|
|
To amend sections 124.36, 2903.13, 2921.02, 3302.03, | 1 |
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, | 2 |
3311.74, 3311.76, 3313.975, 3314.10, 3316.07, | 3 |
3319.02, 3319.071, 3319.10, 3319.112, 3319.12, | 4 |
3319.13, 3319.14, 3319.141, 3319.143, 3319.151, | 5 |
3319.18, 3319.283, 4141.29, 5705.192, 5705.21, | 6 |
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, | 7 |
5705.261, and 5748.01 and to enact sections | 8 |
3311.741, 3311.742, 3311.751, and 3311.77 to | 9 |
3311.87 of the Revised Code to revise the | 10 |
management of municipal school districts and | 11 |
community schools located within municipal school | 12 |
districts; to permit the establishment of a | 13 |
Municipal School District Transformation Alliance; | 14 |
to expand the offense of bribery to cover | 15 |
directors, officers, and employees of the | 16 |
Alliance; and to authorize municipal school | 17 |
districts to levy property taxes the revenue from | 18 |
which may be shared with partnering community | 19 |
schools. | 20 |
Section 1. That sections 124.36, 2903.13, 2921.02, 3302.03, | 21 |
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, 3311.76, | 22 |
3313.975, 3314.10, 3316.07, 3319.02, 3319.071, 3319.10, 3319.112, | 23 |
3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, 3319.18, | 24 |
3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215, | 25 |
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 be amended and | 26 |
sections 3311.741, 3311.742, 3311.751, 3311.77, 3311.78, 3311.79, | 27 |
3311.80, 3311.81, 3311.82, 3311.83, 3311.84, 3311.85, 3311.86, and | 28 |
3311.87 of the Revised Code be enacted to read as follows: | 29 |
Sec. 124.36. It shall be sufficient cause for the removal of | 30 |
any public employees including teachers in the public schools or | 31 |
any state supported educational institution when such public | 32 |
employee or teacher advocates or willfully retains membership in | 33 |
an organization which advocates overthrow of the government of the | 34 |
United States or of the state, by force, violence or other | 35 |
unlawful means. | 36 |
The procedure for the termination of a contract of a teacher | 37 |
under the provisions of this section shall be in the manner set | 38 |
forth in section 3311.82 or 3319.16 of the Revised Code. The | 39 |
procedure for the removal of all other public employees under the | 40 |
provisions of this section shall be the same as is provided in | 41 |
section 124.34 of the Revised Code, except that the decision of | 42 |
the state personnel board of review or the municipal civil service | 43 |
commission shall be subject to appeal to the court of common pleas | 44 |
of the county in which such public employees are employed to | 45 |
determine the sufficiency of the cause of removal. Such appeal | 46 |
shall be taken within ten days from the finding of the board or | 47 |
commission. | 48 |
Sec. 2903.13. (A) No person shall knowingly cause or attempt | 49 |
to cause physical harm to another or to another's unborn. | 50 |
(B) No person shall recklessly cause serious physical harm to | 51 |
another or to another's unborn. | 52 |
(C) Whoever violates this section is guilty of assault, and | 53 |
the court shall sentence the offender as provided in this division | 54 |
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section. | 55 |
Except as otherwise provided in division (C)(1), (2), (3), (4), or | 56 |
(5) of this section, assault is a misdemeanor of the first degree. | 57 |
(1) Except as otherwise provided in this division, if the | 58 |
offense is committed by a caretaker against a functionally | 59 |
impaired person under the caretaker's care, assault is a felony of | 60 |
the fourth degree. If the offense is committed by a caretaker | 61 |
against a functionally impaired person under the caretaker's care, | 62 |
if the offender previously has been convicted of or pleaded guilty | 63 |
to a violation of this section or section 2903.11 or 2903.16 of | 64 |
the Revised Code, and if in relation to the previous conviction | 65 |
the offender was a caretaker and the victim was a functionally | 66 |
impaired person under the offender's care, assault is a felony of | 67 |
the third degree. | 68 |
(2) If the offense is committed in any of the following | 69 |
circumstances, assault is a felony of the fifth degree: | 70 |
(a) The offense occurs in or on the grounds of a state | 71 |
correctional institution or an institution of the department of | 72 |
youth services, the victim of the offense is an employee of the | 73 |
department of rehabilitation and correction, the department of | 74 |
youth services, or a probation department or is on the premises of | 75 |
the particular institution for business purposes or as a visitor, | 76 |
and the offense is committed by a person incarcerated in the state | 77 |
correctional institution, by a person institutionalized in the | 78 |
department of youth services institution pursuant to a commitment | 79 |
to the department of youth services, by a parolee, by an offender | 80 |
under transitional control, under a community control sanction, or | 81 |
on an escorted visit, by a person under post-release control, or | 82 |
by an offender under any other type of supervision by a government | 83 |
agency. | 84 |
(b) The offense occurs in or on the grounds of a local | 85 |
correctional facility, the victim of the offense is an employee of | 86 |
the local correctional facility or a probation department or is on | 87 |
the premises of the facility for business purposes or as a | 88 |
visitor, and the offense is committed by a person who is under | 89 |
custody in the facility subsequent to the person's arrest for any | 90 |
crime or delinquent act, subsequent to the person's being charged | 91 |
with or convicted of any crime, or subsequent to the person's | 92 |
being alleged to be or adjudicated a delinquent child. | 93 |
(c) The offense occurs off the grounds of a state | 94 |
correctional institution and off the grounds of an institution of | 95 |
the department of youth services, the victim of the offense is an | 96 |
employee of the department of rehabilitation and correction, the | 97 |
department of youth services, or a probation department, the | 98 |
offense occurs during the employee's official work hours and while | 99 |
the employee is engaged in official work responsibilities, and the | 100 |
offense is committed by a person incarcerated in a state | 101 |
correctional institution or institutionalized in the department of | 102 |
youth services who temporarily is outside of the institution for | 103 |
any purpose, by a parolee, by an offender under transitional | 104 |
control, under a community control sanction, or on an escorted | 105 |
visit, by a person under post-release control, or by an offender | 106 |
under any other type of supervision by a government agency. | 107 |
(d) The offense occurs off the grounds of a local | 108 |
correctional facility, the victim of the offense is an employee of | 109 |
the local correctional facility or a probation department, the | 110 |
offense occurs during the employee's official work hours and while | 111 |
the employee is engaged in official work responsibilities, and the | 112 |
offense is committed by a person who is under custody in the | 113 |
facility subsequent to the person's arrest for any crime or | 114 |
delinquent act, subsequent to the person being charged with or | 115 |
convicted of any crime, or subsequent to the person being alleged | 116 |
to be or adjudicated a delinquent child and who temporarily is | 117 |
outside of the facility for any purpose or by a parolee, by an | 118 |
offender under transitional control, under a community control | 119 |
sanction, or on an escorted visit, by a person under post-release | 120 |
control, or by an offender under any other type of supervision by | 121 |
a government agency. | 122 |
(e) The victim of the offense is a school teacher or | 123 |
administrator or a school bus operator, and the offense occurs in | 124 |
a school, on school premises, in a school building, on a school | 125 |
bus, or while the victim is outside of school premises or a school | 126 |
bus and is engaged in duties or official responsibilities | 127 |
associated with the victim's employment or position as a school | 128 |
teacher or administrator or a school bus operator, including, but | 129 |
not limited to, driving, accompanying, or chaperoning students at | 130 |
or on class or field trips, athletic events, or other school | 131 |
extracurricular activities or functions outside of school | 132 |
premises. | 133 |
(3) If the victim of the offense is a peace officer or an | 134 |
investigator of the bureau of criminal identification and | 135 |
investigation, a firefighter, or a person performing emergency | 136 |
medical service, while in the performance of their official | 137 |
duties, assault is a felony of the fourth degree. | 138 |
(4) If the victim of the offense is a peace officer or an | 139 |
investigator of the bureau of criminal identification and | 140 |
investigation and if the victim suffered serious physical harm as | 141 |
a result of the commission of the offense, assault is a felony of | 142 |
the fourth degree, and the court, pursuant to division (F) of | 143 |
section 2929.13 of the Revised Code, shall impose as a mandatory | 144 |
prison term one of the prison terms prescribed for a felony of the | 145 |
fourth degree that is at least twelve months in duration. | 146 |
(5) If the victim of the offense is an officer or employee of | 147 |
a public children services agency or a private child placing | 148 |
agency and the offense relates to the officer's or employee's | 149 |
performance or anticipated performance of official | 150 |
responsibilities or duties, assault is either a felony of the | 151 |
fifth degree or, if the offender previously has been convicted of | 152 |
or pleaded guilty to an offense of violence, the victim of that | 153 |
prior offense was an officer or employee of a public children | 154 |
services agency or private child placing agency, and that prior | 155 |
offense related to the officer's or employee's performance or | 156 |
anticipated performance of official responsibilities or duties, a | 157 |
felony of the fourth degree. | 158 |
(6) If an offender who is convicted of or pleads guilty to | 159 |
assault when it is a misdemeanor also is convicted of or pleads | 160 |
guilty to a specification as described in section 2941.1423 of the | 161 |
Revised Code that was included in the indictment, count in the | 162 |
indictment, or information charging the offense, the court shall | 163 |
sentence the offender to a mandatory jail term as provided in | 164 |
division (G) of section 2929.24 of the Revised Code. | 165 |
If an offender who is convicted of or pleads guilty to | 166 |
assault when it is a felony also is convicted of or pleads guilty | 167 |
to a specification as described in section 2941.1423 of the | 168 |
Revised Code that was included in the indictment, count in the | 169 |
indictment, or information charging the offense, except as | 170 |
otherwise provided in division (C)(4) of this section, the court | 171 |
shall sentence the offender to a mandatory prison term as provided | 172 |
in division (B)(8) of section 2929.14 of the Revised Code. | 173 |
(D) As used in this section: | 174 |
(1) "Peace officer" has the same meaning as in section | 175 |
2935.01 of the Revised Code. | 176 |
(2) "Firefighter" has the same meaning as in section 3937.41 | 177 |
of the Revised Code. | 178 |
(3) "Emergency medical service" has the same meaning as in | 179 |
section 4765.01 of the Revised Code. | 180 |
(4) "Local correctional facility" means a county, | 181 |
multicounty, municipal, municipal-county, or multicounty-municipal | 182 |
jail or workhouse, a minimum security jail established under | 183 |
section 341.23 or 753.21 of the Revised Code, or another county, | 184 |
multicounty, municipal, municipal-county, or multicounty-municipal | 185 |
facility used for the custody of persons arrested for any crime or | 186 |
delinquent act, persons charged with or convicted of any crime, or | 187 |
persons alleged to be or adjudicated a delinquent child. | 188 |
(5) "Employee of a local correctional facility" means a | 189 |
person who is an employee of the political subdivision or of one | 190 |
or more of the affiliated political subdivisions that operates the | 191 |
local correctional facility and who operates or assists in the | 192 |
operation of the facility. | 193 |
(6) "School teacher or administrator" means either of the | 194 |
following: | 195 |
(a) A person who is employed in the public schools of the | 196 |
state under a contract described in section 3311.77 or 3319.08 of | 197 |
the Revised Code in a position in which the person is required to | 198 |
have a certificate issued pursuant to sections 3319.22 to 3319.311 | 199 |
of the Revised Code. | 200 |
(b) A person who is employed by a nonpublic school for which | 201 |
the state board of education prescribes minimum standards under | 202 |
section 3301.07 of the Revised Code and who is certificated in | 203 |
accordance with section 3301.071 of the Revised Code. | 204 |
(7) "Community control sanction" has the same meaning as in | 205 |
section 2929.01 of the Revised Code. | 206 |
(8) "Escorted visit" means an escorted visit granted under | 207 |
section 2967.27 of the Revised Code. | 208 |
(9) "Post-release control" and "transitional control" have | 209 |
the same meanings as in section 2967.01 of the Revised Code. | 210 |
(10) "Investigator of the bureau of criminal identification | 211 |
and investigation" has the same meaning as in section 2903.11 of | 212 |
the Revised Code. | 213 |
Sec. 2921.02. (A) No person, with purpose to corrupt a | 214 |
public servant or party official, or improperly to influence | 215 |
public servant or party official with respect to the discharge of | 216 |
217 | |
or after | 218 |
appointed, qualified, employed, summoned, or sworn, shall promise, | 219 |
offer, or give any valuable thing or valuable benefit. | 220 |
(B) No person, either before or after | 221 |
elected, appointed, qualified, employed, summoned, or sworn as a | 222 |
public servant or party official, shall knowingly solicit or | 223 |
accept for
| 224 |
valuable benefit to corrupt or improperly influence | 225 |
or another public servant or party official with respect to the | 226 |
discharge of | 227 |
party official's duty. | 228 |
(C) No person, with purpose to corrupt a witness or | 229 |
improperly to influence | 230 |
witness's testimony in an official proceeding, either before or | 231 |
after | 232 |
or give | 233 |
valuable benefit. | 234 |
(D) No person, either before or after | 235 |
subpoenaed or sworn as a witness, shall knowingly solicit or | 236 |
accept for | 237 |
valuable benefit to corrupt or improperly influence | 238 |
another person with respect to | 239 |
proceeding. | 240 |
(E) No person, with purpose to corrupt a director, officer, | 241 |
or employee of a municipal school district transformation alliance | 242 |
established under section 3311.86 of the Revised Code, or | 243 |
improperly to influence a director, officer, or employee of a | 244 |
municipal school district transformation alliance with respect to | 245 |
the discharge of the director's, officer's, or employee's duties, | 246 |
whether before or after the director, officer, or employee is | 247 |
appointed or employed, shall promise, offer, or give the director, | 248 |
officer, or employee any valuable thing or valuable benefit. | 249 |
(F) No person, either before or after the person is appointed | 250 |
or employed as a director, officer, or employee of a municipal | 251 |
school district transformation alliance established under section | 252 |
3311.86 of the Revised Code, shall knowingly solicit or accept for | 253 |
self or another person any valuable thing or valuable benefit to | 254 |
corrupt or improperly influence the person or another director, | 255 |
officer, or employee of a municipal school district transformation | 256 |
alliance with respect to the discharge of the person's or other | 257 |
director's, officer's, or employee's duties. | 258 |
(G) Whoever violates this section is guilty of bribery, a | 259 |
felony of the third degree. | 260 |
| 261 |
officer, or employee of a municipal school district transformation | 262 |
alliance established under section 3311.86 of the Revised Code, | 263 |
who is convicted of bribery is forever disqualified from holding | 264 |
any public office, employment, or position of trust in this state. | 265 |
Sec. 3302.03. (A) Annually the department of education shall | 266 |
report for each school district and each school building in a | 267 |
district all of the following: | 268 |
(1) The extent to which the school district or building meets | 269 |
each of the applicable performance indicators created by the state | 270 |
board of education under section 3302.02 of the Revised Code and | 271 |
the number of applicable performance indicators that have been | 272 |
achieved; | 273 |
(2) The performance index score of the school district or | 274 |
building; | 275 |
(3) Whether the school district or building has made adequate | 276 |
yearly progress; | 277 |
(4) Whether the school district or building is excellent, | 278 |
effective, needs continuous improvement, is under an academic | 279 |
watch, or is in a state of academic emergency. | 280 |
(B) Except as otherwise provided in division (B)(6) of this | 281 |
section: | 282 |
(1) A school district or building shall be declared excellent | 283 |
if it meets at least ninety-four per cent of the applicable state | 284 |
performance indicators or has a performance index score | 285 |
established by the department, except that if it does not make | 286 |
adequate yearly progress for two or more of the same subgroups for | 287 |
three or more consecutive years, it shall be declared effective. | 288 |
(2) A school district or building shall be declared effective | 289 |
if it meets at least seventy-five per cent but less than | 290 |
ninety-four per cent of the applicable state performance | 291 |
indicators or has a performance index score established by the | 292 |
department, except that if it does not make adequate yearly | 293 |
progress for two or more of the same subgroups for three or more | 294 |
consecutive years, it shall be declared in need of continuous | 295 |
improvement. | 296 |
(3) A school district or building shall be declared to be in | 297 |
need of continuous improvement if it fulfills one of the following | 298 |
requirements: | 299 |
(a) It makes adequate yearly progress, meets less than | 300 |
seventy-five per cent of the applicable state performance | 301 |
indicators, and has a performance index score established by the | 302 |
department. | 303 |
(b) It does not make adequate yearly progress and either | 304 |
meets at least fifty per cent but less than seventy-five per cent | 305 |
of the applicable state performance indicators or has a | 306 |
performance index score established by the department. | 307 |
(4) A school district or building shall be declared to be | 308 |
under an academic watch if it does not make adequate yearly | 309 |
progress and either meets at least thirty-one per cent but less | 310 |
than fifty per cent of the applicable state performance indicators | 311 |
or has a performance index score established by the department. | 312 |
(5) A school district or building shall be declared to be in | 313 |
a state of academic emergency if it does not make adequate yearly | 314 |
progress, does not meet at least thirty-one per cent of the | 315 |
applicable state performance indicators, and has a performance | 316 |
index score established by the department. | 317 |
(6) Division (B)(6) of this section does not apply to any | 318 |
community school established under Chapter 3314. of the Revised | 319 |
Code in which a majority of the students are enrolled in a dropout | 320 |
prevention and recovery program. | 321 |
A school district or building shall not be assigned a higher | 322 |
performance rating than in need of continuous improvement if at | 323 |
least ten per cent but not more than fifteen per cent of the | 324 |
enrolled students do not take all achievement assessments | 325 |
prescribed for their grade level under division (A)(1) or (B)(1) | 326 |
of section 3301.0710 of the Revised Code from which they are not | 327 |
excused pursuant to division (C)(1) or (3) of section 3301.0711 of | 328 |
the Revised Code. A school district or building shall not be | 329 |
assigned a higher performance rating than under an academic watch | 330 |
if more than fifteen per cent but not more than twenty per cent of | 331 |
the enrolled students do not take all achievement assessments | 332 |
prescribed for their grade level under division (A)(1) or (B)(1) | 333 |
of section 3301.0710 of the Revised Code from which they are not | 334 |
excused pursuant to division (C)(1) or (3) of section 3301.0711 of | 335 |
the Revised Code. A school district or building shall not be | 336 |
assigned a higher performance rating than in a state of academic | 337 |
emergency if more than twenty per cent of the enrolled students do | 338 |
not take all achievement assessments prescribed for their grade | 339 |
level under division (A)(1) or (B)(1) of section 3301.0710 of the | 340 |
Revised Code from which they are not excused pursuant to division | 341 |
(C)(1) or (3) of section 3301.0711 of the Revised Code. | 342 |
(C)(1) The department shall issue annual report cards for | 343 |
each school district, each building within each district, and for | 344 |
the state as a whole reflecting performance on the indicators | 345 |
created by the state board under section 3302.02 of the Revised | 346 |
Code, the performance index score, and adequate yearly progress. | 347 |
(2) The department shall include on the report card for each | 348 |
district information pertaining to any change from the previous | 349 |
year made by the school district or school buildings within the | 350 |
district on any performance indicator. | 351 |
(3) When reporting data on student performance, the | 352 |
department shall disaggregate that data according to the following | 353 |
categories: | 354 |
(a) Performance of students by age group; | 355 |
(b) Performance of students by race and ethnic group; | 356 |
(c) Performance of students by gender; | 357 |
(d) Performance of students grouped by those who have been | 358 |
enrolled in a district or school for three or more years; | 359 |
(e) Performance of students grouped by those who have been | 360 |
enrolled in a district or school for more than one year and less | 361 |
than three years; | 362 |
(f) Performance of students grouped by those who have been | 363 |
enrolled in a district or school for one year or less; | 364 |
(g) Performance of students grouped by those who are | 365 |
economically disadvantaged; | 366 |
(h) Performance of students grouped by those who are enrolled | 367 |
in a conversion community school established under Chapter 3314. | 368 |
of the Revised Code; | 369 |
(i) Performance of students grouped by those who are | 370 |
classified as limited English proficient; | 371 |
(j) Performance of students grouped by those who have | 372 |
disabilities; | 373 |
(k) Performance of students grouped by those who are | 374 |
classified as migrants; | 375 |
(l) Performance of students grouped by those who are | 376 |
identified as gifted pursuant to Chapter 3324. of the Revised | 377 |
Code. | 378 |
The department may disaggregate data on student performance | 379 |
according to other categories that the department determines are | 380 |
appropriate. To the extent possible, the department shall | 381 |
disaggregate data on student performance according to any | 382 |
combinations of two or more of the categories listed in divisions | 383 |
(C)(3)(a) to (l) of this section that it deems relevant. | 384 |
In reporting data pursuant to division (C)(3) of this | 385 |
section, the department shall not include in the report cards any | 386 |
data statistical in nature that is statistically unreliable or | 387 |
that could result in the identification of individual students. | 388 |
For this purpose, the department shall not report student | 389 |
performance data for any group identified in division (C)(3) of | 390 |
this section that contains less than ten students. | 391 |
(4) The department may include with the report cards any | 392 |
additional education and fiscal performance data it deems | 393 |
valuable. | 394 |
(5) The department shall include on each report card a list | 395 |
of additional information collected by the department that is | 396 |
available regarding the district or building for which the report | 397 |
card is issued. When available, such additional information shall | 398 |
include student mobility data disaggregated by race and | 399 |
socioeconomic status, college enrollment data, and the reports | 400 |
prepared under section 3302.031 of the Revised Code. | 401 |
The department shall maintain a site on the world wide web. | 402 |
The report card shall include the address of the site and shall | 403 |
specify that such additional information is available to the | 404 |
public at that site. The department shall also provide a copy of | 405 |
each item on the list to the superintendent of each school | 406 |
district. The district superintendent shall provide a copy of any | 407 |
item on the list to anyone who requests it. | 408 |
(6) | 409 |
apply to conversion community schools that primarily enroll | 410 |
students between sixteen and twenty-two years of age who dropped | 411 |
out of high school or are at risk of dropping out of high school | 412 |
due to poor attendance, disciplinary problems, or suspensions. | 413 |
(a) For any district that sponsors a conversion community | 414 |
school under Chapter 3314. of the Revised Code, the department | 415 |
shall combine data regarding the academic performance of students | 416 |
enrolled in the community school with comparable data from the | 417 |
schools of the district for the purpose of calculating the | 418 |
performance of the district as a whole on the report card issued | 419 |
for the district. | 420 |
(b) Any district that leases a building to a community school | 421 |
located in the district or that enters into an agreement with a | 422 |
community school located in the district whereby the district and | 423 |
the school endorse each other's programs may elect to have data | 424 |
regarding the academic performance of students enrolled in the | 425 |
community school combined with comparable data from the schools of | 426 |
the district for the purpose of calculating the performance of the | 427 |
district as a whole on the district report card. Any district that | 428 |
so elects shall annually file a copy of the lease or agreement | 429 |
with the department. | 430 |
(c) Any municipal school district, as defined in section | 431 |
3311.71 of the Revised Code, that sponsors a community school | 432 |
located within the district's territory, or that enters into an | 433 |
agreement with a community school located within the district's | 434 |
territory whereby the district and the community school endorse | 435 |
each other's programs, may exercise either or both of the | 436 |
following elections: | 437 |
(i) To have data regarding the academic performance of | 438 |
students enrolled in that community school combined with | 439 |
comparable data from the schools of the district for the purpose | 440 |
of calculating the performance of the district as a whole on the | 441 |
district's report card; | 442 |
(ii) To have the number of students attending that community | 443 |
school noted separately on the district's report card. | 444 |
The election authorized under division (C)(6)(c)(i) of this | 445 |
section is subject to approval by the governing authority of the | 446 |
community school. | 447 |
Any municipal school district that exercises an election to | 448 |
combine or include data under division (C)(6)(c) of this section, | 449 |
by the first day of October of each year, shall file with the | 450 |
department documentation indicating eligibility for that election, | 451 |
as required by the department. | 452 |
(7) The department shall include on each report card the | 454 |
percentage of teachers in the district or building who are highly | 455 |
qualified, as defined by the "No Child Left Behind Act of 2001," | 456 |
and a comparison of that percentage with the percentages of such | 457 |
teachers in similar districts and buildings. | 458 |
(8) The department shall include on the report card the | 459 |
number of lead teachers employed by each district and each | 460 |
building once the data is available from the education management | 461 |
information system established under section 3301.0714 of the | 462 |
Revised Code. | 463 |
(D)(1) In calculating English language arts, mathematics, | 464 |
social studies, or science assessment passage rates used to | 465 |
determine school district or building performance under this | 466 |
section, the department shall include all students taking an | 467 |
assessment with accommodation or to whom an alternate assessment | 468 |
is administered pursuant to division (C)(1) or (3) of section | 469 |
3301.0711 of the Revised Code. | 470 |
(2) In calculating performance index scores, rates of | 471 |
achievement on the performance indicators established by the state | 472 |
board under section 3302.02 of the Revised Code, and adequate | 473 |
yearly progress for school districts and buildings under this | 474 |
section, the department shall do all of the following: | 475 |
