662

(2) Except as provided under division (A)(3) of this section,	2663
employees hired under this section may organize and collectively	2664
bargain pursuant to Chapter 4117. of the Revised Code.	2665
Notwithstanding division (D)(1) of section 4117.06 of the Revised	2666
Code, a unit containing teaching and nonteaching employees	2667
employed under this section shall be considered an appropriate	2668
unit. As applicable, employment under this section is subject to	2669
either Chapter 3307. or 3309. of the Revised Code.	2670

(3) If a school is created by converting all or part of an	2671
existing public school rather than by establishment of a new	2672
start-up school, at the time of conversion, the employees of the	2673
community school shall remain part of any collective bargaining	2674
unit in which they were included immediately prior to the	2675
conversion and shall remain subject to any collective bargaining	2676
agreement for that unit in effect on the first day of July of the	2677
year in which the community school initially begins operation and	2678
shall be subject to any subsequent collective bargaining agreement	2679
for that unit, unless a petition is certified as sufficient under	2680
division (A)(6) of this section with regard to those employees.	2681
Any new employees of the community school shall also be included	2682
in the unit to which they would have been assigned had not the	2683
conversion taken place and shall be subject to the collective	2684
bargaining agreement for that unit unless a petition is certified	2685
as sufficient under division (A)(6) of this section with regard to	2686
those employees.	2687

Notwithstanding division (B) of section 4117.01 of the	2688
Revised Code, the board of education of a school district and not	2689
the governing authority of a community school shall be regarded,	2690
for purposes of Chapter 4117. of the Revised Code, as the "public	2691
employer" of the employees of a conversion community school	2692
subject to a collective bargaining agreement pursuant to division	2693
(A)(3) of this section unless a petition is certified under	2694
division (A)(6) of this section with regard to those employees.	2695
Only on and after the effective date of a petition certified as	2696
sufficient under division (A)(6) of this section shall division	2697
(A)(2) of this section apply to those employees of that community	2698
school and only on and after the effective date of that petition	2699
shall Chapter 4117. of the Revised Code apply to the governing	2700
authority of that community school with regard to those employees.	2701

(4) Notwithstanding sections 4117.03 to 4117.18 of the	2702
Revised Code and Section 4 of Amended Substitute Senate Bill No.	2703
133 of the 115th general assembly, the employees of a conversion	2704
community school who are subject to a collective bargaining	2705
agreement pursuant to division (A)(3) of this section shall cease	2706
to be subject to that agreement and all subsequent agreements	2707
pursuant to that division and shall cease to be part of the	2708
collective bargaining unit that is subject to that and all	2709
subsequent agreements, if a majority of the employees of that	2710
community school who are subject to that collective bargaining	2711
agreement sign and submit to the state employment relations board	2712
a petition requesting all of the following:	2713

(a) That all the employees of the community school who are	2714
subject to that agreement be removed from the bargaining unit that	2715
is subject to that agreement and be designated by the state	2716
employment relations board as a new and separate bargaining unit	2717
for purposes of Chapter 4117. of the Revised Code;	2718

(b) That the employee organization certified as the exclusive	2719
representative of the employees of the bargaining unit from which	2720
the employees are to be removed be certified as the exclusive	2721
representative of the new and separate bargaining unit for	2722
purposes of Chapter 4117. of the Revised Code;	2723

(c) That the governing authority of the community school be	2724
regarded as the "public employer" of these employees for purposes	2725
of Chapter 4117. of the Revised Code.	2726

(5) Notwithstanding sections 4117.03 to 4117.18 of the	2727
Revised Code and Section 4 of Amended Substitute Senate Bill No.	2728
133 of the 115th general assembly, the employees of a conversion	2729
community school who are subject to a collective bargaining	2730
agreement pursuant to division (A)(3) of this section shall cease	2731
to be subject to that agreement and all subsequent agreements	2732
pursuant to that division, shall cease to be part of the	2733
collective bargaining unit that is subject to that and all	2734
subsequent agreements, and shall cease to be represented by any	2735
exclusive representative of that collective bargaining unit, if a	2736
majority of the employees of the community school who are subject	2737
to that collective bargaining agreement sign and submit to the	2738
state employment relations board a petition requesting all of the	2739
following:	2740

(a) That all the employees of the community school who are	2741
subject to that agreement be removed from the bargaining unit that	2742
is subject to that agreement;	2743

(b) That any employee organization certified as the exclusive	2744
representative of the employees of that bargaining unit be	2745
decertified as the exclusive representative of the employees of	2746
the community school who are subject to that agreement;	2747

(c) That the governing authority of the community school be	2748
regarded as the "public employer" of these employees for purposes	2749
of Chapter 4117. of the Revised Code.	2750

(6) Upon receipt of a petition under division (A)(4) or (5)	2751
of this section, the state employment relations board shall check	2752
the sufficiency of the signatures on the petition. If the	2753
signatures are found sufficient, the board shall certify the	2754
sufficiency of the petition and so notify the parties involved,	2755
including the board of education, the governing authority of the	2756
community school, and any exclusive representative of the	2757
bargaining unit. The changes requested in a certified petition	2758
shall take effect on the first day of the month immediately	2759
following the date on which the sufficiency of the petition is	2760
certified under division (A)(6) of this section.	2761

(B)(1) The board of education of each city, local, and	2762
exempted village school district sponsoring a community school and	2763
the governing board of each educational service center in which a	2764
community school is located shall adopt a policy that provides a	2765
leave of absence of at least three years to each teacher or	2766
nonteaching employee of the district or service center who is	2767
employed by a conversion or new start-up community school	2768
sponsored by the district or located in the district or center for	2769
the period during which the teacher or employee is continuously	2770
employed by the community school. The policy shall also provide	2771
that any teacher or nonteaching employee may return to employment	2772
by the district or service center if the teacher or employee	2773
leaves or is discharged from employment with the community school	2774
for any reason, unless, in the case of a teacher, the board of the	2775
district or service center determines that the teacher was	2776
discharged for a reason for which the board would have sought to	2777
discharge the teacher under section 3311.82 or 3319.16 of the	2778
Revised Code, in which case the board may proceed to discharge the	2779
teacher utilizing the procedures of that section. Upon termination	2780
of such a leave of absence, any seniority that is applicable to	2781
the person shall be calculated to include all of the following:	2782
all employment by the district or service center prior to the	2783
leave of absence; all employment by the community school during	2784
the leave of absence; and all employment by the district or	2785
service center after the leave of absence. The policy shall also	2786
provide that if any teacher holding valid certification returns to	2787
employment by the district or service center upon termination of	2788
such a leave of absence, the teacher shall be restored to the	2789
previous position and salary or to a position and salary similar	2790
thereto. If, as a result of teachers returning to employment upon	2791
termination of such leaves of absence, a school district or	2792
educational service center reduces the number of teachers it	2793
employs, it shall make such reductions in accordance with section	2794
3319.171 of the Revised Code.	2795

Unless a collective bargaining agreement providing otherwise	2796
is in effect for an employee of a conversion community school	2797
pursuant to division (A)(3) of this section, an employee on a	2798
leave of absence pursuant to this division shall remain eligible	2799
for any benefits that are in addition to benefits under Chapter	2800
3307. or 3309. of the Revised Code provided by the district or	2801
service center to its employees provided the employee pays the	2802
entire cost associated with such benefits, except that personal	2803
leave and vacation leave cannot be accrued for use as an employee	2804
of a school district or service center while in the employ of a	2805
community school unless the district or service center board	2806
adopts a policy expressly permitting this accrual.	2807

(2) While on a leave of absence pursuant to division (B)(1)	2808
of this section, a conversion community school shall permit a	2809
teacher to use sick leave accrued while in the employ of the	2810
school district from which the leave of absence was taken and	2811
prior to commencing such leave. If a teacher who is on such a	2812
leave of absence uses sick leave so accrued, the cost of any	2813
salary paid by the community school to the teacher for that time	2814
shall be reported to the department of education. The cost of	2815
employing a substitute teacher for that time shall be paid by the	2816
community school. The department of education shall add amounts to	2817
the payments made to a community school under this chapter as	2818
necessary to cover the cost of salary reported by a community	2819
school as paid to a teacher using sick leave so accrued pursuant	2820
to this section. The department shall subtract the amounts of any	2821
payments made to community schools under this division from	2822
payments made to such sponsoring school district under Chapter	2823
3317. of the Revised Code.	2824

A school district providing a leave of absence and employee	2825
benefits to a person pursuant to this division is not liable for	2826
any action of that person while the person is on such leave and	2827
employed by a community school.	2828

Sec. 3314.35. (A)(1) ~~Except as provided in division (A)(3)~~	2829
~~of this section, this section applies to any community school that~~	2830
~~meets one of the following criteria after July 1, 2009, but before~~	2831
~~July 1, 2011:~~	2832

~~(a) The school does not offer a grade level higher than three~~	2833
~~and has been declared to be in a state of academic emergency under~~	2834
~~section 3302.03 of the Revised Code for three of the four most~~	2835
~~recent school years.~~	2836

~~(b) The school satisfies all of the following conditions:~~

2837

~~(i) The school offers any of grade levels four to eight but~~	2838
~~does not offer a grade level higher than nine.~~	2839

~~(ii) The school has been declared to be in a state of~~	2840
~~academic emergency under section 3302.03 of the Revised Code for~~	2841
~~two of the three most recent school years.~~	2842

~~(iii) In at least two of the three most recent school years,~~	2843
~~the school showed less than one standard year of academic growth~~	2844
~~in either reading or mathematics, as determined by the department~~	2845
~~of education in accordance with rules adopted under division (A)~~	2846
~~of section 3302.021 of the Revised Code.~~	2847

~~(c) The school offers any of grade levels ten to twelve and~~	2848
~~has been declared to be in a state of academic emergency under~~	2849
~~section 3302.03 of the Revised Code for three of the four most~~	2850
~~recent school years.~~	2851

~~(2)~~ Except as provided in division (A)~~(3)~~(2) of this section,	2852
this section applies to any community school that is not located	2853
within the territory of a municipal school district, as defined in	2854
section 3311.71 of the Revised Code, and that meets one of the	2855
following criteria after July 1, 2011:	2856

(a) The school does not offer a grade level higher than three	2857
and has been declared to be in a state of academic emergency under	2858
section 3302.03 of the Revised Code for two of the three most	2859
recent school years.	2860

(b) The school satisfies all of the following conditions:

2861

(i) The school offers any of grade levels four to eight but	2862
does not offer a grade level higher than nine.	2863

(ii) The school has been declared to be in a state of	2864
academic emergency under section 3302.03 of the Revised Code for	2865
two of the three most recent school years.	2866

(iii) In at least two of the three most recent school years,	2867
the school showed less than one standard year of academic growth	2868
in either reading or mathematics, as determined by the department	2869
of education in accordance with rules adopted under division (A)	2870
of section 3302.021 of the Revised Code.	2871

(c) The school offers any of grade levels ten to twelve and	2872
has been declared to be in a state of academic emergency under	2873
section 3302.03 of the Revised Code for two of the three most	2874
recent school years.	2875

~~(3)~~(2) This section does not apply to either of the	2876
following:	2877

(a) Any community school in which a majority of the students	2878
are enrolled in a dropout prevention and recovery program that is	2879
operated by the school and that has been granted a waiver under	2880
section 3314.36 of the Revised Code;	2881

(b) Any community school in which a majority of the enrolled	2882
students are children with disabilities receiving special	2883
education and related services in accordance with Chapter 3323. of	2884
the Revised Code.	2885

(B) Any community school to which this section applies shall	2886
permanently close at the conclusion of the school year in which	2887
the school first becomes subject to this section. The sponsor and	2888
governing authority of the school shall comply with all procedures	2889
for closing a community school adopted by the department under	2890
division (E) of section 3314.015 of the Revised Code. The	2891
governing authority of the school shall not enter into a contract	2892
with any other sponsor under section 3314.03 of the Revised Code	2893
after the school closes.	2894

(C) In accordance with division (B) of section 3314.012 of	2895
the Revised Code, the department shall not consider the	2896
performance ratings assigned to a community school for its first	2897
two years of operation when determining whether the school meets	2898
the criteria prescribed by division (A)(1) ~~or (2)~~ of this section.	2899

Sec. 3314.351. (A)(1) Except as provided in division (A)(2)	2900
of this section, this section applies to any community school that	2901
is located within the territory of a municipal school district, as	2902
defined in section 3311.71 of the Revised Code, and that meets one	2903
of the following criteria after July 1, 2011:	2904

(a) The school does not offer a grade level higher than three	2905
and has been declared to be in a state of academic emergency under	2906
section 3302.03 of the Revised Code for two of the three most	2907
recent school years.	2908

(b) The school satisfies all of the following conditions:

2909

(i) The school offers any of grade levels four to eight but	2910
does not offer a grade level higher than nine.	2911

(ii) The school has been declared to be in a state of	2912
academic emergency under section 3302.03 of the Revised Code for	2913
two of the three most recent school years.	2914

(iii) In at least two of the three most recent school years,	2915
the school showed less than one standard year of academic growth	2916
in either reading or mathematics, as determined by the department	2917
of education in accordance with rules adopted under division (A)	2918
of section 3302.021 of the Revised Code.	2919

(c) The school offers any of grade levels ten to twelve and	2920
has been declared to be in a state of academic emergency under	2921
section 3302.03 of the Revised Code for two of the three most	2922
recent school years.	2923

(2) This section does not apply to either of the following:

2924

(a) Any community school in which a majority of the students	2925
are enrolled in a dropout prevention and recovery program that is	2926
operated by the school and that has been granted a waiver under	2927
section 3314.36 of the Revised Code;	2928

(b) Any community school in which a majority of the enrolled	2929
students are children with disabilities receiving special	2930
education and related services in accordance with Chapter 3323. of	2931
the Revised Code.	2932

(B) Any community school to which this section applies shall	2933
permanently close at the conclusion of the school year in which	2934
the school first becomes subject to this section. The sponsor and	2935
governing authority of the school shall comply with all procedures	2936
for closing a community school adopted by the department under	2937
division (E) of section 3314.015 of the Revised Code. The	2938
governing authority of the school shall not enter into a contract	2939
with any other sponsor under section 3314.03 of the Revised Code	2940
after the school closes.	2941

(C) In accordance with division (B) of section 3314.012 of	2942
the Revised Code, the department shall not consider the	2943
performance ratings assigned to a community school for its first	2944
two years of operation when determining whether the school meets	2945
the criteria prescribed by division (A)(1) of this section.	2946

(D) When the department determines that a school is at risk	2947
of meeting the criteria prescribed by division (A)(1) of this	2948
section in the next school year based on the school's report card	2949
issued in the current school year under section 3302.03 of the	2950
Revised Code, the department shall notify the school of that risk	2951
not later than the thirtieth day of September of the current	2952
school year. Not later than the following fifteenth day of	2953
October, the school shall send to the parent of each student	2954
enrolled in the school, or the student if at least eighteen years	2955
old and no guardian or custodian has been appointed for the	2956
student, a copy of the department's notice and a description of	2957
the steps the school will take to address its academic	2958
performance. If, based on student scores on the assessments	2959
required by divisions (A) and (B)(1) of section 3301.0710 of the	2960
Revised Code administered during the next spring as reported to	2961
the school, the school determines that it is likely the school	2962
will meet the criteria prescribed by division (A)(1) of this	2963
section when the department issues the school's next report card,	2964
the school shall notify each parent and student, as notified	2965
earlier, of that fact not later than the thirtieth day of June.	2966

(E) Any community school located within the territory of a	2967
municipal school district that fails to comply with the	2968
requirements of this section shall not be eligible to receive	2969
state funds.	2970

Sec. 3314.36. (A) ~~Section~~Sections 3314.35 and 3314.351 of	2971
the Revised Code ~~does~~do not apply to any community school in	2972
which a majority of the students are enrolled in a dropout	2973
prevention and recovery program that is operated by the school and	2974
that has been granted a waiver by the department of education. The	2975
department shall grant a waiver to a dropout prevention and	2976
recovery program, within sixty days after the program applies for	2977
the waiver, if the program meets all of the following conditions:	2978

(1) The program serves only students not younger than sixteen	2979
years of age and not older than twenty-one years of age.	2980

(2) The program enrolls students who, at the time of their	2981
initial enrollment, either, or both, are at least one grade level	2982
behind their cohort age groups or experience crises that	2983
significantly interfere with their academic progress such that	2984
they are prevented from continuing their traditional programs.	2985

(3) The program requires students to attain at least the	2986
applicable score designated for each of the assessments prescribed	2987
under division (B)(1) of section 3301.0710 of the Revised Code or,	2988
to the extent prescribed by rule of the state board of education	2989
under division (D)(6) of section 3301.0712 of the Revised Code,	2990
division (B)(2) of that section.	2991

(4) The program develops an individual career plan for the	2992
student that specifies the student's matriculating to a two-year	2993
degree program, acquiring a business and industry credential, or	2994
entering an apprenticeship.	2995

(5) The program provides counseling and support for the	2996
student related to the plan developed under division (A)(4) of	2997
this section during the remainder of the student's high school	2998
experience.	2999

(6) Prior to receiving the waiver, the program has submitted	3000
to the department an instructional plan that demonstrates how the	3001
academic content standards adopted by the state board of education	3002
under section 3301.079 of the Revised Code will be taught and	3003
assessed.	3004

If the department does not act either to grant the waiver or	3005
to reject the program application for the waiver within sixty days	3006
as required under this section, the waiver shall be considered to	3007
be granted.	3008

(B) Notwithstanding division (A) of this section, the	3009
department shall not grant a waiver to any community school that	3010
did not qualify for a waiver under this section when it initially	3011
began operations, unless the state board of education approves the	3012
waiver.	3013

Sec. 3316.07. (A) A school district financial planning and	3014
supervision commission has the following powers, duties, and	3015
functions:	3016

(1) To review or to assume responsibility for the development	3017
of all tax budgets, tax levy and bond and note resolutions,	3018
appropriation measures, and certificates of estimated resources of	3019
the school district in order to ensure that such are consistent	3020
with the financial recovery plan and a balanced appropriation	3021
budget for the current fiscal year, and to request and review any	3022
supporting information upon which the financial recovery plan and	3023
balanced appropriation budget may be developed and based, and to	3024
determine whether revenue estimates and estimates of expenditures	3025
and appropriations will result in a balanced budget;	3026

(2) To inspect and secure copies of any document, resolution,	3027
or instrument pertaining to the effective financial accounting and	3028
reporting system, debt obligations, debt limits, financial	3029
recovery plan, balanced appropriation budgets, appropriation	3030
measures, report of audit, statement or invoice, or other	3031
worksheet or record of the school district;	3032

(3) To inspect and secure copies of any document, instrument,	3033
certification, records of proceedings, or other worksheet or	3034
records of the county budget commission, county auditor, or other	3035
official or employee of the school district or of any other	3036
political subdivision or agency of government of the state;	3037

(4) To review, revise, and approve determinations and	3038
certifications affecting the school district made by the county	3039
budget commission or county auditor pursuant to Chapter 5705. of	3040
the Revised Code to ensure that such determinations and	3041
certifications are consistent with the laws of the state;	3042

(5) To bring civil actions, including mandamus, to enforce	3043
this chapter;	3044

(6) After consultation with the officials of the school	3045
district and the auditor of state, to implement or require	3046
implementation of any necessary or appropriate steps to bring the	3047
books of account, accounting systems, and financial procedures and	3048
reports of the school district into compliance with requirements	3049
prescribed by the auditor of state, and to assume responsibility	3050
for achieving such compliance and for making any desirable	3051
modifications and supplementary systems and procedures pertinent	3052
to the school district;	3053

(7) To assist or provide assistance to the school district or	3054
to assume the total responsibility for the structuring or the	3055
terms of, and the placement for sale of, debt obligations of the	3056
school district;	3057

(8) To perform all other powers, duties, and functions as	3058
provided under this chapter;	3059

(9) To make and enter into all contracts and agreements	3060
necessary or incidental to the performance of its duties and the	3061
exercise of its powers under this chapter;	3062

(10) To consult with officials of the school district and	3063
make recommendations or assume the responsibility for implementing	3064
cost reductions and revenue increases to achieve balanced budgets	3065
and carry out the financial recovery plan in accordance with this	3066
chapter;	3067