(a) Include for each district or building only those students | 476 |
who are included in the ADM certified for the first full school | 477 |
week of October and are continuously enrolled in the district or | 478 |
building through the time of the spring administration of any | 479 |
assessment prescribed by division (A)(1) or (B)(1) of section | 480 |
3301.0710 of the Revised Code that is administered to the | 481 |
student's grade level; | 482 |
(b) Include cumulative totals from both the fall and spring | 483 |
administrations of the third grade English language arts | 484 |
achievement assessment; | 485 |
(c) Except as required by the "No Child Left Behind Act of | 486 |
2001" for the calculation of adequate yearly progress, exclude for | 487 |
each district or building any limited English proficient student | 488 |
who has been enrolled in United States schools for less than one | 489 |
full school year. | 490 |
Sec. 3302.04. (A) The department of education shall | 491 |
establish a system of intensive, ongoing support for the | 492 |
improvement of school districts and school buildings. In | 493 |
accordance with the model of differentiated accountability | 494 |
described in section 3302.041 of the Revised Code, the system | 495 |
shall give priority to districts and buildings that have been | 496 |
declared to be under an academic watch or in a state of academic | 497 |
emergency under section 3302.03 of the Revised Code and shall | 498 |
include services provided to districts and buildings through | 499 |
regional service providers, such as educational service centers. | 500 |
(B) This division does not apply to any school district after | 501 |
June 30, 2008. | 502 |
When a school district has been notified by the department | 503 |
pursuant to division (A) of section 3302.03 of the Revised Code | 504 |
that the district or a building within the district has failed to | 505 |
make adequate yearly progress for two consecutive school years, | 506 |
the district shall develop a three-year continuous improvement | 507 |
plan for the district or building containing each of the | 508 |
following: | 509 |
(1) An analysis of the reasons for the failure of the | 510 |
district or building to meet any of the applicable performance | 511 |
indicators established under section 3302.02 of the Revised Code | 512 |
that it did not meet and an analysis of the reasons for its | 513 |
failure to make adequate yearly progress; | 514 |
(2) Specific strategies that the district or building will | 515 |
use to address the problems in academic achievement identified in | 516 |
division (B)(1) of this section; | 517 |
(3) Identification of the resources that the district will | 518 |
allocate toward improving the academic achievement of the district | 519 |
or building; | 520 |
(4) A description of any progress that the district or | 521 |
building made in the preceding year toward improving its academic | 522 |
achievement; | 523 |
(5) An analysis of how the district is utilizing the | 524 |
professional development standards adopted by the state board | 525 |
pursuant to section 3319.61 of the Revised Code; | 526 |
(6) Strategies that the district or building will use to | 527 |
improve the cultural competency, as defined pursuant to section | 528 |
3319.61 of the Revised Code, of teachers and other educators. | 529 |
No three-year continuous improvement plan shall be developed | 530 |
or adopted pursuant to this division unless at least one public | 531 |
hearing is held within the affected school district or building | 532 |
concerning the final draft of the plan. Notice of the hearing | 533 |
shall be given two weeks prior to the hearing by publication in | 534 |
one newspaper of general circulation within the territory of the | 535 |
affected school district or building. Copies of the plan shall be | 536 |
made available to the public. | 537 |
(C) When a school district or building has been notified by | 538 |
the department pursuant to division (A) of section 3302.03 of the | 539 |
Revised Code that the district or building is under an academic | 540 |
watch or in a state of academic emergency, the district or | 541 |
building shall be subject to any rules establishing intervention | 542 |
in academic watch or emergency school districts or buildings. | 543 |
(D)(1) Within one hundred twenty days after any school | 544 |
district or building is declared to be in a state of academic | 545 |
emergency under section 3302.03 of the Revised Code, the | 546 |
department may initiate a site evaluation of the building or | 547 |
school district. | 548 |
(2) Division (D)(2) of this section does not apply to any | 549 |
school district after June 30, 2008. | 550 |
If any school district that is declared to be in a state of | 551 |
academic emergency or in a state of academic watch under section | 552 |
3302.03 of the Revised Code or encompasses a building that is | 553 |
declared to be in a state of academic emergency or in a state of | 554 |
academic watch fails to demonstrate to the department satisfactory | 555 |
improvement of the district or applicable buildings or fails to | 556 |
submit to the department any information required under rules | 557 |
established by the state board of education, prior to approving a | 558 |
three-year continuous improvement plan under rules established by | 559 |
the state board of education, the department shall conduct a site | 560 |
evaluation of the school district or applicable buildings to | 561 |
determine whether the school district is in compliance with | 562 |
minimum standards established by law or rule. | 563 |
(3) Site evaluations conducted under divisions (D)(1) and (2) | 564 |
of this section shall include, but not be limited to, the | 565 |
following: | 566 |
(a) Determining whether teachers are assigned to subject | 567 |
areas for which they are licensed or certified; | 568 |
(b) Determining pupil-teacher ratios; | 569 |
(c) Examination of compliance with minimum instruction time | 570 |
requirements for each school day and for each school year; | 571 |
(d) Determining whether materials and equipment necessary to | 572 |
implement the curriculum approved by the school district board are | 573 |
available; | 574 |
(e) Examination of whether the teacher and principal | 575 |
evaluation systems comply with sections 3311.80, 3311.84, 3319.02, | 576 |
and 3319.111 of the Revised Code; | 577 |
(f) Examination of the adequacy of efforts to improve the | 578 |
cultural competency, as defined pursuant to section 3319.61 of the | 579 |
Revised Code, of teachers and other educators. | 580 |
(E) This division applies only to school districts that | 581 |
operate a school building that fails to make adequate yearly | 582 |
progress for two or more consecutive school years. It does not | 583 |
apply to any such district after June 30, 2008, except as provided | 584 |
in division (D)(2) of section 3313.97 of the Revised Code. | 585 |
(1) For any school building that fails to make adequate | 586 |
yearly progress for two consecutive school years, the district | 587 |
shall do all of the following: | 588 |
(a) Provide written notification of the academic issues that | 589 |
resulted in the building's failure to make adequate yearly | 590 |
progress to the parent or guardian of each student enrolled in the | 591 |
building. The notification shall also describe the actions being | 592 |
taken by the district or building to improve the academic | 593 |
performance of the building and any progress achieved toward that | 594 |
goal in the immediately preceding school year. | 595 |
(b) If the building receives funds under Title 1, Part A of | 596 |
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. | 597 |
6311 to 6339, from the district, in accordance with section | 598 |
3313.97 of the Revised Code, offer all students enrolled in the | 599 |
building the opportunity to enroll in an alternative building | 600 |
within the district that is not in school improvement status as | 601 |
defined by the "No Child Left Behind Act of 2001." Notwithstanding | 602 |
Chapter 3327. of the Revised Code, the district shall spend an | 603 |
amount equal to twenty per cent of the funds it receives under | 604 |
Title I, Part A of the "Elementary and Secondary Education Act of | 605 |
1965," 20 U.S.C. 6311 to 6339, to provide transportation for | 606 |
students who enroll in alternative buildings under this division, | 607 |
unless the district can satisfy all demand for transportation with | 608 |
a lesser amount. If an amount equal to twenty per cent of the | 609 |
funds the district receives under Title I, Part A of the | 610 |
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 | 611 |
to 6339, is insufficient to satisfy all demand for transportation, | 612 |
the district shall grant priority over all other students to the | 613 |
lowest achieving students among the subgroup described in division | 614 |
(B)(3) of section 3302.01 of the Revised Code in providing | 615 |
transportation. Any district that does not receive funds under | 616 |
Title I, Part A of the "Elementary and Secondary Education Act of | 617 |
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide | 618 |
transportation to any student who enrolls in an alternative | 619 |
building under this division. | 620 |
(2) For any school building that fails to make adequate | 621 |
yearly progress for three consecutive school years, the district | 622 |
shall do both of the following: | 623 |
(a) If the building receives funds under Title 1, Part A of | 624 |
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. | 625 |
6311 to 6339, from the district, in accordance with section | 626 |
3313.97 of the Revised Code, provide all students enrolled in the | 627 |
building the opportunity to enroll in an alternative building | 628 |
within the district that is not in school improvement status as | 629 |
defined by the "No Child Left Behind Act of 2001." Notwithstanding | 630 |
Chapter 3327. of the Revised Code, the district shall provide | 631 |
transportation for students who enroll in alternative buildings | 632 |
under this division to the extent required under division (E)(2) | 633 |
of this section. | 634 |
(b) If the building receives funds under Title 1, Part A of | 635 |
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. | 636 |
6311 to 6339, from the district, offer supplemental educational | 637 |
services to students who are enrolled in the building and who are | 638 |
in the subgroup described in division (B)(3) of section 3302.01 of | 639 |
the Revised Code. | 640 |
The district shall spend a combined total of an amount equal | 641 |
to twenty per cent of the funds it receives under Title I, Part A | 642 |
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. | 643 |
6311 to 6339, to provide transportation for students who enroll in | 644 |
alternative buildings under division (E)(1)(b) or (E)(2)(a) of | 645 |
this section and to pay the costs of the supplemental educational | 646 |
services provided to students under division (E)(2)(b) of this | 647 |
section, unless the district can satisfy all demand for | 648 |
transportation and pay the costs of supplemental educational | 649 |
services for those students who request them with a lesser amount. | 650 |
In allocating funds between the requirements of divisions | 651 |
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district | 652 |
shall spend at least an amount equal to five per cent of the funds | 653 |
it receives under Title I, Part A of the "Elementary and Secondary | 654 |
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide | 655 |
transportation for students who enroll in alternative buildings | 656 |
under division (E)(1)(b) or (E)(2)(a) of this section, unless the | 657 |
district can satisfy all demand for transportation with a lesser | 658 |
amount, and at least an amount equal to five per cent of the funds | 659 |
it receives under Title I, Part A of the "Elementary and Secondary | 660 |
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs | 661 |
of the supplemental educational services provided to students | 662 |
under division (E)(2)(b) of this section, unless the district can | 663 |
pay the costs of such services for all students requesting them | 664 |
with a lesser amount. If an amount equal to twenty per cent of the | 665 |
funds the district receives under Title I, Part A of the | 666 |
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 | 667 |
to 6339, is insufficient to satisfy all demand for transportation | 668 |
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay | 669 |
the costs of all of the supplemental educational services provided | 670 |
to students under division (E)(2)(b) of this section, the district | 671 |
shall grant priority over all other students in providing | 672 |
transportation and in paying the costs of supplemental educational | 673 |
services to the lowest achieving students among the subgroup | 674 |
described in division (B)(3) of section 3302.01 of the Revised | 675 |
Code. | 676 |
Any district that does not receive funds under Title I, Part | 677 |
A of the "Elementary and Secondary Education Act of 1965," 20 | 678 |
U.S.C. 6311 to 6339, shall not be required to provide | 679 |
transportation to any student who enrolls in an alternative | 680 |
building under division (E)(2)(a) of this section or to pay the | 681 |
costs of supplemental educational services provided to any student | 682 |
under division (E)(2)(b) of this section. | 683 |
No student who enrolls in an alternative building under | 684 |
division (E)(2)(a) of this section shall be eligible for | 685 |
supplemental educational services under division (E)(2)(b) of this | 686 |
section. | 687 |
(3) For any school building that fails to make adequate | 688 |
yearly progress for four consecutive school years, the district | 689 |
shall continue to comply with division (E)(2) of this section and | 690 |
shall implement at least one of the following options with respect | 691 |
to the building: | 692 |
(a) Institute a new curriculum that is consistent with the | 693 |
statewide academic standards adopted pursuant to division (A) of | 694 |
section 3301.079 of the Revised Code; | 695 |
(b) Decrease the degree of authority the building has to | 696 |
manage its internal operations; | 697 |
(c) Appoint an outside expert to make recommendations for | 698 |
improving the academic performance of the building. The district | 699 |
may request the department to establish a state intervention team | 700 |
for this purpose pursuant to division (G) of this section. | 701 |
(d) Extend the length of the school day or year; | 702 |
(e) Replace the building principal or other key personnel; | 703 |
(f) Reorganize the administrative structure of the building. | 704 |
(4) For any school building that fails to make adequate | 705 |
yearly progress for five consecutive school years, the district | 706 |
shall continue to comply with division (E)(2) of this section and | 707 |
shall develop a plan during the next succeeding school year to | 708 |
improve the academic performance of the building, which shall | 709 |
include at least one of the following options: | 710 |
(a) Reopen the school as a community school under Chapter | 711 |
3314. of the Revised Code; | 712 |
(b) Replace personnel; | 713 |
(c) Contract with a nonprofit or for-profit entity to operate | 714 |
the building; | 715 |
(d) Turn operation of the building over to the department; | 716 |
(e) Other significant restructuring of the building's | 717 |
governance. | 718 |
(5) For any school building that fails to make adequate | 719 |
yearly progress for six consecutive school years, the district | 720 |
shall continue to comply with division (E)(2) of this section and | 721 |
shall implement the plan developed pursuant to division (E)(4) of | 722 |
this section. | 723 |
(6) A district shall continue to comply with division | 724 |
(E)(1)(b) or (E)(2) of this section, whichever was most recently | 725 |
applicable, with respect to any building formerly subject to one | 726 |
of those divisions until the building makes adequate yearly | 727 |
progress for two consecutive school years. | 728 |
(F) This division applies only to school districts that have | 729 |
been identified for improvement by the department pursuant to the | 730 |
"No Child Left Behind Act of 2001." It does not apply to any such | 731 |
district after June 30, 2008. | 732 |
(1) If a school district has been identified for improvement | 733 |
for one school year, the district shall provide a written | 734 |
description of the continuous improvement plan developed by the | 735 |
district pursuant to division (B) of this section to the parent or | 736 |
guardian of each student enrolled in the district. If the district | 737 |
does not have a continuous improvement plan, the district shall | 738 |
develop such a plan in accordance with division (B) of this | 739 |
section and provide a written description of the plan to the | 740 |
parent or guardian of each student enrolled in the district. | 741 |
(2) If a school district has been identified for improvement | 742 |
for two consecutive school years, the district shall continue to | 743 |
implement the continuous improvement plan developed by the | 744 |
district pursuant to division (B) or (F)(1) of this section. | 745 |
(3) If a school district has been identified for improvement | 746 |
for three consecutive school years, the department shall take at | 747 |
least one of the following corrective actions with respect to the | 748 |
district: | 749 |
(a) Withhold a portion of the funds the district is entitled | 750 |
to receive under Title I, Part A of the "Elementary and Secondary | 751 |
Education Act of 1965," 20 U.S.C. 6311 to 6339; | 752 |
(b) Direct the district to replace key district personnel; | 753 |
(c) Institute a new curriculum that is consistent with the | 754 |
statewide academic standards adopted pursuant to division (A) of | 755 |
section 3301.079 of the Revised Code; | 756 |
(d) Establish alternative forms of governance for individual | 757 |
school buildings within the district; | 758 |
(e) Appoint a trustee to manage the district in place of the | 759 |
district superintendent and board of education. | 760 |
The department shall conduct individual audits of a sampling | 761 |
of districts subject to this division to determine compliance with | 762 |
the corrective actions taken by the department. | 763 |
(4) If a school district has been identified for improvement | 764 |
for four consecutive school years, the department shall continue | 765 |
to monitor implementation of the corrective action taken under | 766 |
division (F)(3) of this section with respect to the district. | 767 |
(5) If a school district has been identified for improvement | 768 |
for five consecutive school years, the department shall take at | 769 |
least one of the corrective actions identified in division (F)(3) | 770 |
of this section with respect to the district, provided that the | 771 |
corrective action the department takes is different from the | 772 |
corrective action previously taken under division (F)(3) of this | 773 |
section with respect to the district. | 774 |
(G) The department may establish a state intervention team to | 775 |
evaluate all aspects of a school district or building, including | 776 |
management, curriculum, instructional methods, resource | 777 |
allocation, and scheduling. Any such intervention team shall be | 778 |
appointed by the department and shall include teachers and | 779 |
administrators recognized as outstanding in their fields. The | 780 |
intervention team shall make recommendations regarding methods for | 781 |
improving the performance of the district or building. | 782 |
The department shall not approve a district's request for an | 783 |
intervention team under division (E)(3) of this section if the | 784 |
department cannot adequately fund the work of the team, unless the | 785 |
district agrees to pay for the expenses of the team. | 786 |
(H) The department shall conduct individual audits of a | 787 |
sampling of community schools established under Chapter 3314. of | 788 |
the Revised Code to determine compliance with this section. | 789 |
(I) The state board shall adopt rules for implementing this | 790 |
section. | 791 |
Sec. 3302.061. (A) A school district board of education shall | 792 |
review each application received under section 3302.06 of the | 793 |
Revised Code and, within sixty days after receipt of the | 794 |
application, shall approve or disapprove the application. In | 795 |
reviewing applications, the board shall give preference to | 796 |
applications that propose innovations in one or more of the | 797 |
following areas: | 798 |
(1) Curriculum; | 799 |
(2) Student assessments, other than the assessments | 800 |
prescribed by sections 3301.0710 and 3301.0712 of the Revised | 801 |
Code; | 802 |
(3) Class scheduling; | 803 |
(4) Accountability measures, including innovations that | 804 |
expand the number and variety of measures used in order to collect | 805 |
more complete data about student academic performance. For this | 806 |
purpose, schools may consider use of measures such as | 807 |
end-of-course examinations, portfolios of student work, nationally | 808 |
or internationally normed assessments, the percentage of students | 809 |
enrolling in post-secondary education, or the percentage of | 810 |
students simultaneously obtaining a high school diploma and an | 811 |
associate's degree or certification to work in an industry or | 812 |
career field. | 813 |
(5) Provision of student services, including services for | 814 |
students who are disabled, identified as gifted under Chapter | 815 |
3324. of the Revised Code, limited English proficient, at risk of | 816 |
academic failure or dropping out, or at risk of suspension or | 817 |
expulsion; | 818 |
(6) Provision of health, counseling, or other social services | 819 |
to students; | 820 |
(7) Preparation of students for transition to higher | 821 |
education or the workforce; | 822 |
(8) Teacher recruitment, employment, and evaluation; | 823 |
(9) Compensation for school personnel; | 824 |
(10) Professional development; | 825 |
(11) School governance and the roles and responsibilities of | 826 |
principals; | 827 |
(12) Use of financial or other resources. | 828 |
(B)(1) If the board approves an application seeking | 829 |
designation as an innovation school, it shall so designate the | 830 |
school that submitted the application. If the board approves an | 831 |
application seeking designation as an innovation school zone, it | 832 |
shall so designate the participating schools that submitted the | 833 |
application. | 834 |
(2) If the board disapproves an application, it shall provide | 835 |
a written explanation of the basis for its decision to the school | 836 |
or schools that submitted the application. The school or schools | 837 |
may reapply for designation as an innovation school or innovation | 838 |
school zone at any time. | 839 |
(C) The board may approve an application that allows an | 840 |
innovation school or a school participating in an innovation | 841 |
school zone to determine the compensation of board employees | 842 |
working in the school, but the total compensation for all such | 843 |
employees shall not exceed the financial resources allocated to | 844 |
the school by the board. The school shall not be required to | 845 |
comply with the salary schedule adopted by the board under section | 846 |
3311.78, 3317.14, or 3317.141 of the Revised Code. The board may | 847 |
approve an application that allows an innovation school or a | 848 |
school participating in an innovation school zone to remove board | 849 |
employees from the school, but no employee shall be terminated | 850 |
except as provided in section 3311.82, 3319.081, or 3319.16 of the | 851 |
Revised Code. | 852 |
(D) The board may do either of the following at any time: | 853 |
(1) Designate a school as an innovation school by creating an | 854 |
innovation plan for that school and offering the school an | 855 |
opportunity to participate in the plan's creation; | 856 |
(2) Designate as an innovation school zone two or more | 857 |
schools that share common interests based on factors such as | 858 |
geographical proximity or similar educational programs or that | 859 |
serve the same classes of students as they advance to higher grade | 860 |
levels, by creating an innovation plan for those schools and | 861 |
offering the schools an opportunity to participate in the plan's | 862 |
creation. | 863 |
Sec. 3307.01. As used in this chapter: | 864 |
(A) "Employer" means the board of education, school district, | 865 |
governing authority of any community school established under | 866 |
Chapter 3314. of the Revised Code, a science, technology, | 867 |
engineering, and mathematics school established under Chapter | 868 |
3326. of the Revised Code, college, university, institution, or | 869 |
other agency within the state by which a teacher is employed and | 870 |
paid. | 871 |
(B) "Teacher" means all of the following: | 872 |
(1) Any person paid from public funds and employed in the | 873 |
public schools of the state under any type of contract described | 874 |
in section 3311.77 or 3319.08 of the Revised Code in a position | 875 |
for which the person is required to have a license issued pursuant | 876 |
to sections 3319.22 to 3319.31 of the Revised Code; | 877 |
(2) Any person employed as a teacher by a community school or | 878 |
a science, technology, engineering, and mathematics school | 879 |
pursuant to Chapter 3314. or 3326. of the Revised Code; | 880 |
(3) Any person having a license issued pursuant to sections | 881 |
3319.22 to 3319.31 of the Revised Code and employed in a public | 882 |
school in this state in an educational position, as determined by | 883 |
the state board of education, under programs provided for by | 884 |
federal acts or regulations and financed in whole or in part from | 885 |
federal funds, but for which no licensure requirements for the | 886 |
position can be made under the provisions of such federal acts or | 887 |
regulations; | 888 |
(4) Any other teacher or faculty member employed in any | 889 |
school, college, university, institution, or other agency wholly | 890 |
controlled and managed, and supported in whole or in part, by the | 891 |
state or any political subdivision thereof, including Central | 892 |
state university, Cleveland state university, and the university | 893 |
of Toledo; | 894 |
(5) The educational employees of the department of education, | 895 |
as determined by the state superintendent of public instruction. | 896 |
In all cases of doubt, the state teachers retirement board | 897 |
shall determine whether any person is a teacher, and its decision | 898 |
shall be final. | 899 |
"Teacher" does not include any eligible employee of a public | 900 |
institution of higher education, as defined in section 3305.01 of | 901 |
the Revised Code, who elects to participate in an alternative | 902 |
retirement plan established under Chapter 3305. of the Revised | 903 |
Code. | 904 |
(C) "Member" means any person included in the membership of | 905 |
the state teachers retirement system, which shall consist of all | 906 |
teachers and contributors as defined in divisions (B) and (D) of | 907 |
this section and all disability benefit recipients, as defined in | 908 |
section 3307.50 of the Revised Code. However, for purposes of this | 909 |
chapter, the following persons shall not be considered members: | 910 |
(1) A student, intern, or resident who is not a member while | 911 |
employed part-time by a school, college, or university at which | 912 |
the student, intern, or resident is regularly attending classes; | 913 |
(2) A person denied membership pursuant to section 3307.24 of | 914 |
the Revised Code; | 915 |
(3) An other system retirant, as defined in section 3307.35 | 916 |
of the Revised Code, or a superannuate; | 917 |
(4) An individual employed in a program established pursuant | 918 |
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 | 919 |
U.S.C.A. 1501. | 920 |
(D) "Contributor" means any person who has an account in the | 921 |
teachers' savings fund or defined contribution fund. | 922 |
(E) "Beneficiary" means any person eligible to receive, or in | 923 |
receipt of, a retirement allowance or other benefit provided by | 924 |
this chapter. | 925 |
(F) "Year" means the year beginning the first day of July and | 926 |
ending with the thirtieth day of June next following, except that | 927 |
for the purpose of determining final average salary under the plan | 928 |
described in sections 3307.50 to 3307.79 of the Revised Code, | 929 |
"year" may mean the contract year. | 930 |
(G) "Local district pension system" means any school teachers | 931 |
pension fund created in any school district of the state in | 932 |
accordance with the laws of the state prior to September 1, 1920. | 933 |
(H) "Employer contribution" means the amount paid by an | 934 |
employer, as determined by the employer rate, including the normal | 935 |
and deficiency rates, contributions, and funds wherever used in | 936 |
this chapter. | 937 |
(I) "Five years of service credit" means employment covered | 938 |
under this chapter and employment covered under a former | 939 |
retirement plan operated, recognized, or endorsed by a college, | 940 |
institute, university, or political subdivision of this state | 941 |
prior to coverage under this chapter. | 942 |
(J) "Actuary" means the actuarial consultant to the state | 943 |
teachers retirement board, who shall be either of the following: | 944 |
(1) A member of the American academy of actuaries; | 945 |
(2) A firm, partnership, or corporation of which at least one | 946 |
person is a member of the American academy of actuaries. | 947 |
(K) "Fiduciary" means a person who does any of the following: | 948 |
(1) Exercises any discretionary authority or control with | 949 |
respect to the management of the system, or with respect to the | 950 |
management or disposition of its assets; | 951 |
(2) Renders investment advice for a fee, direct or indirect, | 952 |
with respect to money or property of the system; | 953 |
(3) Has any discretionary authority or responsibility in the | 954 |
administration of the system. | 955 |
(L)(1) Except as provided in this division, "compensation" | 956 |
means all salary, wages, and other earnings paid to a teacher by | 957 |
reason of the teacher's employment, including compensation paid | 958 |
pursuant to a supplemental contract. The salary, wages, and other | 959 |
earnings shall be determined prior to determination of the amount | 960 |
required to be contributed to the teachers' savings fund or | 961 |
defined contribution fund under section 3307.26 of the Revised | 962 |
Code and without regard to whether any of the salary, wages, or | 963 |
other earnings are treated as deferred income for federal income | 964 |
tax purposes. | 965 |
(2) Compensation does not include any of the following: | 966 |
(a) Payments for accrued but unused sick leave or personal | 967 |
leave, including payments made under a plan established pursuant | 968 |
to section 124.39 of the Revised Code or any other plan | 969 |
established by the employer; | 970 |
(b) Payments made for accrued but unused vacation leave, | 971 |
including payments made pursuant to section 124.13 of the Revised | 972 |
Code or a plan established by the employer; | 973 |
(c) Payments made for vacation pay covering concurrent | 974 |
periods for which other salary, compensation, or benefits under | 975 |
this chapter are paid; | 976 |
(d) Amounts paid by the employer to provide life insurance, | 977 |
sickness, accident, endowment, health, medical, hospital, dental, | 978 |
or surgical coverage, or other insurance for the teacher or the | 979 |
teacher's family, or amounts paid by the employer to the teacher | 980 |
in lieu of providing the insurance; | 981 |
(e) Incidental benefits, including lodging, food, laundry, | 982 |
parking, or services furnished by the employer, use of the | 983 |
employer's property or equipment, and reimbursement for | 984 |
job-related expenses authorized by the employer, including moving | 985 |
and travel expenses and expenses related to professional | 986 |
development; | 987 |
(f) Payments made by the employer in exchange for a member's | 988 |
waiver of a right to receive any payment, amount, or benefit | 989 |
described in division (L)(2) of this section; | 990 |
(g) Payments by the employer for services not actually | 991 |
rendered; | 992 |
(h) Any amount paid by the employer as a retroactive increase | 993 |
in salary, wages, or other earnings, unless the increase is one of | 994 |
the following: | 995 |
(i) A retroactive increase paid to a member employed by a | 996 |
school district board of education in a position that requires a | 997 |
license designated for teaching and not designated for being an | 998 |
administrator issued under section 3319.22 of the Revised Code | 999 |
that is paid in accordance with uniform criteria applicable to all | 1000 |
members employed by the board in positions requiring the licenses; | 1001 |
(ii) A retroactive increase paid to a member employed by a | 1002 |
school district board of education in a position that requires a | 1003 |
license designated for being an administrator issued under section | 1004 |
3319.22 of the Revised Code that is paid in accordance with | 1005 |
uniform criteria applicable to all members employed by the board | 1006 |
in positions requiring the licenses; | 1007 |
(iii) A retroactive increase paid to a member employed by a | 1008 |
school district board of education as a superintendent that is | 1009 |
also paid as described in division (L)(2)(h)(i) of this section; | 1010 |
(iv) A retroactive increase paid to a member employed by an | 1011 |
employer other than a school district board of education in | 1012 |
accordance with uniform criteria applicable to all members | 1013 |
employed by the employer. | 1014 |
(i) Payments made to or on behalf of a teacher that are in | 1015 |
excess of the annual compensation that may be taken into account | 1016 |
by the retirement system under division (a)(17) of section 401 of | 1017 |
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 1018 |
401(a)(17), as amended. For a teacher who first establishes | 1019 |
membership before July 1, 1996, the annual compensation that may | 1020 |
be taken into account by the retirement system shall be determined | 1021 |
under division (d)(3) of section 13212 of the "Omnibus Budget | 1022 |
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472. | 1023 |
(j) Payments made under division (B), (C), or (E) of section | 1024 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 1025 |
No. 3 of the 119th general assembly, Section 3 of Amended | 1026 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 1027 |
Amended Substitute House Bill No. 405 of the 124th general | 1028 |
assembly; | 1029 |
(k) Anything of value received by the teacher that is based | 1030 |
on or attributable to retirement or an agreement to retire. | 1031 |
(3) The retirement board shall determine by rule both of the | 1032 |
following: | 1033 |
(a) Whether particular forms of earnings are included in any | 1034 |
of the categories enumerated in this division; | 1035 |
(b) Whether any form of earnings not enumerated in this | 1036 |
division is to be included in compensation. | 1037 |
Decisions of the board made under this division shall be | 1038 |
final. | 1039 |
(M) "Superannuate" means both of the following: | 1040 |
(1) A former teacher receiving from the system a retirement | 1041 |
allowance under section 3307.58 or 3307.59 of the Revised Code; | 1042 |
(2) A former teacher receiving a benefit from the system | 1043 |
under a plan established under section 3307.81 of the Revised | 1044 |
Code, except that "superannuate" does not include a former teacher | 1045 |
who is receiving a benefit based on disability under a plan | 1046 |
established under section 3307.81 of the Revised Code. | 1047 |
For purposes of sections 3307.35 and 3307.353 of the Revised | 1048 |
Code, "superannuate" also means a former teacher receiving from | 1049 |
the system a combined service retirement benefit paid in | 1050 |
accordance with section 3307.57 of the Revised Code, regardless of | 1051 |
which retirement system is paying the benefit. | 1052 |
Sec. 3311.71. (A) As used in this section and in sections | 1053 |
3311.72 to | 1054 |
(1) "Municipal school district" means a school district that | 1055 |
is or has ever been under a federal court order requiring | 1056 |
supervision and operational, fiscal, and personnel management of | 1057 |
the district by the state superintendent of public instruction. | 1058 |
(2) "Mayor" means the mayor of the municipal corporation | 1059 |
containing the greatest portion of a municipal school district's | 1060 |
territory. | 1061 |
(B) Whenever any municipal school district is released by a | 1062 |
federal court from an order requiring supervision and operational, | 1063 |
fiscal, and personnel management of the district by the state | 1064 |
superintendent, the management and control of that district shall | 1065 |
be assumed, effective immediately, by a new nine-member board of | 1066 |
education. Members of the new board shall be appointed by the | 1067 |
mayor, who shall also designate one member as the chairperson of | 1068 |
the board. In addition to the rights, authority, and duties | 1069 |
conferred upon the chairperson by sections 3311.71 to | 1070 |
3311.87 of the Revised Code, the chairperson shall have all the | 1071 |
rights, authority, and duties conferred upon the president of a | 1072 |
board of education by the Revised Code that are not inconsistent | 1073 |
with sections 3311.71 to | 1074 |
(C) No school board member shall be appointed by the mayor | 1075 |
pursuant to division (B) of this section until the mayor has | 1076 |
received a slate of at least eighteen candidates nominated by a | 1077 |
municipal school district nominating panel, at least three of whom | 1078 |
reside in the municipal school district but not in the municipal | 1079 |
corporation containing the greatest portion of the district's | 1080 |
territory. The municipal school district nominating panel shall be | 1081 |
initially convened and chaired by the state superintendent of | 1082 |
public instruction, who shall serve as a nonvoting member for the | 1083 |
first two years of the panel's existence, and shall consist of | 1084 |
eleven persons selected as follows: | 1085 |
(1) Three parents or guardians of children attending the | 1086 |
schools of the municipal school district appointed by the district | 1087 |
parent-teacher association, or similar organization selected by | 1088 |
the state superintendent; | 1089 |
(2) Three persons appointed by the mayor; | 1090 |
(3) One person appointed by the president of the legislative | 1091 |
body of the municipal corporation containing the greatest portion | 1092 |
of the municipal school district's territory; | 1093 |
(4) One teacher appointed by the collective bargaining | 1094 |
representative of the school district's teachers; | 1095 |
(5) One principal appointed through a vote of the school | 1096 |
district's principals, which vote shall be conducted by the state | 1097 |
superintendent; | 1098 |
(6) One representative of the business community appointed by | 1099 |
an organized collective business entity selected by the mayor; | 1100 |
(7) One president of a public or private institution of | 1101 |
higher education located within the municipal school district | 1102 |
appointed by the state superintendent of public instruction. | 1103 |
The municipal school district nominating panel shall select | 1104 |
one of its members as its chairperson commencing two years after | 1105 |
the date of the first meeting of the panel, at which time the | 1106 |
state superintendent of public instruction shall no longer convene | 1107 |
or chair the panel. Thereafter, the panel shall meet as necessary | 1108 |
to make nominations at the call of the chairperson. All members of | 1109 |
the panel shall serve at the pleasure of the appointing authority. | 1110 |
Vacancies on the panel shall be filled in the same manner as the | 1111 |
initial appointments. | 1112 |
(D) No individual shall be appointed by the mayor pursuant to | 1113 |
division (B) or (F) of this section unless the individual has been | 1114 |
nominated by the nominating panel, resides in the school district, | 1115 |
and holds no elected public office. At any given time, four of the | 1116 |
nine members appointed by the mayor to serve on the board pursuant | 1117 |
to either division (B) or (F) of this section shall have | 1118 |
displayed, prior to appointment, significant expertise in either | 1119 |
the education field, finance, or business management. At all times | 1120 |
at least one member of the board shall be an individual who | 1121 |
resides in the municipal school district but not in the municipal | 1122 |
corporation containing the greatest portion of the district's | 1123 |
territory. | 1124 |
(E) The terms of office of all members appointed by the mayor | 1125 |
pursuant to division (B) of this section shall expire on the next | 1126 |
thirtieth day of June following the referendum election required | 1127 |
by section 3311.73 of the Revised Code. The mayor may, with the | 1128 |
advice and consent of the nominating panel, remove any member | 1129 |
appointed pursuant to that division or division (F) of this | 1130 |
section for cause. | 1131 |
(F) If the voters of the district approve the continuation of | 1132 |
an appointed board at the referendum election required by section | 1133 |
3311.73 of the Revised Code, the mayor shall appoint the members | 1134 |
of a new board from a slate prepared by the nominating panel in | 1135 |
the same manner as the initial board was appointed pursuant to | 1136 |
divisions (B), (C), and (D) of this section. Five of the members | 1137 |
of the new board shall be appointed to four-year terms and the | 1138 |
other four shall be appointed to two-year terms, each term | 1139 |
beginning on the first day of July. Thereafter, the mayor shall | 1140 |
appoint members to four-year terms in the same manner as described | 1141 |
in divisions (B), (C), and (D) of this section. The minimum number | 1142 |
of individuals who shall be on the slate prepared by the | 1143 |
nominating panel for this purpose shall be at least twice the | 1144 |
number of members to be appointed, including at least two who | 1145 |
reside in the municipal school district but not in the municipal | 1146 |
corporation containing the greatest portion of the district's | 1147 |
territory. | 1148 |
(G) In addition to the nine members appointed by the mayor, | 1149 |
the boards appointed pursuant to divisions (B) and (F) of this | 1150 |
section shall include the following nonvoting ex officio members: | 1151 |
(1) If the main campus of a state university specified in | 1152 |
section 3345.011 of the Revised Code is located within the | 1153 |
municipal school district, the president of the university or the | 1154 |
president's designee; | 1155 |
(2) If any community college has its main branch located | 1156 |
within the district, the president of the community college that | 1157 |
has the largest main branch within the district, or the | 1158 |
president's designee. | 1159 |
Sec. 3311.72. This section does not apply to any principal, | 1160 |
assistant principal, or other administrator who is employed to | 1161 |
perform administrative functions primarily within one school | 1162 |
building. | 1163 |
(A) On the effective date of the assumption of control of a | 1164 |
municipal school district by the new board of education pursuant | 1165 |
to division (B) of section 3311.71 of the Revised Code, the | 1166 |
treasurer, business manager, superintendent, assistant | 1167 |
superintendents, and other administrators of the school district | 1168 |
shall submit their resignations to the board. As used in this | 1169 |
section, "other administrator" has the same meaning as in section | 1170 |
3319.02 of the Revised Code. | 1171 |
(B) Notwithstanding Chapter 3319. of the Revised Code: | 1172 |
(1) Until thirty months after the date of the assumption of | 1173 |
control of a municipal school district by a board pursuant to | 1174 |
division (B) of section 3311.71 of the Revised Code, the mayor | 1175 |
shall appoint the chief executive officer and fill any vacancies | 1176 |
occurring in that position. | 1177 |
(2) After the board appointed pursuant to division (B) of | 1178 |
section 3311.71 of the Revised Code has been in control of a | 1179 |
municipal school district for thirty months, the mayor shall | 1180 |
appoint the chief executive officer and fill any vacancies | 1181 |
occurring in that position, with the concurrence of the board. | 1182 |
(3) After the first date of the assumption of control of a | 1183 |
municipal school district by a board pursuant to division (F) of | 1184 |
section 3311.71 of the Revised Code, the board shall appoint the | 1185 |
chief executive officer and fill any vacancies occurring in that | 1186 |
position, with the concurrence of the mayor. | 1187 |
(4) An individual appointed to the position of chief | 1188 |
executive officer under division (B)(1), (2), or (3) of this | 1189 |
section shall have a contract with the school district that | 1190 |
includes such terms and conditions of employment as are agreeable | 1191 |
to the board and the appointee, except that each such contract | 1192 |
shall contain a provision stating that, unless the individual | 1193 |
chooses to terminate the contract at a prior time: | 1194 |
(a) During the first thirty months after the date of the | 1195 |
assumption of control of the municipal school district by the | 1196 |
board pursuant to division (B) of section 3311.71 of the Revised | 1197 |
Code, the individual will serve at the pleasure of the mayor; | 1198 |
(b) Beginning thirty months after the date of assumption of | 1199 |
control, the individual will serve at the pleasure of the board, | 1200 |
with the mayor's concurrence required for removal. | 1201 |
(C) The chief executive officer shall appoint a chief | 1202 |
financial officer, a chief academic officer, a chief operating | 1203 |
officer, and a chief communications officer and any other | 1204 |
administrators for the district as the chief executive officer | 1205 |
shall determine to be necessary. The chief executive officer shall | 1206 |
also appoint ombudspersons who shall answer questions and seek to | 1207 |
resolve problems and concerns raised by parents and guardians of | 1208 |
children attending district schools. The chief executive officer | 1209 |
shall appoint a sufficient number of ombudspersons to serve the | 1210 |
needs of the parents and guardians. | 1211 |
A municipal school district is not required to have a | 1212 |
superintendent appointed pursuant to section 3319.01 of the | 1213 |
Revised Code or a treasurer elected pursuant to section 3313.22 of | 1214 |
the Revised Code. In addition to the rights, authority, and duties | 1215 |
conferred upon the chief executive officer and chief financial | 1216 |
officer in sections 3311.71 to | 1217 |
Code, the chief executive officer and the chief financial officer | 1218 |
shall have all of the rights, authority, and duties conferred upon | 1219 |
the superintendent of a school district and the treasurer of a | 1220 |
board of education, respectively, by the Revised Code that are not | 1221 |
inconsistent with sections 3311.71 to | 1222 |
Revised Code. | 1223 |
(D) Notwithstanding Chapters 124. and 3319. of the Revised | 1224 |
Code, an individual appointed to an administrative position in a | 1225 |
municipal school district by its chief executive officer shall | 1226 |
have a contract with the school district that includes such terms | 1227 |
and conditions of employment as are agreeable to the chief | 1228 |
executive officer and the appointee, except that each such | 1229 |
contract shall contain a provision stating that, unless the | 1230 |
appointee chooses to terminate the contract at a prior time, the | 1231 |
appointee will serve at the pleasure of the chief executive | 1232 |
officer. | 1233 |
(E) The chief executive officer shall also contract for or | 1234 |
employ such consultants, counsel, or other outside parties as in | 1235 |
the chief executive officer's reasonable judgment shall be | 1236 |
necessary to design, implement, or evaluate the plan required by | 1237 |
section 3311.74 of the Revised Code and to properly operate the | 1238 |
school district, subject to appropriations by the board. | 1239 |
(F) Notwithstanding section 3301.074 and Chapter 3319. of the | 1240 |
Revised Code, no person appointed under this section shall be | 1241 |
required to hold any license, certificate, or permit. | 1242 |
Sec. 3311.74. (A) The board of education of a municipal | 1243 |
school district, in consultation with the department of education, | 1244 |
shall set goals for the district's educational, financial, and | 1245 |
management progress and establish accountability standards with | 1246 |
which to measure the district's progress. | 1247 |
(B)(1) The chief executive officer of a municipal school | 1248 |
district shall develop, implement, and regularly update a plan to | 1249 |
measure student academic performance at each school within the | 1250 |
district. | 1251 |
shall include a component that requires the parents or guardians | 1252 |
of students who attend the district's schools to attend, prior to | 1253 |
the fifteenth day of December each year, at least one | 1254 |
parent-teacher conference or similar event held by the school the | 1255 |
student attends to provide an opportunity for the parents and | 1256 |
guardians to meet the student's teachers, discuss expectations for | 1257 |
the student, discuss the student's performance, and foster | 1258 |
communication between home and school. | 1259 |
(2) Where measurements demonstrate that students in | 1260 |
particular schools are not achieving, or are not improving their | 1261 |
achievement levels at an acceptable rate, the plan shall contain | 1262 |
provisions requiring the chief executive officer, with the | 1263 |
concurrence of the board, to take corrective action within those | 1264 |
schools, including, but not limited to, reallocation of academic | 1265 |
and financial resources, reassignment of staff, redesign of | 1266 |
academic | 1267 |
year or school day, and deploying additional assistance to | 1268 |
students. | 1269 |
(3) Prior to taking corrective action pursuant to the plan, | 1270 |
the chief executive officer shall first identify which schools are | 1271 |
in need of corrective action, what corrective action is warranted | 1272 |
at each school, and when the corrective action should be | 1273 |
implemented. Collectively, these items shall be known as the | 1274 |
"corrective plan." The corrective plan is not intended to be used | 1275 |
as a cost savings measure; rather, it is intended to improve | 1276 |
student performance at targeted schools. | 1277 |
Immediately after developing the corrective plan, the chief | 1278 |
executive officer and the presiding officer of each labor | 1279 |
organization whose members will be affected by the corrective plan | 1280 |
shall each appoint up to four individuals to form one or more | 1281 |
corrective action teams. The corrective action teams, within the | 1282 |
timelines set by the chief executive officer for implementation of | 1283 |
the corrective plan, shall collaborate with the chief executive | 1284 |
officer and, where there are overlapping or mutual concerns, with | 1285 |
other corrective action teams to make recommendations to the chief | 1286 |
executive officer on implementation of the corrective plan. | 1287 |
If the chief executive officer disagrees with all or part of | 1288 |
the recommendations of a corrective action team, or if a | 1289 |
corrective action team fails to make timely recommendations on the | 1290 |
implementation of all or part of the corrective plan, the chief | 1291 |
executive officer may implement the corrective plan in the manner | 1292 |
in which the chief executive officer determines to be in the best | 1293 |
interest of the students, consistent with the timelines originally | 1294 |
established. | 1295 |
The chief executive officer and any corrective action team | 1296 |
are not bound by the applicable provisions of collective | 1297 |
bargaining agreements in developing recommendations for and | 1298 |
implementing the corrective plan. | 1299 |
(4) Notwithstanding anything to the contrary in Chapter 4117. | 1300 |
of the Revised Code, the content and implementation of the | 1301 |
corrective plan prevail over any conflicting provision of a | 1302 |
collective bargaining agreement entered into on or after the | 1303 |
effective date of this amendment. | 1304 |
(C) Annually the chief executive officer shall issue a report | 1305 |
to residents of the district that includes results of achievement | 1306 |
measurements made under division (B)(1) of this section and | 1307 |
delineates the nature of any reforms and corrective actions being | 1308 |
taken in response to any failure to achieve at an acceptable level | 1309 |
or rate. The report shall also contain descriptions of efforts | 1310 |
undertaken to improve the overall quality or efficiency of | 1311 |
operation of the district, shall list the source of all district | 1312 |
revenues, and shall contain a description of all district | 1313 |
expenditures during the preceding fiscal year. | 1314 |
(D) The chief executive officer shall implement a public | 1315 |
awareness campaign to keep the parents and guardians of the | 1316 |
district's students informed of the changes being implemented | 1317 |
within the district. The campaign may include such methods as | 1318 |
community forums, letters, and brochures. It shall include annual | 1319 |
distribution to all parents and guardians of an information card | 1320 |
specifying the names and business addresses and telephone numbers | 1321 |
of the ombudspersons appointed under section 3311.72 of the | 1322 |
Revised Code and other employees of the district board of | 1323 |
education who may serve as information resources for parents and | 1324 |
guardians. | 1325 |
Sec. 3311.741. (A) This section applies only to a municipal | 1326 |
school district in existence on July 1, 2012. | 1327 |
(B) Not later than December 1, 2012, the board of education | 1328 |
of each municipal school district to which this section applies | 1329 |
shall submit to the superintendent of public instruction an array | 1330 |
of measures to be used in evaluating the performance of the | 1331 |
district. The measures shall assess at least overall student | 1332 |
achievement, student progress over time, the achievement and | 1333 |
progress over time of each of the applicable categories of | 1334 |
students described in division (C)(3) of section 3302.03 of the | 1335 |
Revised Code, and college and career readiness. The state | 1336 |
superintendent shall approve or disapprove the measures by January | 1337 |
15, 2013. If the measures are disapproved, the state | 1338 |
superintendent shall recommend modifications that will make the | 1339 |
measures acceptable. | 1340 |
(C) Beginning with the 2012-2013 school year, the board | 1341 |
annually shall establish goals for improvement on each of the | 1342 |
measures approved under division (B) of this section. The school | 1343 |
district's performance data for the 2011-2012 school year shall be | 1344 |
used as a baseline for determining improvement. | 1345 |
(D) Not later than October 1, 2013, and by the first day of | 1346 |
October each year thereafter, the board shall issue a report | 1347 |
describing the school district's performance for the previous | 1348 |
school year on each of the measures approved under division (B) of | 1349 |
this section and whether the district has met each of the | 1350 |
improvement goals established for that year under division (C) of | 1351 |
this section. The board shall provide the report to the governor, | 1352 |
the superintendent of public instruction, and, in accordance with | 1353 |
section 101.68 of the Revised Code, the general assembly. | 1354 |
(E) Not later than November 15, 2017, the superintendent of | 1355 |
public instruction shall evaluate the school district's | 1356 |
performance based on the measures approved under division (B) of | 1357 |
this section and shall issue a report to the governor and general | 1358 |
assembly. | 1359 |
Sec. 3311.742. (A) As used in this section, "partnering | 1360 |
community school" means a community school established under | 1361 |
Chapter 3314. of the Revised Code that is located within the | 1362 |
territory of a municipal school district and that either is | 1363 |
sponsored by the district or is a party to an agreement with the | 1364 |
district whereby the district and the community school endorse | 1365 |
each other's programs. | 1366 |
(B) The board of education of each municipal school district | 1367 |
and the governing authority of each partnering community school | 1368 |
shall require each of its schools offering grades nine to twelve | 1369 |
to establish a student advisory committee to make recommendations | 1370 |
as prescribed in this division. The principal of the school and, | 1371 |
if applicable, representatives of the teachers' labor organization | 1372 |
who are employed in the school shall determine the composition of | 1373 |
the committee and the process for selecting committee members, | 1374 |
which shall allow for all students enrolled in the school to be | 1375 |
informed about, and involved in, member selection. | 1376 |
The committee shall make regular recommendations, but at | 1377 |
least semiannually, regarding the following: | 1378 |
(1) Strategies to improve teaching and learning at the | 1379 |
school; | 1380 |
(2) How to use technology in the classroom to engage students | 1381 |
in the learning process; | 1382 |
(3) Strategies to encourage high-achieving students to work | 1383 |
with underperforming students to improve the school's academic | 1384 |
culture and graduation rate; | 1385 |
(4) Ways in which students may improve the behavior of other | 1386 |
students and reduce incidents of bullying and other disruptive | 1387 |
conduct; | 1388 |
(5) Procedures for monitoring the progress of the changes | 1389 |
implemented; | 1390 |
(6) Any other issues requested by school personnel or the | 1391 |
board or governing authority. | 1392 |
(C) The student advisory committee shall provide copies of | 1393 |
its recommendations to the district chief executive officer, the | 1394 |
school principal, and, if applicable, the person designated to be | 1395 |
the representative of the teachers' labor organization for the | 1396 |
school. The board or governing authority shall post the | 1397 |
recommendations on the district's or school's web site. | 1398 |
Sec. 3311.751. Notwithstanding division (F) of section | 1399 |
5705.10 of the Revised Code, if a municipal school district board | 1400 |
of education sells real property that it owns in its corporate | 1401 |
capacity, moneys received from the sale may be paid into the | 1402 |
general fund of the district, as long as all of the following | 1403 |
conditions are satisfied: | 1404 |
(A) The district has owned the real property for at least ten | 1405 |