(11) To make reductions in force to bring the school	3068
district's budget into balance, notwithstanding division (A) of	3069
section 3311.83, section 3319.081, and divisions (A) and (B) of	3070
section 3319.17 of the Revised Code, notwithstanding any provision	3071
of a policy adopted under section 3319.171 of the Revised Code,	3072
and notwithstanding any provision to the contrary in section	3073
4117.08 or 4117.10 of the Revised Code or in any collective	3074
bargaining agreement entered into on or after November 21, 1997.	3075

In making reductions in force, the commission shall first	3076
consider reasonable reductions among the administrative and	3077
~~non-teaching~~nonteaching employees of the school district giving	3078
due regard to ensuring the district's ability to maintain the	3079
personnel, programs, and services essential to the provision of an	3080
adequate educational program.	3081

In making these reductions in ~~non-teaching~~nonteaching	3082
employees in districts where Chapter 124. of the Revised Code	3083
controls such reductions, the reductions shall be made in	3084
accordance with sections 124.321 to 124.327 of the Revised Code.	3085
In making these reductions in ~~non-teaching~~nonteaching employees	3086
in districts where Chapter 124. of the Revised Code does not	3087
control these reductions, within each category of ~~non-teaching~~	3088
nonteaching employees, the commission shall give preference to	3089
those employees with continuing contracts or non-probationary	3090
status and who have greater seniority.	3091

If revenues and expenditures cannot be balanced by reasonable	3092
reductions in administrative and ~~non-teaching~~nonteaching	3093
employees, the commission may also make reasonable reductions in	3094
the number of teaching contracts. If the commission finds it	3095
necessary to suspend teaching contracts, it shall suspend them in	3096
accordance with divisions (B) to (D) of section 3311.83 or	3097
division (C) of section 3319.17 of the Revised Code but shall	3098
consider a reduction in non-classroom teachers before classroom	3099
teachers.	3100

(B) During the fiscal emergency period, the commission shall,	3101
in addition to other powers:	3102

(1) With respect to the appropriation measure in effect at	3103
the commencement of the fiscal emergency period of the school	3104
district if that period commenced more than three months prior to	3105
the end of the current fiscal year, and otherwise with respect to	3106
the appropriation measure for the next fiscal year:	3107

(a) Review and determine the adequacy of all revenues to meet	3108
all expenditures for such fiscal year;	3109

(b) Review and determine the extent of any deficiency of	3110
revenues to meet such expenditures;	3111

(c) Require the school district board or superintendent to	3112
provide justification documents to substantiate, to the extent and	3113
in the manner considered necessary, any item of revenue or	3114
appropriation;	3115

(d) Not later than sixty days after taking office or after	3116
receiving the appropriation measure for the next fiscal year,	3117
issue a public report regarding its review pursuant to division	3118
(B)(1) of this section.	3119

(2) Require the school district board, by resolution, to	3120
establish monthly levels of expenditures and encumbrances	3121
consistent with the financial recovery plan and the commission's	3122
review pursuant to divisions (B)(1)(a) and (b) of this section, or	3123
establish such levels itself. If the commission permits the	3124
district board to make expenditures, the commission shall monitor	3125
the monthly levels of expenditures and encumbrances and require	3126
justification documents to substantiate any departure from any	3127
approved level. No district board shall make any expenditure apart	3128
from the approved level without the written approval of the	3129
commission.	3130

(C) In making any determination pursuant to division (B) of	3131
this section, the commission may rely on any information	3132
considered in its judgment reliable or material and shall not be	3133
restricted by any tax budget or certificate or any other document	3134
the school district may have adopted or received from any other	3135
governmental agency.	3136

(D) County, state, and school district officers or employees	3137
shall assist the commission diligently and promptly in the	3138
prosecution of its duties, including the furnishing of any	3139
materials, including justification documents, required.	3140

(E) Annually on or before the first day of April during the	3141
fiscal emergency period, the commission shall make reports and	3142
recommendations to the speaker of the house of representatives and	3143
the president of the senate concerning progress of the school	3144
district to eliminate fiscal emergency conditions, failures of the	3145
school district to comply with this chapter, and recommendations	3146
for further actions to attain the objectives of this chapter,	3147
including any legislative action needed to make provisions of law	3148
more effective for their purposes, or to enhance revenue raising	3149
or financing capabilities of school districts. The commission may	3150
make such interim reports as it considers appropriate for such	3151
purposes and shall make such additional reports as may be	3152
requested by either house of the general assembly.	3153

Sec. 3318.08. Except in the case of a joint vocational	3154
school district that receives assistance under sections 3318.40 to	3155
3318.45 of the Revised Code, if the requisite favorable vote on	3156
the election is obtained, or if the school district board has	3157
resolved to apply the proceeds of a property tax levy or the	3158
proceeds of an income tax, or a combination of proceeds from such	3159
taxes, as authorized in section 3318.052 of the Revised Code, the	3160
Ohio school facilities commission, upon certification to it of	3161
either the results of the election or the resolution under section	3162
3318.052 of the Revised Code, shall enter into a written agreement	3163
with the school district board for the construction and sale of	3164
the project. In the case of a joint vocational school district	3165
that receives assistance under sections 3318.40 to 3318.45 of the	3166
Revised Code, if the school district board of education and the	3167
school district electors have satisfied the conditions prescribed	3168
in division (D)(1) of section 3318.41 of the Revised Code, the	3169
commission shall enter into an agreement with the school district	3170
board for the construction and sale of the project. In either	3171
case, the agreement shall include, but need not be limited to, the	3172
following provisions:	3173

(A) The sale and issuance of bonds or notes in anticipation	3174
thereof, as soon as practicable after the execution of the	3175
agreement, in an amount equal to the school district's portion of	3176
the basic project cost, including any securities authorized under	3177
division (J) of section 133.06 of the Revised Code and dedicated	3178
by the school district board to payment of the district's portion	3179
of the basic project cost of the project; provided, that if at	3180
that time the county treasurer of each county in which the school	3181
district is located has not commenced the collection of taxes on	3182
the general duplicate of real and public utility property for the	3183
year in which the controlling board approved the project, the	3184
school district board shall authorize the issuance of a first	3185
installment of bond anticipation notes in an amount specified by	3186
the agreement, which amount shall not exceed an amount necessary	3187
to raise the net bonded indebtedness of the school district as of	3188
the date of the controlling board's approval to within five	3189
thousand dollars of the required level of indebtedness for the	3190
preceding year. In the event that a first installment of bond	3191
anticipation notes is issued, the school district board shall, as	3192
soon as practicable after the county treasurer of each county in	3193
which the school district is located has commenced the collection	3194
of taxes on the general duplicate of real and public utility	3195
property for the year in which the controlling board approved the	3196
project, authorize the issuance of a second and final installment	3197
of bond anticipation notes or a first and final issue of bonds.	3198

The combined value of the first and second installment of	3199
bond anticipation notes or the value of the first and final issue	3200
of bonds shall be equal to the school district's portion of the	3201
basic project cost. The proceeds of any such bonds shall be used	3202
first to retire any bond anticipation notes. Otherwise, the	3203
proceeds of such bonds and of any bond anticipation notes, except	3204
the premium and accrued interest thereon, shall be deposited in	3205
the school district's project construction fund. In determining	3206
the amount of net bonded indebtedness for the purpose of fixing	3207
the amount of an issue of either bonds or bond anticipation notes,	3208
gross indebtedness shall be reduced by moneys in the bond	3209
retirement fund only to the extent of the moneys therein on the	3210
first day of the year preceding the year in which the controlling	3211
board approved the project. Should there be a decrease in the tax	3212
valuation of the school district so that the amount of	3213
indebtedness that can be incurred on the tax duplicates for the	3214
year in which the controlling board approved the project is less	3215
than the amount of the first installment of bond anticipation	3216
notes, there shall be paid from the school district's project	3217
construction fund to the school district's bond retirement fund to	3218
be applied against such notes an amount sufficient to cause the	3219
net bonded indebtedness of the school district, as of the first	3220
day of the year following the year in which the controlling board	3221
approved the project, to be within five thousand dollars of the	3222
required level of indebtedness for the year in which the	3223
controlling board approved the project. The maximum amount of	3224
indebtedness to be incurred by any school district board as its	3225
share of the cost of the project is either an amount that will	3226
cause its net bonded indebtedness, as of the first day of the year	3227
following the year in which the controlling board approved the	3228
project, to be within five thousand dollars of the required level	3229
of indebtedness, or an amount equal to the required percentage of	3230
the basic project costs, whichever is greater. All bonds and bond	3231
anticipation notes shall be issued in accordance with Chapter 133.	3232
of the Revised Code, and notes may be renewed as provided in	3233
section 133.22 of the Revised Code.	3234

(B) The transfer of such funds of the school district board	3235
available for the project, together with the proceeds of the sale	3236
of the bonds or notes, except premium, accrued interest, and	3237
interest included in the amount of the issue, to the school	3238
district's project construction fund;	3239

(C) For all school districts except joint vocational school	3240
districts that receive assistance under sections 3318.40 to	3241
3318.45 of the Revised Code, the following provisions as	3242
applicable:	3243

(1) If section 3318.052 of the Revised Code applies, the	3244
earmarking of the proceeds of a tax levied under section 5705.21	3245
of the Revised Code for general permanent improvements or under	3246
section 5705.218 of the Revised Code for the purpose of permanent	3247
improvements, or the proceeds of a school district income tax	3248
levied under Chapter 5748. of the Revised Code, or the proceeds	3249
from a combination of those two taxes, in an amount to pay all or	3250
part of the service charges on bonds issued to pay the school	3251
district portion of the project and an amount equivalent to all or	3252
part of the tax required under division (B) of section 3318.05 of	3253
the Revised Code;	3254

(2) If section 3318.052 of the Revised Code does not apply,	3255
one of the following:	3256

(a) The levy of the tax authorized at the election for the	3257
payment of maintenance costs, as specified in division (B) of	3258
section 3318.05 of the Revised Code;	3259

(b) If the school district electors have approved a	3260
continuing tax for general permanent improvements under section	3261
5705.21 of the Revised Code and that tax can be used for	3262
maintenance, the earmarking of an amount of the proceeds from such	3263
tax for maintenance of classroom facilities as specified in	3264
division (B) of section 3318.05 of the Revised Code;	3265

(c) If, in lieu of the tax otherwise required under division	3266
(B) of section 3318.05 of the Revised Code, the commission has	3267
approved the transfer of money to the maintenance fund in	3268
accordance with section 3318.051 of the Revised Code, a	3269
requirement that the district board comply with the provisions	3270
that section. The district board may rescind the provision	3271
prescribed under division (C)(2)(c) of this section only so long	3272
as the electors of the district have approved, in accordance with	3273
section 3318.063 of the Revised Code, the levy of a tax for the	3274
maintenance of the classroom facilities acquired under the	3275
district's project and that levy continues to be collected as	3276
approved by the electors.	3277

(D) For joint vocational school districts that receive	3278
assistance under sections 3318.40 to 3318.45 of the Revised Code,	3279
provision for deposit of school district moneys dedicated to	3280
maintenance of the classroom facilities acquired under those	3281
sections as prescribed in section 3318.43 of the Revised Code;	3282

(E) Dedication of any local donated contribution as provided	3283
for under section 3318.084 of the Revised Code, including a	3284
schedule for depositing such moneys applied as an offset of the	3285
district's obligation to levy the tax described in division (B) of	3286
section 3318.05 of the Revised Code as required under division	3287
(D)(2) of section 3318.084 of the Revised Code;	3288

(F) Ownership of or interest in the project during the period	3289
of construction, which shall be divided between the commission and	3290
the school district board in proportion to their respective	3291
contributions to the school district's project construction fund;	3292

(G) Maintenance of the state's interest in the project until	3293
any obligations issued for the project under section 3318.26 of	3294
the Revised Code are no longer outstanding;	3295

(H) The insurance of the project by the school district from	3296
the time there is an insurable interest therein and so long as the	3297
state retains any ownership or interest in the project pursuant to	3298
division (F) of this section, in such amounts and against such	3299
risks as the commission shall require; provided, that the cost of	3300
any required insurance until the project is completed shall be a	3301
part of the basic project cost;	3302

(I) The certification by the director of budget and	3303
management that funds are available and have been set aside to	3304
meet the state's share of the basic project cost as approved by	3305
the controlling board pursuant to either section 3318.04 or	3306
division (B)(1) of section 3318.41 of the Revised Code;	3307

(J) Authorization of the school district board to advertise	3308
for and receive construction bids for the project, for and on	3309
behalf of the commission, and to award contracts in the name of	3310
the state subject to approval by the commission;	3311

(K) Provisions for the disbursement of moneys from the school	3312
district's project account upon issuance by the commission or the	3313
commission's designated representative of vouchers for work done	3314
to be certified to the commission by the treasurer of the school	3315
district board;	3316

(L) Disposal of any balance left in the school district's	3317
project construction fund upon completion of the project;	3318

(M) Limitations upon use of the project or any part of it so	3319
long as any obligations issued to finance the project under	3320
section 3318.26 of the Revised Code are outstanding;	3321

(N) Provision for vesting the state's interest in the project	3322
to the school district board when the obligations issued to	3323
finance the project under section 3318.26 of the Revised Code are	3324
outstanding;	3325

(O) Provision for deposit of an executed copy of the	3326
agreement in the office of the commission;	3327

(P) Provision for termination of the contract and release of	3328
the funds encumbered at the time of the conditional approval, if	3329
the proceeds of the sale of the bonds of the school district board	3330
are not paid into the school district's project construction fund	3331
and if bids for the construction of the project have not been	3332
taken within such period after the execution of the agreement as	3333
may be fixed by the commission;	3334

(Q) Provision for the school district to maintain the project	3335
in accordance with a plan approved by the commission;	3336

(R) Provision that all state funds reserved and encumbered to	3337
pay the state share of the cost of the project and the funds	3338
provided by the school district to pay for its share of the	3339
project cost, including the respective shares of the cost of a	3340
segment if the project is divided into segments, be spent on the	3341
construction and acquisition of the project or segment	3342
simultaneously in proportion to the state's and the school	3343
district's respective shares of that basic project cost as	3344
determined under section 3318.032 of the Revised Code or, if the	3345
district is a joint vocational school district, under section	3346
3318.42 of the Revised Code. However, if the school district	3347
certifies to the commission that expenditure by the school	3348
district is necessary to maintain the federal tax status or	3349
tax-exempt status of notes or bonds issued by the school district	3350
to pay for its share of the project cost or to comply with	3351
applicable temporary investment periods or spending exceptions to	3352
rebate as provided for under federal law in regard to those notes	3353
or bonds, the school district may commit to spend, or spend, a	3354
greater portion of the funds it provides during any specific	3355
period than would otherwise be required under this division.	3356

(S) A provision stipulating that the commission may prohibit	3357
the district from proceeding with any project if the commission	3358
determines that the site is not suitable for construction	3359
purposes. The commission may perform soil tests in its	3360
determination of whether a site is appropriate for construction	3361
purposes.	3362

(T) A provision stipulating that, unless otherwise authorized	3363
by the commission, any contingency reserve portion of the	3364
construction budget prescribed by the commission shall be used	3365
only to pay costs resulting from unforeseen job conditions, to	3366
comply with rulings regarding building and other codes, to pay	3367
costs related to design clarifications or corrections to contract	3368
documents, and to pay the costs of settlements or judgments	3369
related to the project as provided under section 3318.086 of the	3370
Revised Code;	3371

(U) Provision stipulating that for continued release of	3372
project funds the school district board shall comply with ~~section~~	3373
sections 3313.41 and 3313.412 of the Revised Code throughout the	3374
project and shall notify the department of education and the Ohio	3375
community school association when the board plans to dispose of	3376
facilities by sale under ~~that section~~those sections;	3377

(V) Provision that the commission shall not approve a	3378
contract for demolition of a facility until the school district	3379
board has complied with ~~section~~sections 3313.41 and 3313.412 of	3380
the Revised Code relative to that facility, unless demolition of	3381
that facility is to clear a site for construction of a replacement	3382
facility included in the district's project.	3383

Sec. 3319.02. (A)(1) As used in this section, "other	3384
administrator" means any of the following:	3385

(a) Except as provided in division (A)(2) of this section,	3386
any employee in a position for which a board of education requires	3387
a license designated by rule of the department of education for	3388
being an administrator issued under section 3319.22 of the Revised	3389
Code, including a professional pupil services employee or	3390
administrative specialist or an equivalent of either one who is	3391
not employed as a school counselor and spends less than fifty per	3392
cent of the time employed teaching or working with students;	3393

(b) Any nonlicensed employee whose job duties enable such	3394
employee to be considered as either a "supervisor" or a	3395
"management level employee," as defined in section 4117.01 of the	3396
Revised Code;	3397

(c) A business manager appointed under section 3319.03 of the	3398
Revised Code.	3399

(2) As used in this section, "other administrator" does not	3400
include a superintendent, assistant superintendent, principal, or	3401
assistant principal.	3402

(B) The board of education of each school district and the	3403
governing board of an educational service center may appoint one	3404
or more assistant superintendents and such other administrators as	3405
are necessary. An assistant educational service center	3406
superintendent or service center supervisor employed on a	3407
part-time basis may also be employed by a local board as a	3408
teacher. The board of each city, exempted village, and local	3409
school district shall employ principals for all high schools and	3410
for such other schools as the board designates, and those boards	3411
may appoint assistant principals for any school that they	3412
designate.	3413

(C) In educational service centers and in city, exempted	3414
village, and local school districts, assistant superintendents,	3415
principals, assistant principals, and other administrators shall	3416
only be employed or reemployed in accordance with nominations of	3417
the superintendent, except that a board of education of a school	3418
district or the governing board of a service center, by a	3419
three-fourths vote of its full membership, may reemploy any	3420
assistant superintendent, principal, assistant principal, or other	3421
administrator whom the superintendent refuses to nominate.	3422

The board of education or governing board shall execute a	3423
written contract of employment with each assistant superintendent,	3424
principal, assistant principal, and other administrator it employs	3425
or reemploys. The term of such contract shall not exceed three	3426
years except that in the case of a person who has been employed as	3427
an assistant superintendent, principal, assistant principal, or	3428
other administrator in the district or center for three years or	3429
more, the term of the contract shall be for not more than five	3430
years and, unless the superintendent of the district recommends	3431
otherwise, not less than two years. If the superintendent so	3432
recommends, the term of the contract of a person who has been	3433
employed by the district or service center as an assistant	3434
superintendent, principal, assistant principal, or other	3435
administrator for three years or more may be one year, but all	3436
subsequent contracts granted such person shall be for a term of	3437
not less than two years and not more than five years. When a	3438
teacher with continuing service status becomes an assistant	3439
superintendent, principal, assistant principal, or other	3440
administrator with the district or service center with which the	3441
teacher holds continuing service status, the teacher retains such	3442
status in the teacher's nonadministrative position as provided in	3443
sections 3311.77, 3319.08, and 3319.09 of the Revised Code.	3444

A board of education or governing board may reemploy an	3445
assistant superintendent, principal, assistant principal, or other	3446
administrator at any regular or special meeting held during the	3447
period beginning on the first day of January of the calendar year	3448
immediately preceding the year of expiration of the employment	3449
contract and ending on the last day of March of the year the	3450
employment contract expires.	3451

Except by mutual agreement of the parties thereto, no	3452
assistant superintendent, principal, assistant principal, or other	3453
administrator shall be transferred during the life of a contract	3454
to a position of lesser responsibility. No contract may be	3455
terminated by a board except pursuant to section 3319.16 of the	3456
Revised Code. No contract may be suspended except pursuant to	3457
section 3319.17 or 3319.171 of the Revised Code. The salaries and	3458
compensation prescribed by such contracts shall not be reduced by	3459
a board unless such reduction is a part of a uniform plan	3460
affecting the entire district or center. The contract shall	3461
specify the employee's administrative position and duties as	3462
included in the job description adopted under division (D) of this	3463
section, the salary and other compensation to be paid for	3464
performance of duties, the number of days to be worked, the number	3465
of days of vacation leave, if any, and any paid holidays in the	3466
contractual year.	3467

An assistant superintendent, principal, assistant principal,	3468
or other administrator is, at the expiration of the current term	3469
of employment, deemed reemployed at the same salary plus any	3470
increments that may be authorized by the board, unless such	3471
employee notifies the board in writing to the contrary on or	3472
before the first day of June, or unless such board, on or before	3473
the last day of March of the year in which the contract of	3474
employment expires, either reemploys such employee for a	3475
succeeding term or gives written notice of its intention not to	3476
reemploy the employee. The term of reemployment of a person	3477
reemployed under this paragraph shall be one year, except that if	3478
such person has been employed by the school district or service	3479
center as an assistant superintendent, principal, assistant	3480
principal, or other administrator for three years or more, the	3481
term of reemployment shall be two years.	3482