years. | 1406 |
(B) The real property and any improvements to that real | 1407 |
property were not acquired with the proceeds of public | 1408 |
obligations, as defined in section 133.01 of the Revised Code, of | 1409 |
the district that are outstanding at the time of the sale. | 1410 |
(C) The deposit of those moneys in that manner is not | 1411 |
prohibited by any agreements the district board has entered into | 1412 |
with the Ohio school facilities commission. | 1413 |
Sec. 3311.76. (A) Notwithstanding Chapters 3302. and 3317. | 1414 |
of the Revised Code, upon written request of the district chief | 1415 |
executive officer, the state superintendent of public instruction | 1416 |
may exempt a municipal school district from any rules adopted | 1417 |
under Title XXXIII of the Revised Code except for any rule adopted | 1418 |
under Chapter 3307. or 3309., sections 3319.07 to 3319.21, or | 1419 |
Chapter 3323. of the Revised Code, and may authorize a municipal | 1420 |
school district to apply funds allocated to the district under | 1421 |
Chapter 3317. of the Revised Code, except those specifically | 1422 |
allocated to purposes other than current expenses, to the payment | 1423 |
of debt charges on the district's public obligations. The request | 1424 |
must specify the provisions from which the district is seeking | 1425 |
exemption or the application of funds requested and the reasons | 1426 |
for the request. The state superintendent shall approve the | 1427 |
request if the superintendent finds the requested exemption or | 1428 |
application of funds is in the best interest of the district's | 1429 |
students. The superintendent shall approve or disapprove the | 1430 |
request within thirty days and shall notify the district board and | 1431 |
the district chief executive officer of approval or reasons for | 1432 |
disapproving the request. | 1433 |
(B) The board of education of a municipal school district may | 1434 |
apply for an exemption from specific statutory provisions or rules | 1435 |
under section 3302.07 of the Revised Code. | 1436 |
(C) In addition to the rights, authority, and duties | 1437 |
conferred upon a municipal school district and its board of | 1438 |
education in sections 3311.71 to | 1439 |
Code, a municipal school district and its board shall have all of | 1440 |
the rights, authority, and duties conferred upon a city school | 1441 |
district and its board by law that are not inconsistent with | 1442 |
sections 3311.71 to | 1443 |
Sec. 3311.77. Notwithstanding any provision of the Revised | 1444 |
Code to the contrary, and except as otherwise specified in | 1445 |
division (G)(1) of this section, a municipal school district shall | 1446 |
be subject to this section instead of section 3319.08 of the | 1447 |
Revised Code. Section 3319.0811 of the Revised Code shall not | 1448 |
apply to the district. | 1449 |
(A) The board of education of each municipal school district | 1450 |
shall enter into written contracts for the employment and | 1451 |
re-employment of all teachers. Contracts for the employment of | 1452 |
teachers shall be of three types, limited contracts, extended | 1453 |
limited contracts, and continuing contracts. If the board | 1454 |
authorizes compensation in addition to the salary paid under | 1455 |
section 3311.78 of the Revised Code for the performance of duties | 1456 |
by a teacher that are in addition to the teacher's regular | 1457 |
teaching duties, the board shall enter into a supplemental written | 1458 |
contract with each teacher who is to perform additional duties. | 1459 |
Such supplemental written contracts shall be limited contracts. | 1460 |
Such written contracts and supplemental written contracts shall | 1461 |
set forth the teacher's duties and shall specify the salaries and | 1462 |
compensation to be paid for regular teaching duties and additional | 1463 |
teaching duties, respectively. | 1464 |
If the board adopts a motion or resolution to employ a | 1465 |
teacher under a limited contract or extended limited contract, or | 1466 |
under a continuing contract pursuant to division (E) of this | 1467 |
section, and the teacher accepts such employment, the failure of | 1468 |
such parties to execute a written contract shall not void such | 1469 |
employment contract. | 1470 |
(B) Teachers shall be paid for all time lost when the schools | 1471 |
in which they are employed are closed due to an epidemic or other | 1472 |
public calamity, and for time lost due to illness or otherwise for | 1473 |
not less than five days annually as authorized by regulations | 1474 |
which the board shall adopt. | 1475 |
(C) The term of a limited contract for a teacher shall not | 1476 |
exceed the following: | 1477 |
(1) Five years, in the case of a contract entered into prior | 1478 |
to the effective date of this section; | 1479 |
(2) A term as authorized in division (D) of this section, in | 1480 |
the case of a contract entered into on or after the effective date | 1481 |
of this section. | 1482 |
(D) The term of an initial limited contract for a teacher | 1483 |
described in division (C)(2) of this section shall not exceed two | 1484 |
years. Any subsequent limited contract entered into with that | 1485 |
teacher shall not exceed five years. | 1486 |
(E) A continuing contract is a contract that remains in | 1487 |
effect until the teacher resigns, elects to retire, or is retired | 1488 |
pursuant to former section 3307.37 of the Revised Code, or until | 1489 |
it is terminated or suspended and shall be granted only to | 1490 |
teachers who have provided notice of their eligibility by the | 1491 |
fifteenth day of September of the year the teacher becomes | 1492 |
eligible for a continuing contract and who have met one of the | 1493 |
following criteria: | 1494 |
(1) The teacher holds a professional, permanent, or life | 1495 |
teacher's certificate; | 1496 |
(2) The teacher meets the following conditions: | 1497 |
(a) The teacher was initially issued a teacher's certificate | 1498 |
or educator license prior to January 1, 2011. | 1499 |
(b) The teacher holds a professional educator license issued | 1500 |
under section 3319.22 or 3319.222 or former section 3319.22 of the | 1501 |
Revised Code or a senior professional educator license or lead | 1502 |
professional educator license issued under section 3319.22 of the | 1503 |
Revised Code. | 1504 |
(c) The teacher has completed the applicable one of the | 1505 |
following: | 1506 |
(i) If the teacher did not hold a master's degree at the time | 1507 |
of initially receiving a teacher's certificate under former law or | 1508 |
an educator license, thirty semester hours of coursework in the | 1509 |
area of licensure or in an area related to the teaching field | 1510 |
since the initial issuance of such certificate or license, as | 1511 |
specified in rules which the state board of education shall adopt; | 1512 |
(ii) If the teacher held a master's degree at the time of | 1513 |
initially receiving a teacher's certificate under former law or an | 1514 |
educator license, six semester hours of graduate coursework in the | 1515 |
area of licensure or in an area related to the teaching field | 1516 |
since the initial issuance of such certificate or license, as | 1517 |
specified in rules which the state board shall adopt. | 1518 |
(3) The teacher meets the following conditions: | 1519 |
(a) The teacher never held a teacher's certificate and was | 1520 |
initially issued an educator license on or after January 1, 2011. | 1521 |
(b) The teacher holds a professional educator license, senior | 1522 |
professional educator license, or lead professional educator | 1523 |
license issued under section 3319.22 of the Revised Code. | 1524 |
(c) The teacher has held an educator license for at least | 1525 |
seven years. | 1526 |
(d) The teacher has completed the applicable one of the | 1527 |
following: | 1528 |
(i) If the teacher did not hold a master's degree at the time | 1529 |
of initially receiving an educator license, thirty semester hours | 1530 |
of coursework in the area of licensure or in an area related to | 1531 |
the teaching field since the initial issuance of that license, as | 1532 |
specified in rules which the state board shall adopt; | 1533 |
(ii) If the teacher held a master's degree at the time of | 1534 |
initially receiving an educator license, six semester hours of | 1535 |
graduate coursework in the area of licensure or in an area related | 1536 |
to the teaching field since the initial issuance of that license, | 1537 |
as specified in rules which the state board shall adopt. | 1538 |
(F) Nothing in division (E) of this section shall be | 1539 |
construed to void or otherwise affect a continuing contract | 1540 |
entered into prior to the effective date of this section. | 1541 |
(G) Notwithstanding any provision to the contrary in Chapter | 1542 |
4117. of the Revised Code: | 1543 |
(1) The requirements of division (D)(3) of section 3319.08 of | 1544 |
the Revised Code prevail over any conflicting provisions of a | 1545 |
collective bargaining agreement entered into between October 16, | 1546 |
2009, and the effective date of this section. | 1547 |
(2) The requirements of this section prevail over any | 1548 |
conflicting provisions of a collective bargaining agreement | 1549 |
entered into on or after the effective date of this section. | 1550 |
(H) Wherever the term "educator license" is used in this | 1551 |
section without reference to a specific type of educator license, | 1552 |
the term does not include an educator license for substitute | 1553 |
teaching issued under section 3319.226 of the Revised Code. | 1554 |
Sec. 3311.78. Notwithstanding any provision of the Revised | 1555 |
Code to the contrary, a municipal school district shall be subject | 1556 |
to this section instead of sections 3317.13, 3317.14, and 3317.141 | 1557 |
of the Revised Code. | 1558 |
(A) As used in this section, "principal" includes an | 1559 |
assistant principal. | 1560 |
(B) The board of education of each municipal school district | 1561 |
annually shall adopt a differentiated salary schedule for teachers | 1562 |
based upon performance as described in division (D) of this | 1563 |
section. The board also annually shall adopt a differentiated | 1564 |
salary schedule for principals based upon performance as described | 1565 |
in division (D) of this section. | 1566 |
For each teacher or principal hired on or after the effective | 1567 |
date of this section, the board shall determine the teacher's or | 1568 |
principal's initial placement on the applicable salary schedule | 1569 |
based on years of experience and area of licensure and any other | 1570 |
factors the board considers appropriate. For each teacher hired | 1571 |
prior to the effective date of this section, the board shall | 1572 |
initially place the teacher on the applicable salary schedule so | 1573 |
that the teacher's annual salary on the schedule is comparable to | 1574 |
the teacher's annual salary for the school year immediately prior | 1575 |
to the school year covered by the schedule. For each principal | 1576 |
hired prior to the effective date of this section, the board shall | 1577 |
initially place the principal on the applicable salary schedule | 1578 |
consistent with the principal's employment contract. | 1579 |
(C) The salary of a teacher shall not be reduced unless such | 1580 |
reduction is accomplished as part of a negotiated collective | 1581 |
bargaining agreement. The salary of a principal shall not be | 1582 |
reduced during the term of the principal's employment contract | 1583 |
unless such reduction is by mutual agreement of the board and the | 1584 |
principal or is part of a uniform plan affecting the entire | 1585 |
district. | 1586 |
(D) For purposes of the schedules, the board shall measure a | 1587 |
teacher's or principal's performance by considering all of the | 1588 |
following: | 1589 |
(1) The level of license issued under section 3319.22 of the | 1590 |
Revised Code that the teacher or principal holds; | 1591 |
(2) Whether the teacher or principal is a highly qualified | 1592 |
teacher, as defined in section 3319.074 of the Revised Code; | 1593 |
(3) Ratings received by the teacher or principal on | 1594 |
performance evaluations conducted under section 3311.80 or 3311.84 | 1595 |
of the Revised Code; | 1596 |
(4) Any specialized training and experience in the assigned | 1597 |
position. | 1598 |
(E) The salary schedules adopted under this section may | 1599 |
provide for additional compensation for teachers or principals who | 1600 |
perform duties, not contracted for under a supplemental contract, | 1601 |
that the board determines warrant additional compensation. Those | 1602 |
duties may include, but are not limited to, assignment to a school | 1603 |
building eligible for funding under Title I of the "Elementary and | 1604 |
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.; | 1605 |
assignment to a building in "school improvement" status under the | 1606 |
"No Child Left Behind Act of 2001," as defined in section 3302.01 | 1607 |
of the Revised Code; teaching in a grade level or subject area in | 1608 |
which the board has determined there is a shortage within the | 1609 |
district; assignment to a hard-to-staff school, as determined by | 1610 |
the board; or teaching in a school with an extended school day or | 1611 |
school year. | 1612 |
(F) The chief executive officer of the district, or the chief | 1613 |
executive officer's designee, annually shall review the salary of | 1614 |
each teacher and principal and make a recommendation to the board. | 1615 |
Based on the recommendation, the board may increase a teacher's or | 1616 |
principal's salary based on the teacher's or principal's | 1617 |
performance and duties as provided for in divisions (D) and (E) of | 1618 |
this section. The performance-based increase for a teacher or | 1619 |
principal rated as accomplished shall be greater than the | 1620 |
performance-based increase for a teacher or principal rated as | 1621 |
proficient. Notwithstanding division (C) of this section, division | 1622 |
(C) of section 3319.02, and section 3319.12 of the Revised Code, | 1623 |
the board may decrease the teacher's or principal's salary if the | 1624 |
teacher or principal will perform fewer or different duties | 1625 |
described in division (E) of this section in the school year for | 1626 |
which the salary is decreased. | 1627 |
(G) Notwithstanding any provision to the contrary in Chapter | 1628 |
4117. of the Revised Code, the requirements of this section | 1629 |
prevail over any conflicting provisions of a collective bargaining | 1630 |
agreement entered into on or after the effective date of this | 1631 |
section. However, the board and the teachers' labor organization | 1632 |
shall negotiate the implementation of the differentiated salary | 1633 |
schedule for teachers and may negotiate additional factors | 1634 |
regarding teacher salaries, provided those factors are consistent | 1635 |
with this section. | 1636 |
Sec. 3311.79. (A) When assigning teachers to schools of a | 1637 |
municipal school district prior to the start of a school year, | 1638 |
teachers may apply for open positions. All applicants shall be | 1639 |
considered. Applicants may be interviewed by a building level team | 1640 |
comprised of the building principal, a representative of the | 1641 |
district teachers' labor organization, a parent, a staff member in | 1642 |
the same job classification as the posted position, and any other | 1643 |
members mutually agreed upon by the principal and the labor | 1644 |
organization representative. When openings occur, the principal | 1645 |
and labor organization representative shall mutually select the | 1646 |
members of the building level team. Interviews by the building | 1647 |
level team shall not be delayed due to the unavailability of duly | 1648 |
notified team members. The team shall make recommendations whether | 1649 |
to assign a teacher to an open position in the building based on | 1650 |
how suitably the teacher's credentials fulfill the needs of the | 1651 |
particular school. For this purpose, the building level team shall | 1652 |
consider the following credentials: | 1653 |
(1) The level of license issued under section 3319.22 of the | 1654 |
Revised Code that the teacher holds; | 1655 |
(2) The number of subject areas the teacher is licensed to | 1656 |
teach; | 1657 |
(3) Whether the teacher is a highly qualified teacher, as | 1658 |
defined in section 3319.074 of the Revised Code; | 1659 |
(4) The results of the teacher's performance evaluations | 1660 |
conducted under section 3311.80 of the Revised Code; | 1661 |
(5) Whether the teacher has recently taught and been | 1662 |
evaluated in the subject areas the teacher would teach at the | 1663 |
school; | 1664 |
(6) Any specialized training or experience the teacher | 1665 |
possesses that are relevant to the open position; | 1666 |
(7) Any other credentials established by the district chief | 1667 |
executive officer or a building level team. | 1668 |
(B) The building level team shall make its recommendations to | 1669 |
the district chief executive officer or the chief executive | 1670 |
officer's designee for the chief executive officer's or designee's | 1671 |
final approval of the assignment. | 1672 |
(C) In the event that open positions in one or more school | 1673 |
buildings have not been filled through the procedures set forth in | 1674 |
divisions (A) and (B) of this section, or if the building level | 1675 |
team has not been able to reach a consensus on a candidate, by ten | 1676 |
days prior to the first work day for teachers of the school year, | 1677 |
the district chief executive officer or the chief executive | 1678 |
officer's designee shall assign teachers to any of those open | 1679 |
positions based on the best interests of the district. In making | 1680 |
an assignment under this division, the chief executive officer or | 1681 |
the chief executive officer's designee shall take into | 1682 |
consideration all input from the building level team members. | 1683 |
(D) In the event that a position opens after the first | 1684 |
student day of the school year, the building level team interview | 1685 |
and recommendation procedures set forth in divisions (A) and (B) | 1686 |
of this section shall be used to fill the open position. If any | 1687 |
positions remain open, or if the building level team has not been | 1688 |
able to reach a consensus on a candidate, after a reasonable | 1689 |
period of time as determined by the chief executive officer or the | 1690 |
chief executive officer's designee, the chief executive officer or | 1691 |
the chief executive officer's designee shall assign teachers to | 1692 |
any of those open positions based on the best interests of the | 1693 |
district. In making an assignment under this division, the chief | 1694 |
executive officer or the chief executive officer's designee shall | 1695 |
take into consideration all input from the building level team | 1696 |
members. | 1697 |
(E) In the event it becomes necessary to assign, reassign, or | 1698 |
transfer a teacher, whether voluntarily or involuntarily on the | 1699 |
part of the teacher, for the purpose of promoting the best | 1700 |
interests of the district, the chief executive officer or the | 1701 |
chief executive officer's designee shall first meet with the | 1702 |
teacher, the principals of the affected buildings, and a | 1703 |
representative of the district teachers' labor organization. The | 1704 |
assignment, reassignment, or transfer shall not be delayed due to | 1705 |
the unavailability of the meeting participants who have been duly | 1706 |
notified. | 1707 |
(F) The district chief executive officer or a building level | 1708 |
team shall not use seniority or continuing contract status as the | 1709 |
primary factor in determining any teacher's assignment to a | 1710 |
school. | 1711 |
(G) Notwithstanding any provision to the contrary in Chapter | 1712 |
4117. of the Revised Code, the requirements of this section | 1713 |
prevail over any conflicting provisions of a collective bargaining | 1714 |
agreement entered into on or after the effective date of this | 1715 |
section. However, the board and the teachers' labor organization | 1716 |
shall negotiate regarding the implementation of this section, | 1717 |
including the processes by which each building level team conducts | 1718 |
its interviews and makes recommendations, consistent with this | 1719 |
section. | 1720 |
Sec. 3311.80. 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 3319.111 of the Revised Code. | 1723 |
(A) Not later than July 1, 2013, the board of education of | 1724 |
each municipal school district and the teachers' labor | 1725 |
organization shall develop and adopt standards-based teacher | 1726 |
evaluation procedures that conform with the framework for | 1727 |
evaluation of teachers developed under section 3319.112 of the | 1728 |
Revised Code. The evaluation procedures shall include at least | 1729 |
formal observations and classroom walk-throughs, which may be | 1730 |
announced or unannounced; examinations of samples of work, such as | 1731 |
lesson plans or assessments designed by a teacher; and multiple | 1732 |
measures of student academic growth. | 1733 |
(B) When using measures of student academic growth as a | 1734 |
component of a teacher's evaluation, those measures shall include | 1735 |
the value-added progress dimension prescribed by section 3302.021 | 1736 |
of the Revised Code. For teachers of grade levels and subjects for | 1737 |
which the value-added progress dimension is not applicable, the | 1738 |
board shall administer assessments on the list developed under | 1739 |
division (B)(2) of section 3319.112 of the Revised Code. | 1740 |
(C)(1) Each teacher employed by the board shall be evaluated | 1741 |
at least once each school year, except as provided in division | 1742 |
(C)(2) of this section. The composite evaluation shall be | 1743 |
completed not later than the first day of June and the teacher | 1744 |
shall receive a written report of the results of the composite | 1745 |
evaluation not later than ten days after its completion or the | 1746 |
last teacher work day of the school year, whichever is earlier. | 1747 |
(2) Each teacher who received a rating of accomplished on the | 1748 |
teacher's most recent evaluation conducted under this section may | 1749 |
be evaluated once every two school years, except that the teacher | 1750 |
shall be evaluated in any school year in which the teacher's | 1751 |
contract is due to expire. The biennial composite evaluation shall | 1752 |
be completed not later than the first day of June of the | 1753 |
applicable school year, and the teacher shall receive a written | 1754 |
report of the results of the composite evaluation not later than | 1755 |
ten days after its completion or the last teacher work day of the | 1756 |
school year, whichever is earlier. | 1757 |
(D) Each evaluation conducted pursuant to this section shall | 1758 |
be conducted by one or more of the following persons who have been | 1759 |
trained to conduct evaluations in accordance with criteria that | 1760 |
shall be developed jointly by the chief executive officer of the | 1761 |
district, or the chief executive officer's designee, and the | 1762 |
teachers' labor organization: | 1763 |
(1) The chief executive officer or a subordinate officer of | 1764 |
the district with responsibility for instruction or academic | 1765 |
affairs; | 1766 |
(2) A person who is under contract with the board pursuant to | 1767 |
section 3319.02 of the Revised Code and holds a license designated | 1768 |
for being a principal issued under section 3319.22 of the Revised | 1769 |
Code; | 1770 |
(3) A person who is under contract with the board pursuant to | 1771 |
section 3319.02 of the Revised Code and holds a license designated | 1772 |
for being a vocational director or a supervisor in any educational | 1773 |
area issued under section 3319.22 of the Revised Code; | 1774 |
(4) A person designated to conduct evaluations under an | 1775 |
agreement providing for peer assistance and review entered into by | 1776 |
the board and the teachers' labor organization. | 1777 |
(E) The evaluation procedures shall describe how the | 1778 |
evaluation results will be used for decisions regarding | 1779 |
compensation, retention, promotion, and reductions in force and | 1780 |
for removal of poorly performing teachers. | 1781 |
(F) A teacher may challenge any violations of the evaluation | 1782 |
procedures in accordance with the grievance procedure specified in | 1783 |
any applicable collective bargaining agreement. A challenge under | 1784 |
this division is limited to the determination of procedural errors | 1785 |
that have resulted in substantive harm to the teacher and to | 1786 |
ordering the correction of procedural errors. The failure of the | 1787 |
board or a person conducting an evaluation to strictly comply with | 1788 |
any deadline or evaluation forms established as part of the | 1789 |
evaluation process shall not be cause for an arbitrator to | 1790 |
determine that a procedural error occurred, unless the arbitrator | 1791 |
finds that the failure resulted in substantive harm to the | 1792 |
teacher. The arbitrator shall have no jurisdiction to modify the | 1793 |
evaluation results, but the arbitrator may stay any decision taken | 1794 |
pursuant to division (E) of this section pending the board's | 1795 |
correction of any procedural error. The board shall correct any | 1796 |
procedural error within fifteen business days after the | 1797 |
arbitrator's determination that a procedural error occurred. | 1798 |
(G) Notwithstanding any provision to the contrary in Chapter | 1799 |
4117. of the Revised Code, the requirements of this section | 1800 |
prevail over any conflicting provisions of a collective bargaining | 1801 |
agreement entered into on or after the effective date of this | 1802 |
section. However, the board and the teachers' labor organization | 1803 |
may negotiate additional evaluation procedures, including an | 1804 |
evaluation process incorporating peer assistance and review, | 1805 |
provided the procedures are consistent with this section. | 1806 |
(H) This section does not apply to administrators appointed | 1807 |
by the chief executive officer of a municipal school district | 1808 |
under section 3311.72 of the Revised Code, administrators subject | 1809 |
to evaluation procedures under section 3311.84 or 3319.02 of the | 1810 |
Revised Code, or to any teacher employed as a substitute for less | 1811 |
than one hundred twenty days during a school year pursuant to | 1812 |
section 3319.10 of the Revised Code. | 1813 |
Sec. 3311.81. Notwithstanding any provision of the Revised | 1814 |
Code to the contrary, a municipal school district shall be subject | 1815 |
to this section instead of section 3319.11 of the Revised Code. | 1816 |
(A) As used in this section: | 1817 |
(1) "Evaluation procedures" means the procedures adopted | 1818 |
pursuant to division (A) of section 3311.80 of the Revised Code. | 1819 |
(2) "Limited contract" means a limited contract, as described | 1820 |
in section 3311.77 of the Revised Code, that the board of | 1821 |
education of a municipal school district enters into with a | 1822 |
teacher who is not eligible for a continuing contract. | 1823 |
(3) "Extended limited contract" means a limited contract, as | 1824 |
described in section 3311.77 of the Revised Code, that the board | 1825 |
enters into with a teacher who is eligible for a continuing | 1826 |
contract, but to whom a continuing contract has not been granted | 1827 |
by the board. | 1828 |
(B) The board of education of each municipal school district | 1829 |
shall enter into a limited contract with each teacher employed by | 1830 |
the board who is not eligible to be considered for a continuing | 1831 |
contract. | 1832 |
Any teacher employed under a limited contract who is not | 1833 |
eligible to be considered for a continuing contract is, at the | 1834 |
expiration of such limited contract, considered re-employed under | 1835 |
a one-year limited contract, unless the board gives such teacher | 1836 |
written notice of its intention not to re-employ such teacher on | 1837 |
or before the first day of June. The teacher is presumed to have | 1838 |
accepted such employment unless the teacher notifies the board in | 1839 |
writing to the contrary on or before the tenth day of July. | 1840 |
Any teacher receiving a written notice of the intention of | 1841 |
the board not to re-employ such teacher pursuant to this division | 1842 |
is entitled to a hearing under division (C) of this section. | 1843 |
(C) Any teacher receiving written notice of the intention of | 1844 |
the board not to re-employ such teacher pursuant to division (B) | 1845 |
of this section may request a hearing before the board. The | 1846 |
request for a hearing shall be in writing and shall be delivered | 1847 |
to the chief financial officer of the district within ten days of | 1848 |
the date of receipt of the notice. The hearing shall be held in | 1849 |
executive session of the board at the board's next scheduled | 1850 |
meeting. Following the hearing, or if no hearing is requested, the | 1851 |
board shall act on the question of the teacher's re-employment. | 1852 |
The decision of the board shall be final and shall not be subject | 1853 |
to further appeal. | 1854 |
(D)(1) Upon the recommendation of the chief executive officer | 1855 |
that a teacher be re-employed where the teacher satisfies the | 1856 |
criteria in division (E) of section 3311.77 of the Revised Code | 1857 |
and has taught in the district for at least three years, or at | 1858 |
least two years in the case of a teacher who received a continuing | 1859 |
contract elsewhere, the board shall enter into a continuing | 1860 |
contract with the teacher, unless the board by a three-fourths | 1861 |
vote of its full membership rejects the recommendation of the | 1862 |
chief executive officer. If the board rejects the recommendation, | 1863 |
or if the chief executive officer recommends that the teacher not | 1864 |
be re-employed, the board may proceed not to renew the teacher's | 1865 |
contract in accordance with this section as if the teacher was not | 1866 |
eligible to be considered for a continuing contract. | 1867 |
(2) In the event the chief executive officer does not | 1868 |
recommend to the board that a teacher receive a continuing | 1869 |
contract where the teacher satisfies the criteria in division (E) | 1870 |
of section 3311.77 of the Revised Code and has taught in the | 1871 |
district for at least three years, or at least two years in the | 1872 |
case of a teacher who received a continuing contract elsewhere, | 1873 |
the chief executive officer may recommend to the board that the | 1874 |
teacher receive an extended limited contract. In that event, the | 1875 |
chief executive officer, or the chief executive officer's | 1876 |
designee, shall provide the teacher written notice, not less than | 1877 |
five business days prior to any board action on the | 1878 |
recommendation, with reasons directed at professional development. | 1879 |
The board shall act on the recommendation for an extended limited | 1880 |
contract with reasons directed at professional development not | 1881 |
later than the first day of June. An extended limited contract may | 1882 |
be issued: | 1883 |
(a) For a teacher who has been awarded a continuing contract | 1884 |
in another school district and has served in the municipal school | 1885 |
district for two years, in one-year increments or for multiple | 1886 |
years, in no event to exceed a total of two years; | 1887 |
(b) For a teacher who is newly eligible for a continuing | 1888 |
contract, in one-year increments or for multiple years, in no | 1889 |
event to exceed a total of four years. | 1890 |
Upon any subsequent reemployment of the teacher after the | 1891 |
expiration of the extended limited contract or contracts, only a | 1892 |
continuing contract may be entered into. The teacher is presumed | 1893 |
to have accepted employment under such continuing contract unless | 1894 |
the teacher notifies the board in writing to the contrary before | 1895 |
the tenth day of July, and a continuing contract shall be executed | 1896 |
accordingly. | 1897 |
(3) In the event the chief executive officer fails to make | 1898 |
any recommendation regarding a contract for a teacher who | 1899 |
satisfies the criteria in division (E) of section 3311.77 of the | 1900 |
Revised Code and has taught in the district for at least three | 1901 |
years, or at least two years in the case of a teacher who received | 1902 |
a continuing contract elsewhere, the teacher shall be re-employed | 1903 |
under a one-year extended limited contract. That contract may be | 1904 |
subsequently extended for an additional one to three years | 1905 |
consistent with divisions (D)(2)(a) and (b) of this section. The | 1906 |
teacher is presumed to have accepted employment under such | 1907 |
extended limited contract unless the teacher notifies the board in | 1908 |
writing to the contrary before the tenth day of July. | 1909 |
(E) The provisions of this section shall not apply to any | 1910 |
supplemental written contracts entered into pursuant to section | 1911 |
3311.77 of the Revised Code. | 1912 |
(F) Notwithstanding any provision to the contrary in Chapter | 1913 |
4117. of the Revised Code, the requirements of this section | 1914 |
prevail over any conflicting provisions of a collective bargaining | 1915 |
agreement entered into on or after the effective date of this | 1916 |
section. However, the board and the teachers' labor organization | 1917 |
shall negotiate the due process procedures preceding a teacher's | 1918 |
receipt of a written notice indicating the intent of the board not | 1919 |
to re-employ the teacher, which procedures shall be consistent | 1920 |
with this section. | 1921 |
Sec. 3311.82. Notwithstanding any provision of the Revised | 1922 |
Code to the contrary, a municipal school district shall be subject | 1923 |
to this section instead of sections 3319.16 and 3319.161 of the | 1924 |
Revised Code with respect to termination of teacher contracts, but | 1925 |
those sections shall apply to the district with respect to | 1926 |
termination of contracts with other district employees licensed by | 1927 |
the state board of education, subject to section 3311.72 and | 1928 |
division (F) of section 3311.84 of the Revised Code. | 1929 |
(A) The board of education of a municipal school district may | 1930 |
terminate the contract of a teacher employed by the board only for | 1931 |
good and just cause. In addition, the board may place a teacher on | 1932 |
disciplinary suspension without pay for a definite period of time | 1933 |
for good and just cause. For purposes of contract terminations, | 1934 |
good and just cause shall include receiving a composite evaluation | 1935 |
rating of ineffective under section 3311.80 of the Revised Code | 1936 |
for two consecutive years. A violation of division (A)(7) of | 1937 |
section 2907.03 of the Revised Code is grounds for termination or | 1938 |
disciplinary suspension without pay of a teacher under this | 1939 |
section. | 1940 |
(B) If an administrator determines, after a preliminary | 1941 |
investigation, that a teacher may have engaged in conduct that | 1942 |
could lead to a recommendation for termination or disciplinary | 1943 |
suspension without pay, the teacher shall be entitled to a | 1944 |
fact-finding hearing to determine if termination or disciplinary | 1945 |
suspension without pay is warranted. The hearing shall be held | 1946 |
before an administrator designated by the chief executive officer | 1947 |
of the district. Prior to the hearing, the administrator | 1948 |
designated by the chief executive officer shall provide the | 1949 |
teacher with written notice of the allegations and of the right to | 1950 |
request representation by the teachers' labor organization, and | 1951 |
copies of any written evidence related to the allegations. The | 1952 |
hearing shall be held within a reasonable period of time following | 1953 |
the teacher's receipt of the written notice of the allegations. | 1954 |
The teacher may have a representative of the teachers' labor | 1955 |
organization present at the hearing. During the hearing, the | 1956 |
teacher shall be given a meaningful opportunity to respond to the | 1957 |
allegations, including the opportunity to submit additional | 1958 |
evidence. Not later than ten business days after the hearing, the | 1959 |
administrator designated by the chief executive officer shall | 1960 |
notify the teacher in writing of the administrator's | 1961 |
recommendation for discipline and the rationale for the | 1962 |
recommendation, and shall provide a copy of the notification to | 1963 |
the chief executive officer. | 1964 |
(C) If the administrator designated by the chief executive | 1965 |
officer recommends to the chief executive officer that the teacher | 1966 |
be terminated or placed on disciplinary suspension without pay, | 1967 |
the chief executive officer shall review the evidence and | 1968 |
determine whether termination or disciplinary suspension without | 1969 |
pay is warranted. The chief executive officer shall make a | 1970 |
recommendation regarding discipline at the next scheduled meeting | 1971 |
of the board. The board may adopt or modify the chief executive | 1972 |
officer's recommendation, except that the board shall not increase | 1973 |
the recommended discipline. The board shall notify the teacher of | 1974 |
any action taken by the board on the chief executive officer's | 1975 |
recommendation. Any termination or disciplinary suspension without | 1976 |
pay imposed by the board shall take effect immediately. | 1977 |
(D) A teacher who is terminated or placed on disciplinary | 1978 |
suspension without pay under this section may appeal the board's | 1979 |
action in accordance with the grievance procedures specified in | 1980 |
any applicable collective bargaining agreement. The failure of the | 1981 |
board, chief executive officer, or administrator designated by the | 1982 |
chief executive officer to strictly comply with any procedures | 1983 |
established by this section or applicable collective bargaining | 1984 |
agreement shall not be cause for an arbitrator to overturn the | 1985 |
termination or disciplinary suspension without pay, unless the | 1986 |
arbitrator finds that the failure resulted in substantive harm to | 1987 |
the teacher. | 1988 |
(E) Notwithstanding any provision to the contrary in Chapter | 1989 |
4117. of the Revised Code: | 1990 |
(1) The provisions of section 3319.16 of the Revised Code | 1991 |
relating to the grounds for termination of the contract of a | 1992 |
teacher prevail over any conflicting provisions of a collective | 1993 |
bargaining agreement entered into prior to the effective date of | 1994 |
this section. | 1995 |
(2) The requirements of this section prevail over any | 1996 |
conflicting provisions of a collective bargaining agreement | 1997 |
entered into on or after the effective date of this section. | 1998 |
Sec. 3311.83. Notwithstanding any provision of the Revised | 1999 |
Code to the contrary, and except as otherwise specified in | 2000 |
division (E) of this section, a municipal school district shall be | 2001 |
subject to this section instead of section 3319.17 of the Revised | 2002 |
Code with respect to suspension of teacher contracts, but sections | 2003 |
3311.72, 3319.17, and 3319.171 of the Revised Code shall apply to | 2004 |
the district with respect to suspension of contracts of other | 2005 |
district employees who may be licensed by the state board of | 2006 |
education. | 2007 |
(A) When, for any of the following reasons that apply to a | 2008 |
municipal school district, the district board of education decides | 2009 |
that it will be necessary to reduce the number of teachers it | 2010 |
employs, it may make a reasonable reduction: | 2011 |
(1) Return to duty of regular teachers after leaves of | 2012 |
absence, including leaves of absence provided pursuant to section | 2013 |
3319.13 or 3319.14 of the Revised Code; | 2014 |
(2) Decreased enrollment of students in the district; | 2015 |
(3) Academic reasons resulting in consolidation of teaching | 2016 |
positions, duties, or functions or resulting in changes in | 2017 |
educational programs; | 2018 |
(4) Financial reasons; | 2019 |
(5) Territorial changes affecting the district. | 2020 |
(B) In making any such reduction, the board shall proceed to | 2021 |
suspend contracts in accordance with the recommendation of the | 2022 |
district's chief executive officer and divisions (B)(1) and (2) | 2023 |
and (E) of this section. | 2024 |
(1) Each teacher affected by the reduction, based on area of | 2025 |
licensure, shall be placed in one of the following categories: | 2026 |
(a) Category 1A, which shall contain all teachers on limited | 2027 |
or extended limited contracts with a composite evaluation rating | 2028 |
of ineffective; | 2029 |
(b) Category 1B, which shall contain all teachers on | 2030 |
continuing contracts with a composite evaluation rating of | 2031 |
ineffective; | 2032 |
(c) Category 2A, which shall contain all teachers on limited | 2033 |
or extended limited contracts with a composite evaluation rating | 2034 |
of developing; | 2035 |
(d) Category 2B, which shall contain all teachers on | 2036 |
continuing contracts with a composite evaluation rating of | 2037 |
developing; | 2038 |
(e) Category 3A, which shall contain all teachers on limited | 2039 |
or extended limited contracts with a composite evaluation rating | 2040 |
of proficient; | 2041 |
(f) Category 3B, which shall contain all teachers on | 2042 |
continuing contracts with a composite evaluation rating of | 2043 |
proficient; | 2044 |
(g) Category 4A, which shall contain all teachers on limited | 2045 |
or extended limited contracts with a composite evaluation rating | 2046 |
of accomplished; | 2047 |
(h) Category 4B, which shall contain all teachers on | 2048 |
continuing contracts with a composite evaluation rating of | 2049 |
accomplished. | 2050 |
(2) Consistent with division (E) of this section, reductions | 2051 |
in the affected area of licensure shall be made starting with | 2052 |
teachers in category 1A and shall proceed sequentially through | 2053 |
teachers in category 4B, until all necessary reductions have | 2054 |
occurred. | 2055 |
(3) The evaluation ratings specified in division (B)(1) of | 2056 |
this section refer to composite evaluation ratings assigned to a | 2057 |
teacher in accordance with the evaluation procedures adopted under | 2058 |
section 3311.80 of the Revised Code. | 2059 |
(C) On a case-by-case basis, in lieu of suspending a contract | 2060 |
in whole, the board may suspend a contract in part, so that an | 2061 |
individual is required to work a percentage of the time the | 2062 |
employee otherwise is required to work under the contract and | 2063 |
receives a commensurate percentage of the full compensation the | 2064 |
employee otherwise would receive under the contract. | 2065 |
(D) The teachers whose contracts are suspended by the board | 2066 |
pursuant to this section shall have the right of restoration by | 2067 |
the board if and when teaching positions become vacant or are | 2068 |
created, for which the teachers are or become qualified within | 2069 |
three years after the date of the suspension of contract. | 2070 |
Consistent with division (E) of this section, the board shall | 2071 |
rehire teachers in the affected area of licensure starting with | 2072 |
teachers in category 4B and shall proceed sequentially through | 2073 |
teachers in category 1A, until all vacant positions have been | 2074 |
filled. No teacher whose contract has been suspended pursuant to | 2075 |
this section shall lose the right of restoration by reason of | 2076 |
having declined recall to a position that is less than full-time | 2077 |
or, if the teacher was not employed full-time just prior to | 2078 |
suspension of the teacher's continuing contract, to a position | 2079 |
requiring a lesser percentage of full-time employment than the | 2080 |
position the teacher last held while employed in the district. | 2081 |
(E)(1) Notwithstanding any provision to the contrary in | 2082 |
Chapter 4117. of the Revised Code, the requirements of this | 2083 |
section prevail over any conflicting provisions of a collective | 2084 |
bargaining agreement entered into on or after the effective date | 2085 |
of this section. However, the board and the teachers' labor | 2086 |
organization shall negotiate how specialized training and | 2087 |
experience will be factored into reduction in force and recall | 2088 |
decisions regardless of the categories prescribed by division (B) | 2089 |
of this section. In addition, the board and the teachers' labor | 2090 |
organization may negotiate additional factors to be considered in | 2091 |
determining the order of reductions, which factors shall not be | 2092 |
inconsistent with division (B) of this section. | 2093 |
(2) After applying specialized training and experience and | 2094 |
any other negotiated factors, teachers within the same category | 2095 |
prescribed by division (B) of this section shall be given | 2096 |
preference based on seniority. | 2097 |
Sec. 3311.84. Notwithstanding any provision of the Revised | 2098 |
Code to the contrary, a municipal school district shall be subject | 2099 |
to this section instead of division (D) of section 3319.02 of the | 2100 |
Revised Code with respect to principals and assistant principals, | 2101 |
but all other provisions of that section shall apply to the | 2102 |
district with respect to principals and assistant principals. | 2103 |
Section 3319.02 of the Revised Code in its entirety shall apply to | 2104 |
the district with respect to employees other than principals and | 2105 |
assistant principals who are covered by that section, except as | 2106 |
otherwise provided in section 3311.72 of the Revised Code. | 2107 |
(A) As used in this section, "principal" includes an | 2108 |
assistant principal. | 2109 |
(B) The board of education of each municipal school district | 2110 |
shall adopt procedures for the evaluation of principals and shall | 2111 |
evaluate all principals in accordance with those procedures. The | 2112 |
procedures shall be based on principles comparable to the teacher | 2113 |
evaluation procedures adopted under section 3311.80 of the Revised | 2114 |
Code, but shall be tailored to the duties and responsibilities of | 2115 |
principals and the environment in which principals work. Each | 2116 |
evaluation shall measure the principal's effectiveness in | 2117 |
performing the duties included in the principal's job description | 2118 |
and shall be considered by the board in deciding whether to renew | 2119 |
the principal's contract of employment. | 2120 |
(C) The evaluation procedures adopted under this section | 2121 |
shall require each principal to be evaluated annually through a | 2122 |
written evaluation process. The evaluation shall be conducted by | 2123 |
the chief executive officer of the district, or the chief | 2124 |
executive officer's designee. | 2125 |
(D) To provide time to show progress in correcting | 2126 |
deficiencies identified in the evaluation, each evaluation shall | 2127 |
be completed as follows: | 2128 |
(1) In any school year that the principal's contract of | 2129 |
employment is not due to expire, at least one evaluation shall be | 2130 |
completed in that year. A written copy of the evaluation shall be | 2131 |
provided to the principal by the end of the principal's contract | 2132 |
year as defined by the principal's annual salary notice. | 2133 |
(2) In any school year that the principal's contract of | 2134 |
employment is due to expire, at least a preliminary evaluation and | 2135 |
a final evaluation shall be completed in that year. A written copy | 2136 |
of the preliminary evaluation shall be provided to the principal | 2137 |
at least sixty days prior to any action by the board on the | 2138 |
principal's contract of employment. The final evaluation shall | 2139 |
indicate the chief executive officer's intended recommendation to | 2140 |
the board regarding a contract of employment for the principal. A | 2141 |
written copy of the final evaluation shall be provided to the | 2142 |
principal at least five days prior to the chief executive officer | 2143 |
making the recommendation to the board. | 2144 |
(E) At least thirty days prior to taking action to renew or | 2145 |
not renew the contract of a principal, the board shall notify the | 2146 |
principal of the board's intended action and that the principal | 2147 |
may request a meeting with the board regarding the board's | 2148 |
intended action. Upon request of the principal, the board shall | 2149 |
grant the principal a meeting in executive session. In that | 2150 |
meeting, the board shall discuss its reasons for considering | 2151 |
renewal or nonrenewal of the contract. The principal shall be | 2152 |
permitted to have a representative, chosen by the principal, | 2153 |
present at the meeting. | 2154 |
The establishment of evaluation procedures in accordance with | 2155 |
this section shall not create an expectancy of continued | 2156 |
employment. Nothing in this section shall prevent the board from | 2157 |
making the final determination regarding the renewal or nonrenewal | 2158 |
of a principal's contract. | 2159 |
(F) Termination of a principal's contract shall be in | 2160 |
accordance with section 3319.16 of the Revised Code, except as | 2161 |
follows: | 2162 |
(1) Failure of the principal's building to meet academic | 2163 |
performance standards established by the chief executive officer | 2164 |
shall be considered good and just cause for termination under that | 2165 |
section. | 2166 |
(2) If the chief executive officer intends to recommend to | 2167 |
the board that the principal's contract be terminated, the chief | 2168 |
executive officer shall provide the principal a written copy of | 2169 |
the principal's evaluation at least five days prior to making the | 2170 |
recommendation to the board. | 2171 |
Sec. 3311.85. (A) The board of education of each municipal | 2172 |
school district annually shall approve a calendar or calendars | 2173 |
establishing a school year that complies with the minimum school | 2174 |
year prescribed by section 3313.48 of the Revised Code. The board | 2175 |
has final authority to establish a school calendar, including the | 2176 |
starting and ending times for the school day, for one or more of | 2177 |
the district's school buildings that provides for additional | 2178 |
student days or hours beyond the minimum prescribed by that | 2179 |
section. A school's calendar may prescribe year-round instruction | 2180 |
or an extended school day. | 2181 |
(B) Notwithstanding any provision to the contrary in Chapter | 2182 |
4117. of the Revised Code, the requirements and authorizations of | 2183 |
this section prevail over any conflicting provisions of a | 2184 |
collective bargaining agreement entered into on or after the | 2185 |
effective date of this section. However, the district board and | 2186 |
teachers' labor organization shall negotiate regarding any | 2187 |
additional compensation for an extended school year or school day, | 2188 |
consistent with section 3311.78 of the Revised Code. | 2189 |
Sec. 3311.86. (A) As used in this section: | 2190 |
(1) "Alliance" means a municipal school district | 2191 |
transformation alliance established as a nonprofit corporation. | 2192 |
(2) "Alliance municipal school district" means a municipal | 2193 |
school district for which an alliance has been created under this | 2194 |
section. | 2195 |
(3) "Partnering community school" means a community school | 2196 |
established under Chapter 3314. of the Revised Code that is | 2197 |
located within the territory of a municipal school district and | 2198 |
that either is sponsored by the district or is a party to an | 2199 |
agreement with the district whereby the district and the community | 2200 |
school endorse each other's programs. | 2201 |
(4) "Transformation alliance education plan" means a plan | 2202 |
prepared by the mayor, and confirmed by the alliance, to transform | 2203 |
public education in the alliance municipal school district to a | 2204 |
system of municipal school district schools and partnering | 2205 |
community schools that will be held to the highest standards of | 2206 |
school performance and student achievement. | 2207 |
(B) If one or more partnering community schools are located | 2208 |
in a municipal school district, the mayor may initiate proceedings | 2209 |
to establish a municipal school district transformation alliance | 2210 |
as a nonprofit corporation under Chapter 1702. of the Revised | 2211 |
Code. The mayor shall have sole authority to appoint the directors | 2212 |
of any alliance created under this section. The directors of the | 2213 |
alliance shall include representatives of all of the following: | 2214 |
(1) The municipal school district; | 2215 |
(2) Partnering community schools; | 2216 |
(3) Members of the community at large, including parents and | 2217 |
educators; | 2218 |
(4) The business community, including business leaders and | 2219 |
foundation leaders. | 2220 |
No one group listed in divisions (B)(1) to (4) of this | 2221 |
section shall comprise a majority of the directors. The mayor | 2222 |
shall be an ex officio director, and serve as the chairperson of | 2223 |
the board of directors, of any alliance created under this | 2224 |
section. If the proceedings are initiated, the mayor shall | 2225 |
identify the directors in the articles of incorporation filed | 2226 |
under section 1702.04 of the Revised Code. | 2227 |
(C)(1) A majority of the members of the board of directors of | 2228 |
the alliance shall constitute a quorum of the board. Any formal | 2229 |
action taken by the board of directors shall take place at a | 2230 |
meeting of the board and shall require the concurrence of a | 2231 |
majority of the members of the board. Meetings of the board of | 2232 |
directors shall be public meetings open to the public at all | 2233 |
times, except that the board may hold an executive session for any | 2234 |
of the purposes for which an executive session of a public body is | 2235 |
permitted under division (G) of section 121.22 of the Revised | 2236 |
Code. The board of directors shall establish reasonable methods | 2237 |
whereby any person may determine the time and place of all of the | 2238 |
board's public meetings and by which any person, upon request, may | 2239 |
obtain reasonable advance notification of the board's public | 2240 |
meetings. Provisions for that advance notification may include, | 2241 |
but are not limited to, mailing notices to all subscribers on a | 2242 |
mailing list or mailing notices in self-addressed, stamped | 2243 |
envelopes provided by the person. | 2244 |
(2) All records of the alliance shall be organized and | 2245 |
maintained by the alliance and also filed with the department of | 2246 |
education. The alliance and the department shall make those | 2247 |
records available to the public as though those records were | 2248 |
public records for purposes of Chapter 149. of the Revised Code. | 2249 |
The department shall promptly notify the alliance upon the | 2250 |
department's receipt of any requests for records relating to the | 2251 |
alliance pursuant to section 149.43 of the Revised Code. | 2252 |
(3) The board of directors of the alliance shall establish a | 2253 |
conflicts of interest policy and shall adopt that policy, and any | 2254 |
amendments to the policy, at a meeting of the board held in | 2255 |
accordance with this section. | 2256 |
(D) If an alliance is created under this section, the | 2257 |
alliance shall do all of the following: | 2258 |
(1) Report annually on the performance of all municipal | 2259 |
school district schools and all community schools established | 2260 |
under Chapter 3314. of the Revised Code and located in the | 2261 |
district, using the criteria adopted under division (B) of section | 2262 |
3311.87 of the Revised Code; | 2263 |
(2) Confirm and monitor implementation of the transformation | 2264 |
alliance education plan; | 2265 |
(3) Suggest national education models for and provide input | 2266 |
in the development of new municipal school district schools and | 2267 |
partnering community schools. | 2268 |
(E) Divisions (E)(1) to (3) of this section apply to each | 2269 |
community school sponsor that is subject to approval by the | 2270 |
department of education under section 3314.015 of the Revised Code | 2271 |
whose approval under that section is granted or renewed on or | 2272 |
after the effective date of this section. Divisions (E)(1) to (3) | 2273 |
of this section do not apply to a sponsor that has been approved | 2274 |
by the department prior to that date, until the sponsor's approval | 2275 |
is renewed or granted anew on or after that date. | 2276 |
(1) Before a sponsor to which this section applies may | 2277 |
sponsor new community schools in an alliance municipal school | 2278 |
district, the sponsor shall request recommendation from the | 2279 |
alliance to sponsor community schools in the district. | 2280 |
(2) The alliance shall review the sponsor's application and | 2281 |
shall make a recommendation based on the standards for sponsors | 2282 |
developed under division (A)(2) of section 3311.87 of the Revised | 2283 |
Code. | 2284 |
(3) The department shall use the standards developed under | 2285 |
division (A)(2) of section 3311.87 of the Revised Code, in | 2286 |
addition to any other requirements of the Revised Code, to review | 2287 |
a sponsor's request and make a final determination, on | 2288 |
recommendation of the alliance, of whether the sponsor may sponsor | 2289 |
new community schools in the alliance municipal school district. | 2290 |
No sponsor shall be required to receive authorization to | 2291 |
sponsor new community schools under division (E)(3) of this | 2292 |
section more than one time. | 2293 |
(F) Directors, officers, and employees of an alliance are not | 2294 |
public employees or public officials, are not subject to Chapters | 2295 |
124., 145., and 4117. of the Revised Code, and are not "public | 2296 |
officials" or "public servants" as defined in section 2921.01 of | 2297 |
the Revised Code. Membership on the board of directors of an | 2298 |
alliance does not constitute the holding of an incompatible public | 2299 |
office or employment in violation of any statutory or common law | 2300 |
prohibition against the simultaneous holding of more than one | 2301 |
public office or employment. Members of the board of directors of | 2302 |
an alliance are not disqualified from holding any public office by | 2303 |
reason of that membership, and do not forfeit by reason of that | 2304 |
membership the public office or employment held when appointed to | 2305 |
the board, notwithstanding any contrary disqualification or | 2306 |
forfeiture requirement under the Revised Code or the common law of | 2307 |
this state. | 2308 |
(G) The authority to establish an alliance under this section | 2309 |
expires on January 1, 2018. Any alliance established under this | 2310 |