(D)(1) Each board shall adopt procedures for the evaluation	3483
of all assistant superintendents, principals, assistant	3484
principals, and other administrators and shall evaluate such	3485
employees in accordance with those procedures. The procedures for	3486
the evaluation of principals shall be based on principles	3487
comparable to the teacher evaluation policy adopted by the board	3488
under section 3319.111 of the Revised Code, but shall be tailored	3489
to the duties and responsibilities of principals and the	3490
environment in which principals work. An evaluation based upon	3491
procedures adopted under this division shall be considered by the	3492
board in deciding whether to renew the contract of employment of	3493
an assistant superintendent, principal, assistant principal, or	3494
other administrator.	3495

(2) The evaluation shall measure each assistant	3496
superintendent's, principal's, assistant principal's, and other	3497
administrator's effectiveness in performing the duties included in	3498
the job description and the evaluation procedures shall provide	3499
for, but not be limited to, the following:	3500

(a) Each assistant superintendent, principal, assistant	3501
principal, and other administrator shall be evaluated annually	3502
through a written evaluation process.	3503

(b) The evaluation shall be conducted by the superintendent	3504
or designee.	3505

(c) In order to provide time to show progress in correcting	3506
the deficiencies identified in the evaluation process, the	3507
evaluation process shall be completed as follows:	3508

(i) In any school year that the employee's contract of	3509
employment is not due to expire, at least one evaluation shall be	3510
completed in that year. A written copy of the evaluation shall be	3511
provided to the employee no later than the end of the employee's	3512
contract year as defined by the employee's annual salary notice.	3513

(ii) In any school year that the employee's contract of	3514
employment is due to expire, at least a preliminary evaluation and	3515
at least a final evaluation shall be completed in that year. A	3516
written copy of the preliminary evaluation shall be provided to	3517
the employee at least sixty days prior to any action by the board	3518
on the employee's contract of employment. The final evaluation	3519
shall indicate the superintendent's intended recommendation to the	3520
board regarding a contract of employment for the employee. A	3521
written copy of the evaluation shall be provided to the employee	3522
at least five days prior to the board's acting to renew or not	3523
renew the contract.	3524

(3) Termination of an assistant superintendent, principal,	3525
assistant principal, or other administrator's contract shall be	3526
pursuant to section 3319.16 of the Revised Code. Suspension of any	3527
such employee shall be pursuant to section 3319.17 or 3319.171 of	3528
the Revised Code.	3529

(4) Before taking action to renew or nonrenew the contract of	3530
an assistant superintendent, principal, assistant principal, or	3531
other administrator under this section and prior to the last day	3532
of March of the year in which such employee's contract expires,	3533
the board shall notify each such employee of the date that the	3534
contract expires and that the employee may request a meeting with	3535
the board. Upon request by such an employee, the board shall grant	3536
the employee a meeting in executive session. In that meeting, the	3537
board shall discuss its reasons for considering renewal or	3538
nonrenewal of the contract. The employee shall be permitted to	3539
have a representative, chosen by the employee, present at the	3540
meeting.	3541

(5) The establishment of an evaluation procedure shall not	3542
create an expectancy of continued employment. Nothing in division	3543
(D) of this section shall prevent a board from making the final	3544
determination regarding the renewal or nonrenewal of the contract	3545
of any assistant superintendent, principal, assistant principal,	3546
or other administrator. However, if a board fails to provide	3547
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	3548
section, or if the board fails to provide at the request of the	3549
employee a meeting as prescribed in division (D)(4) of this	3550
section, the employee automatically shall be reemployed at the	3551
same salary plus any increments that may be authorized by the	3552
board for a period of one year, except that if the employee has	3553
been employed by the district or service center as an assistant	3554
superintendent, principal, assistant principal, or other	3555
administrator for three years or more, the period of reemployment	3556
shall be for two years.	3557

(E) On nomination of the superintendent of a service center a	3558
governing board may employ supervisors who shall be employed under	3559
written contracts of employment for terms not to exceed five years	3560
each. Such contracts may be terminated by a governing board	3561
pursuant to section 3319.16 of the Revised Code. Any supervisor	3562
employed pursuant to this division may terminate the contract of	3563
employment at the end of any school year after giving the board at	3564
least thirty days' written notice prior to such termination. On	3565
the recommendation of the superintendent the contract or contracts	3566
of any supervisor employed pursuant to this division may be	3567
suspended for the remainder of the term of any such contract	3568
pursuant to section 3319.17 or 3319.171 of the Revised Code.	3569

(F) A board may establish vacation leave for any individuals	3570
employed under this section. Upon such an individual's separation	3571
from employment, a board that has such leave may compensate such	3572
an individual at the individual's current rate of pay for all	3573
lawfully accrued and unused vacation leave credited at the time of	3574
separation, not to exceed the amount accrued within three years	3575
before the date of separation. In case of the death of an	3576
individual employed under this section, such unused vacation leave	3577
as the board would have paid to the individual upon separation	3578
under this section shall be paid in accordance with section	3579
2113.04 of the Revised Code, or to the estate.	3580

(G) The board of education of any school district may	3581
contract with the governing board of the educational service	3582
center from which it otherwise receives services to conduct	3583
searches and recruitment of candidates for assistant	3584
superintendent, principal, assistant principal, and other	3585
administrator positions authorized under this section.	3586

Sec. 3319.071. The board of education of any school district	3587
may, by resolution, establish a professional development program	3588
for teachers in accordance with which it may reimburse teachers	3589
employed by the district for all or any part of the cost incurred	3590
by the teacher in the successful completion of a course or	3591
training program in which the teacher enrolled as part of the	3592
development program. The terms and conditions for participation	3593
shall be determined by the board and shall be included in the	3594
resolution establishing the program.	3595

No teacher shall be required to participate in a professional	3596
development program under this section. When a teacher is	3597
participating in such a program, such participation does not	3598
constitute the performance of duties by such teacher in addition	3599
to the teacher's regular teaching duties and is not subject to	3600
section 3311.77 or 3319.08 of the Revised Code.	3601

As used in this section, "teacher" has the meaning contained	3602
in division (A) of section 3319.09 of the Revised Code.	3603

Sec. 3319.10. Teachers may be employed as substitute	3604
teachers for terms not to exceed one year for assignment as	3605
services are needed to take the place of regular teachers absent	3606
on account of illness or on leaves of absence or to fill	3607
temporarily positions created by emergencies; such assignment to	3608
be subject to termination when such services no longer are needed.	3609

A teacher employed as a substitute with an assignment to one	3610
specific teaching position shall after sixty days of service be	3611
granted sick leave, visiting days, and other local privileges	3612
granted to regular teachers including a salary not less than the	3613
minimum salary on the current adopted salary schedule.	3614

A teacher employed as a substitute for one hundred twenty	3615
days or more during a school year and re-employed for or assigned	3616
to a specific teaching position for the succeeding year shall	3617
receive a contract as a regular teacher if the substitute meets	3618
the local educational requirements for the employment of regular	3619
teachers.	3620

Teachers employed as substitutes on a casual or day-to-day	3621
basis shall not be entitled to the notice of nonre-employment	3622
prescribed in section 3311.81 or 3319.11 of the Revised Code, but	3623
boards of education may grant such teachers sick leave and other	3624
local privileges and cumulate such service in determining	3625
seniority.	3626

For purposes of determining in any school year the days of	3627
service of a substitute teacher under this section, any teacher's	3628
days of service in that school year while conditionally employed	3629
as a substitute teacher under section 3319.101 of the Revised Code	3630
shall count as days of service as a substitute teacher under this	3631
section.	3632

Sec. 3319.112. (A) Not later than December 31, 2011, the	3633
state board of education shall develop a standards-based state	3634
framework for the evaluation of teachers. The framework shall	3635
establish an evaluation system that does the following:	3636

(1) Provides for multiple evaluation factors, including	3637
student academic growth which shall account for fifty per cent of	3638
each evaluation;	3639

(2) Is aligned with the standards for teachers adopted under	3640
section 3319.61 of the Revised Code;	3641

(3) Requires observation of the teacher being evaluated,	3642
including at least two formal observations by the evaluator of at	3643
least thirty minutes each and classroom walk-throughs;	3644

(4) Assigns a rating on each evaluation in accordance with	3645
division (B) of this section;	3646

(5) Requires each teacher to be provided with a written	3647
report of the results of the teacher's evaluation;	3648

(6) Identifies measures of student academic growth for grade	3649
levels and subjects for which the value-added progress dimension	3650
prescribed by section 3302.021 of the Revised Code does not apply;	3651

(7) Implements a classroom-level, value-added program	3652
developed by a nonprofit organization described in division (B) of	3653
section 3302.021 of the Revised Code;	3654

(8) Provides for professional development to accelerate and	3655
continue teacher growth and provide support to poorly performing	3656
teachers;	3657

(9) Provides for the allocation of financial resources to	3658
support professional development.	3659

(B) For purposes of the framework developed under this	3660
section, the state board also shall do the following:	3661

(1) Develop specific standards and criteria that distinguish	3662
between the following levels of performance for teachers and	3663
principals for the purpose of assigning ratings on the evaluations	3664
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	3665
of the Revised Code:	3666

(a) Accomplished;

3667

(b) Proficient;

3668

3669

(d) Ineffective.

3670

(2) For grade levels and subjects for which the assessments	3671
prescribed under sections 3301.0710 and 3301.0712 of the Revised	3672
Code and the value-added progress dimension prescribed by section	3673
3302.021 of the Revised Code do not apply, develop a list of	3674
student assessments that measure mastery of the course content for	3675
the appropriate grade level, which may include nationally normed	3676
standardized assessments, industry certification examinations, or	3677
end-of-course examinations.	3678

(C) The state board shall consult with experts, teachers and	3679
principals employed in public schools, and representatives of	3680
stakeholder groups in developing the standards and criteria	3681
required by division (B)(1) of this section.	3682

(D) To assist school districts in developing evaluation	3683
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	3684
the Revised Code, the department shall do both of the following:	3685

(1) Serve as a clearinghouse of promising evaluation	3686
procedures and evaluation models that districts may use;	3687

(2) Provide technical assistance to districts in creating	3688
evaluation policies.	3689

Sec. 3319.12. Each board of education shall cause notice to	3690
be given annually not later than the first day of July to each	3691
teacher who holds a contract valid for the succeeding school year,	3692
as to the salary to be paid such teacher during such year. Such	3693
salary shall not be lower than the salary paid during the	3694
preceding school year unless such reduction is a part of a uniform	3695
plan affecting the entire district. This section does not prevent	3696
increases of salary after the board's annual notice has been	3697
given.	3698

Except by mutual agreement of the parties thereto a teacher	3699
employed under a contract of employment in an administrative, or	3700
supervisory position in a school district, or in any position	3701
provided for by section 3319.01 or 3319.02 of the Revised Code,	3702
shall not be transferred during the life of ~~his~~the teacher's	3703
contract to a position of lesser responsibility. No contract or	3704
supplemental contract for the employment of a teacher, whether for	3705
an administrative or supervisory position, a position provided for	3706
by sections 3319.01 and 3319.02 of the Revised Code, regular	3707
teaching duties, or additional duties, may be terminated or	3708
suspended by a board of education except pursuant to section	3709
3311.82, 3319.02, or 3319.16 of the Revised Code, and the salaries	3710
and compensations prescribed by such contracts shall not be	3711
reduced by a board of education unless such reduction is a part of	3712
a uniform plan affecting the entire district. This section shall	3713
apply only to contracts entered into after August 18, 1969.	3714

Sec. 3319.13. Upon the written request of a teacher or a	3715
regular nonteaching school employee, a board of education may	3716
grant a leave of absence for a period of not more than two	3717
consecutive school years for educational, professional, or other	3718
purposes, and shall grant such leave where illness or other	3719
disability is the reason for the request. Upon subsequent request,	3720
such leave may be renewed by the board. Without request, a board	3721
may grant similar leave of absence and renewals thereof to any	3722
teacher or regular nonteaching school employee because of physical	3723
or mental disability, but such teacher may have a hearing on such	3724
unrequested leave of absence or its renewals in accordance with	3725
section 3311.82 or 3319.16 of the Revised Code, and such	3726
nonteaching school employee may have a hearing on such unrequested	3727
leave of absence or its renewals in accordance with division (C)	3728
of section 3319.081 of the Revised Code. Upon the return to	3729
service of a teacher or a nonteaching school employee at the	3730
expiration of a leave of absence, the teacher or nonteaching	3731
school employee shall resume the contract status that the teacher	3732
or nonteaching school employee held prior to the leave of absence.	3733
Any teacher who leaves a teaching position for service in the	3734
uniformed services and who returns from service in the uniformed	3735
services that is terminated in a manner other than as described in	3736
section 4304 of Title 38 of the United States Code, "Uniformed	3737
Services Employment and Reemployment Rights Act of 1994," 108	3738
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status	3739
held prior to entering the uniformed services, subject to passing	3740
a physical examination by an individual authorized by the Revised	3741
Code to conduct physical examinations, including a physician	3742
assistant, a clinical nurse specialist, a certified nurse	3743
practitioner, or a certified nurse-midwife. Any written	3744
documentation of the physical examination shall be completed by	3745
the individual who conducted the examination. Such contract status	3746
shall be resumed at the first of the school semester or the	3747
beginning of the school year following return from the uniformed	3748
services. For purposes of this section and section 3319.14 of the	3749
Revised Code, "uniformed services" and "service in the uniformed	3750
services" have the same meanings as defined in section 5923.05 of	3751
the Revised Code.	3752

Upon the return of a nonteaching school employee from a leave	3753
of absence, the board may terminate the employment of a person	3754
hired exclusively for the purpose of replacing the returning	3755
employee while the returning employee was on leave. If, after the	3756
return of a nonteaching employee from leave, the person employed	3757
exclusively for the purpose of replacing an employee while the	3758
employee was on leave is continued in employment as a regular	3759
nonteaching school employee or if the person is hired by the board	3760
as a regular nonteaching school employee within a year after	3761
employment as a replacement is terminated, the person shall, for	3762
purposes of section 3319.081 of the Revised Code, receive credit	3763
for the person's length of service with the school district during	3764
such replacement period in the following manner:	3765

(A) If employed as a replacement for less than twelve months,	3766
the person shall be employed under a contract valid for a period	3767
equal to twelve months less the number of months employed as a	3768
replacement. At the end of such contract period, if the person is	3769
reemployed it shall be under a two-year contract. Subsequent	3770
reemployment shall be pursuant to division (B) of section 3319.081	3771
of the Revised Code.	3772

(B) If employed as a replacement for twelve months or more	3773
but less than twenty-four months, the person shall be employed	3774
under a contract valid for a period equal to twenty-four months	3775
less the number of months employed as a replacement. Subsequent	3776
reemployment shall be pursuant to division (B) of section 3319.081	3777
of the Revised Code.	3778

(C) If employed as a replacement for more than twenty-four	3779
months, the person shall be employed pursuant to division (B) of	3780
section 3319.081 of the Revised Code.	3781

For purposes of this section, employment during any part of a	3782
month shall count as employment during the entire month.	3783

Sec. 3319.14. Any teacher who has left, or leaves, a	3784
teaching position, by resignation or otherwise, and within forty	3785
school days thereafter entered, or enters, the uniformed services	3786
and whose service is terminated in a manner other than as	3787
described in section 4304 of Title 38 of the United States Code,	3788
"Uniformed Services Employment and Reemployment Rights Act of	3789
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by	3790
the board of education of the district in which the teacher held	3791
such teaching position, under the same type of contract as that	3792
which the teacher last held in such district, if the teacher	3793
applies to the board of education for reemployment in accordance	3794
with the "Uniformed Services Employment and Reemployment Rights	3795
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such	3796
application, the teacher shall be reemployed at the first of the	3797
next school semester, if the application is made not less than	3798
thirty days prior to the first of the next school semester, in	3799
which case the teacher shall be reemployed the first of the	3800
following school semester, unless the board of education waives	3801
the requirement for the thirty-day period.	3802

For the purposes of seniority and placement on the salary	3803
schedule, years of absence performing service in the uniformed	3804
services shall be counted as though teaching service had been	3805
performed during such time.	3806

The board of education of the district in which such teacher	3807
was employed and is reemployed under this section may suspend the	3808
contract of the teacher whose services become unnecessary by	3809
reason of the return of a teacher from service in the uniformed	3810
services in accordance with section 3311.83, 3319.17, or 3319.171	3811
of the Revised Code.	3812

Sec. 3319.141. Each person who is employed by any board of	3813
education in this state, except for substitutes, adult education	3814
instructors who are scheduled to work the full-time equivalent of	3815
less than one hundred twenty days per school year, or persons who	3816
are employed on an as-needed, seasonal, or intermittent basis,	3817
shall be entitled to fifteen days sick leave with pay, for each	3818
year under contract, which shall be credited at the rate of one	3819
and one-fourth days per month. Teachers and regular nonteaching	3820
school employees, upon approval of the responsible administrative	3821
officer of the school district, may use sick leave for absence due	3822
to personal illness, pregnancy, injury, exposure to contagious	3823
disease which could be communicated to others, and for absence due	3824
to illness, injury, or death in the employee's immediate family.	3825
Unused sick leave shall be cumulative up to one hundred twenty	3826
work days, unless more than one hundred twenty days are approved	3827
by the employing board of education. The previously accumulated	3828
sick leave of a person who has been separated from public service,	3829
whether accumulated pursuant to section 124.38 of the Revised Code	3830
or pursuant to this section, shall be placed to the person's	3831
credit upon re-employment in the public service, provided that	3832
such re-employment takes place within ten years of the date of the	3833
last termination from public service. A teacher or nonteaching	3834
school employee who transfers from one public agency to another	3835
shall be credited with the unused balance of the teacher's or	3836
nonteaching employee's accumulated sick leave up to the maximum of	3837
the sick leave accumulation permitted in the public agency to	3838
which the employee transfers. Teachers and nonteaching school	3839
employees who render regular part-time, per diem, or hourly	3840
service shall be entitled to sick leave for the time actually	3841
worked at the same rate as that granted like full-time employees,	3842
calculated in the same manner as the ratio of sick leave granted	3843
to hours of service established by section 124.38 of the Revised	3844
Code. Each board of education may establish regulations for the	3845
entitlement, crediting and use of sick leave by those substitute	3846
teachers employed by such board pursuant to section 3319.10 of the	3847
Revised Code who are not otherwise entitled to sick leave pursuant	3848
to such section. A board of education shall require a teacher or	3849
nonteaching school employee to furnish a written, signed statement	3850
on forms prescribed by such board to justify the use of sick	3851
leave. If medical attention is required, the employee's statement	3852
shall list the name and address of the attending physician and the	3853
dates when the physician was consulted. Nothing in this section	3854
shall be construed to waive the physician-patient privilege	3855
provided by section 2317.02 of the Revised Code. Falsification of	3856
a statement is grounds for suspension or termination of employment	3857
under sections 3311.82, 3319.081, and 3319.16 of the Revised Code.	3858
No sick leave shall be granted or credited to a teacher after the	3859
teacher's retirement or termination of employment.	3860

Except to the extent used as sick leave, leave granted under	3861
regulations adopted by a board of education pursuant to section	3862
3311.77 or 3319.08 of the Revised Code shall not be charged	3863
against sick leave earned or earnable under this section. Nothing	3864
in this section shall be construed to affect in any other way the	3865
granting of leave pursuant to section 3311.77 or 3319.08 of the	3866
Revised Code and any granting of sick leave pursuant to such	3867
section shall be charged against sick leave accumulated pursuant	3868
to this section.	3869

This section shall not be construed to interfere with any	3870
unused sick leave credit in any agency of government where	3871
attendance records are maintained and credit has been given for	3872
unused sick leave. Unused sick leave accumulated by teachers and	3873
nonteaching school employees under section 124.38 of the Revised	3874
Code shall continue to be credited toward the maximum accumulation	3875
permitted in accordance with this section. Each newly hired	3876
regular nonteaching and each regular nonteaching employee of any	3877
board of education who has exhausted the employee's accumulated	3878
sick leave shall be entitled to an advancement of not less than	3879
five days of sick leave each year, as authorized by rules which	3880
each board shall adopt, to be charged against the sick leave the	3881
employee subsequently accumulates under this section.	3882

This section shall be uniformly administered.

3883

Sec. 3319.143. Notwithstanding section 3319.141 of the	3884
Revised Code, the board of education of a city, exempted village,	3885
local or joint vocational school district may adopt a policy of	3886
assault leave by which an employee who is absent due to physical	3887
disability resulting from an assault which occurs in the course of	3888
board employment will be maintained on full pay status during the	3889
period of such absence. A board of education electing to effect	3890
such a policy of assault leave shall establish rules for the	3891
entitlement, crediting, and use of assault leave and file a copy	3892
of same with the state board of education. A board of education	3893
adopting this policy shall require an employee to furnish a signed	3894
statement on forms prescribed by such board to justify the use of	3895
assault leave. If medical attention is required, a certificate	3896
from a licensed physician stating the nature of the disability and	3897
its duration shall be required before assault leave can be	3898
approved for payment. Falsification of either a signed statement	3899
or a physician's certificate is ground for suspension or	3900
termination of employment under section 3311.82 or 3319.16 of the	3901
Revised Code.	3902

Assault leave granted under rules adopted by a board of	3903
education pursuant to this section shall not be charged against	3904
sick leave earned or earnable under section 3319.141 of the	3905
Revised Code or leave granted under rules adopted by a board of	3906
education pursuant to section 3311.77 or 3319.08 of the Revised	3907
Code. This section shall be uniformly administered in those	3908
districts where such policy is adopted.	3909

Sec. 3319.151. (A) No person shall reveal to any student any	3910
specific question that the person knows is part of an assessment	3911
to be administered under section 3301.0711 of the Revised Code or	3912
in any other way assist a pupil to cheat on such an assessment.	3913

(B) On a finding by the state board of education, after	3914
investigation, that a school employee who holds a license issued	3915
under sections 3319.22 to 3319.31 of the Revised Code has violated	3916
division (A) of this section, the license of such teacher shall be	3917
suspended for one year. Prior to commencing an investigation, the	3918
board shall give the teacher notice of the allegation and an	3919
opportunity to respond and present a defense.	3920

(C)(1) Violation of division (A) of this section is grounds	3921
for termination of employment of a nonteaching employee under	3922
division (C) of section 3319.081 or section 124.34 of the Revised	3923
Code.	3924

(2) Violation of division (A) of this section is grounds for	3925
termination of a teacher contract under section 3311.82 or 3319.16	3926
of the Revised Code.	3927

Sec. 3319.18. If an entire school district or that part of a	3928
school district which comprises the territory in which a school is	3929
situated is transferred to any other district, or if a new school	3930
district is created, the teachers in such districts or schools	3931
employed on continuing contracts immediately prior to such	3932
transfer, or creation shall, subject to section 3311.83, 3319.17,	3933
or 3319.171 of the Revised Code, have continuing service status in	3934
the newly created district, or in the district to which the	3935
territory is transferred.	3936

The limited contracts of the teachers employed in such	3937
districts or schools immediately prior to such transfer, or	3938
creation, shall become the legal obligations of the board of	3939
education in the newly created district, or in the district to	3940
which the territory is transferred, subject to section 3311.83,	3941
3319.17, or 3319.171 of the Revised Code. The teaching experience	3942
of such teachers in such prior districts or schools shall be	3943
included in the three years of service required under section	3944
3319.11 of the Revised Code for a teacher to become eligible for	3945
continuing service status.	3946

Teachers employed on limited or continuing contracts in an	3947
entire school district or that part of a school district which	3948
comprises the territory in which a school is situated which is	3949
transferred to any other district or which is merged with other	3950
school territory to create a new school district, shall be placed,	3951
on the effective date of such transfer or merger, on the salary	3952
schedule of the district to which the territory is transferred or	3953
the newly created district, according to their training and	3954
experience. Such experience shall be the total sum of the years	3955
taught in the district whose territory was transferred or merged	3956
to create a new district, plus the total number of years of	3957
teaching experience recognized by such previous district upon its	3958
first employment of such teachers.	3959

The placement of the teachers on the salary schedule,	3960
pursuant to this section, shall not result, however, in the salary	3961
of any teacher being less than the teacher's current annual salary	3962
for regular duties, in existence immediately prior to the merger	3963
or transfer.	3964

When suspending contracts in accordance with an	3965
administrative personnel suspension policy adopted under section	3966
3319.171 of the Revised Code, a board may consider years of	3967
teaching service in the previous district in its decision if it is	3968
a part of the suspension policy.	3969

Sec. 3319.283. (A) The board of education of any school	3970
district may employ an individual who is not certificated or	3971
licensed as required by Chapter 3319. of the Revised Code, but who	3972
meets the following qualifications, as a teacher in the schools of	3973
the district:	3974

(1) The individual is a veteran of the armed forces of the	3975
United States and was honorably discharged within three years of	3976
June 30, 1997;	3977

(2) While in the armed forces the individual had meaningful	3978
teaching or other instructional experience;	3979

(3) The individual holds at least a baccalaureate degree.

3980

(B) An individual employed under this section shall be deemed	3981
to hold a teaching certificate or educator license for the	3982
purposes of state and federal law and rules and regulations and	3983
school district policies, rules, and regulations. However, an	3984
individual employed under this section is not a highly qualified	3985
teacher for purposes of the school district's compliance with	3986
section 3319.074 of the Revised Code. Each individual employed	3987
under this section shall meet the requirement to successfully	3988
complete fifteen hours, or the equivalent, of coursework every	3989
five years that is approved by the local professional development	3990
committee as is required of other teachers licensed in accordance	3991
with Chapter 3319. of the Revised Code.	3992

(C) The superintendent of public instruction may revoke the	3993
right of an individual employed under division (A) of this section	3994
to teach if, after an investigation and an adjudication conducted	3995
pursuant to Chapter 119. of the Revised Code, the superintendent	3996
finds that the person is not competent to teach the subject the	3997
person has been employed to teach or did not fulfill the	3998
requirements of division (A) of this section. No individual whose	3999
right to teach has been revoked under this division shall teach in	4000
a public school, and no board of education may engage such an	4001
individual to teach in the schools of its district.	4002

Notwithstanding division (B) of this section, a board of	4003
education is not required to comply with the provisions of	4004
sections 3311.81, 3311.82, 3319.11, and 3319.16 of the Revised	4005
Code with regard to termination of employment if the	4006
superintendent, after an investigation and an adjudication, has	4007
revoked the individual's right to teach.	4008

Sec. 4141.29. Each eligible individual shall receive	4009
benefits as compensation for loss of remuneration due to	4010
involuntary total or partial unemployment in the amounts and	4011
subject to the conditions stipulated in this chapter.	4012

(A) No individual is entitled to a waiting period or benefits	4013
for any week unless the individual:	4014

(1) Has filed a valid application for determination of	4015
benefit rights in accordance with section 4141.28 of the Revised	4016
Code;	4017

(2) Has made a claim for benefits in accordance with section	4018
4141.28 of the Revised Code;	4019

(3) Has registered at an employment office or other	4020
registration place maintained or designated by the director of job	4021
and family services. Registration shall be made in accordance with	4022
the time limits, frequency, and manner prescribed by the director.	4023

(4)(a)(i) Is able to work and available for suitable work	4024
and, except as provided in division (A)(4)(a)(ii) of this section,	4025
is actively seeking suitable work either in a locality in which	4026
the individual has earned wages subject to this chapter during the	4027
individual's base period, or if the individual leaves that	4028
locality, then in a locality where suitable work normally is	4029
performed.	4030

(ii) The director may waive the requirement that a claimant	4031
be actively seeking work when the director finds that the	4032
individual has been laid off and the employer who laid the	4033
individual off has notified the director within ten days after the	4034
layoff, that work is expected to be available for the individual	4035
within a specified number of days not to exceed forty-five	4036
calendar days following the last day the individual worked. In the	4037
event the individual is not recalled within the specified period,	4038
this waiver shall cease to be operative with respect to that	4039
layoff.	4040

(b) The individual shall be instructed as to the efforts that	4041
the individual must make in the search for suitable work, except	4042
where the active search for work requirement has been waived under	4043
division (A)(4)(a) of this section, and shall keep a record of	4044
where and when the individual has sought work in complying with	4045
those instructions and, upon request, shall produce that record	4046
for examination by the director.	4047

(c) An individual who is attending a training course approved	4048
by the director meets the requirement of this division, if	4049
attendance was recommended by the director and the individual is	4050
regularly attending the course and is making satisfactory	4051
progress. An individual also meets the requirements of this	4052
division if the individual is participating and advancing in a	4053
training program, as defined in division (P) of section 5709.61 of	4054
the Revised Code, and if an enterprise, defined in division (B) of	4055
section 5709.61 of the Revised Code, is paying all or part of the	4056
cost of the individual's participation in the training program	4057
with the intention of hiring the individual for employment as a	4058
new employee, as defined in division (L) of section 5709.61 of the	4059
Revised Code, for at least ninety days after the individual's	4060
completion of the training program.	4061

(d) An individual who becomes unemployed while attending a	4062
regularly established school and whose base period qualifying	4063
weeks were earned in whole or in part while attending that school,	4064
meets the availability and active search for work requirements of	4065
division (A)(4)(a) of this section if the individual regularly	4066
attends the school during weeks with respect to which the	4067
individual claims unemployment benefits and makes self available	4068
on any shift of hours for suitable employment with the	4069
individual's most recent employer or any other employer in the	4070
individual's base period, or for any other suitable employment to	4071
which the individual is directed, under this chapter.	4072

(e) The director shall adopt any rules that the director	4073
deems necessary for the administration of division (A)(4) of this	4074
section.	4075

(f) Notwithstanding any other provisions of this section, no	4076
otherwise eligible individual shall be denied benefits for any	4077
week because the individual is in training approved under section	4078
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	4079
2296, nor shall that individual be denied benefits by reason of	4080
leaving work to enter such training, provided the work left is not	4081
suitable employment, or because of the application to any week in	4082
training of provisions in this chapter, or any applicable federal	4083
unemployment compensation law, relating to availability for work,	4084
active search for work, or refusal to accept work.	4085

For the purposes of division (A)(4)(f) of this section,	4086
"suitable employment" means with respect to an individual, work of	4087
a substantially equal or higher skill level than the individual's	4088
past adversely affected employment, as defined for the purposes of	4089
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	4090
wages for such work at not less than eighty per cent of the	4091
individual's average weekly wage as determined for the purposes of	4092
that federal act.	4093

(5) Is unable to obtain suitable work. An individual who is	4094
provided temporary work assignments by the individual's employer	4095
under agreed terms and conditions of employment, and who is	4096
required pursuant to those terms and conditions to inquire with	4097
the individual's employer for available work assignments upon the	4098
conclusion of each work assignment, is not considered unable to	4099
obtain suitable employment if suitable work assignments are	4100
available with the employer but the individual fails to contact	4101
the employer to inquire about work assignments.	4102

(6) Participates in reemployment services, such as job search	4103
assistance services, if the individual has been determined to be	4104
likely to exhaust benefits under this chapter, including	4105
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	4106
extended compensation, and needs reemployment services pursuant to	4107
the profiling system established by the director under division	4108
(K) of this section, unless the director determines that:	4109

(a) The individual has completed such services; or

4110

(b) There is justifiable cause for the claimant's failure to	4111
participate in such services.	4112

(B) An individual suffering total or partial unemployment is	4113
eligible for benefits for unemployment occurring subsequent to a	4114
waiting period of one week and no benefits shall be payable during	4115
this required waiting period. Not more than one week of waiting	4116
period shall be required of any individual in any benefit year in	4117
order to establish the individual's eligibility for total or	4118
partial unemployment benefits.	4119

(C) The waiting period for total or partial unemployment	4120
shall commence on the first day of the first week with respect to	4121
which the individual first files a claim for benefits at an	4122
employment office or other place of registration maintained or	4123
designated by the director or on the first day of the first week	4124
with respect to which the individual has otherwise filed a claim	4125
for benefits in accordance with the rules of the department of job	4126
and family services, provided such claim is allowed by the	4127
director.	4128

(D) Notwithstanding division (A) of this section, no	4129
individual may serve a waiting period or be paid benefits under	4130
the following conditions:	4131

(1) For any week with respect to which the director finds	4132
that:	4133

(a) The individual's unemployment was due to a labor dispute	4134
other than a lockout at any factory, establishment, or other	4135
premises located in this or any other state and owned or operated	4136
by the employer by which the individual is or was last employed;	4137
and for so long as the individual's unemployment is due to such	4138
labor dispute. No individual shall be disqualified under this	4139
provision if either of the following applies:	4140

(i) The individual's employment was with such employer at any	4141
factory, establishment, or premises located in this state, owned	4142
or operated by such employer, other than the factory,	4143
establishment, or premises at which the labor dispute exists, if	4144
it is shown that the individual is not financing, participating	4145
in, or directly interested in such labor dispute;	4146

(ii) The individual's employment was with an employer not	4147
involved in the labor dispute but whose place of business was	4148
located within the same premises as the employer engaged in the	4149
dispute, unless the individual's employer is a wholly owned	4150
subsidiary of the employer engaged in the dispute, or unless the	4151
individual actively participates in or voluntarily stops work	4152
because of such dispute. If it is established that the claimant	4153
was laid off for an indefinite period and not recalled to work	4154
prior to the dispute, or was separated by the employer prior to	4155
the dispute for reasons other than the labor dispute, or that the	4156
individual obtained a bona fide job with another employer while	4157
the dispute was still in progress, such labor dispute shall not	4158
render the employee ineligible for benefits.	4159

(b) The individual has been given a disciplinary layoff for	4160
misconduct in connection with the individual's work.	4161

(2) For the duration of the individual's unemployment if the	4162
director finds that:	4163

(a) The individual quit work without just cause or has been	4164
discharged for just cause in connection with the individual's	4165
work, provided division (D)(2) of this section does not apply to	4166
the separation of a person under any of the following	4167
circumstances:	4168

(i) Separation from employment for the purpose of entering	4169
the armed forces of the United States if the individual is	4170
inducted into the armed forces within one of the following	4171
periods:	4172

(I) Thirty days after separation;

4173

(II) One hundred eighty days after separation if the	4174
individual's date of induction is delayed solely at the discretion	4175
of the armed forces.	4176

(ii) Separation from employment pursuant to a	4177
labor-management contract or agreement, or pursuant to an	4178
established employer plan, program, or policy, which permits the	4179
employee, because of lack of work, to accept a separation from	4180
employment;	4181

(iii) The individual has left employment to accept a recall	4182
from a prior employer or, except as provided in division	4183
(D)(2)(a)(iv) of this section, to accept other employment as	4184
provided under section 4141.291 of the Revised Code, or left or	4185
was separated from employment that was concurrent employment at	4186
the time of the most recent separation or within six weeks prior	4187
to the most recent separation where the remuneration, hours, or	4188
other conditions of such concurrent employment were substantially	4189
less favorable than the individual's most recent employment and	4190
where such employment, if offered as new work, would be considered	4191
not suitable under the provisions of divisions (E) and (F) of this	4192
section. Any benefits that would otherwise be chargeable to the	4193
account of the employer from whom an individual has left	4194
employment or was separated from employment that was concurrent	4195
employment under conditions described in division (D)(2)(a)(iii)	4196
of this section, shall instead be charged to the mutualized	4197
account created by division (B) of section 4141.25 of the Revised	4198
Code, except that any benefits chargeable to the account of a	4199
reimbursing employer under division (D)(2)(a)(iii) of this section	4200
shall be charged to the account of the reimbursing employer and	4201
not to the mutualized account, except as provided in division	4202
(D)(2) of section 4141.24 of the Revised Code.	4203

(iv) When an individual has been issued a definite layoff	4204
date by the individual's employer and before the layoff date, the	4205
individual quits to accept other employment, the provisions of	4206
division (D)(2)(a)(iii) of this section apply and no	4207
disqualification shall be imposed under division (D) of this	4208
section. However, if the individual fails to meet the employment	4209
and earnings requirements of division (A)(2) of section 4141.291	4210
of the Revised Code, then the individual, pursuant to division	4211
(A)(5) of this section, shall be ineligible for benefits for any	4212
week of unemployment that occurs prior to the layoff date.	4213

(b) The individual has refused without good cause to accept	4214
an offer of suitable work when made by an employer either in	4215
person or to the individual's last known address, or has refused	4216
or failed to investigate a referral to suitable work when directed	4217
to do so by a local employment office of this state or another	4218
state, provided that this division shall not cause a	4219
disqualification for a waiting week or benefits under the	4220
following circumstances:	4221

(i) When work is offered by the individual's employer and the	4222
individual is not required to accept the offer pursuant to the	4223
terms of the labor-management contract or agreement; or	4224

(ii) When the individual is attending a training course	4225
pursuant to division (A)(4) of this section except, in the event	4226
of a refusal to accept an offer of suitable work or a refusal or	4227
failure to investigate a referral, benefits thereafter paid to	4228
such individual shall not be charged to the account of any	4229
employer and, except as provided in division (B)(1)(b) of section	4230
4141.241 of the Revised Code, shall be charged to the mutualized	4231
account as provided in division (B) of section 4141.25 of the	4232
Revised Code.	4233

(c) Such individual quit work to marry or because of marital,	4234
parental, filial, or other domestic obligations.	4235

(d) The individual became unemployed by reason of commitment	4236
to any correctional institution.	4237

(e) The individual became unemployed because of dishonesty in	4238
connection with the individual's most recent or any base period	4239
work. Remuneration earned in such work shall be excluded from the	4240
individual's total base period remuneration and qualifying weeks	4241
that otherwise would be credited to the individual for such work	4242
in the individual's base period shall not be credited for the	4243
purpose of determining the total benefits to which the individual	4244
is eligible and the weekly benefit amount to be paid under section	4245
4141.30 of the Revised Code. Such excluded remuneration and	4246
noncredited qualifying weeks shall be excluded from the	4247
calculation of the maximum amount to be charged, under division	4248
(D) of section 4141.24 and section 4141.33 of the Revised Code,	4249
against the accounts of the individual's base period employers. In	4250
addition, no benefits shall thereafter be paid to the individual	4251
based upon such excluded remuneration or noncredited qualifying	4252
weeks.	4253

For purposes of division (D)(2)(e) of this section,	4254
"dishonesty" means the commission of substantive theft, fraud, or	4255
deceitful acts.	4256

(E) No individual otherwise qualified to receive benefits	4257
shall lose the right to benefits by reason of a refusal to accept	4258
new work if:	4259

(1) As a condition of being so employed the individual would	4260
be required to join a company union, or to resign from or refrain	4261
from joining any bona fide labor organization, or would be denied	4262
the right to retain membership in and observe the lawful rules of	4263
any such organization.	4264

(2) The position offered is vacant due directly to a strike,	4265
lockout, or other labor dispute.	4266

(3) The work is at an unreasonable distance from the	4267
individual's residence, having regard to the character of the work	4268
the individual has been accustomed to do, and travel to the place	4269
of work involves expenses substantially greater than that required	4270
for the individual's former work, unless the expense is provided	4271
for.	4272

(4) The remuneration, hours, or other conditions of the work	4273
offered are substantially less favorable to the individual than	4274
those prevailing for similar work in the locality.	4275

(F) Subject to the special exceptions contained in division	4276
(A)(4)(f) of this section and section 4141.301 of the Revised	4277
Code, in determining whether any work is suitable for a claimant	4278
in the administration of this chapter, the director, in addition	4279
to the determination required under division (E) of this section,	4280
shall consider the degree of risk to the claimant's health,	4281
safety, and morals, the individual's physical fitness for the	4282
work, the individual's prior training and experience, the length	4283
of the individual's unemployment, the distance of the available	4284
work from the individual's residence, and the individual's	4285
prospects for obtaining local work.	4286

(G) The "duration of unemployment" as used in this section	4287
means the full period of unemployment next ensuing after a	4288
separation from any base period or subsequent work and until an	4289
individual has become reemployed in employment subject to this	4290
chapter, or the unemployment compensation act of another state, or	4291
of the United States, and until such individual has worked six	4292
weeks and for those weeks has earned or been paid remuneration	4293
equal to six times an average weekly wage of not less than:	4294
eighty-five dollars and ten cents per week beginning on June 26,	4295
1990; and beginning on and after January 1, 1992, twenty-seven and	4296
one-half per cent of the statewide average weekly wage as computed	4297
each first day of January under division (B)(3) of section 4141.30	4298
of the Revised Code, rounded down to the nearest dollar, except	4299
for purposes of division (D)(2)(c) of this section, such term	4300
means the full period of unemployment next ensuing after a	4301
separation from such work and until such individual has become	4302
reemployed subject to the terms set forth above, and has earned	4303
wages equal to one-half of the individual's average weekly wage or	4304
sixty dollars, whichever is less.	4305