section is terminated, and any related authority granted to the | 2311 |
alliance under this section expires on that date. | 2312 |
Sec. 3311.87. The department of education, in conjunction | 2313 |
with the municipal school district transformation alliance | 2314 |
established under section 3311.86 of the Revised Code, if such an | 2315 |
alliance is established under that section, and a statewide | 2316 |
nonprofit organization whose membership is comprised solely of | 2317 |
entities that sponsor community schools and whose members sponsor | 2318 |
the majority of start-up community schools in the state, shall do | 2319 |
all of the following: | 2320 |
(A) Not later than December 31, 2012, establish both of the | 2321 |
following: | 2322 |
(1) Objective criteria to be used by a sponsor to determine | 2323 |
if it will sponsor new community schools located within the | 2324 |
municipal school district. Beginning with any community school | 2325 |
that opens after July 1, 2013, each sponsor shall use the criteria | 2326 |
established under this division to determine whether to sponsor a | 2327 |
community school in the municipal district. | 2328 |
(2) Criteria for assessing the ability of a sponsor to | 2329 |
successfully sponsor a community school in a municipal school | 2330 |
district. | 2331 |
The criteria adopted under divisions (A)(1) and (2) of this | 2332 |
section shall be based on standards issued by the national | 2333 |
association of charter school authorizers or any other nationally | 2334 |
organized community or charter school organization. | 2335 |
(B) Not later than April 30, 2013, establish a comprehensive | 2336 |
framework to assess the efficacy of district schools and community | 2337 |
schools located in the municipal school district. Where possible, | 2338 |
the framework shall be based on nationally accepted quality | 2339 |
standards and principles for schools and shall be specific to a | 2340 |
school's model, mission, and student populations. | 2341 |
Sec. 3313.975. As used in this section and in sections | 2342 |
2343 | |
project school district" or "the district" means any school | 2344 |
district included in the pilot project scholarship program | 2345 |
pursuant to this section. | 2346 |
(A) The superintendent of public instruction shall establish | 2347 |
a pilot project scholarship program and shall include in such | 2348 |
program any school districts that are or have ever been under | 2349 |
federal court order requiring supervision and operational | 2350 |
management of the district by the state superintendent. The | 2351 |
program shall provide for a number of students residing in any | 2352 |
such district to receive scholarships to attend alternative | 2353 |
schools, and for an equal number of students to receive tutorial | 2354 |
assistance grants while attending public school in any such | 2355 |
district. | 2356 |
(B) The state superintendent shall establish an application | 2357 |
process and deadline for accepting applications from students | 2358 |
residing in the district to participate in the scholarship | 2359 |
program. In the initial year of the program students may only use | 2360 |
a scholarship to attend school in grades kindergarten through | 2361 |
third. | 2362 |
The state superintendent shall award as many scholarships and | 2363 |
tutorial assistance grants as can be funded given the amount | 2364 |
appropriated for the program. In no case, however, shall more than | 2365 |
fifty per cent of all scholarships awarded be used by students who | 2366 |
were enrolled in a nonpublic school during the school year of | 2367 |
application for a scholarship. | 2368 |
(C)(1) The pilot project program shall continue in effect | 2369 |
each year that the general assembly has appropriated sufficient | 2370 |
money to fund scholarships and tutorial assistance grants. In each | 2371 |
year the program continues, new students may receive scholarships | 2372 |
in grades kindergarten to twelve. A student who has received a | 2373 |
scholarship may continue to receive one until the student has | 2374 |
completed grade twelve. | 2375 |
(2) If the general assembly discontinues the scholarship | 2376 |
program, all students who are attending an alternative school | 2377 |
under the pilot project shall be entitled to continued admittance | 2378 |
to that specific school through all grades that are provided in | 2379 |
such school, under the same conditions as when they were | 2380 |
participating in the pilot project. The state superintendent shall | 2381 |
continue to make scholarship payments in accordance with division | 2382 |
(A) or (B) of section 3313.979 of the Revised Code for students | 2383 |
who remain enrolled in an alternative school under this provision | 2384 |
in any year that funds have been appropriated for this purpose. | 2385 |
If funds are not appropriated, the tuition charged to the | 2386 |
parents of a student who remains enrolled in an alternative school | 2387 |
under this provision shall not be increased beyond the amount | 2388 |
equal to the amount of the scholarship plus any additional amount | 2389 |
charged that student's parent in the most recent year of | 2390 |
attendance as a participant in the pilot project, except that | 2391 |
tuition for all the students enrolled in such school may be | 2392 |
increased by the same percentage. | 2393 |
(D) Notwithstanding sections 124.39, 3307.54, and | 2394 |
3311.83 of the Revised Code, if the pilot project school district | 2395 |
experiences a decrease in enrollment due to participation in a | 2396 |
state-sponsored scholarship program pursuant to sections 3313.974 | 2397 |
to 3313.979 of the Revised Code, the district board of education | 2398 |
may enter into an agreement with any teacher it employs to provide | 2399 |
to that teacher severance pay or early retirement incentives, or | 2400 |
both, if the teacher agrees to terminate the employment contract | 2401 |
with the district board, provided any collective bargaining | 2402 |
agreement in force pursuant to Chapter 4117. of the Revised Code | 2403 |
does not prohibit such an agreement for termination of a teacher's | 2404 |
employment contract. | 2405 |
Sec. 3314.10. (A)(1) The governing authority of any | 2406 |
community school established under this chapter may employ | 2407 |
teachers and nonteaching employees necessary to carry out its | 2408 |
mission and fulfill its contract. | 2409 |
(2) Except as provided under division (A)(3) of this section, | 2410 |
employees hired under this section may organize and collectively | 2411 |
bargain pursuant to Chapter 4117. of the Revised Code. | 2412 |
Notwithstanding division (D)(1) of section 4117.06 of the Revised | 2413 |
Code, a unit containing teaching and nonteaching employees | 2414 |
employed under this section shall be considered an appropriate | 2415 |
unit. As applicable, employment under this section is subject to | 2416 |
either Chapter 3307. or 3309. of the Revised Code. | 2417 |
(3) If a school is created by converting all or part of an | 2418 |
existing public school rather than by establishment of a new | 2419 |
start-up school, at the time of conversion, the employees of the | 2420 |
community school shall remain part of any collective bargaining | 2421 |
unit in which they were included immediately prior to the | 2422 |
conversion and shall remain subject to any collective bargaining | 2423 |
agreement for that unit in effect on the first day of July of the | 2424 |
year in which the community school initially begins operation and | 2425 |
shall be subject to any subsequent collective bargaining agreement | 2426 |
for that unit, unless a petition is certified as sufficient under | 2427 |
division (A)(6) of this section with regard to those employees. | 2428 |
Any new employees of the community school shall also be included | 2429 |
in the unit to which they would have been assigned had not the | 2430 |
conversion taken place and shall be subject to the collective | 2431 |
bargaining agreement for that unit unless a petition is certified | 2432 |
as sufficient under division (A)(6) of this section with regard to | 2433 |
those employees. | 2434 |
Notwithstanding division (B) of section 4117.01 of the | 2435 |
Revised Code, the board of education of a school district and not | 2436 |
the governing authority of a community school shall be regarded, | 2437 |
for purposes of Chapter 4117. of the Revised Code, as the "public | 2438 |
employer" of the employees of a conversion community school | 2439 |
subject to a collective bargaining agreement pursuant to division | 2440 |
(A)(3) of this section unless a petition is certified under | 2441 |
division (A)(6) of this section with regard to those employees. | 2442 |
Only on and after the effective date of a petition certified as | 2443 |
sufficient under division (A)(6) of this section shall division | 2444 |
(A)(2) of this section apply to those employees of that community | 2445 |
school and only on and after the effective date of that petition | 2446 |
shall Chapter 4117. of the Revised Code apply to the governing | 2447 |
authority of that community school with regard to those employees. | 2448 |
(4) Notwithstanding sections 4117.03 to 4117.18 of the | 2449 |
Revised Code and Section 4 of Amended Substitute Senate Bill No. | 2450 |
133 of the 115th general assembly, the employees of a conversion | 2451 |
community school who are subject to a collective bargaining | 2452 |
agreement pursuant to division (A)(3) of this section shall cease | 2453 |
to be subject to that agreement and all subsequent agreements | 2454 |
pursuant to that division and shall cease to be part of the | 2455 |
collective bargaining unit that is subject to that and all | 2456 |
subsequent agreements, if a majority of the employees of that | 2457 |
community school who are subject to that collective bargaining | 2458 |
agreement sign and submit to the state employment relations board | 2459 |
a petition requesting all of the following: | 2460 |
(a) That all the employees of the community school who are | 2461 |
subject to that agreement be removed from the bargaining unit that | 2462 |
is subject to that agreement and be designated by the state | 2463 |
employment relations board as a new and separate bargaining unit | 2464 |
for purposes of Chapter 4117. of the Revised Code; | 2465 |
(b) That the employee organization certified as the exclusive | 2466 |
representative of the employees of the bargaining unit from which | 2467 |
the employees are to be removed be certified as the exclusive | 2468 |
representative of the new and separate bargaining unit for | 2469 |
purposes of Chapter 4117. of the Revised Code; | 2470 |
(c) That the governing authority of the community school be | 2471 |
regarded as the "public employer" of these employees for purposes | 2472 |
of Chapter 4117. of the Revised Code. | 2473 |
(5) Notwithstanding sections 4117.03 to 4117.18 of the | 2474 |
Revised Code and Section 4 of Amended Substitute Senate Bill No. | 2475 |
133 of the 115th general assembly, the employees of a conversion | 2476 |
community school who are subject to a collective bargaining | 2477 |
agreement pursuant to division (A)(3) of this section shall cease | 2478 |
to be subject to that agreement and all subsequent agreements | 2479 |
pursuant to that division, shall cease to be part of the | 2480 |
collective bargaining unit that is subject to that and all | 2481 |
subsequent agreements, and shall cease to be represented by any | 2482 |
exclusive representative of that collective bargaining unit, if a | 2483 |
majority of the employees of the community school who are subject | 2484 |
to that collective bargaining agreement sign and submit to the | 2485 |
state employment relations board a petition requesting all of the | 2486 |
following: | 2487 |
(a) That all the employees of the community school who are | 2488 |
subject to that agreement be removed from the bargaining unit that | 2489 |
is subject to that agreement; | 2490 |
(b) That any employee organization certified as the exclusive | 2491 |
representative of the employees of that bargaining unit be | 2492 |
decertified as the exclusive representative of the employees of | 2493 |
the community school who are subject to that agreement; | 2494 |
(c) That the governing authority of the community school be | 2495 |
regarded as the "public employer" of these employees for purposes | 2496 |
of Chapter 4117. of the Revised Code. | 2497 |
(6) Upon receipt of a petition under division (A)(4) or (5) | 2498 |
of this section, the state employment relations board shall check | 2499 |
the sufficiency of the signatures on the petition. If the | 2500 |
signatures are found sufficient, the board shall certify the | 2501 |
sufficiency of the petition and so notify the parties involved, | 2502 |
including the board of education, the governing authority of the | 2503 |
community school, and any exclusive representative of the | 2504 |
bargaining unit. The changes requested in a certified petition | 2505 |
shall take effect on the first day of the month immediately | 2506 |
following the date on which the sufficiency of the petition is | 2507 |
certified under division (A)(6) of this section. | 2508 |
(B)(1) The board of education of each city, local, and | 2509 |
exempted village school district sponsoring a community school and | 2510 |
the governing board of each educational service center in which a | 2511 |
community school is located shall adopt a policy that provides a | 2512 |
leave of absence of at least three years to each teacher or | 2513 |
nonteaching employee of the district or service center who is | 2514 |
employed by a conversion or new start-up community school | 2515 |
sponsored by the district or located in the district or center for | 2516 |
the period during which the teacher or employee is continuously | 2517 |
employed by the community school. The policy shall also provide | 2518 |
that any teacher or nonteaching employee may return to employment | 2519 |
by the district or service center if the teacher or employee | 2520 |
leaves or is discharged from employment with the community school | 2521 |
for any reason, unless, in the case of a teacher, the board of the | 2522 |
district or service center determines that the teacher was | 2523 |
discharged for a reason for which the board would have sought to | 2524 |
discharge the teacher under section 3311.82 or 3319.16 of the | 2525 |
Revised Code, in which case the board may proceed to discharge the | 2526 |
teacher utilizing the procedures of that section. Upon termination | 2527 |
of such a leave of absence, any seniority that is applicable to | 2528 |
the person shall be calculated to include all of the following: | 2529 |
all employment by the district or service center prior to the | 2530 |
leave of absence; all employment by the community school during | 2531 |
the leave of absence; and all employment by the district or | 2532 |
service center after the leave of absence. The policy shall also | 2533 |
provide that if any teacher holding valid certification returns to | 2534 |
employment by the district or service center upon termination of | 2535 |
such a leave of absence, the teacher shall be restored to the | 2536 |
previous position and salary or to a position and salary similar | 2537 |
thereto. If, as a result of teachers returning to employment upon | 2538 |
termination of such leaves of absence, a school district or | 2539 |
educational service center reduces the number of teachers it | 2540 |
employs, it shall make such reductions in accordance with section | 2541 |
3319.171 of the Revised Code. | 2542 |
Unless a collective bargaining agreement providing otherwise | 2543 |
is in effect for an employee of a conversion community school | 2544 |
pursuant to division (A)(3) of this section, an employee on a | 2545 |
leave of absence pursuant to this division shall remain eligible | 2546 |
for any benefits that are in addition to benefits under Chapter | 2547 |
3307. or 3309. of the Revised Code provided by the district or | 2548 |
service center to its employees provided the employee pays the | 2549 |
entire cost associated with such benefits, except that personal | 2550 |
leave and vacation leave cannot be accrued for use as an employee | 2551 |
of a school district or service center while in the employ of a | 2552 |
community school unless the district or service center board | 2553 |
adopts a policy expressly permitting this accrual. | 2554 |
(2) While on a leave of absence pursuant to division (B)(1) | 2555 |
of this section, a conversion community school shall permit a | 2556 |
teacher to use sick leave accrued while in the employ of the | 2557 |
school district from which the leave of absence was taken and | 2558 |
prior to commencing such leave. If a teacher who is on such a | 2559 |
leave of absence uses sick leave so accrued, the cost of any | 2560 |
salary paid by the community school to the teacher for that time | 2561 |
shall be reported to the department of education. The cost of | 2562 |
employing a substitute teacher for that time shall be paid by the | 2563 |
community school. The department of education shall add amounts to | 2564 |
the payments made to a community school under this chapter as | 2565 |
necessary to cover the cost of salary reported by a community | 2566 |
school as paid to a teacher using sick leave so accrued pursuant | 2567 |
to this section. The department shall subtract the amounts of any | 2568 |
payments made to community schools under this division from | 2569 |
payments made to such sponsoring school district under Chapter | 2570 |
3317. of the Revised Code. | 2571 |
A school district providing a leave of absence and employee | 2572 |
benefits to a person pursuant to this division is not liable for | 2573 |
any action of that person while the person is on such leave and | 2574 |
employed by a community school. | 2575 |
Sec. 3316.07. (A) A school district financial planning and | 2576 |
supervision commission has the following powers, duties, and | 2577 |
functions: | 2578 |
(1) To review or to assume responsibility for the development | 2579 |
of all tax budgets, tax levy and bond and note resolutions, | 2580 |
appropriation measures, and certificates of estimated resources of | 2581 |
the school district in order to ensure that such are consistent | 2582 |
with the financial recovery plan and a balanced appropriation | 2583 |
budget for the current fiscal year, and to request and review any | 2584 |
supporting information upon which the financial recovery plan and | 2585 |
balanced appropriation budget may be developed and based, and to | 2586 |
determine whether revenue estimates and estimates of expenditures | 2587 |
and appropriations will result in a balanced budget; | 2588 |
(2) To inspect and secure copies of any document, resolution, | 2589 |
or instrument pertaining to the effective financial accounting and | 2590 |
reporting system, debt obligations, debt limits, financial | 2591 |
recovery plan, balanced appropriation budgets, appropriation | 2592 |
measures, report of audit, statement or invoice, or other | 2593 |
worksheet or record of the school district; | 2594 |
(3) To inspect and secure copies of any document, instrument, | 2595 |
certification, records of proceedings, or other worksheet or | 2596 |
records of the county budget commission, county auditor, or other | 2597 |
official or employee of the school district or of any other | 2598 |
political subdivision or agency of government of the state; | 2599 |
(4) To review, revise, and approve determinations and | 2600 |
certifications affecting the school district made by the county | 2601 |
budget commission or county auditor pursuant to Chapter 5705. of | 2602 |
the Revised Code to ensure that such determinations and | 2603 |
certifications are consistent with the laws of the state; | 2604 |
(5) To bring civil actions, including mandamus, to enforce | 2605 |
this chapter; | 2606 |
(6) After consultation with the officials of the school | 2607 |
district and the auditor of state, to implement or require | 2608 |
implementation of any necessary or appropriate steps to bring the | 2609 |
books of account, accounting systems, and financial procedures and | 2610 |
reports of the school district into compliance with requirements | 2611 |
prescribed by the auditor of state, and to assume responsibility | 2612 |
for achieving such compliance and for making any desirable | 2613 |
modifications and supplementary systems and procedures pertinent | 2614 |
to the school district; | 2615 |
(7) To assist or provide assistance to the school district or | 2616 |
to assume the total responsibility for the structuring or the | 2617 |
terms of, and the placement for sale of, debt obligations of the | 2618 |
school district; | 2619 |
(8) To perform all other powers, duties, and functions as | 2620 |
provided under this chapter; | 2621 |
(9) To make and enter into all contracts and agreements | 2622 |
necessary or incidental to the performance of its duties and the | 2623 |
exercise of its powers under this chapter; | 2624 |
(10) To consult with officials of the school district and | 2625 |
make recommendations or assume the responsibility for implementing | 2626 |
cost reductions and revenue increases to achieve balanced budgets | 2627 |
and carry out the financial recovery plan in accordance with this | 2628 |
chapter; | 2629 |
(11) To make reductions in force to bring the school | 2630 |
district's budget into balance, notwithstanding division (A) of | 2631 |
section 3311.83, section 3319.081, and divisions (A) and (B) of | 2632 |
section 3319.17 of the Revised Code, notwithstanding any provision | 2633 |
of a policy adopted under section 3319.171 of the Revised Code, | 2634 |
and notwithstanding any provision to the contrary in section | 2635 |
4117.08 or 4117.10 of the Revised Code or in any collective | 2636 |
bargaining agreement entered into on or after November 21, 1997. | 2637 |
In making reductions in force, the commission shall first | 2638 |
consider reasonable reductions among the administrative and | 2639 |
2640 | |
due regard to ensuring the district's ability to maintain the | 2641 |
personnel, programs, and services essential to the provision of an | 2642 |
adequate educational program. | 2643 |
In making these reductions in
| 2644 |
employees in districts where Chapter 124. of the Revised Code | 2645 |
controls such reductions, the reductions shall be made in | 2646 |
accordance with sections 124.321 to 124.327 of the Revised Code. | 2647 |
In making these reductions in
| 2648 |
in districts where Chapter 124. of the Revised Code does not | 2649 |
control these reductions, within each category of
| 2650 |
nonteaching employees, the commission shall give preference to | 2651 |
those employees with continuing contracts or non-probationary | 2652 |
status and who have greater seniority. | 2653 |
If revenues and expenditures cannot be balanced by reasonable | 2654 |
reductions in administrative and
| 2655 |
employees, the commission may also make reasonable reductions in | 2656 |
the number of teaching contracts. If the commission finds it | 2657 |
necessary to suspend teaching contracts, it shall suspend them in | 2658 |
accordance with divisions (B) to (D) of section 3311.83 or | 2659 |
division (C) of section 3319.17 of the Revised Code but shall | 2660 |
consider a reduction in non-classroom teachers before classroom | 2661 |
teachers. | 2662 |
(B) During the fiscal emergency period, the commission shall, | 2663 |
in addition to other powers: | 2664 |
(1) With respect to the appropriation measure in effect at | 2665 |
the commencement of the fiscal emergency period of the school | 2666 |
district if that period commenced more than three months prior to | 2667 |
the end of the current fiscal year, and otherwise with respect to | 2668 |
the appropriation measure for the next fiscal year: | 2669 |
(a) Review and determine the adequacy of all revenues to meet | 2670 |
all expenditures for such fiscal year; | 2671 |
(b) Review and determine the extent of any deficiency of | 2672 |
revenues to meet such expenditures; | 2673 |
(c) Require the school district board or superintendent to | 2674 |
provide justification documents to substantiate, to the extent and | 2675 |
in the manner considered necessary, any item of revenue or | 2676 |
appropriation; | 2677 |
(d) Not later than sixty days after taking office or after | 2678 |
receiving the appropriation measure for the next fiscal year, | 2679 |
issue a public report regarding its review pursuant to division | 2680 |
(B)(1) of this section. | 2681 |
(2) Require the school district board, by resolution, to | 2682 |
establish monthly levels of expenditures and encumbrances | 2683 |
consistent with the financial recovery plan and the commission's | 2684 |
review pursuant to divisions (B)(1)(a) and (b) of this section, or | 2685 |
establish such levels itself. If the commission permits the | 2686 |
district board to make expenditures, the commission shall monitor | 2687 |
the monthly levels of expenditures and encumbrances and require | 2688 |
justification documents to substantiate any departure from any | 2689 |
approved level. No district board shall make any expenditure apart | 2690 |
from the approved level without the written approval of the | 2691 |
commission. | 2692 |
(C) In making any determination pursuant to division (B) of | 2693 |
this section, the commission may rely on any information | 2694 |
considered in its judgment reliable or material and shall not be | 2695 |
restricted by any tax budget or certificate or any other document | 2696 |
the school district may have adopted or received from any other | 2697 |
governmental agency. | 2698 |
(D) County, state, and school district officers or employees | 2699 |
shall assist the commission diligently and promptly in the | 2700 |
prosecution of its duties, including the furnishing of any | 2701 |
materials, including justification documents, required. | 2702 |
(E) Annually on or before the first day of April during the | 2703 |
fiscal emergency period, the commission shall make reports and | 2704 |
recommendations to the speaker of the house of representatives and | 2705 |
the president of the senate concerning progress of the school | 2706 |
district to eliminate fiscal emergency conditions, failures of the | 2707 |
school district to comply with this chapter, and recommendations | 2708 |
for further actions to attain the objectives of this chapter, | 2709 |
including any legislative action needed to make provisions of law | 2710 |
more effective for their purposes, or to enhance revenue raising | 2711 |
or financing capabilities of school districts. The commission may | 2712 |
make such interim reports as it considers appropriate for such | 2713 |
purposes and shall make such additional reports as may be | 2714 |
requested by either house of the general assembly. | 2715 |
Sec. 3319.02. (A)(1) As used in this section, "other | 2716 |
administrator" means any of the following: | 2717 |
(a) Except as provided in division (A)(2) of this section, | 2718 |
any employee in a position for which a board of education requires | 2719 |
a license designated by rule of the department of education for | 2720 |
being an administrator issued under section 3319.22 of the Revised | 2721 |
Code, including a professional pupil services employee or | 2722 |
administrative specialist or an equivalent of either one who is | 2723 |
not employed as a school counselor and spends less than fifty per | 2724 |
cent of the time employed teaching or working with students; | 2725 |
(b) Any nonlicensed employee whose job duties enable such | 2726 |
employee to be considered as either a "supervisor" or a | 2727 |
"management level employee," as defined in section 4117.01 of the | 2728 |
Revised Code; | 2729 |
(c) A business manager appointed under section 3319.03 of the | 2730 |
Revised Code. | 2731 |
(2) As used in this section, "other administrator" does not | 2732 |
include a superintendent, assistant superintendent, principal, or | 2733 |
assistant principal. | 2734 |
(B) The board of education of each school district and the | 2735 |
governing board of an educational service center may appoint one | 2736 |
or more assistant superintendents and such other administrators as | 2737 |
are necessary. An assistant educational service center | 2738 |
superintendent or service center supervisor employed on a | 2739 |
part-time basis may also be employed by a local board as a | 2740 |
teacher. The board of each city, exempted village, and local | 2741 |
school district shall employ principals for all high schools and | 2742 |
for such other schools as the board designates, and those boards | 2743 |
may appoint assistant principals for any school that they | 2744 |
designate. | 2745 |
(C) In educational service centers and in city, exempted | 2746 |
village, and local school districts, assistant superintendents, | 2747 |
principals, assistant principals, and other administrators shall | 2748 |
only be employed or reemployed in accordance with nominations of | 2749 |
the superintendent, except that a board of education of a school | 2750 |
district or the governing board of a service center, by a | 2751 |
three-fourths vote of its full membership, may reemploy any | 2752 |
assistant superintendent, principal, assistant principal, or other | 2753 |
administrator whom the superintendent refuses to nominate. | 2754 |
The board of education or governing board shall execute a | 2755 |
written contract of employment with each assistant superintendent, | 2756 |
principal, assistant principal, and other administrator it employs | 2757 |
or reemploys. The term of such contract shall not exceed three | 2758 |