(H) If a claimant is disqualified under division (D)(2)(a),	4306
(c), or (d) of this section or found to be qualified under the	4307
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	4308
this section or division (A)(2) of section 4141.291 of the Revised	4309
Code, then benefits that may become payable to such claimant,	4310
which are chargeable to the account of the employer from whom the	4311
individual was separated under such conditions, shall be charged	4312
to the mutualized account provided in section 4141.25 of the	4313
Revised Code, provided that no charge shall be made to the	4314
mutualized account for benefits chargeable to a reimbursing	4315
employer, except as provided in division (D)(2) of section 4141.24	4316
of the Revised Code. In the case of a reimbursing employer, the	4317
director shall refund or credit to the account of the reimbursing	4318
employer any over-paid benefits that are recovered under division	4319
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	4320
other states, the United States, or Canada that are subject to	4321
agreements and arrangements that are established pursuant to	4322
section 4141.43 of the Revised Code shall be credited or	4323
reimbursed according to the agreements and arrangements to which	4324
the chargeable amounts are subject.	4325

(I)(1) Benefits based on service in employment as provided in	4326
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	4327
shall be payable in the same amount, on the same terms, and	4328
subject to the same conditions as benefits payable on the basis of	4329
other service subject to this chapter; except that after December	4330
31, 1977:	4331

(a) Benefits based on service in an instructional, research,	4332
or principal administrative capacity in an institution of higher	4333
education, as defined in division (Y) of section 4141.01 of the	4334
Revised Code; or for an educational institution as defined in	4335
division (CC) of section 4141.01 of the Revised Code, shall not be	4336
paid to any individual for any week of unemployment that begins	4337
during the period between two successive academic years or terms,	4338
or during a similar period between two regular but not successive	4339
terms or during a period of paid sabbatical leave provided for in	4340
the individual's contract, if the individual performs such	4341
services in the first of those academic years or terms and has a	4342
contract or a reasonable assurance that the individual will	4343
perform services in any such capacity for any such institution in	4344
the second of those academic years or terms.	4345

(b) Benefits based on service for an educational institution	4346
or an institution of higher education in other than an	4347
instructional, research, or principal administrative capacity,	4348
shall not be paid to any individual for any week of unemployment	4349
which begins during the period between two successive academic	4350
years or terms of the employing educational institution or	4351
institution of higher education, provided the individual performed	4352
those services for the educational institution or institution of	4353
higher education during the first such academic year or term and,	4354
there is a reasonable assurance that such individual will perform	4355
those services for any educational institution or institution of	4356
higher education in the second of such academic years or terms.	4357

If compensation is denied to any individual for any week	4358
under division (I)(1)(b) of this section and the individual was	4359
not offered an opportunity to perform those services for an	4360
institution of higher education or for an educational institution	4361
for the second of such academic years or terms, the individual is	4362
entitled to a retroactive payment of compensation for each week	4363
for which the individual timely filed a claim for compensation and	4364
for which compensation was denied solely by reason of division	4365
(I)(1)(b) of this section. An application for retroactive benefits	4366
shall be timely filed if received by the director or the	4367
director's deputy within or prior to the end of the fourth full	4368
calendar week after the end of the period for which benefits were	4369
denied because of reasonable assurance of employment. The	4370
provision for the payment of retroactive benefits under division	4371
(I)(1)(b) of this section is applicable to weeks of unemployment	4372
beginning on and after November 18, 1983. The provisions under	4373
division (I)(1)(b) of this section shall be retroactive to	4374
September 5, 1982, only if, as a condition for full tax credit	4375
against the tax imposed by the "Federal Unemployment Tax Act," 53	4376
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	4377
secretary of labor determines that retroactivity is required by	4378
federal law.	4379

(c) With respect to weeks of unemployment beginning after	4380
December 31, 1977, benefits shall be denied to any individual for	4381
any week which commences during an established and customary	4382
vacation period or holiday recess, if the individual performs any	4383
services described in divisions (I)(1)(a) and (b) of this section	4384
in the period immediately before the vacation period or holiday	4385
recess, and there is a reasonable assurance that the individual	4386
will perform any such services in the period immediately following	4387
the vacation period or holiday recess.	4388

(d) With respect to any services described in division	4389
(I)(1)(a), (b), or (c) of this section, benefits payable on the	4390
basis of services in any such capacity shall be denied as	4391
specified in division (I)(1)(a), (b), or (c) of this section to	4392
any individual who performs such services in an educational	4393
institution or institution of higher education while in the employ	4394
of an educational service agency. For this purpose, the term	4395
"educational service agency" means a governmental agency or	4396
governmental entity that is established and operated exclusively	4397
for the purpose of providing services to one or more educational	4398
institutions or one or more institutions of higher education.	4399

(e) Any individual employed by a public school district,	4400
other than a municipal school district as defined in section	4401
3311.71 of the Revised Code, or a county board of developmental	4402
disabilities shall be notified by the thirtieth day of April each	4403
year if the individual is not to be reemployed the following	4404
academic year.	4405

(2) No disqualification will be imposed, between academic	4406
years or terms or during a vacation period or holiday recess under	4407
this division, unless the director or the director's deputy has	4408
received a statement in writing from the educational institution	4409
or institution of higher education that the claimant has a	4410
contract for, or a reasonable assurance of, reemployment for the	4411
ensuing academic year or term.	4412

(3) If an individual has employment with an educational	4413
institution or an institution of higher education and employment	4414
with a noneducational employer, during the base period of the	4415
individual's benefit year, then the individual may become eligible	4416
for benefits during the between-term, or vacation or holiday	4417
recess, disqualification period, based on employment performed for	4418
the noneducational employer, provided that the employment is	4419
sufficient to qualify the individual for benefit rights separately	4420
from the benefit rights based on school employment. The weekly	4421
benefit amount and maximum benefits payable during a	4422
disqualification period shall be computed based solely on the	4423
nonschool employment.	4424

(J) Benefits shall not be paid on the basis of employment	4425
performed by an alien, unless the alien had been lawfully admitted	4426
to the United States for permanent residence at the time the	4427
services were performed, was lawfully present for purposes of	4428
performing the services, or was otherwise permanently residing in	4429
the United States under color of law at the time the services were	4430
performed, under section 212(d)(5) of the "Immigration and	4431
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	4432

(1) Any data or information required of individuals applying	4433
for benefits to determine whether benefits are not payable to them	4434
because of their alien status shall be uniformly required from all	4435
applicants for benefits.	4436

(2) In the case of an individual whose application for	4437
benefits would otherwise be approved, no determination that	4438
benefits to the individual are not payable because of the	4439
individual's alien status shall be made except upon a	4440
preponderance of the evidence that the individual had not, in	4441
fact, been lawfully admitted to the United States.	4442

(K) The director shall establish and utilize a system of	4443
profiling all new claimants under this chapter that:	4444

(1) Identifies which claimants will be likely to exhaust	4445
regular compensation and will need job search assistance services	4446
to make a successful transition to new employment;	4447

(2) Refers claimants identified pursuant to division (K)(1)	4448
of this section to reemployment services, such as job search	4449
assistance services, available under any state or federal law;	4450

(3) Collects follow-up information relating to the services	4451
received by such claimants and the employment outcomes for such	4452
claimant's subsequent to receiving such services and utilizes such	4453
information in making identifications pursuant to division (K)(1)	4454
of this section; and	4455

(4) Meets such other requirements as the United States	4456
secretary of labor determines are appropriate.	4457

Sec. 5705.192. (A) For the purposes of this section only,	4458
"taxing authority" includes a township board of park commissioners	4459
appointed under section 511.18 of the Revised Code.	4460

(B) A taxing authority may propose to replace an existing	4461
levy that the taxing authority is authorized to levy, regardless	4462
of the section of the Revised Code under which the authority is	4463
granted, except a school district emergency levy proposed pursuant	4464
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	4465
authority may propose to replace the existing levy in its entirety	4466
at the rate at which it is authorized to be levied; may propose to	4467
replace a portion of the existing levy at a lesser rate; or may	4468
propose to replace the existing levy in its entirety and increase	4469
the rate at which it is levied. If the taxing authority proposes	4470
to replace an existing levy, the proposed levy shall be called a	4471
replacement levy and shall be so designated on the ballot. Except	4472
as otherwise provided in this division, a replacement levy shall	4473
be limited to the purpose of the existing levy, and shall appear	4474
separately on the ballot from, and shall not be conjoined with,	4475
the renewal of any other existing levy. In the case of an existing	4476
school district levy imposed under section 5705.21 of the Revised	4477
Code for the purpose specified in division (F) of section 5705.19	4478
of the Revised Code, the replacement for that existing levy may be	4479
for the same purpose or for the purpose of general permanent	4480
improvements as defined in section 5705.21 of the Revised Code.	4481

The resolution proposing a replacement levy shall specify the	4482
purpose of the levy; its proposed rate expressed in mills; whether	4483
the proposed rate is the same as the rate of the existing levy, a	4484
reduction, or an increase; the extent of any reduction or increase	4485
expressed in mills; the first calendar year in which the levy will	4486
be due; and the term of the levy, expressed in years or, if	4487
applicable, that it will be levied for a continuing period of	4488
time.	4489

The sections of the Revised Code governing the maximum rate	4490
and term of the existing levy, the contents of the resolution that	4491
proposed the levy, the adoption of the resolution, the	4492
arrangements for the submission of the question of the levy, and	4493
notice of the election also govern the respective provisions of	4494
the proposal to replace the existing levy, except as provided in	4495
~~division~~divisions (B)(1) ~~or (2)~~to (3) of this section:	4496

(1) In the case of an existing school district levy imposed	4497
under section 5705.21 of the Revised Code for the purpose	4498
specified in division (F) of section 5705.19 of the Revised Code	4499
that is to be replaced by a levy for general permanent	4500
improvements, the maximum term of the replacement levy is not	4501
limited to the term of the existing levy and may be for a	4502
continuing period of time.	4503

(2) The date on which the election is held shall be as	4504
follows:	4505

(a) For the replacement of a levy with a fixed term of years,	4506
the date of the general election held during the last year the	4507
existing levy may be extended on the real and public utility	4508
property tax list and duplicate, or the date of any election held	4509
in the ensuing year;	4510

(b) For the replacement of a levy imposed for a continuing	4511
period of time, the date of any election held in any year after	4512
the year the levy to be replaced is first approved by the	4513
electors, except that only one election on the question of	4514
replacing the levy may be held during any calendar year.	4515

The failure by the electors to approve a proposal to replace	4516
a levy imposed for a continuing period of time does not terminate	4517
the existing continuing levy.	4518

(3) In the case of an existing school district levy imposed	4519
under division (B) of section 5705.21, division (C) of section	4520
5705.212, or division (J) of section 5705.218 of the Revised Code,	4521
the rates allocated to the municipal school district and to	4522
qualifying community schools each may be increased or decreased or	4523
remain the same, and the total rate may be increased, decreased,	4524
or remain the same.	4525

(C) The form of the ballot at the election on the question of	4526
a replacement levy shall be as follows:	4527

"A replacement of a tax for the benefit of .......... (name	4528
of subdivision or public library) for the purpose of ..........	4529
(the purpose stated in the resolution) at a rate not exceeding	4530
.......... mills for each one dollar of valuation, which amounts	4531
to .......... (rate expressed in dollars and cents) for each one	4532
hundred dollars in valuation, for .......... (number of years levy	4533
is to run, or that it will be levied for a continuous period of	4534
time)	4535

4536

		FOR THE TAX LEVY			4537
		AGAINST THE TAX LEVY	"		4538

4539

If the replacement levy is proposed by a municipal school	4540
district to replace an existing tax levied under division (B) of	4541
section 5705.21, division (C)(1) of section 5705.212, or division	4542
(J) of section 5705.218 of the Revised Code, the form of the	4543
ballot shall be modified by adding, after the phrase "each one	4544
dollar of valuation," the following: "(of which ...... mills is to	4545
be allocated to qualifying community schools)."	4546

If the proposal is to replace an existing levy and increase	4547
the rate of the existing levy, the form of the ballot shall be	4548
changed by adding the words ".......... mills of an existing levy	4549
and an increase of .......... mills, to constitute" after the	4550
words "a replacement of." If the proposal is to replace only a	4551
portion of an existing levy, the form of the ballot shall be	4552
changed by adding the words "a portion of an existing levy, being	4553
a reduction of .......... mills, to constitute" after the words "a	4554
replacement of." If the existing levy is imposed under division	4555
(B) of section 5705.21, division (C)(1) of section 5705.212, or	4556
division (J) of section 5705.218 of the Revised Code, the form of	4557
the ballot also shall state the portion of the total increased	4558
rate or of the total rate as reduced that is to be allocated to	4559
qualifying community schools.	4560

If the tax is to be placed on the tax list of the current tax	4561
year, the form of the ballot shall be modified by adding at the	4562
end of the form the phrase ", commencing in .......... (first year	4563
the replacement tax is to be levied), first due in calendar year	4564
.......... (first calendar year in which the tax shall be due)."	4565

The question covered by the resolution shall be submitted as	4566
a separate proposition, but may be printed on the same ballot with	4567
any other proposition submitted at the same election, other than	4568
the election of officers. More than one such question may be	4569
submitted at the same election.	4570

(D) Two existing levies, or any portion of those levies, may	4571
be combined into one replacement levy, so long as both of the	4572
existing levies are for the same purpose and either both are due	4573
to expire the same year or both are for a continuing period of	4574
time. The question of combining all or portions of the two	4575
existing levies into the replacement levy shall appear as one	4576
ballot proposition before the electors. If the electors approve	4577
the ballot proposition, all or the stated portions of the two	4578
existing levies are replaced by one replacement levy.	4579

(E) A levy approved in excess of the ten-mill limitation	4580
under this section shall be certified to the tax commissioner. In	4581
the first year of a levy approved under this section, the levy	4582
shall be extended on the tax lists after the February settlement	4583
succeeding the election at which the levy was approved. If the	4584
levy is to be placed on the tax lists of the current year, as	4585
specified in the resolution providing for its submission, the	4586
result of the election shall be certified immediately after the	4587
canvass by the board of elections to the taxing authority, which	4588
shall forthwith make the necessary levy and certify it to the	4589
county auditor, who shall extend it on the tax lists for	4590
collection. After the first year, the levy shall be included in	4591
the annual tax budget that is certified to the county budget	4592
commission.	4593

If notes are authorized to be issued in anticipation of the	4594
proceeds of the existing levy, notes may be issued in anticipation	4595
of the proceeds of the replacement levy, and such issuance is	4596
subject to the terms and limitations governing the issuance of	4597
notes in anticipation of the proceeds of the existing levy.	4598

(F) This section does not authorize a tax to be levied in any	4599
year after the year in which revenue is not needed for the purpose	4600
for which the tax is levied.	4601

Sec. 5705.21. (A) At any time, the board of education of any	4602
city, local, exempted village, cooperative education, or joint	4603
vocational school district, by a vote of two-thirds of all its	4604
members, may declare by resolution that the amount of taxes which	4605
may be raised within the ten-mill limitation by levies on the	4606
current tax duplicate will be insufficient to provide an adequate	4607
amount for the necessary requirements of the school district, that	4608
it is necessary to levy a tax in excess of such limitation for one	4609
of the purposes specified in division (A), (D), (F), (H), or (DD)	4610
of section 5705.19 of the Revised Code, for general permanent	4611
improvements, for the purpose of operating a cultural center, or	4612
for the purpose of providing education technology, and that the	4613
question of such additional tax levy shall be submitted to the	4614
electors of the school district at a special election on a day to	4615
be specified in the resolution. If the resolution states that the	4616
levy is for the purpose of operating a cultural center, the ballot	4617
shall state that the levy is "for the purpose of operating the	4618
.......... (name of cultural center)."	4619

As used in this ~~section~~division, "cultural center" means a	4620
freestanding building, separate from a public school building,	4621
that is open to the public for educational, musical, artistic, and	4622
cultural purposes; "education technology" means, but is not	4623
limited to, computer hardware, equipment, materials, and	4624
accessories, equipment used for two-way audio or video, and	4625
software; and "general permanent improvements" means permanent	4626
improvements without regard to the limitation of division (F) of	4627
section 5705.19 of the Revised Code that the improvements be a	4628
specific improvement or a class of improvements that may be	4629
included in a single bond issue.	4630

~~The submission of questions to the electors under this~~	4631
~~section is subject to the limitation on the number of election~~	4632
~~dates established by section 5705.214 of the Revised Code.~~	4633

~~(B) Such~~A resolution adopted under this division shall be	4634
confined to a single purpose and shall specify the amount of the	4635
increase in rate that it is necessary to levy, the purpose of the	4636
levy, and the number of years during which the increase in rate	4637
shall be in effect. The number of years may be any number not	4638
exceeding five or, if the levy is for current expenses of the	4639
district or for general permanent improvements, for a continuing	4640
period of time. ~~The~~	4641

(B)(1) The board of education of a municipal school district,	4642
by resolution, may declare that it is necessary to levy a tax in	4643
excess of the ten-mill limitation for the purpose of paying the	4644
current expenses of the district and of qualifying community	4645
schools and that the question of the additional tax levy shall be	4646
submitted to the electors of the school district at a special	4647
election on a day to be specified in the resolution. The	4648
resolution shall state the purpose of the levy, the rate of the	4649
tax expressed in mills per dollar of taxable value, the number of	4650
such mills to be levied for the current expenses of the qualifying	4651
community schools and the number of such mills to be levied for	4652
the current expenses of the school district, the number of years	4653
the tax will be levied, and the first year the tax will be levied.	4654
The number of years the tax may be levied may be any number not	4655
exceeding ten years, or for a continuing period of time.	4656

The levy of a tax for the current expenses of a qualifying	4657
community school under this section and the distribution of	4658
proceeds from the tax by a municipal school district to qualifying	4659
community schools is hereby determined to be a proper public	4660
purpose.	4661

(2) The form of the ballot at an election held pursuant to	4662
division (B) of this section shall be as follows:	4663

"Shall a levy be imposed by the ......... (insert the name of	4664
the municipal school district) for the purpose of current expenses	4665
of the school district and of qualifying community schools at a	4666
rate not exceeding ...... (insert the number of mills) mills for	4667
each one dollar of valuation (of which ...... (insert the number	4668
of mills to be allocated to qualifying community schools) mills is	4669
to be allocated to qualifying community schools), which amounts to	4670
....... (insert the rate expressed in dollars and cents) for each	4671
one hundred dollars of valuation, for ...... (insert the number of	4672
years the levy is to be imposed, or that it will be levied for a	4673
continuing period of time), beginning ...... (insert first year	4674
the tax is to be levied), which will first be payable in calendar	4675
year ...... (insert the first calendar year in which the tax would	4676
be payable)?	4677

		FOR THE TAX LEVY			4678
		AGAINST THE TAX LEVY	"		4679

(3) Upon each receipt of a tax distribution by the municipal	4680
school district, the board of education shall credit the portion	4681
allocated to qualifying community schools to the qualifying	4682
community schools fund. All income from the investment of money in	4683
the qualifying community schools fund shall be credited to that	4684
fund.	4685

Not more than forty-five days after the municipal school	4686
district receives and deposits each tax distribution, the board of	4687
education shall distribute the qualifying community schools amount	4688
among the qualifying community schools then eligible to receive	4689
funds under this section. From each tax distribution, each such	4690
qualifying community school shall receive a portion of the	4691
qualifying community schools amount in the proportion that the	4692
number of its resident students bears to the aggregate number of	4693
resident students of all such qualifying community schools as of	4694
the receipt and deposit of the tax distribution. For the purposes	4695
of this division, the number of resident students shall be the	4696
number of such students reported under section 3317.03 of the	4697
Revised Code and established by the department of education as of	4698
the receipt and deposit of the tax distribution.	4699

(4) The board of education of the municipal school district	4700
shall certify to the department of education each agreement	4701
between the board and a qualifying community school referred to in	4702
division (B)(6)(b) of this section, along with the determination	4703
that such agreement satisfies the requirements of that division.	4704
The board's determination is conclusive.	4705

(5) For the purposes of Chapter 3317. of the Revised Code or	4706
other laws referring to the "taxes charged and payable" for a	4707
school district, the taxes charged and payable for a municipal	4708
school district that levies a tax under division (B) of this	4709
section includes only the taxes charged and payable under that	4710
levy for the current expenses of the school district, and does not	4711
include the taxes charged and payable for the current expenses of	4712
qualifying community schools. The taxes charged and payable for	4713
the current expenses of qualifying community schools shall not	4714
affect the calculation of "state education aid" as defined in	4715
section 5751.20 of the Revised Code.	4716

(6) As used in division (B) of this section:

4717

(a) "Municipal school district" has the same meaning as in	4718
section 3311.71 of the Revised Code.	4719

(b) "Qualifying community school" means a community school	4720
established under Chapter 3314. of the Revised Code that is	4721
located within the territory of the municipal school district and	4722
that is either sponsored by the district or a party to an	4723
agreement with the district identifying goals for the community	4724
school's educational, financial, and management progress and	4725
accountability standards by which the community school's progress	4726
is to be measured.	4727

(c) "Qualifying community schools amount" means the product	4728
obtained, as of the receipt and deposit of the tax distribution,	4729
by multiplying the amount of a tax distribution by a fraction, the	4730
numerator of which is the number of mills per dollar of taxable	4731
value of the property tax to be allocated to qualifying community	4732
schools, and the denominator of which is the total number of mills	4733
per dollar of taxable value authorized by the electors in the	4734
election held under division (B) of this section, each as set	4735
forth in the resolution levying the tax.	4736

(d) "Qualifying community schools fund" means a separate fund	4737
established by the board of education of a municipal school	4738
district for the deposit of qualifying community school amounts	4739
under this section.	4740

(e) "Resident student" means a student enrolled in a	4741
qualifying community school who is entitled to attend school in	4742
the municipal school district under section 3313.64 or 3313.65 of	4743
the Revised Code.	4744

(f) "Tax distribution" means a distribution of proceeds of	4745
the tax authorized by division (B) of this section under section	4746
321.24 of the Revised Code and distributions that are attributable	4747
to that tax under sections 323.156 and 4503.068 of the Revised	4748
Code or other applicable law.	4749

(C) A resolution adopted under this section shall specify	4750
the date of holding ~~such~~the election, which shall not be earlier	4751
than ninety days after the adoption and certification of the	4752
resolution and which shall be consistent with the requirements of	4753
section 3501.01 of the Revised Code.	4754

~~The~~A resolution adopted under this section may propose to	4755
renew one or more existing levies imposed under division (A) or	4756
(B) of this section or to increase or decrease a single levy	4757
imposed under ~~this section~~either such division. If	4758

If the board of education imposes one or more existing levies	4759
for the purpose specified in division (F) of section 5705.19 of	4760
the Revised Code, the resolution may propose to renew one or more	4761
of those existing levies, or to increase or decrease a single such	4762
existing levy, for the purpose of general permanent improvements.	4763
If	4764

If the resolution proposes to renew two or more existing	4765
levies, the levies shall be levied for the same purpose. The	4766
resolution shall identify those levies and the rates at which they	4767
are levied. The resolution also shall specify that the existing	4768
levies shall not be extended on the tax lists after the year	4769
preceding the year in which the renewal levy is first imposed,	4770
regardless of the years for which those levies originally were	4771
authorized to be levied.	4772

If the resolution proposes to renew an existing levy imposed	4773
under division (B) of this section, the rates allocated to the	4774
municipal school district and to qualifying community schools each	4775
may be increased or decreased or remain the same, and the total	4776
rate may be increased, decreased, or remain the same. The	4777
resolution and notice of election shall specify the number of the	4778
mills to be levied for the current expenses of the qualifying	4779
community schools and the number of the mills to be levied for the	4780
current expenses of the municipal school district.	4781

~~The~~A resolution adopted under this section shall go into	4782
immediate effect upon its passage, and no publication of the	4783
resolution shall be necessary other than that provided for in the	4784
notice of election. A copy of the resolution shall immediately	4785
after its passing be certified to the board of elections of the	4786
proper county in the manner provided by section 5705.25 of the	4787
Revised Code~~, and that~~. That section shall govern the arrangements	4788
for the submission of such question and other matters concerning	4789
~~such~~the election, to which that section refers, including	4790
publication of notice of the election, except that ~~such~~the	4791
election shall be held on the date specified in the resolution.	4792
~~Publication of notice of that election shall be made in a~~	4793
~~newspaper of general circulation in the county once a week for two~~	4794
~~consecutive weeks, or as provided in section 7.16 of the Revised~~	4795
~~Code, prior to the election. If the board of elections operates~~	4796
~~and maintains a web site, the board of elections shall post notice~~	4797
~~of the election on its web site for thirty days prior to the~~	4798
~~election.~~In the case of a resolution adopted under division (B)	4799
of this section, the publication of notice of that election shall	4800
state the number of the mills to be levied for the current	4801
expenses of qualifying community schools and the number of the	4802
mills to be levied for the current expenses of the municipal	4803
school district. If a majority of the electors voting on the	4804
question so submitted in an election vote in favor of the levy,	4805
the board of education may make the necessary levy within the	4806
school district at the additional rate, or at any lesser rate in	4807
excess of the ten-mill limitation on the tax list, for the purpose	4808
stated in the resolution. A levy for a continuing period of time	4809
may be reduced pursuant to section 5705.261 of the Revised Code.	4810
The tax levy shall be included in the next tax budget that is	4811
certified to the county budget commission.	4812

~~(C)~~(D)(1) After the approval of a levy on the current tax	4813
list and duplicate for current expenses, for recreational	4814
purposes, for community centers provided for in section 755.16 of	4815
the Revised Code, or for a public library of the district under	4816
division (A) of this section, and prior to the time when the first	4817
tax collection from the levy can be made, the board of education	4818
may anticipate a fraction of the proceeds of the levy and issue	4819
anticipation notes in a principal amount not exceeding fifty per	4820
cent of the total estimated proceeds of the levy to be collected	4821
during the first year of the levy.	4822

(2) After the approval of a levy for general permanent	4823
improvements for a specified number of years, or for permanent	4824
improvements having the purpose specified in division (F) of	4825
section 5705.19 of the Revised Code, the board of education may	4826
anticipate a fraction of the proceeds of the levy and issue	4827
anticipation notes in a principal amount not exceeding fifty per	4828
cent of the total estimated proceeds of the levy remaining to be	4829
collected in each year over a period of five years after the	4830
issuance of the notes.	4831

The notes shall be issued as provided in section 133.24 of	4832
the Revised Code, shall have principal payments during each year	4833
after the year of their issuance over a period not to exceed five	4834
years, and may have a principal payment in the year of their	4835
issuance.	4836

(3) After approval of a levy for general permanent	4837
improvements for a continuing period of time, the board of	4838
education may anticipate a fraction of the proceeds of the levy	4839
and issue anticipation notes in a principal amount not exceeding	4840
fifty per cent of the total estimated proceeds of the levy to be	4841
collected in each year over a specified period of years, not	4842
exceeding ten, after the issuance of the notes.	4843

The notes shall be issued as provided in section 133.24 of	4844
the Revised Code, shall have principal payments during each year	4845
after the year of their issuance over a period not to exceed ten	4846
years, and may have a principal payment in the year of their	4847
issuance.	4848

(4) After the approval of a levy on the current tax list and	4849
duplicate under division (B) of this section, and prior to the	4850
time when the first tax collection from the levy can be made, the	4851
board of education may anticipate a fraction of the proceeds of	4852
the levy for the current expenses of the school district and issue	4853
anticipation notes in a principal amount not exceeding fifty per	4854
cent of the estimated proceeds of the levy to be collected during	4855
the first year of the levy and allocated to the school district.	4856
The portion of the levy proceeds to be allocated to qualifying	4857
community schools under that division shall not be included in the	4858
estimated proceeds anticipated under this division and shall not	4859
be used to pay debt charges on any anticipation notes.	4860

The notes shall be issued as provided in section 133.24 of	4861
the Revised Code, shall have principal payments during each year	4862
after the year of their issuance over a period not to exceed five	4863
years, and may have a principal payment in the year of their	4864
issuance.	4865

(E) The submission of questions to the electors under this	4866
section is subject to the limitation on the number of election	4867
dates established by section 5705.214 of the Revised Code.	4868

Sec. 5705.212. (A)(1) The board of education of any school	4869
district, at any time and by a vote of two-thirds of all of its	4870
members, may declare by resolution that the amount of taxes that	4871
may be raised within the ten-mill limitation will be insufficient	4872
to provide an adequate amount for the present and future	4873
requirements of the school district, that it is necessary to levy	4874
not more than five taxes in excess of that limitation for current	4875
expenses, and that each of the proposed taxes first will be levied	4876
in a different year, over a specified period of time. The board	4877
shall identify the taxes proposed under this section as follows:	4878
the first tax to be levied shall be called the "original tax."	4879
Each tax subsequently levied shall be called an "incremental tax."	4880
The rate of each incremental tax shall be identical, but the rates	4881
of such incremental taxes need not be the same as the rate of the	4882
original tax. The resolution also shall state that the question of	4883
these additional taxes shall be submitted to the electors of the	4884
school district at a special election. The resolution shall	4885
specify separately for each tax proposed: the amount of the	4886
increase in rate that it is necessary to levy, expressed	4887
separately for the original tax and each incremental tax; that the	4888
purpose of the levy is for current expenses; the number of years	4889
during which the original tax shall be in effect; a specification	4890
that the last year in which the original tax is in effect shall	4891
also be the last year in which each incremental tax shall be in	4892
effect; and the year in which each tax first is proposed to be	4893
levied. The original tax may be levied for any number of years not	4894
exceeding ten, or for a continuing period of time. The resolution	4895
shall specify the date of holding the special election, which	4896
shall not be earlier than ninety days after the adoption and	4897
certification of the resolution and shall be consistent with the	4898
requirements of section 3501.01 of the Revised Code.	4899

(2) The board of education, by a vote of two-thirds of all of	4900
its members, may adopt a resolution proposing to renew taxes	4901
levied other than for a continuing period of time under division	4902
(A)(1) of this section. Such a resolution shall provide for	4903
levying a tax and specify all of the following:	4904

(a) That the tax shall be called and designated on the ballot	4905
as a renewal levy;	4906

(b) The rate of the renewal tax, which shall be a single rate	4907
that combines the rate of the original tax and each incremental	4908
tax into a single rate. The rate of the renewal tax shall not	4909
exceed the aggregate rate of the original and incremental taxes.	4910

(c) The number of years, not to exceed ten, that the renewal	4911
tax will be levied, or that it will be levied for a continuing	4912
period of time;	4913

(d) That the purpose of the renewal levy is for current	4914
expenses;	4915

(e) Subject to the certification and notification	4916
requirements of section 5705.251 of the Revised Code, that the	4917
question of the renewal levy shall be submitted to the electors of	4918
the school district at the general election held during the last	4919
year the original tax may be extended on the real and public	4920
utility property tax list and duplicate or at a special election	4921
held during the ensuing year.	4922

(3) A resolution adopted under division (A)(1) or (2) of this	4923
section shall go into immediate effect upon its adoption and no	4924
publication of the resolution is necessary other than that	4925
provided for in the notice of election. Immediately after its	4926
adoption, a copy of the resolution shall be certified to the board	4927
of elections of the proper county in the manner provided by	4928
division (A) of section 5705.251 of the Revised Code, and that	4929
division shall govern the arrangements for the submission of the	4930
question and other matters concerning the election to which that	4931
section refers. The election shall be held on the date specified	4932
in the resolution. If a majority of the electors voting on the	4933
question so submitted in an election vote in favor of the taxes or	4934
a renewal tax, the board of education, if the original or a	4935
renewal tax is authorized to be levied for the current year,	4936
immediately may make the necessary levy within the school district	4937
at the authorized rate, or at any lesser rate in excess of the	4938
ten-mill limitation, for the purpose stated in the resolution. No	4939
tax shall be imposed prior to the year specified in the resolution	4940
as the year in which it is first proposed to be levied. The rate	4941
of the original tax and the rate of each incremental tax shall be	4942
cumulative, so that the aggregate rate levied in any year is the	4943
sum of the rates of both the original tax and all incremental	4944
taxes levied in or prior to that year under the same proposal. A	4945
tax levied for a continuing period of time under this section may	4946
be reduced pursuant to section 5705.261 of the Revised Code.	4947

~~(4) The submission of questions to the electors under this~~	4948
~~section is subject to the limitation on the number of election~~	4949
~~dates established by section 5705.214 of the Revised Code.~~	4950

(B) Notwithstanding ~~sections~~section 133.30 ~~and 133.301~~ of	4951
the Revised Code, after the approval of a tax to be levied in the	4952
current or the succeeding year and prior to the time when the	4953
first tax collection from that levy can be made, the board of	4954
education may anticipate a fraction of the proceeds of the levy	4955
and issue anticipation notes in an amount not to exceed fifty per	4956
cent of the total estimated proceeds of the levy to be collected	4957
during the first year of the levy. The notes shall be sold as	4958
provided in Chapter 133. of the Revised Code. If anticipation	4959
notes are issued, they shall mature serially and in substantially	4960
equal amounts during each year over a period not to exceed five	4961
years; and the amount necessary to pay the interest and principal	4962
as the anticipation notes mature shall be deemed appropriated for	4963
those purposes from the levy, and appropriations from the levy by	4964
the board of education shall be limited each fiscal year to the	4965
balance available in excess of that amount.	4966

If the auditor of state has certified a deficit pursuant to	4967
section 3313.483 of the Revised Code, the notes authorized under	4968
this section may be sold in accordance with Chapter 133. of the	4969
Revised Code, except that the board may sell the notes after	4970
providing a reasonable opportunity for competitive bidding.	4971

(C)(1) The board of education of a municipal school district,	4972
at any time and by a vote of two-thirds of all its members, may	4973
declare by resolution that it is necessary to levy not more than	4974
five taxes in excess of the ten-mill limitation for the current	4975
expenses of the school district and of qualifying community	4976
schools, and that each of the proposed taxes first will be levied	4977
in a different year, over a specified period of time. The board	4978
shall identify the taxes proposed under this division in the same	4979
manner as in division (A)(1) of this section. The rate of each	4980
incremental tax shall be identical, but the rates of such	4981
incremental taxes need not be the same as the rate of the original	4982
tax. In addition to the specifications required of the resolution	4983
in division (A) of this section, the resolution shall state the	4984
number of the mills to be levied each year for the current	4985
expenses of the qualifying community schools and the number of the	4986
mills to be levied each year for the current expenses of the	4987
school district. The number of mills for the current expenses of	4988
qualifying community schools shall be the same for each of the	4989
incremental taxes, and the number of mills for the current	4990
expenses of the municipal school district shall be the same for	4991
each of the incremental taxes.	4992

The levy of taxes for the current expenses of a qualifying	4993
community school under division (C) of this section and the	4994
distribution of proceeds from the tax by a municipal school	4995
district to qualifying community schools is hereby determined to	4996
be a proper public purpose.	4997

(2) The board of education, by a vote of two-thirds of all of	4998
its members, may adopt a resolution proposing to renew taxes	4999
levied other than for a continuing period of time under division	5000
(C)(1) of this section. In such a renewal levy, the rates	5001
allocated to the municipal school district and to qualifying	5002
community schools each may be increased or decreased or remain the	5003
same, and the total rate may be increased, decreased, or remain	5004
the same. In addition to the requirements of division (A)(2) of	5005
this section, the resolution shall state the number of the mills	5006
to be levied for the current expenses of the qualifying community	5007
schools and the number of the mills to be levied for the current	5008
expenses of the school district.	5009

(3) A resolution adopted under division (C)(1) or (2) of this	5010
section is subject to the rules and procedures prescribed by	5011
division (A)(3) of this section.	5012

(4) The proceeds of each tax levied under division (C)(1) or	5013
(2) of this section shall be credited and distributed in the	5014
manner prescribed by division (B)(3) of section 5705.21 of the	5015
Revised Code, and divisions (B)(4), (5), and (6) of that section	5016
apply to taxes levied under division (C) of this section.	5017

(5) Notwithstanding section 133.30 of the Revised Code, after	5018
the approval of a tax to be levied under division (C)(1) or (2) of	5019
this section, in the current or succeeding year and prior to the	5020
time when the first tax collection from that levy can be made, the	5021
board of education may anticipate a fraction of the proceeds of	5022
the levy for the current expenses of the municipal school district	5023
and issue anticipation notes in a principal amount not exceeding	5024
fifty per cent of the estimated proceeds of the levy to be	5025
collected during the first year of the levy and allocated to the	5026
school district. The portion of levy proceeds to be allocated to	5027
qualifying community schools shall not be included in the	5028
estimated proceeds anticipated under this division and shall not	5029
be used to pay debt charges on any anticipation notes.	5030

The notes shall be sold as provided in Chapter 133. of the	5031
Revised Code. If anticipation notes are issued, they shall mature	5032
serially and in substantially equal amounts during each year over	5033
a period not to exceed five years. The amount necessary to pay the	5034
interest and principal as the anticipation notes mature shall be	5035
deemed appropriated for those purposes from the levy, and	5036
appropriations from the levy by the board of education shall be	5037
limited each fiscal year to the balance available in excess of	5038
that amount.	5039

If the auditor of state has certified a deficit pursuant to	5040
section 3313.483 of the Revised Code, the notes authorized under	5041
this section may be sold in accordance with Chapter 133. of the	5042
Revised Code, except that the board may sell the notes after	5043
providing a reasonable opportunity for competitive bidding.	5044

As used in division (C) of this section, "municipal school	5045
district" and "qualifying community schools" have the same	5046
meanings as in section 5705.21 of the Revised Code.	5047

(D) The submission of questions to the electors under this	5048
section is subject to the limitation on the number of election	5049
dates established by section 5705.214 of the Revised Code.	5050

Sec. 5705.215. (A) The governing board of an educational	5051
service center that is the taxing authority of a county school	5052
financing district, upon receipt of identical resolutions adopted	5053
within a sixty-day period by a majority of the members of the	5054
board of education of each school district that is within the	5055
territory of the county school financing district, may submit a	5056
tax levy to the electors of the territory in the same manner as a	5057
school board may submit a levy under division ~~(B)~~(C) of section	5058
5705.21 of the Revised Code, except that:	5059

(1) The levy may be for a period not to exceed ten years, or,	5060
if the levy is solely for the purpose or purposes described in	5061
division (A)(2)(a) or (c) of this section, for a continuing period	5062
of time.	5063

(2) The purpose of the levy shall be one or more of the	5064
following:	5065

(a) For current expenses for the provision of special	5066
education and related services within the territory of the	5067
district;	5068

(b) For permanent improvements within the territory of the	5069
district for special education and related services;	5070

(c) For current expenses for specified educational programs	5071
within the territory of the district;	5072

(d) For permanent improvements within the territory of the	5073
district for specified educational programs;	5074

(e) For permanent improvements within the territory of the	5075
district.	5076

(B) If the levy provides for but is not limited to current	5077
expenses, the resolutions shall apportion the annual rate of the	5078
levy between current expenses and the other purposes. The	5079
apportionment need not be the same for each year of the levy, but	5080
the respective portions of the rate actually levied each year for	5081
current expenses and the other purposes shall be limited by that	5082
apportionment.	5083

(C) Prior to the application of section 319.301 of the	5084
Revised Code, the rate of a levy that is limited to, or to the	5085
extent that it is apportioned to, purposes other than current	5086
expenses shall be reduced in the same proportion in which the	5087
district's total valuation increases during the life of the levy	5088
because of additions to such valuation that have resulted from	5089
improvements added to the tax list and duplicate.	5090

(D) After the approval of a county school financing district	5091
levy under this section, the taxing authority may anticipate a	5092
fraction of the proceeds of such levy and may from time to time	5093
during the life of such levy, but in any given year prior to the	5094
time when the tax collection from such levy can be made for that	5095
year, issue anticipation notes in an amount not exceeding fifty	5096
per cent of the estimated proceeds of the levy to be collected in	5097
each year up to a period of five years after the date of the	5098
issuance of such notes, less an amount equal to the proceeds of	5099
such levy obligated for each year by the issuance of anticipation	5100
notes, provided that the total amount maturing in any one year	5101
shall not exceed fifty per cent of the anticipated proceeds of the	5102
levy for that year. Each issue of notes shall be sold as provided	5103
in Chapter 133. of the Revised Code, and shall, except for such	5104
limitation that the total amount of such notes maturing in any one	5105
year shall not exceed fifty per cent of the anticipated proceeds	5106
of such levy for that year, mature serially in substantially equal	5107
installments during each year over a period not to exceed five	5108
years after their issuance.	5109