years except that in the case of a person who has been employed as | 2759 |
an assistant superintendent, principal, assistant principal, or | 2760 |
other administrator in the district or center for three years or | 2761 |
more, the term of the contract shall be for not more than five | 2762 |
years and, unless the superintendent of the district recommends | 2763 |
otherwise, not less than two years. If the superintendent so | 2764 |
recommends, the term of the contract of a person who has been | 2765 |
employed by the district or service center as an assistant | 2766 |
superintendent, principal, assistant principal, or other | 2767 |
administrator for three years or more may be one year, but all | 2768 |
subsequent contracts granted such person shall be for a term of | 2769 |
not less than two years and not more than five years. When a | 2770 |
teacher with continuing service status becomes an assistant | 2771 |
superintendent, principal, assistant principal, or other | 2772 |
administrator with the district or service center with which the | 2773 |
teacher holds continuing service status, the teacher retains such | 2774 |
status in the teacher's nonadministrative position as provided in | 2775 |
sections 3311.77, 3319.08, and 3319.09 of the Revised Code. | 2776 |
A board of education or governing board may reemploy an | 2777 |
assistant superintendent, principal, assistant principal, or other | 2778 |
administrator at any regular or special meeting held during the | 2779 |
period beginning on the first day of January of the calendar year | 2780 |
immediately preceding the year of expiration of the employment | 2781 |
contract and ending on the last day of March of the year the | 2782 |
employment contract expires. | 2783 |
Except by mutual agreement of the parties thereto, no | 2784 |
assistant superintendent, principal, assistant principal, or other | 2785 |
administrator shall be transferred during the life of a contract | 2786 |
to a position of lesser responsibility. No contract may be | 2787 |
terminated by a board except pursuant to section 3319.16 of the | 2788 |
Revised Code. No contract may be suspended except pursuant to | 2789 |
section 3319.17 or 3319.171 of the Revised Code. The salaries and | 2790 |
compensation prescribed by such contracts shall not be reduced by | 2791 |
a board unless such reduction is a part of a uniform plan | 2792 |
affecting the entire district or center. The contract shall | 2793 |
specify the employee's administrative position and duties as | 2794 |
included in the job description adopted under division (D) of this | 2795 |
section, the salary and other compensation to be paid for | 2796 |
performance of duties, the number of days to be worked, the number | 2797 |
of days of vacation leave, if any, and any paid holidays in the | 2798 |
contractual year. | 2799 |
An assistant superintendent, principal, assistant principal, | 2800 |
or other administrator is, at the expiration of the current term | 2801 |
of employment, deemed reemployed at the same salary plus any | 2802 |
increments that may be authorized by the board, unless such | 2803 |
employee notifies the board in writing to the contrary on or | 2804 |
before the first day of June, or unless such board, on or before | 2805 |
the last day of March of the year in which the contract of | 2806 |
employment expires, either reemploys such employee for a | 2807 |
succeeding term or gives written notice of its intention not to | 2808 |
reemploy the employee. The term of reemployment of a person | 2809 |
reemployed under this paragraph shall be one year, except that if | 2810 |
such person has been employed by the school district or service | 2811 |
center as an assistant superintendent, principal, assistant | 2812 |
principal, or other administrator for three years or more, the | 2813 |
term of reemployment shall be two years. | 2814 |
(D)(1) Each board shall adopt procedures for the evaluation | 2815 |
of all assistant superintendents, principals, assistant | 2816 |
principals, and other administrators and shall evaluate such | 2817 |
employees in accordance with those procedures. The procedures for | 2818 |
the evaluation of principals shall be based on principles | 2819 |
comparable to the teacher evaluation policy adopted by the board | 2820 |
under section 3319.111 of the Revised Code, but shall be tailored | 2821 |
to the duties and responsibilities of principals and the | 2822 |
environment in which principals work. An evaluation based upon | 2823 |
procedures adopted under this division shall be considered by the | 2824 |
board in deciding whether to renew the contract of employment of | 2825 |
an assistant superintendent, principal, assistant principal, or | 2826 |
other administrator. | 2827 |
(2) The evaluation shall measure each assistant | 2828 |
superintendent's, principal's, assistant principal's, and other | 2829 |
administrator's effectiveness in performing the duties included in | 2830 |
the job description and the evaluation procedures shall provide | 2831 |
for, but not be limited to, the following: | 2832 |
(a) Each assistant superintendent, principal, assistant | 2833 |
principal, and other administrator shall be evaluated annually | 2834 |
through a written evaluation process. | 2835 |
(b) The evaluation shall be conducted by the superintendent | 2836 |
or designee. | 2837 |
(c) In order to provide time to show progress in correcting | 2838 |
the deficiencies identified in the evaluation process, the | 2839 |
evaluation process shall be completed as follows: | 2840 |
(i) In any school year that the employee's contract of | 2841 |
employment is not due to expire, at least one evaluation shall be | 2842 |
completed in that year. A written copy of the evaluation shall be | 2843 |
provided to the employee no later than the end of the employee's | 2844 |
contract year as defined by the employee's annual salary notice. | 2845 |
(ii) In any school year that the employee's contract of | 2846 |
employment is due to expire, at least a preliminary evaluation and | 2847 |
at least a final evaluation shall be completed in that year. A | 2848 |
written copy of the preliminary evaluation shall be provided to | 2849 |
the employee at least sixty days prior to any action by the board | 2850 |
on the employee's contract of employment. The final evaluation | 2851 |
shall indicate the superintendent's intended recommendation to the | 2852 |
board regarding a contract of employment for the employee. A | 2853 |
written copy of the evaluation shall be provided to the employee | 2854 |
at least five days prior to the board's acting to renew or not | 2855 |
renew the contract. | 2856 |
(3) Termination of an assistant superintendent, principal, | 2857 |
assistant principal, or other administrator's contract shall be | 2858 |
pursuant to section 3319.16 of the Revised Code. Suspension of any | 2859 |
such employee shall be pursuant to section 3319.17 or 3319.171 of | 2860 |
the Revised Code. | 2861 |
(4) Before taking action to renew or nonrenew the contract of | 2862 |
an assistant superintendent, principal, assistant principal, or | 2863 |
other administrator under this section and prior to the last day | 2864 |
of March of the year in which such employee's contract expires, | 2865 |
the board shall notify each such employee of the date that the | 2866 |
contract expires and that the employee may request a meeting with | 2867 |
the board. Upon request by such an employee, the board shall grant | 2868 |
the employee a meeting in executive session. In that meeting, the | 2869 |
board shall discuss its reasons for considering renewal or | 2870 |
nonrenewal of the contract. The employee shall be permitted to | 2871 |
have a representative, chosen by the employee, present at the | 2872 |
meeting. | 2873 |
(5) The establishment of an evaluation procedure shall not | 2874 |
create an expectancy of continued employment. Nothing in division | 2875 |
(D) of this section shall prevent a board from making the final | 2876 |
determination regarding the renewal or nonrenewal of the contract | 2877 |
of any assistant superintendent, principal, assistant principal, | 2878 |
or other administrator. However, if a board fails to provide | 2879 |
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this | 2880 |
section, or if the board fails to provide at the request of the | 2881 |
employee a meeting as prescribed in division (D)(4) of this | 2882 |
section, the employee automatically shall be reemployed at the | 2883 |
same salary plus any increments that may be authorized by the | 2884 |
board for a period of one year, except that if the employee has | 2885 |
been employed by the district or service center as an assistant | 2886 |
superintendent, principal, assistant principal, or other | 2887 |
administrator for three years or more, the period of reemployment | 2888 |
shall be for two years. | 2889 |
(E) On nomination of the superintendent of a service center a | 2890 |
governing board may employ supervisors who shall be employed under | 2891 |
written contracts of employment for terms not to exceed five years | 2892 |
each. Such contracts may be terminated by a governing board | 2893 |
pursuant to section 3319.16 of the Revised Code. Any supervisor | 2894 |
employed pursuant to this division may terminate the contract of | 2895 |
employment at the end of any school year after giving the board at | 2896 |
least thirty days' written notice prior to such termination. On | 2897 |
the recommendation of the superintendent the contract or contracts | 2898 |
of any supervisor employed pursuant to this division may be | 2899 |
suspended for the remainder of the term of any such contract | 2900 |
pursuant to section 3319.17 or 3319.171 of the Revised Code. | 2901 |
(F) A board may establish vacation leave for any individuals | 2902 |
employed under this section. Upon such an individual's separation | 2903 |
from employment, a board that has such leave may compensate such | 2904 |
an individual at the individual's current rate of pay for all | 2905 |
lawfully accrued and unused vacation leave credited at the time of | 2906 |
separation, not to exceed the amount accrued within three years | 2907 |
before the date of separation. In case of the death of an | 2908 |
individual employed under this section, such unused vacation leave | 2909 |
as the board would have paid to the individual upon separation | 2910 |
under this section shall be paid in accordance with section | 2911 |
2113.04 of the Revised Code, or to the estate. | 2912 |
(G) The board of education of any school district may | 2913 |
contract with the governing board of the educational service | 2914 |
center from which it otherwise receives services to conduct | 2915 |
searches and recruitment of candidates for assistant | 2916 |
superintendent, principal, assistant principal, and other | 2917 |
administrator positions authorized under this section. | 2918 |
Sec. 3319.071. The board of education of any school district | 2919 |
may, by resolution, establish a professional development program | 2920 |
for teachers in accordance with which it may reimburse teachers | 2921 |
employed by the district for all or any part of the cost incurred | 2922 |
by the teacher in the successful completion of a course or | 2923 |
training program in which the teacher enrolled as part of the | 2924 |
development program. The terms and conditions for participation | 2925 |
shall be determined by the board and shall be included in the | 2926 |
resolution establishing the program. | 2927 |
No teacher shall be required to participate in a professional | 2928 |
development program under this section. When a teacher is | 2929 |
participating in such a program, such participation does not | 2930 |
constitute the performance of duties by such teacher in addition | 2931 |
to the teacher's regular teaching duties and is not subject to | 2932 |
section 3311.77 or 3319.08 of the Revised Code. | 2933 |
As used in this section, "teacher" has the meaning contained | 2934 |
in division (A) of section 3319.09 of the Revised Code. | 2935 |
Sec. 3319.10. Teachers may be employed as substitute | 2936 |
teachers for terms not to exceed one year for assignment as | 2937 |
services are needed to take the place of regular teachers absent | 2938 |
on account of illness or on leaves of absence or to fill | 2939 |
temporarily positions created by emergencies; such assignment to | 2940 |
be subject to termination when such services no longer are needed. | 2941 |
A teacher employed as a substitute with an assignment to one | 2942 |
specific teaching position shall after sixty days of service be | 2943 |
granted sick leave, visiting days, and other local privileges | 2944 |
granted to regular teachers including a salary not less than the | 2945 |
minimum salary on the current adopted salary schedule. | 2946 |
A teacher employed as a substitute for one hundred twenty | 2947 |
days or more during a school year and re-employed for or assigned | 2948 |
to a specific teaching position for the succeeding year shall | 2949 |
receive a contract as a regular teacher if the substitute meets | 2950 |
the local educational requirements for the employment of regular | 2951 |
teachers. | 2952 |
Teachers employed as substitutes on a casual or day-to-day | 2953 |
basis shall not be entitled to the notice of nonre-employment | 2954 |
prescribed in section 3311.81 or 3319.11 of the Revised Code, but | 2955 |
boards of education may grant such teachers sick leave and other | 2956 |
local privileges and cumulate such service in determining | 2957 |
seniority. | 2958 |
For purposes of determining in any school year the days of | 2959 |
service of a substitute teacher under this section, any teacher's | 2960 |
days of service in that school year while conditionally employed | 2961 |
as a substitute teacher under section 3319.101 of the Revised Code | 2962 |
shall count as days of service as a substitute teacher under this | 2963 |
section. | 2964 |
Sec. 3319.112. (A) Not later than December 31, 2011, the | 2965 |
state board of education shall develop a standards-based state | 2966 |
framework for the evaluation of teachers. The framework shall | 2967 |
establish an evaluation system that does the following: | 2968 |
(1) Provides for multiple evaluation factors, including | 2969 |
student academic growth which shall account for fifty per cent of | 2970 |
each evaluation; | 2971 |
(2) Is aligned with the standards for teachers adopted under | 2972 |
section 3319.61 of the Revised Code; | 2973 |
(3) Requires observation of the teacher being evaluated, | 2974 |
including at least two formal observations by the evaluator of at | 2975 |
least thirty minutes each and classroom walk-throughs; | 2976 |
(4) Assigns a rating on each evaluation in accordance with | 2977 |
division (B) of this section; | 2978 |
(5) Requires each teacher to be provided with a written | 2979 |
report of the results of the teacher's evaluation; | 2980 |
(6) Identifies measures of student academic growth for grade | 2981 |
levels and subjects for which the value-added progress dimension | 2982 |
prescribed by section 3302.021 of the Revised Code does not apply; | 2983 |
(7) Implements a classroom-level, value-added program | 2984 |
developed by a nonprofit organization described in division (B) of | 2985 |
section 3302.021 of the Revised Code; | 2986 |
(8) Provides for professional development to accelerate and | 2987 |
continue teacher growth and provide support to poorly performing | 2988 |
teachers; | 2989 |
(9) Provides for the allocation of financial resources to | 2990 |
support professional development. | 2991 |
(B) For purposes of the framework developed under this | 2992 |
section, the state board also shall do the following: | 2993 |
(1) Develop specific standards and criteria that distinguish | 2994 |
between the following levels of performance for teachers and | 2995 |
principals for the purpose of assigning ratings on the evaluations | 2996 |
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111 | 2997 |
of the Revised Code: | 2998 |
(a) Accomplished; | 2999 |
(b) Proficient; | 3000 |
(c) Developing; | 3001 |
(d) Ineffective. | 3002 |
(2) For grade levels and subjects for which the assessments | 3003 |
prescribed under sections 3301.0710 and 3301.0712 of the Revised | 3004 |
Code and the value-added progress dimension prescribed by section | 3005 |
3302.021 of the Revised Code do not apply, develop a list of | 3006 |
student assessments that measure mastery of the course content for | 3007 |
the appropriate grade level, which may include nationally normed | 3008 |
standardized assessments, industry certification examinations, or | 3009 |
end-of-course examinations. | 3010 |
(C) The state board shall consult with experts, teachers and | 3011 |
principals employed in public schools, and representatives of | 3012 |
stakeholder groups in developing the standards and criteria | 3013 |
required by division (B)(1) of this section. | 3014 |
(D) To assist school districts in developing evaluation | 3015 |
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of | 3016 |
the Revised Code, the department shall do both of the following: | 3017 |
(1) Serve as a clearinghouse of promising evaluation | 3018 |
procedures and evaluation models that districts may use; | 3019 |
(2) Provide technical assistance to districts in creating | 3020 |
evaluation policies. | 3021 |
Sec. 3319.12. Each board of education shall cause notice to | 3022 |
be given annually not later than the first day of July to each | 3023 |
teacher who holds a contract valid for the succeeding school year, | 3024 |
as to the salary to be paid such teacher during such year. Such | 3025 |
salary shall not be lower than the salary paid during the | 3026 |
preceding school year unless such reduction is a part of a uniform | 3027 |
plan affecting the entire district. This section does not prevent | 3028 |
increases of salary after the board's annual notice has been | 3029 |
given. | 3030 |
Except by mutual agreement of the parties thereto a teacher | 3031 |
employed under a contract of employment in an administrative | 3032 |
supervisory position in a school district, or in any position | 3033 |
provided for by section 3319.01 or 3319.02 of the Revised Code, | 3034 |
shall not be transferred during the life of | 3035 |
contract to a position of lesser responsibility. No contract or | 3036 |
supplemental contract for the employment of a teacher, whether for | 3037 |
an administrative or supervisory position, a position provided for | 3038 |
by sections 3319.01 and 3319.02 of the Revised Code, regular | 3039 |
teaching duties, or additional duties, may be terminated or | 3040 |
suspended by a board of education except pursuant to section | 3041 |
3311.82, 3319.02, or 3319.16 of the Revised Code, and the salaries | 3042 |
and compensations prescribed by such contracts shall not be | 3043 |
reduced by a board of education unless such reduction is a part of | 3044 |
a uniform plan affecting the entire district. This section shall | 3045 |
apply only to contracts entered into after August 18, 1969. | 3046 |
Sec. 3319.13. Upon the written request of a teacher or a | 3047 |
regular nonteaching school employee, a board of education may | 3048 |
grant a leave of absence for a period of not more than two | 3049 |
consecutive school years for educational, professional, or other | 3050 |
purposes, and shall grant such leave where illness or other | 3051 |
disability is the reason for the request. Upon subsequent request, | 3052 |
such leave may be renewed by the board. Without request, a board | 3053 |
may grant similar leave of absence and renewals thereof to any | 3054 |
teacher or regular nonteaching school employee because of physical | 3055 |
or mental disability, but such teacher may have a hearing on such | 3056 |
unrequested leave of absence or its renewals in accordance with | 3057 |
section 3311.82 or 3319.16 of the Revised Code, and such | 3058 |
nonteaching school employee may have a hearing on such unrequested | 3059 |
leave of absence or its renewals in accordance with division (C) | 3060 |
of section 3319.081 of the Revised Code. Upon the return to | 3061 |
service of a teacher or a nonteaching school employee at the | 3062 |
expiration of a leave of absence, the teacher or nonteaching | 3063 |
school employee shall resume the contract status that the teacher | 3064 |
or nonteaching school employee held prior to the leave of absence. | 3065 |
Any teacher who leaves a teaching position for service in the | 3066 |
uniformed services and who returns from service in the uniformed | 3067 |
services that is terminated in a manner other than as described in | 3068 |
section 4304 of Title 38 of the United States Code, "Uniformed | 3069 |
Services Employment and Reemployment Rights Act of 1994," 108 | 3070 |
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status | 3071 |
held prior to entering the uniformed services, subject to passing | 3072 |
a physical examination by an individual authorized by the Revised | 3073 |
Code to conduct physical examinations, including a physician | 3074 |
assistant, a clinical nurse specialist, a certified nurse | 3075 |
practitioner, or a certified nurse-midwife. Any written | 3076 |
documentation of the physical examination shall be completed by | 3077 |
the individual who conducted the examination. Such contract status | 3078 |
shall be resumed at the first of the school semester or the | 3079 |
beginning of the school year following return from the uniformed | 3080 |
services. For purposes of this section and section 3319.14 of the | 3081 |
Revised Code, "uniformed services" and "service in the uniformed | 3082 |
services" have the same meanings as defined in section 5923.05 of | 3083 |
the Revised Code. | 3084 |
Upon the return of a nonteaching school employee from a leave | 3085 |
of absence, the board may terminate the employment of a person | 3086 |
hired exclusively for the purpose of replacing the returning | 3087 |
employee while the returning employee was on leave. If, after the | 3088 |
return of a nonteaching employee from leave, the person employed | 3089 |
exclusively for the purpose of replacing an employee while the | 3090 |
employee was on leave is continued in employment as a regular | 3091 |
nonteaching school employee or if the person is hired by the board | 3092 |
as a regular nonteaching school employee within a year after | 3093 |
employment as a replacement is terminated, the person shall, for | 3094 |
purposes of section 3319.081 of the Revised Code, receive credit | 3095 |
for the person's length of service with the school district during | 3096 |
such replacement period in the following manner: | 3097 |
(A) If employed as a replacement for less than twelve months, | 3098 |
the person shall be employed under a contract valid for a period | 3099 |
equal to twelve months less the number of months employed as a | 3100 |
replacement. At the end of such contract period, if the person is | 3101 |
reemployed it shall be under a two-year contract. Subsequent | 3102 |
reemployment shall be pursuant to division (B) of section 3319.081 | 3103 |
of the Revised Code. | 3104 |
(B) If employed as a replacement for twelve months or more | 3105 |
but less than twenty-four months, the person shall be employed | 3106 |
under a contract valid for a period equal to twenty-four months | 3107 |
less the number of months employed as a replacement. Subsequent | 3108 |
reemployment shall be pursuant to division (B) of section 3319.081 | 3109 |
of the Revised Code. | 3110 |
(C) If employed as a replacement for more than twenty-four | 3111 |
months, the person shall be employed pursuant to division (B) of | 3112 |
section 3319.081 of the Revised Code. | 3113 |
For purposes of this section, employment during any part of a | 3114 |
month shall count as employment during the entire month. | 3115 |
Sec. 3319.14. Any teacher who has left, or leaves, a | 3116 |
teaching position, by resignation or otherwise, and within forty | 3117 |
school days thereafter entered, or enters, the uniformed services | 3118 |
and whose service is terminated in a manner other than as | 3119 |
described in section 4304 of Title 38 of the United States Code, | 3120 |
"Uniformed Services Employment and Reemployment Rights Act of | 3121 |
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by | 3122 |
the board of education of the district in which the teacher held | 3123 |
such teaching position, under the same type of contract as that | 3124 |
which the teacher last held in such district, if the teacher | 3125 |
applies to the board of education for reemployment in accordance | 3126 |
with the "Uniformed Services Employment and Reemployment Rights | 3127 |
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such | 3128 |
application, the teacher shall be reemployed at the first of the | 3129 |
next school semester, if the application is made not less than | 3130 |
thirty days prior to the first of the next school semester, in | 3131 |
which case the teacher shall be reemployed the first of the | 3132 |
following school semester, unless the board of education waives | 3133 |
the requirement for the thirty-day period. | 3134 |
For the purposes of seniority and placement on the salary | 3135 |
schedule, years of absence performing service in the uniformed | 3136 |
services shall be counted as though teaching service had been | 3137 |
performed during such time. | 3138 |
The board of education of the district in which such teacher | 3139 |
was employed and is reemployed under this section may suspend the | 3140 |
contract of the teacher whose services become unnecessary by | 3141 |
reason of the return of a teacher from service in the uniformed | 3142 |
services in accordance with section 3311.83, 3319.17, or 3319.171 | 3143 |
of the Revised Code. | 3144 |
Sec. 3319.141. Each person who is employed by any board of | 3145 |
education in this state, except for substitutes, adult education | 3146 |
instructors who are scheduled to work the full-time equivalent of | 3147 |
less than one hundred twenty days per school year, or persons who | 3148 |
are employed on an as-needed, seasonal, or intermittent basis, | 3149 |
shall be entitled to fifteen days sick leave with pay, for each | 3150 |
year under contract, which shall be credited at the rate of one | 3151 |
and one-fourth days per month. Teachers and regular nonteaching | 3152 |
school employees, upon approval of the responsible administrative | 3153 |
officer of the school district, may use sick leave for absence due | 3154 |
to personal illness, pregnancy, injury, exposure to contagious | 3155 |
disease which could be communicated to others, and for absence due | 3156 |
to illness, injury, or death in the employee's immediate family. | 3157 |
Unused sick leave shall be cumulative up to one hundred twenty | 3158 |
work days, unless more than one hundred twenty days are approved | 3159 |
by the employing board of education. The previously accumulated | 3160 |
sick leave of a person who has been separated from public service, | 3161 |
whether accumulated pursuant to section 124.38 of the Revised Code | 3162 |
or pursuant to this section, shall be placed to the person's | 3163 |
credit upon re-employment in the public service, provided that | 3164 |
such re-employment takes place within ten years of the date of the | 3165 |
last termination from public service. A teacher or nonteaching | 3166 |
school employee who transfers from one public agency to another | 3167 |
shall be credited with the unused balance of the teacher's or | 3168 |
nonteaching employee's accumulated sick leave up to the maximum of | 3169 |
the sick leave accumulation permitted in the public agency to | 3170 |
which the employee transfers. Teachers and nonteaching school | 3171 |
employees who render regular part-time, per diem, or hourly | 3172 |
service shall be entitled to sick leave for the time actually | 3173 |
worked at the same rate as that granted like full-time employees, | 3174 |
calculated in the same manner as the ratio of sick leave granted | 3175 |
to hours of service established by section 124.38 of the Revised | 3176 |
Code. Each board of education may establish regulations for the | 3177 |
entitlement, crediting and use of sick leave by those substitute | 3178 |
teachers employed by such board pursuant to section 3319.10 of the | 3179 |
Revised Code who are not otherwise entitled to sick leave pursuant | 3180 |
to such section. A board of education shall require a teacher or | 3181 |
nonteaching school employee to furnish a written, signed statement | 3182 |
on forms prescribed by such board to justify the use of sick | 3183 |
leave. If medical attention is required, the employee's statement | 3184 |
shall list the name and address of the attending physician and the | 3185 |
dates when the physician was consulted. Nothing in this section | 3186 |
shall be construed to waive the physician-patient privilege | 3187 |
provided by section 2317.02 of the Revised Code. Falsification of | 3188 |
a statement is grounds for suspension or termination of employment | 3189 |
under sections 3311.82, 3319.081, and 3319.16 of the Revised Code. | 3190 |
No sick leave shall be granted or credited to a teacher after the | 3191 |
teacher's retirement or termination of employment. | 3192 |
Except to the extent used as sick leave, leave granted under | 3193 |
regulations adopted by a board of education pursuant to section | 3194 |
3311.77 or 3319.08 of the Revised Code shall not be charged | 3195 |
against sick leave earned or earnable under this section. Nothing | 3196 |
in this section shall be construed to affect in any other way the | 3197 |
granting of leave pursuant to section 3311.77 or 3319.08 of the | 3198 |
Revised Code and any granting of sick leave pursuant to such | 3199 |