(E)(1) In a resolution to be submitted to the taxing	5110
authority of a county school financing district under division (A)	5111
of this section calling for a ballot issue on the question of the	5112
levying of a tax for a continuing period of time by the taxing	5113
authority, the board of education of a school district that is	5114
part of the territory of the county school financing district also	5115
may propose to reduce the rate of one or more of that school	5116
district's property taxes levied for a continuing period of time	5117
in excess of the ten-mill limitation. The reduction in the rate of	5118
a property tax may be any amount, expressed in mills per one	5119
dollar of valuation, not exceeding the rate at which the tax is	5120
authorized to be levied. The reduction in the rate of a tax shall	5121
first take effect in the same year that the county school	5122
financing district tax takes effect, and shall continue for each	5123
year that the county school financing district tax is in effect. A	5124
board of education's resolution proposing to reduce the rate of	5125
one or more of its school district property taxes shall	5126
specifically identify each such tax and shall state for each tax	5127
the maximum rate at which it currently may be levied and the	5128
maximum rate at which it could be levied after the proposed	5129
reduction, expressed in mills per one dollar of valuation.	5130

Before submitting the resolution to the taxing authority of	5131
the county school financing district, the board of education of	5132
the school district shall certify a copy of it to the tax	5133
commissioner. Within ten days of receiving the copy, the tax	5134
commissioner shall certify to the board the reduction in the	5135
school district's total effective tax rate for each class of	5136
property that would have resulted if the proposed reduction in the	5137
rate or rates had been in effect the previous year. After	5138
receiving the certification from the commissioner, the board may	5139
amend its resolution to change the proposed property tax rate	5140
reduction before submitting the resolution to the financing	5141
district taxing authority. As used in this paragraph, "effective	5142
tax rate" has the same meaning as in section 323.08 of the Revised	5143
Code.	5144

If the board of education of a school district that is part	5145
of the territory of a county school financing district adopts a	5146
resolution proposing to reduce the rate of one or more of its	5147
property taxes in conjunction with the levying of a tax by the	5148
financing district, the resolution submitted by the board to the	5149
taxing authority of the financing district under division (A) of	5150
this section does not have to be identical in this respect to the	5151
resolutions submitted by the boards of education of the other	5152
school districts that are part of the territory of the county	5153
school financing district.	5154

(2) Each school district that is part of the territory of a	5155
county school financing district may tailor to its own situation a	5156
proposed reduction in one or more property tax rates in	5157
conjunction with the proposed levying of a tax by the county	5158
school financing district; if one such school district proposes a	5159
reduction in one or more tax rates, another school district may	5160
propose a reduction of a different size or may propose no	5161
reduction. Within each school district that is part of the	5162
territory of the county school financing district, the electors	5163
shall vote on one ballot issue combining the question of the	5164
levying of the tax by the taxing authority of the county school	5165
financing district with, if any such reduction is proposed, the	5166
question of the reduction in the rate of one or more taxes of the	5167
school district. If a majority of the electors of the county	5168
school financing district voting on the question of the proposed	5169
levying of a tax by the taxing authority of the financing district	5170
vote to approve the question, any tax reductions proposed by	5171
school districts that are part of the territory of the financing	5172
district also are approved.	5173

(3) The form of the ballot for an issue proposing to levy a	5174
county school financing district tax in conjunction with the	5175
reduction of the rate of one or more school district taxes shall	5176
be as follows:	5177

"Shall the ....... (name of the county school financing	5178
district) be authorized to levy an additional tax for .......	5179
(purpose stated in the resolutions) at a rate not exceeding	5180
....... mills for each one dollar of valuation, which amounts to	5181
....... (rate expressed in dollars and cents) for each one hundred	5182
dollars of valuation, for a continuing period of time? If the	5183
county school financing district tax is approved, the rate of an	5184
existing tax currently levied by the ....... (name of the school	5185
district of which the elector is a resident) at the rate of	5186
....... mills for each one dollar of valuation shall be reduced to	5187
....... mills until any such time as the county school financing	5188
district tax is decreased or repealed.	5189

5190

		For the issue			5191
		Against the issue	"		5192

5193

If the board of education of the school district proposes to	5194
reduce the rate of more than one of its existing taxes, the second	5195
sentence of the ballot language shall be modified for residents of	5196
that district to express the rates at which those taxes currently	5197
are levied and the rates to which they would be reduced. If the	5198
board of education of the school district does not propose to	5199
reduce the rate of any of its taxes, the second sentence of the	5200
ballot language shall not be used for residents of that district.	5201
In any case, the first sentence of the ballot language shall be	5202
the same for all the electors in the county school financing	5203
district, but the second sentence shall be different in each	5204
school district depending on whether and in what amount the board	5205
of education of the school district proposes to reduce the rate of	5206
one or more of its property taxes.	5207

(4) If the rate of a school district property tax is reduced	5208
pursuant to this division, the tax commissioner shall compute the	5209
percentage required to be computed for that tax under division (D)	5210
of section 319.301 of the Revised Code each year the rate is	5211
reduced as if the tax had been levied in the preceding year at the	5212
rate to which it has been reduced. If the reduced rate of a tax is	5213
increased under division (E)(5) of this section, the commissioner	5214
shall compute the percentage required to be computed for that tax	5215
under division (D) of section 319.301 of the Revised Code each	5216
year the rate is increased as if the tax had been levied in the	5217
preceding year at the rate to which it has been increased.	5218

(5) After the levying of a county school financing district	5219
tax in conjunction with the reduction of the rate of one or more	5220
school district taxes is approved by the electors under this	5221
division, if the rate of the county school financing district tax	5222
is decreased pursuant to an election under section 5705.261 of the	5223
Revised Code, the rate of each school district tax that had been	5224
reduced shall be increased by the number of mills obtained by	5225
multiplying the number of mills of the original reduction by the	5226
same percentage that the financing district tax rate is decreased.	5227
If the county school financing district tax is repealed pursuant	5228
to an election under section 5705.261 of the Revised Code, each	5229
school district may resume levying the property taxes that had	5230
been reduced at the full rate originally approved by the electors.	5231
A reduction in the rate of a school district property tax under	5232
this division is a reduction in the rate at which the board of	5233
education may levy that tax only for the period during which the	5234
county school financing district tax is levied prior to any	5235
decrease or repeal under section 5705.261 of the Revised Code. The	5236
resumption of the authority of the board of education to levy an	5237
increased or the full rate of tax does not constitute the levying	5238
of a new tax in excess of the ten-mill limitation.	5239

Sec. 5705.216. A board of education that has issued notes in	5240
anticipation of the proceeds of a permanent improvements levy in	5241
the maximum amount permitted under division ~~(C)~~(D)(2) or (3) of	5242
section 5705.21 of the Revised Code or a taxing authority of a	5243
county school financing district that has issued notes in	5244
anticipation of the proceeds of a levy in the maximum amount	5245
permitted under section 5705.215 of the Revised Code may, if the	5246
proceeds from the issuance of such notes have been spent,	5247
contracted, or encumbered, apply to the superintendent of public	5248
instruction for authorization to anticipate a fraction of the	5249
remaining estimated proceeds of the levy and issue anticipation	5250
notes for that purpose. The application shall be in such form and	5251
contain such information as the superintendent considers necessary	5252
and shall specify the amount of notes to be issued. The amount	5253
shall not exceed the following:	5254

(A) In the case of a school district:

5255

(1) For levies described under division ~~(C)~~(D)(2) of section	5256
5705.21 of the Revised Code, the amount by which the total	5257
estimated proceeds of the levy remaining to be collected	5258
throughout its life exceeds the amount from such proceeds required	5259
to pay the principal and interest on notes issued under section	5260
5705.21 of the Revised Code and the interest on any notes issued	5261
under this section;	5262

(2) For levies described under division ~~(C)~~(D)(3) of section	5263
5705.21 of the Revised Code, the amount by which the total	5264
estimated proceeds of the levy remaining to be collected over the	5265
specified number of years authorized for the issuance of the notes	5266
exceeds the amount from such proceeds required to pay the	5267
principal and interest on notes issued under section 5705.21 of	5268
the Revised Code and the interest on any notes issued under this	5269
section.	5270

(B) In the case of a county school financing district, the	5271
amount by which the total estimated proceeds of the levy remaining	5272
to be collected for the first five years of its life exceed the	5273
amount from such proceeds required to pay the principal and	5274
interest on notes issued under section 5705.215 of the Revised	5275
Code and the interest on any notes issued under this section.	5276

The superintendent shall examine the application and any	5277
other relevant information submitted and shall determine and	5278
certify the maximum amount of notes the district may issue under	5279
this section, which may be an amount less than the amount	5280
requested by the district.	5281

If the superintendent determines that the anticipated	5282
proceeds from the levy may be significantly less than expected and	5283
that additional notes should not be issued, hethe superintendent	5284
may deny the application and give written notice of the denial to	5285
the president of the district's board of education or the taxing	5286
authority.	5287

Such notes shall be sold in the same manner as notes issued	5288
under section 5705.21 or 5705.215 of the Revised Code.	5289

Sec. 5705.218. (A) The board of education of a city, local,	5290
or exempted village school district, at any time by a vote of	5291
two-thirds of all its members, may declare by resolution that it	5292
may be necessary for the school district to issue general	5293
obligation bonds for permanent improvements. The resolution shall	5294
state all of the following:	5295

(1) The necessity and purpose of the bond issue;

5296

(2) The date of the special election at which the question	5297
shall be submitted to the electors;	5298

(3) The amount, approximate date, estimated rate of interest,	5299
and maximum number of years over which the principal of the bonds	5300
may be paid;	5301

(4) The necessity of levying a tax outside the ten-mill	5302
limitation to pay debt charges on the bonds and any anticipatory	5303
securities.	5304

On adoption of the resolution, the board shall certify a copy	5305
of it to the county auditor. The county auditor promptly shall	5306
estimate and certify to the board the average annual property tax	5307
rate required throughout the stated maturity of the bonds to pay	5308
debt charges on the bonds, in the same manner as under division	5309
(C) of section 133.18 of the Revised Code.	5310

(B) After receiving the county auditor's certification under	5311
division (A) of this section, the board of education of the city,	5312
local, or exempted village school district, by a vote of	5313
two-thirds of all its members, may declare by resolution that the	5314
amount of taxes that can be raised within the ten-mill limitation	5315
will be insufficient to provide an adequate amount for the present	5316
and future requirements of the school district; that it is	5317
necessary to issue general obligation bonds of the school district	5318
for permanent improvements and to levy an additional tax in excess	5319
of the ten-mill limitation to pay debt charges on the bonds and	5320
any anticipatory securities; that it is necessary for a specified	5321
number of years or for a continuing period of time to levy	5322
additional taxes in excess of the ten-mill limitation to provide	5323
funds for the acquisition, construction, enlargement, renovation,	5324
and financing of permanent improvements or to pay for current	5325
operating expenses, or both; and that the question of the bonds	5326
and taxes shall be submitted to the electors of the school	5327
district at a special election, which shall not be earlier than	5328
ninety days after certification of the resolution to the board of	5329
elections, and the date of which shall be consistent with section	5330
3501.01 of the Revised Code. The resolution shall specify all of	5331
the following:	5332

(1) The county auditor's estimate of the average annual	5333
property tax rate required throughout the stated maturity of the	5334
bonds to pay debt charges on the bonds;	5335

(2) The proposed rate of the tax, if any, for current	5336
operating expenses, the first year the tax will be levied, and the	5337
number of years it will be levied, or that it will be levied for a	5338
continuing period of time;	5339

(3) The proposed rate of the tax, if any, for permanent	5340
improvements, the first year the tax will be levied, and the	5341
number of years it will be levied, or that it will be levied for a	5342
continuing period of time.	5343

The resolution shall apportion the annual rate of the tax	5344
between current operating expenses and permanent improvements, if	5345
both taxes are proposed. The apportionment may but need not be the	5346
same for each year of the tax, but the respective portions of the	5347
rate actually levied each year for current operating expenses and	5348
permanent improvements shall be limited by the apportionment. The	5349
resolution shall go into immediate effect upon its passage, and no	5350
publication of it is necessary other than that provided in the	5351
notice of election. The board of education shall certify a copy of	5352
the resolution, along with copies of the auditor's estimate and	5353
its resolution under division (A) of this section, to the board of	5354
elections immediately after its adoption.	5355

(C) The board of elections shall make the arrangements for	5356
the submission ~~of the question~~ to the electors of the school	5357
district the question proposed under division (B) or (J) of this	5358
section, and the election shall be conducted, canvassed, and	5359
certified in the same manner as regular elections in the district	5360
for the election of county officers. The resolution shall be put	5361
before the electors as one ballot question, with a favorable vote	5362
indicating approval of the bond issue, the levy to pay debt	5363
charges on the bonds and any anticipatory securities, the current	5364
operating expenses levy, ~~and~~ the permanent improvements levy, if	5365
~~either or both levies are~~and the levy for the current expenses of	5366
a municipal school district and of qualifying community schools,	5367
as those levies may be proposed. The board of elections shall	5368
publish notice of the election in a newspaper of general	5369
circulation in the school district once a week for two consecutive	5370
weeks, or as provided in section 7.16 of the Revised Code, prior	5371
to the election. If a board of elections operates and maintains a	5372
web site, that board also shall post notice of the election on its	5373
web site for thirty days prior to the election. The notice of	5374
election shall state all of the following:	5375

(1) The principal amount of the proposed bond issue;

5376

(2) The permanent improvements for which the bonds are to be	5377
issued;	5378

(3) The maximum number of years over which the principal of	5379
the bonds may be paid;	5380

(4) The estimated additional average annual property tax rate	5381
to pay the debt charges on the bonds, as certified by the county	5382
auditor;	5383

(5) The proposed rate of the additional tax, if any, for	5384
current operating expenses and, if the question is proposed under	5385
division (J) of this section, the portion of the rate to be	5386
allocated to the school district and the portion to be allocated	5387
to qualifying community schools;	5388

(6) The number of years the current operating expenses tax	5389
will be in effect, or that it will be in effect for a continuing	5390
period of time;	5391

(7) The proposed rate of the additional tax, if any, for	5392
permanent improvements;	5393

(8) The number of years the permanent improvements tax will	5394
be in effect, or that it will be in effect for a continuing period	5395
of time;	5396

(9) The time and place of the special election.

5397

(D) The form of the ballot for an election under this section	5398
is as follows:	5399

"Shall the .......... school district be authorized to do the	5400
following:	5401

(1) Issue bonds for the purpose of .......... in the	5402
principal amount of $......, to be repaid annually over a maximum	5403
period of ...... years, and levy a property tax outside the	5404
ten-mill limitation, estimated by the county auditor to average	5405
over the bond repayment period ...... mills for each one dollar of	5406
tax valuation, which amounts to ...... (rate expressed in cents or	5407
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	5408
tax valuation, to pay the annual debt charges on the bonds, and to	5409
pay debt charges on any notes issued in anticipation of those	5410
bonds?"	5411

If either a levy for permanent improvements or a levy for	5412
current operating expenses is proposed, or both are proposed, the	5413
ballot also shall contain the following language, as appropriate:	5414

"(2) Levy an additional property tax to provide funds for the	5415
acquisition, construction, enlargement, renovation, and financing	5416
of permanent improvements at a rate not exceeding ....... mills	5417
for each one dollar of tax valuation, which amounts to .......	5418
(rate expressed in cents or dollars and cents) for each $100 of	5419
tax valuation, for ...... (number of years of the levy, or a	5420
continuing period of time)?	5421

(3) Levy an additional property tax to pay current operating	5422
expenses at a rate not exceeding ....... mills for each one dollar	5423
of tax valuation, which amounts to ....... (rate expressed in	5424
cents or dollars and cents) for each $100 of tax valuation, for	5425
....... (number of years of the levy, or a continuing period of	5426
time)?	5427

5428

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			5429
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		5430

5431

If the question is proposed under division (J) of this	5432
section, the form of the ballot shall be modified as prescribed by	5433
division (J)(5) of this section.	5434

(E) The board of elections promptly shall certify the results	5435
of the election to the tax commissioner and the county auditor of	5436
the county in which the school district is located. If a majority	5437
of the electors voting on the question vote for it, the board of	5438
education may proceed with issuance of the bonds and with the levy	5439
and collection of the property tax or taxes at the additional rate	5440
or any lesser rate in excess of the ten-mill limitation. Any	5441
securities issued by the board of education under this section are	5442
Chapter 133. securities, as that term is defined in section 133.01	5443
of the Revised Code.	5444

(F)(1) After the approval of a tax for current operating	5445
expenses under this section and prior to the time the first	5446
collection and distribution from the levy can be made, the board	5447
of education may anticipate a fraction of the proceeds of such	5448
levy and issue anticipation notes in a principal amount not	5449
exceeding fifty per cent of the total estimated proceeds of the	5450
tax to be collected during the first year of the levy.	5451

(2) After the approval of a tax under this section for	5452
permanent improvements having a specific purpose, the board of	5453
education may anticipate a fraction of the proceeds of such tax	5454
and issue anticipation notes in a principal amount not exceeding	5455
fifty per cent of the total estimated proceeds of the tax	5456
remaining to be collected in each year over a period of five years	5457
after issuance of the notes.	5458

(3) After the approval of a tax for general, on-going	5459
permanent improvements under this section, the board of education	5460
may anticipate a fraction of the proceeds of such tax and issue	5461
anticipation notes in a principal amount not exceeding fifty per	5462
cent of the total estimated proceeds of the tax to be collected in	5463
each year over a specified period of years, not exceeding ten,	5464
after issuance of the notes.	5465

Anticipation notes under this section shall be issued as	5466
provided in section 133.24 of the Revised Code. Notes issued under	5467
division (F)(1) or (2) of this section shall have principal	5468
payments during each year after the year of their issuance over a	5469
period not to exceed five years, and may have a principal payment	5470
in the year of their issuance. Notes issued under division (F)(3)	5471
of this section shall have principal payments during each year	5472
after the year of their issuance over a period not to exceed ten	5473
years, and may have a principal payment in the year of their	5474
issuance.	5475

(G) A tax for current operating expenses or for permanent	5476
improvements levied under this section for a specified number of	5477
years may be renewed or replaced in the same manner as a tax for	5478
current operating expenses or for permanent improvements levied	5479
under section 5705.21 of the Revised Code. A tax for current	5480
operating expenses or for permanent improvements levied under this	5481
section for a continuing period of time may be decreased in	5482
accordance with section 5705.261 of the Revised Code.	5483

(H) The submission of a question to the electors under this	5484
section is subject to the limitation on the number of elections	5485
that can be held in a year under section 5705.214 of the Revised	5486
Code.	5487

(I) A school district board of education proposing a ballot	5488
measure under this section to generate local resources for a	5489
project under the school building assistance expedited local	5490
partnership program under section 3318.36 of the Revised Code may	5491
combine the questions under division (D) of this section with a	5492
question for the levy of a property tax to generate moneys for	5493
maintenance of the classroom facilities acquired under that	5494
project as prescribed in section 3318.361 of the Revised Code.	5495

(J)(1) After receiving the county auditor's certification	5496
under division (A) of this section, the board of education of a	5497
municipal school district, by a vote of two-thirds of all its	5498
members, may declare by resolution that it is necessary to levy a	5499
tax in excess of the ten-mill limitation for the purpose of paying	5500
the current expenses of the school district and of qualifying	5501
community schools, as defined in section 5705.21 of the Revised	5502
Code; that it is necessary to issue general obligation bonds of	5503
the school district for permanent improvements of the district and	5504
to levy an additional tax in excess of the ten-mill limitation to	5505
pay debt charges on the bonds and any anticipatory securities; and	5506
that the question of the bonds and taxes shall be submitted to the	5507
electors of the school district at a special election, which shall	5508
not be earlier than ninety days after certification of the	5509
resolution to the board of elections, and the date of which shall	5510
be consistent with section 3505.01 of the Revised Code.	5511

The levy of taxes for the current expenses of a qualifying	5512
community school under division (J) of this section and the	5513
distribution of proceeds from the tax by a municipal school	5514
district to qualifying community schools is hereby determined to	5515
be a proper public purpose.	5516

(2) The tax for the current expenses of the school district	5517
and of qualifying community schools is subject to the requirements	5518
of divisions (B)(3), (4), and (5) of section 5705.21 of the	5519
Revised Code.	5520

(3) In addition to the required specifications of the	5521
resolution under division (B) of this section, the resolution	5522
shall express the rate of the tax in mills per dollar of taxable	5523
value and state the number of the mills to be levied for the	5524
current expenses of the qualifying community schools and the	5525
number of the mills to be levied for the current expenses of the	5526
school district.	5527

The resolution shall go into immediate effect upon its	5528
passage, and no publication of it is necessary other than that	5529
provided in the notice of election. The board of education shall	5530
certify a copy of the resolution, along with copies of the	5531
auditor's estimate and its resolution under division (A) of this	5532
section, to the board of elections immediately after its adoption.	5533

(4) The form of the ballot shall be modified by replacing	5534
division (D)(3) of this section with the following:	5535

"Levy an additional property tax for the purpose of the	5536
current expenses of the school district and of qualifying	5537
community schools at a rate not exceeding ...... (insert the	5538
number of mills) mills for each one dollar of valuation (of which	5539
...... (insert the number of mills to be allocated to qualifying	5540
community schools) mills is to be allocated to qualifying	5541
community schools), which amounts to ...... (insert the rate	5542
expressed in dollars and cents) for each one hundred dollars of	5543
valuation, for ...... (insert the number of years the levy is to	5544
be imposed, or that it will be levied for a continuing period of	5545
time)?	5546

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			5548
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		5549

(5) After the approval of a tax for the current expenses of	5550
the school district and of qualifying community schools under	5551
division (J) of this section, and prior to the time the first	5552
collection and distribution from the levy can be made, the board	5553
of education may anticipate a fraction of the proceeds of the levy	5554
for the current expenses of the school district and issue	5555
anticipation notes in a principal amount not exceeding fifty per	5556
cent of the estimated proceeds of the levy to be collected during	5557
the first year of the levy and allocated to the school district.	5558
The portion of levy proceeds to be allocated to qualifying	5559
community schools shall not be included in the estimated proceeds	5560
anticipated under this division and shall not be used to pay debt	5561
charges on any anticipation notes.	5562

The notes shall be issued as provided in section 133.24 of	5563
the Revised Code, shall have principal payments during each year	5564
after the year of their issuance over a period not to exceed five	5565
years, and may have a principal payment in the year of their	5566
issuance.	5567

(6) A tax for the current expenses of the school district and	5568
of qualifying community schools levied under division (J) of this	5569
section for a specified number of years may be renewed or replaced	5570
in the same manner as a tax for the current expenses of a school	5571
district and of qualifying community schools levied under division	5572
(B) of section 5705.21 of the Revised Code. A tax for the current	5573
expenses of the school district and of qualifying community	5574
schools levied under this division for a continuing period of time	5575
may be decreased in accordance with section 5705.261 of the	5576
Revised Code.	5577

(7) The proceeds from the issuance of the general obligation	5578
bonds under division (J) of this section shall be used solely to	5579
pay for permanent improvements of the school district and not for	5580
permanent improvements of qualifying community schools.	5581

Sec. 5705.251. (A) A copy of a resolution adopted under	5582
section 5705.212 or 5705.213 of the Revised Code shall be	5583
certified by the board of education to the board of elections of	5584
the proper county not less than ninety days before the date of the	5585
election specified in the resolution, and the board of elections	5586
shall submit the proposal to the electors of the school district	5587
at a special election to be held on that date. The board of	5588
elections shall make the necessary arrangements for the submission	5589
of the question or questions to the electors of the school	5590
district, and the election shall be conducted, canvassed, and	5591
certified in the same manner as regular elections in the school	5592
district for the election of county officers. Notice of the	5593
election shall be published in a newspaper of general circulation	5594
in the subdivision once a week for two consecutive weeks, or as	5595
provided in section 7.16 of the Revised Code, prior to the	5596
election. If the board of elections operates and maintains a web	5597
site, the board of elections shall post notice of the election on	5598
its web site for thirty days prior to the election.	5599

(1) In the case of a resolution adopted under section	5600
5705.212 of the Revised Code, the notice shall state separately,	5601
for each tax being proposed, the purpose; the proposed increase in	5602
rate, expressed in dollars and cents for each one hundred dollars	5603
of valuation as well as in mills for each one dollar of valuation;	5604
the number of years during which the increase will be in effect;	5605
and the first calendar year in which the tax will be due. For an	5606
election on the question of a renewal levy, the notice shall state	5607
the purpose; the proposed rate, expressed in dollars and cents for	5608
each one hundred dollars of valuation as well as in mills for each	5609
one dollar of valuation; and the number of years the tax will be	5610
in effect. If the resolution is adopted under division (C) of that	5611
section, the rate of each tax being proposed shall be expressed as	5612
both the total rate and the portion of the total rate to be	5613
allocated to the municipal school district and the portion to be	5614
allocated to qualifying community schools.	5615

(2) In the case of a resolution adopted under section	5616
5705.213 of the Revised Code, the notice shall state the purpose;	5617
the amount proposed to be raised by the tax in the first year it	5618
is levied; the estimated average additional tax rate for the first	5619
year it is proposed to be levied, expressed in mills for each one	5620
dollar of valuation and in dollars and cents for each one hundred	5621
dollars of valuation; the number of years during which the	5622
increase will be in effect; and the first calendar year in which	5623
the tax will be due. The notice also shall state the amount by	5624
which the amount to be raised by the tax may be increased in each	5625
year after the first year. The amount of the allowable increase	5626
may be expressed in terms of a dollar increase over, or a	5627
percentage of, the amount raised by the tax in the immediately	5628
preceding year. For an election on the question of a renewal levy,	5629
the notice shall state the purpose; the amount proposed to be	5630
raised by the tax; the estimated tax rate, expressed in mills for	5631
each one dollar of valuation and in dollars and cents for each one	5632
hundred dollars of valuation; and the number of years the tax will	5633
be in effect.	5634

In any case, the notice also shall state the time and place	5635
of the election.	5636

(B)(1) The form of the ballot in an election on taxes	5637
proposed under section 5705.212 of the Revised Code shall be as	5638
follows:	5639

"Shall the .......... school district be authorized to levy	5640
taxes for current expenses, the aggregate rate of which may	5641
increase in ...... (number) increment(s) of not more than ......	5642
mill(s) for each dollar of valuation, from an original rate of	5643
...... mill(s) for each dollar of valuation, which amounts to	5644
...... (rate expressed in dollars and cents) for each one hundred	5645
dollars of valuation, to a maximum rate of ...... mill(s) for each	5646
dollar of valuation, which amounts to ...... (rate expressed in	5647
dollars and cents) for each one hundred dollars of valuation? The	5648
original tax is first proposed to be levied in ...... (the first	5649
year of the tax), and the incremental tax in ...... (the first	5650
year of the increment) (if more than one incremental tax is	5651
proposed in the resolution, the first year that each incremental	5652
tax is proposed to be levied shall be stated in the preceding	5653
format, and the increments shall be referred to as the first,	5654
second, third, or fourth increment, depending on their number).	5655
The aggregate rate of tax so authorized will .......... (insert	5656
either, "expire with the original rate of tax which shall be in	5657
effect for ...... years" or "be in effect for a continuing period	5658
of time").	5659

5660

		FOR THE TAX LEVIES			5661
		AGAINST THE TAX LEVIES	"		5662

5663

If the tax is proposed by a municipal school district under	5664
division (C)(1) of section 5705.212 of the Revised Code, the form	5665
of the ballot shall be modified by adding, after the phrase "each	5666
dollar of valuation," the following: "(of which ...... mills is to	5667
be allocated to qualifying community schools)."	5668

(2) The form of the ballot in an election on the question of	5669
a renewal levy under section 5705.212 of the Revised Code shall be	5670
as follows:	5671

"Shall the ......... school district be authorized to renew a	5672
tax for current expenses at a rate not exceeding ......... mills	5673
for each dollar of valuation, which amounts to ......... (rate	5674
expressed in dollars and cents) for each one hundred dollars of	5675
valuation, for .......... (number of years the levy shall be in	5676
effect, or a continuing period of time)?	5677

5678

		FOR THE TAX LEVY			5679
		AGAINST THE TAX LEVY	"		5680

5681

If the tax is proposed by a municipal school district under	5682
division (C)(2) of section 5705.212 of the Revised Code and the	5683
total rate and the rates allocated to the school district and	5684
qualifying community schools are to remain the same as those of	5685
the levy being renewed, the form of the ballot shall be modified	5686
by adding, after the phrase "each dollar of valuation," the	5687
following: "(of which ...... mills is to be allocated to	5688
qualifying community schools)." If the total rate is to be	5689
increased, the form of the ballot shall state that the proposal is	5690
to renew the existing tax with an increase in rate and shall state	5691
the increase in rate, the total rate resulting from the increase,	5692
and, of that rate, the portion of the rate to be allocated to	5693
qualifying community schools. If the total rate is to be	5694
decreased, the form of the ballot shall state that the proposal is	5695
to renew a part of the existing tax and shall state the reduction	5696
in rate, the total rate resulting from the decrease, and, of that	5697
rate, the portion of the rate to be allocated to qualifying	5698
community schools.	5699

(3) If a tax proposed by a ballot form prescribed in division	5700
(B)(1) or (2) of this section is to be placed on the current tax	5701
list, the form of the ballot shall be modified by adding, after	5702
the statement of the number of years the levy is to be in effect,	5703
the phrase ", commencing in .......... (first year the tax is to	5704
be levied), first due in calendar year .......... (first calendar	5705
year in which the tax shall be due)."	5706

(C) The form of the ballot in an election on a tax proposed	5707
under section 5705.213 of the Revised Code shall be as follows:	5708

"Shall the ........ school district be authorized to levy the	5709
following tax for current expenses? The tax will first be levied	5710
in ...... (year) to raise ...... (dollars). In the ...... (number	5711
of years) following years, the tax will increase by not more than	5712
...... (per cent or dollar amount of increase) each year, so that,	5713
during ...... (last year of the tax), the tax will raise	5714
approximately ...... (dollars). The county auditor estimates that	5715
the rate of the tax per dollar of valuation will be ......	5716
mill(s), which amounts to $..... per one hundred dollars of	5717
valuation, both during ...... (first year of the tax) and ......	5718
mill(s), which amounts to $...... per one hundred dollars of	5719
valuation, during ...... (last year of the tax). The tax will not	5720
be levied after ...... (year).	5721

5722

		FOR THE TAX LEVY			5723
		AGAINST THE TAX LEVY	"		5724

5725

The form of the ballot in an election on the question of a	5726
renewal levy under section 5705.213 of the Revised Code shall be	5727
as follows:	5728

"Shall the ......... school district be authorized to renew a	5729
tax for current expenses which will raise ......... (dollars),	5730
estimated by the county auditor to be ......... mills for each	5731
dollar of valuation, which amounts to ......... (rate expressed in	5732
dollars and cents) for each one hundred dollars of valuation? The	5733
tax shall be in effect for ......... (the number of years the levy	5734
shall be in effect, or a continuing period of time).	5735

5736

		FOR THE TAX LEVY			5737
		AGAINST THE TAX LEVY	"		5738

5739

If the tax is to be placed on the current tax list, the form	5740
of the ballot shall be modified by adding, after the statement of	5741
the number of years the levy is to be in effect, the phrase ",	5742
commencing in .......... (first year the tax is to be levied),	5743
first due in calendar year .......... (first calendar year in	5744
which the tax shall be due)."	5745

(D) The question covered by a resolution adopted under	5746
section 5705.212 or 5705.213 of the Revised Code shall be	5747
submitted as a separate question, but may be printed on the same	5748
ballot with any other question submitted at the same election,	5749
other than the election of officers. More than one question may be	5750
submitted at the same election.	5751

(E) Taxes voted in excess of the ten-mill limitation under	5752
division (B) or (C) of this section shall be certified to the tax	5753
commissioner. If an additional tax is to be placed upon the tax	5754
list of the current year, as specified in the resolution providing	5755
for its submission, the result of the election shall be certified	5756
immediately after the canvass by the board of elections to the	5757
board of education. The board of education immediately shall make	5758
the necessary levy and certify it to the county auditor, who shall	5759
extend it on the tax list for collection. After the first year,	5760
the levy shall be included in the annual tax budget that is	5761
certified to the county budget commission.	5762

Sec. 5705.261. The question of decrease of an increased rate	5763
of levy approved for a continuing period of time by the voters of	5764
a subdivision may be initiated by the filing of a petition with	5765
the board of elections of the proper county not less than ninety	5766
days before the general election in any year requesting that an	5767
election be held on such question. Such petition shall state the	5768
amount of the proposed decrease in the rate of levy and shall be	5769
signed by qualified electors residing in the subdivision equal in	5770
number to at least ten per cent of the total number of votes cast	5771
in the subdivision for the office of governor at the most recent	5772
general election for that office. Only one such petition may be	5773
filed during each five-year period following the election at which	5774
the voters approved the increased rate for a continuing period of	5775
time.	5776

After determination by it that such petition is valid, the	5777
board of elections shall submit the question to the electors of	5778
the district at the succeeding general election. The election	5779
shall be conducted, canvassed, and certified in the same manner as	5780
regular elections in such subdivision for county offices. Notice	5781
of the election shall be published in a newspaper of general	5782
circulation in the district once a week for two consecutive weeks,	5783
or as provided in section 7.16 of the Revised Code, prior to the	5784
election. If the board of elections operates and maintains a web	5785
site, the board of elections shall post notice of the election on	5786
its web site for thirty days prior to the election. The notice	5787
shall state the purpose, the amount of the proposed decrease in	5788
rate, and the time and place of the election. The form of the	5789
ballot cast at such election shall be prescribed by the secretary	5790
of state. The question covered by such petition shall be submitted	5791
as a separate proposition but it may be printed on the same ballot	5792
with any other propositions submitted at the same election other	5793
than the election of officers. If a majority of the qualified	5794
electors voting on the question of a decrease at such election	5795
approve the proposed decrease in rate, the result of the election	5796
shall be certified immediately after the canvass by the board of	5797
elections to the subdivision's taxing authority, which shall	5798
thereupon, after the current year, cease to levy such increased	5799
rate or levy such tax at such reduced rate upon the duplicate of	5800
the subdivision. If notes have been issued in anticipation of the	5801
collection of such levy, the taxing authority shall continue to	5802
levy and collect under authority of the election authorizing the	5803
original levy such amounts as will be sufficient to pay the	5804
principal of and interest on such anticipation notes as the same	5805
fall due.	5806

In the case of a levy for the current expenses of a municipal	5807
school district and of qualifying community schools imposed under	5808
section 5705.192, division (B) of section 5705.21, division (C) of	5809
section 5705.212, or division (J) of section 5705.218 of the	5810
Revised Code for a continuing period of time, the rate allocated	5811
to the school district and to qualifying community schools shall	5812
each be decreased by a number of mills per dollar that is	5813
proportionate to the decrease in the rate of the levy in	5814
proportion to the rate at which the levy was imposed before the	5815
decrease.	5816

Sec. 5748.01. As used in this chapter:

5817

(A) "School district income tax" means an income tax adopted	5818
under one of the following:	5819

(1) Former section 5748.03 of the Revised Code as it existed	5820
prior to its repeal by Amended Substitute House Bill No. 291 of	5821
the 115th general assembly;	5822

(2) Section 5748.03 of the Revised Code as enacted in	5823
Substitute Senate Bill No. 28 of the 118th general assembly;	5824

(3) Section 5748.08 of the Revised Code as enacted in Amended	5825
Substitute Senate Bill No. 17 of the 122nd general assembly;	5826

(4) Section 5748.021 of the Revised Code;

5827

(5) Section 5748.081 of the Revised Code;

5828

(6) Section 5748.09 of the Revised Code.

5829

(B) "Individual" means an individual subject to the tax	5830
levied by section 5747.02 of the Revised Code.	5831

(C) "Estate" means an estate subject to the tax levied by	5832
section 5747.02 of the Revised Code.	5833

(D) "Taxable year" means a taxable year as defined in	5834
division (M) of section 5747.01 of the Revised Code.	5835

(E) "Taxable income" means:

5836

(1) In the case of an individual, one of the following, as	5837
specified in the resolution imposing the tax:	5838

(a) Ohio adjusted gross income for the taxable year as	5839
defined in division (A) of section 5747.01 of the Revised Code,	5840
less the exemptions provided by section 5747.02 of the Revised	5841
Code;	5842

(b) Wages, salaries, tips, and other employee compensation to	5843
the extent included in Ohio adjusted gross income as defined in	5844
section 5747.01 of the Revised Code, and net earnings from	5845
self-employment, as defined in section 1402(a) of the Internal	5846
Revenue Code, to the extent included in Ohio adjusted gross	5847
income.	5848

(2) In the case of an estate, taxable income for the taxable	5849
year as defined in division (S) of section 5747.01 of the Revised	5850
Code.	5851

(F) "Resident" of the school district means:

5852

(1) An individual who is a resident of this state as defined	5853
in division (I) of section 5747.01 of the Revised Code during all	5854
or a portion of the taxable year and who, during all or a portion	5855
of such period of state residency, is domiciled in the school	5856
district or lives in and maintains a permanent place of abode in	5857
the school district;	5858

(2) An estate of a decedent who, at the time of death, was	5859
domiciled in the school district.	5860

(G) "School district income" means:

5861

(1) With respect to an individual, the portion of the taxable	5862
income of an individual that is received by the individual during	5863
the portion of the taxable year that the individual is a resident	5864
of the school district and the school district income tax is in	5865
effect in that school district. An individual may have school	5866
district income with respect to more than one school district.	5867

(2) With respect to an estate, the taxable income of the	5868
estate for the portion of the taxable year that the school	5869
district income tax is in effect in that school district.	5870

(H) "Taxpayer" means an individual or estate having school	5871
district income upon which a school district income tax is	5872
imposed.	5873

(I) "School district purposes" means any of the purposes for	5874
which a tax may be levied pursuant to division (A) of section	5875
5705.21 of the Revised Code, including the combined purposes	5876
authorized by section 5705.217 of the Revised Code.	5877

Section 2. That existing sections 124.36, 2903.13, 2921.02,	5878
3302.03, 3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74,	5879
3311.76, 3313.41, 3313.411, 3313.975, 3314.012, 3314.016, 3314.10,	5880
3314.35, 3314.36, 3316.07, 3318.08, 3319.02, 3319.071, 3319.10,	5881
3319.112, 3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151,	5882
3319.18, 3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215,	5883
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 of the Revised	5884
Code are hereby repealed.	5885

Section 3. The amendment by this act of sections 5705.192,	5886
5705.21, 5705.212, 5705.215, 5705.216, 5705.218, 5705.251,	5887
5705.261, and 5748.01 of the Revised Code apply to any proceedings	5888
commenced after their effective date, and, so far as their	5889
provisions support the actions taken, also apply to any	5890
proceedings that on their effective date are pending, in progress,	5891
or completed, to any elections authorized, conducted, or	5892
certified, and to securities authorized or issued pursuant to	5893
those proceedings, notwithstanding any law, resolution, ordinance,	5894
order, advertisement, notice, or other proceeding in effect before	5895
their effective date. Any proceedings pending or in progress on,	5896
or completed by or before, the effective date of those amendments,	5897
elections authorized, conducted, or certified, and securities	5898
sold, issued, and delivered, or validated, pursuant to those	5899
proceedings, shall be deemed to have been taken, authorized,	5900
conducted, certified, sold, issued, delivered, or validated in	5901
conformity with those amendments so far as their provisions	5902
support the actions taken, and are hereby ratified and confirmed.	5903

The amendment by this act of sections 5705.192, 5705.21,	5904
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and	5905
5748.01 of the Revised Code provide additional or supplemental	5906
provisions for subject matter that may also be the subject of	5907
other laws, and is intended to be supplemental to, and not in	5908
derogation of, any similar authority provided by, derived from, or	5909
implied by, the Constitution of Ohio, or any other law, including	5910
laws amended by this act, or any charter, order, resolution, or	5911
ordinance; and those amendments to sections 5705.192, 5705.21,	5912
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and	5913
5748.01 of the Revised Code shall not be interpreted to negate the	5914
authority provided by, derived from, or implied by such	5915
Constitution of Ohio, laws, charters, orders, resolutions, or	5916
ordinances.	5917

The provisions of law enacted, amended, or repealed by this	5918
act, as existed prior to the act's effective date, shall be deemed	5919
to remain applicable to any actions taken, including any election	5920
held or any securities issued pursuant to or in reliance on them.	5921