section shall be charged against sick leave accumulated pursuant | 3200 |
to this section. | 3201 |
This section shall not be construed to interfere with any | 3202 |
unused sick leave credit in any agency of government where | 3203 |
attendance records are maintained and credit has been given for | 3204 |
unused sick leave. Unused sick leave accumulated by teachers and | 3205 |
nonteaching school employees under section 124.38 of the Revised | 3206 |
Code shall continue to be credited toward the maximum accumulation | 3207 |
permitted in accordance with this section. Each newly hired | 3208 |
regular nonteaching and each regular nonteaching employee of any | 3209 |
board of education who has exhausted the employee's accumulated | 3210 |
sick leave shall be entitled to an advancement of not less than | 3211 |
five days of sick leave each year, as authorized by rules which | 3212 |
each board shall adopt, to be charged against the sick leave the | 3213 |
employee subsequently accumulates under this section. | 3214 |
This section shall be uniformly administered. | 3215 |
Sec. 3319.143. Notwithstanding section 3319.141 of the | 3216 |
Revised Code, the board of education of a city, exempted village, | 3217 |
local or joint vocational school district may adopt a policy of | 3218 |
assault leave by which an employee who is absent due to physical | 3219 |
disability resulting from an assault which occurs in the course of | 3220 |
board employment will be maintained on full pay status during the | 3221 |
period of such absence. A board of education electing to effect | 3222 |
such a policy of assault leave shall establish rules for the | 3223 |
entitlement, crediting, and use of assault leave and file a copy | 3224 |
of same with the state board of education. A board of education | 3225 |
adopting this policy shall require an employee to furnish a signed | 3226 |
statement on forms prescribed by such board to justify the use of | 3227 |
assault leave. If medical attention is required, a certificate | 3228 |
from a licensed physician stating the nature of the disability and | 3229 |
its duration shall be required before assault leave can be | 3230 |
approved for payment. Falsification of either a signed statement | 3231 |
or a physician's certificate is ground for suspension or | 3232 |
termination of employment under section 3311.82 or 3319.16 of the | 3233 |
Revised Code. | 3234 |
Assault leave granted under rules adopted by a board of | 3235 |
education pursuant to this section shall not be charged against | 3236 |
sick leave earned or earnable under section 3319.141 of the | 3237 |
Revised Code or leave granted under rules adopted by a board of | 3238 |
education pursuant to section 3311.77 or 3319.08 of the Revised | 3239 |
Code. This section shall be uniformly administered in those | 3240 |
districts where such policy is adopted. | 3241 |
Sec. 3319.151. (A) No person shall reveal to any student any | 3242 |
specific question that the person knows is part of an assessment | 3243 |
to be administered under section 3301.0711 of the Revised Code or | 3244 |
in any other way assist a pupil to cheat on such an assessment. | 3245 |
(B) On a finding by the state board of education, after | 3246 |
investigation, that a school employee who holds a license issued | 3247 |
under sections 3319.22 to 3319.31 of the Revised Code has violated | 3248 |
division (A) of this section, the license of such teacher shall be | 3249 |
suspended for one year. Prior to commencing an investigation, the | 3250 |
board shall give the teacher notice of the allegation and an | 3251 |
opportunity to respond and present a defense. | 3252 |
(C)(1) Violation of division (A) of this section is grounds | 3253 |
for termination of employment of a nonteaching employee under | 3254 |
division (C) of section 3319.081 or section 124.34 of the Revised | 3255 |
Code. | 3256 |
(2) Violation of division (A) of this section is grounds for | 3257 |
termination of a teacher contract under section 3311.82 or 3319.16 | 3258 |
of the Revised Code. | 3259 |
Sec. 3319.18. If an entire school district or that part of a | 3260 |
school district which comprises the territory in which a school is | 3261 |
situated is transferred to any other district, or if a new school | 3262 |
district is created, the teachers in such districts or schools | 3263 |
employed on continuing contracts immediately prior to such | 3264 |
transfer, or creation shall, subject to section 3311.83, 3319.17, | 3265 |
or 3319.171 of the Revised Code, have continuing service status in | 3266 |
the newly created district, or in the district to which the | 3267 |
territory is transferred. | 3268 |
The limited contracts of the teachers employed in such | 3269 |
districts or schools immediately prior to such transfer, or | 3270 |
creation, shall become the legal obligations of the board of | 3271 |
education in the newly created district, or in the district to | 3272 |
which the territory is transferred, subject to section 3311.83, | 3273 |
3319.17, or 3319.171 of the Revised Code. The teaching experience | 3274 |
of such teachers in such prior districts or schools shall be | 3275 |
included in the three years of service required under section | 3276 |
3319.11 of the Revised Code for a teacher to become eligible for | 3277 |
continuing service status. | 3278 |
Teachers employed on limited or continuing contracts in an | 3279 |
entire school district or that part of a school district which | 3280 |
comprises the territory in which a school is situated which is | 3281 |
transferred to any other district or which is merged with other | 3282 |
school territory to create a new school district, shall be placed, | 3283 |
on the effective date of such transfer or merger, on the salary | 3284 |
schedule of the district to which the territory is transferred or | 3285 |
the newly created district, according to their training and | 3286 |
experience. Such experience shall be the total sum of the years | 3287 |
taught in the district whose territory was transferred or merged | 3288 |
to create a new district, plus the total number of years of | 3289 |
teaching experience recognized by such previous district upon its | 3290 |
first employment of such teachers. | 3291 |
The placement of the teachers on the salary schedule, | 3292 |
pursuant to this section, shall not result, however, in the salary | 3293 |
of any teacher being less than the teacher's current annual salary | 3294 |
for regular duties, in existence immediately prior to the merger | 3295 |
or transfer. | 3296 |
When suspending contracts in accordance with an | 3297 |
administrative personnel suspension policy adopted under section | 3298 |
3319.171 of the Revised Code, a board may consider years of | 3299 |
teaching service in the previous district in its decision if it is | 3300 |
a part of the suspension policy. | 3301 |
Sec. 3319.283. (A) The board of education of any school | 3302 |
district may employ an individual who is not certificated or | 3303 |
licensed as required by Chapter 3319. of the Revised Code, but who | 3304 |
meets the following qualifications, as a teacher in the schools of | 3305 |
the district: | 3306 |
(1) The individual is a veteran of the armed forces of the | 3307 |
United States and was honorably discharged within three years of | 3308 |
June 30, 1997; | 3309 |
(2) While in the armed forces the individual had meaningful | 3310 |
teaching or other instructional experience; | 3311 |
(3) The individual holds at least a baccalaureate degree. | 3312 |
(B) An individual employed under this section shall be deemed | 3313 |
to hold a teaching certificate or educator license for the | 3314 |
purposes of state and federal law and rules and regulations and | 3315 |
school district policies, rules, and regulations. However, an | 3316 |
individual employed under this section is not a highly qualified | 3317 |
teacher for purposes of the school district's compliance with | 3318 |
section 3319.074 of the Revised Code. Each individual employed | 3319 |
under this section shall meet the requirement to successfully | 3320 |
complete fifteen hours, or the equivalent, of coursework every | 3321 |
five years that is approved by the local professional development | 3322 |
committee as is required of other teachers licensed in accordance | 3323 |
with Chapter 3319. of the Revised Code. | 3324 |
(C) The superintendent of public instruction may revoke the | 3325 |
right of an individual employed under division (A) of this section | 3326 |
to teach if, after an investigation and an adjudication conducted | 3327 |
pursuant to Chapter 119. of the Revised Code, the superintendent | 3328 |
finds that the person is not competent to teach the subject the | 3329 |
person has been employed to teach or did not fulfill the | 3330 |
requirements of division (A) of this section. No individual whose | 3331 |
right to teach has been revoked under this division shall teach in | 3332 |
a public school, and no board of education may engage such an | 3333 |
individual to teach in the schools of its district. | 3334 |
Notwithstanding division (B) of this section, a board of | 3335 |
education is not required to comply with the provisions of | 3336 |
sections 3311.81, 3311.82, 3319.11, and 3319.16 of the Revised | 3337 |
Code with regard to termination of employment if the | 3338 |
superintendent, after an investigation and an adjudication, has | 3339 |
revoked the individual's right to teach. | 3340 |
Sec. 4141.29. Each eligible individual shall receive | 3341 |
benefits as compensation for loss of remuneration due to | 3342 |
involuntary total or partial unemployment in the amounts and | 3343 |
subject to the conditions stipulated in this chapter. | 3344 |
(A) No individual is entitled to a waiting period or benefits | 3345 |
for any week unless the individual: | 3346 |
(1) Has filed a valid application for determination of | 3347 |
benefit rights in accordance with section 4141.28 of the Revised | 3348 |
Code; | 3349 |
(2) Has made a claim for benefits in accordance with section | 3350 |
4141.28 of the Revised Code; | 3351 |
(3) Has registered at an employment office or other | 3352 |
registration place maintained or designated by the director of job | 3353 |
and family services. Registration shall be made in accordance with | 3354 |
the time limits, frequency, and manner prescribed by the director. | 3355 |
(4)(a)(i) Is able to work and available for suitable work | 3356 |
and, except as provided in division (A)(4)(a)(ii) of this section, | 3357 |
is actively seeking suitable work either in a locality in which | 3358 |
the individual has earned wages subject to this chapter during the | 3359 |
individual's base period, or if the individual leaves that | 3360 |
locality, then in a locality where suitable work normally is | 3361 |
performed. | 3362 |
(ii) The director may waive the requirement that a claimant | 3363 |
be actively seeking work when the director finds that the | 3364 |
individual has been laid off and the employer who laid the | 3365 |
individual off has notified the director within ten days after the | 3366 |
layoff, that work is expected to be available for the individual | 3367 |
within a specified number of days not to exceed forty-five | 3368 |
calendar days following the last day the individual worked. In the | 3369 |
event the individual is not recalled within the specified period, | 3370 |
this waiver shall cease to be operative with respect to that | 3371 |
layoff. | 3372 |
(b) The individual shall be instructed as to the efforts that | 3373 |
the individual must make in the search for suitable work, except | 3374 |
where the active search for work requirement has been waived under | 3375 |
division (A)(4)(a) of this section, and shall keep a record of | 3376 |
where and when the individual has sought work in complying with | 3377 |
those instructions and, upon request, shall produce that record | 3378 |
for examination by the director. | 3379 |
(c) An individual who is attending a training course approved | 3380 |
by the director meets the requirement of this division, if | 3381 |
attendance was recommended by the director and the individual is | 3382 |
regularly attending the course and is making satisfactory | 3383 |
progress. An individual also meets the requirements of this | 3384 |
division if the individual is participating and advancing in a | 3385 |
training program, as defined in division (P) of section 5709.61 of | 3386 |
the Revised Code, and if an enterprise, defined in division (B) of | 3387 |
section 5709.61 of the Revised Code, is paying all or part of the | 3388 |
cost of the individual's participation in the training program | 3389 |
with the intention of hiring the individual for employment as a | 3390 |
new employee, as defined in division (L) of section 5709.61 of the | 3391 |
Revised Code, for at least ninety days after the individual's | 3392 |
completion of the training program. | 3393 |
(d) An individual who becomes unemployed while attending a | 3394 |
regularly established school and whose base period qualifying | 3395 |
weeks were earned in whole or in part while attending that school, | 3396 |
meets the availability and active search for work requirements of | 3397 |
division (A)(4)(a) of this section if the individual regularly | 3398 |
attends the school during weeks with respect to which the | 3399 |
individual claims unemployment benefits and makes self available | 3400 |
on any shift of hours for suitable employment with the | 3401 |
individual's most recent employer or any other employer in the | 3402 |
individual's base period, or for any other suitable employment to | 3403 |
which the individual is directed, under this chapter. | 3404 |
(e) The director shall adopt any rules that the director | 3405 |
deems necessary for the administration of division (A)(4) of this | 3406 |
section. | 3407 |
(f) Notwithstanding any other provisions of this section, no | 3408 |
otherwise eligible individual shall be denied benefits for any | 3409 |
week because the individual is in training approved under section | 3410 |
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 3411 |
2296, nor shall that individual be denied benefits by reason of | 3412 |
leaving work to enter such training, provided the work left is not | 3413 |
suitable employment, or because of the application to any week in | 3414 |
training of provisions in this chapter, or any applicable federal | 3415 |
unemployment compensation law, relating to availability for work, | 3416 |
active search for work, or refusal to accept work. | 3417 |
For the purposes of division (A)(4)(f) of this section, | 3418 |
"suitable employment" means with respect to an individual, work of | 3419 |
a substantially equal or higher skill level than the individual's | 3420 |
past adversely affected employment, as defined for the purposes of | 3421 |
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and | 3422 |
wages for such work at not less than eighty per cent of the | 3423 |
individual's average weekly wage as determined for the purposes of | 3424 |
that federal act. | 3425 |
(5) Is unable to obtain suitable work. An individual who is | 3426 |
provided temporary work assignments by the individual's employer | 3427 |
under agreed terms and conditions of employment, and who is | 3428 |
required pursuant to those terms and conditions to inquire with | 3429 |
the individual's employer for available work assignments upon the | 3430 |
conclusion of each work assignment, is not considered unable to | 3431 |
obtain suitable employment if suitable work assignments are | 3432 |
available with the employer but the individual fails to contact | 3433 |
the employer to inquire about work assignments. | 3434 |
(6) Participates in reemployment services, such as job search | 3435 |
assistance services, if the individual has been determined to be | 3436 |
likely to exhaust benefits under this chapter, including | 3437 |
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than | 3438 |
extended compensation, and needs reemployment services pursuant to | 3439 |
the profiling system established by the director under division | 3440 |
(K) of this section, unless the director determines that: | 3441 |
(a) The individual has completed such services; or | 3442 |
(b) There is justifiable cause for the claimant's failure to | 3443 |
participate in such services. | 3444 |
(B) An individual suffering total or partial unemployment is | 3445 |
eligible for benefits for unemployment occurring subsequent to a | 3446 |
waiting period of one week and no benefits shall be payable during | 3447 |
this required waiting period. Not more than one week of waiting | 3448 |
period shall be required of any individual in any benefit year in | 3449 |
order to establish the individual's eligibility for total or | 3450 |
partial unemployment benefits. | 3451 |
(C) The waiting period for total or partial unemployment | 3452 |
shall commence on the first day of the first week with respect to | 3453 |
which the individual first files a claim for benefits at an | 3454 |
employment office or other place of registration maintained or | 3455 |
designated by the director or on the first day of the first week | 3456 |
with respect to which the individual has otherwise filed a claim | 3457 |
for benefits in accordance with the rules of the department of job | 3458 |
and family services, provided such claim is allowed by the | 3459 |
director. | 3460 |
(D) Notwithstanding division (A) of this section, no | 3461 |
individual may serve a waiting period or be paid benefits under | 3462 |
the following conditions: | 3463 |
(1) For any week with respect to which the director finds | 3464 |
that: | 3465 |
(a) The individual's unemployment was due to a labor dispute | 3466 |
other than a lockout at any factory, establishment, or other | 3467 |
premises located in this or any other state and owned or operated | 3468 |
by the employer by which the individual is or was last employed; | 3469 |
and for so long as the individual's unemployment is due to such | 3470 |
labor dispute. No individual shall be disqualified under this | 3471 |
provision if either of the following applies: | 3472 |
(i) The individual's employment was with such employer at any | 3473 |
factory, establishment, or premises located in this state, owned | 3474 |
or operated by such employer, other than the factory, | 3475 |
establishment, or premises at which the labor dispute exists, if | 3476 |
it is shown that the individual is not financing, participating | 3477 |
in, or directly interested in such labor dispute; | 3478 |
(ii) The individual's employment was with an employer not | 3479 |
involved in the labor dispute but whose place of business was | 3480 |
located within the same premises as the employer engaged in the | 3481 |
dispute, unless the individual's employer is a wholly owned | 3482 |
subsidiary of the employer engaged in the dispute, or unless the | 3483 |
individual actively participates in or voluntarily stops work | 3484 |
because of such dispute. If it is established that the claimant | 3485 |
was laid off for an indefinite period and not recalled to work | 3486 |
prior to the dispute, or was separated by the employer prior to | 3487 |
the dispute for reasons other than the labor dispute, or that the | 3488 |
individual obtained a bona fide job with another employer while | 3489 |
the dispute was still in progress, such labor dispute shall not | 3490 |
render the employee ineligible for benefits. | 3491 |
(b) The individual has been given a disciplinary layoff for | 3492 |
misconduct in connection with the individual's work. | 3493 |
(2) For the duration of the individual's unemployment if the | 3494 |
director finds that: | 3495 |
(a) The individual quit work without just cause or has been | 3496 |
discharged for just cause in connection with the individual's | 3497 |
work, provided division (D)(2) of this section does not apply to | 3498 |
the separation of a person under any of the following | 3499 |
circumstances: | 3500 |
(i) Separation from employment for the purpose of entering | 3501 |
the armed forces of the United States if the individual is | 3502 |
inducted into the armed forces within one of the following | 3503 |
periods: | 3504 |
(I) Thirty days after separation; | 3505 |
(II) One hundred eighty days after separation if the | 3506 |
individual's date of induction is delayed solely at the discretion | 3507 |
of the armed forces. | 3508 |
(ii) Separation from employment pursuant to a | 3509 |
labor-management contract or agreement, or pursuant to an | 3510 |
established employer plan, program, or policy, which permits the | 3511 |
employee, because of lack of work, to accept a separation from | 3512 |
employment; | 3513 |
(iii) The individual has left employment to accept a recall | 3514 |
from a prior employer or, except as provided in division | 3515 |
(D)(2)(a)(iv) of this section, to accept other employment as | 3516 |
provided under section 4141.291 of the Revised Code, or left or | 3517 |
was separated from employment that was concurrent employment at | 3518 |
the time of the most recent separation or within six weeks prior | 3519 |
to the most recent separation where the remuneration, hours, or | 3520 |
other conditions of such concurrent employment were substantially | 3521 |
less favorable than the individual's most recent employment and | 3522 |
where such employment, if offered as new work, would be considered | 3523 |
not suitable under the provisions of divisions (E) and (F) of this | 3524 |
section. Any benefits that would otherwise be chargeable to the | 3525 |
account of the employer from whom an individual has left | 3526 |
employment or was separated from employment that was concurrent | 3527 |
employment under conditions described in division (D)(2)(a)(iii) | 3528 |
of this section, shall instead be charged to the mutualized | 3529 |
account created by division (B) of section 4141.25 of the Revised | 3530 |
Code, except that any benefits chargeable to the account of a | 3531 |
reimbursing employer under division (D)(2)(a)(iii) of this section | 3532 |
shall be charged to the account of the reimbursing employer and | 3533 |
not to the mutualized account, except as provided in division | 3534 |
(D)(2) of section 4141.24 of the Revised Code. | 3535 |
(iv) When an individual has been issued a definite layoff | 3536 |
date by the individual's employer and before the layoff date, the | 3537 |
individual quits to accept other employment, the provisions of | 3538 |
division (D)(2)(a)(iii) of this section apply and no | 3539 |
disqualification shall be imposed under division (D) of this | 3540 |
section. However, if the individual fails to meet the employment | 3541 |
and earnings requirements of division (A)(2) of section 4141.291 | 3542 |
of the Revised Code, then the individual, pursuant to division | 3543 |
(A)(5) of this section, shall be ineligible for benefits for any | 3544 |
week of unemployment that occurs prior to the layoff date. | 3545 |
(b) The individual has refused without good cause to accept | 3546 |
an offer of suitable work when made by an employer either in | 3547 |
person or to the individual's last known address, or has refused | 3548 |
or failed to investigate a referral to suitable work when directed | 3549 |
to do so by a local employment office of this state or another | 3550 |
state, provided that this division shall not cause a | 3551 |
disqualification for a waiting week or benefits under the | 3552 |
following circumstances: | 3553 |
(i) When work is offered by the individual's employer and the | 3554 |
individual is not required to accept the offer pursuant to the | 3555 |
terms of the labor-management contract or agreement; or | 3556 |
(ii) When the individual is attending a training course | 3557 |
pursuant to division (A)(4) of this section except, in the event | 3558 |
of a refusal to accept an offer of suitable work or a refusal or | 3559 |
failure to investigate a referral, benefits thereafter paid to | 3560 |
such individual shall not be charged to the account of any | 3561 |
employer and, except as provided in division (B)(1)(b) of section | 3562 |
4141.241 of the Revised Code, shall be charged to the mutualized | 3563 |
account as provided in division (B) of section 4141.25 of the | 3564 |
Revised Code. | 3565 |
(c) Such individual quit work to marry or because of marital, | 3566 |
parental, filial, or other domestic obligations. | 3567 |
(d) The individual became unemployed by reason of commitment | 3568 |
to any correctional institution. | 3569 |
(e) The individual became unemployed because of dishonesty in | 3570 |
connection with the individual's most recent or any base period | 3571 |
work. Remuneration earned in such work shall be excluded from the | 3572 |
individual's total base period remuneration and qualifying weeks | 3573 |
that otherwise would be credited to the individual for such work | 3574 |
in the individual's base period shall not be credited for the | 3575 |
purpose of determining the total benefits to which the individual | 3576 |
is eligible and the weekly benefit amount to be paid under section | 3577 |
4141.30 of the Revised Code. Such excluded remuneration and | 3578 |
noncredited qualifying weeks shall be excluded from the | 3579 |
calculation of the maximum amount to be charged, under division | 3580 |
(D) of section 4141.24 and section 4141.33 of the Revised Code, | 3581 |
against the accounts of the individual's base period employers. In | 3582 |
addition, no benefits shall thereafter be paid to the individual | 3583 |
based upon such excluded remuneration or noncredited qualifying | 3584 |
weeks. | 3585 |
For purposes of division (D)(2)(e) of this section, | 3586 |
"dishonesty" means the commission of substantive theft, fraud, or | 3587 |
deceitful acts. | 3588 |
(E) No individual otherwise qualified to receive benefits | 3589 |
shall lose the right to benefits by reason of a refusal to accept | 3590 |
new work if: | 3591 |
(1) As a condition of being so employed the individual would | 3592 |
be required to join a company union, or to resign from or refrain | 3593 |
from joining any bona fide labor organization, or would be denied | 3594 |
the right to retain membership in and observe the lawful rules of | 3595 |
any such organization. | 3596 |
(2) The position offered is vacant due directly to a strike, | 3597 |
lockout, or other labor dispute. | 3598 |
(3) The work is at an unreasonable distance from the | 3599 |
individual's residence, having regard to the character of the work | 3600 |
the individual has been accustomed to do, and travel to the place | 3601 |
of work involves expenses substantially greater than that required | 3602 |
for the individual's former work, unless the expense is provided | 3603 |
for. | 3604 |
(4) The remuneration, hours, or other conditions of the work | 3605 |
offered are substantially less favorable to the individual than | 3606 |
those prevailing for similar work in the locality. | 3607 |
(F) Subject to the special exceptions contained in division | 3608 |
(A)(4)(f) of this section and section 4141.301 of the Revised | 3609 |
Code, in determining whether any work is suitable for a claimant | 3610 |
in the administration of this chapter, the director, in addition | 3611 |
to the determination required under division (E) of this section, | 3612 |
shall consider the degree of risk to the claimant's health, | 3613 |
safety, and morals, the individual's physical fitness for the | 3614 |
work, the individual's prior training and experience, the length | 3615 |
of the individual's unemployment, the distance of the available | 3616 |
work from the individual's residence, and the individual's | 3617 |
prospects for obtaining local work. | 3618 |
(G) The "duration of unemployment" as used in this section | 3619 |
means the full period of unemployment next ensuing after a | 3620 |
separation from any base period or subsequent work and until an | 3621 |
individual has become reemployed in employment subject to this | 3622 |
chapter, or the unemployment compensation act of another state, or | 3623 |
of the United States, and until such individual has worked six | 3624 |
weeks and for those weeks has earned or been paid remuneration | 3625 |
equal to six times an average weekly wage of not less than: | 3626 |
eighty-five dollars and ten cents per week beginning on June 26, | 3627 |
1990; and beginning on and after January 1, 1992, twenty-seven and | 3628 |
one-half per cent of the statewide average weekly wage as computed | 3629 |
each first day of January under division (B)(3) of section 4141.30 | 3630 |
of the Revised Code, rounded down to the nearest dollar, except | 3631 |
for purposes of division (D)(2)(c) of this section, such term | 3632 |
means the full period of unemployment next ensuing after a | 3633 |
separation from such work and until such individual has become | 3634 |
reemployed subject to the terms set forth above, and has earned | 3635 |
wages equal to one-half of the individual's average weekly wage or | 3636 |
sixty dollars, whichever is less. | 3637 |
(H) If a claimant is disqualified under division (D)(2)(a), | 3638 |
(c), or (d) of this section or found to be qualified under the | 3639 |
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of | 3640 |
this section or division (A)(2) of section 4141.291 of the Revised | 3641 |
Code, then benefits that may become payable to such claimant, | 3642 |
which are chargeable to the account of the employer from whom the | 3643 |
individual was separated under such conditions, shall be charged | 3644 |
to the mutualized account provided in section 4141.25 of the | 3645 |
Revised Code, provided that no charge shall be made to the | 3646 |
mutualized account for benefits chargeable to a reimbursing | 3647 |
employer, except as provided in division (D)(2) of section 4141.24 | 3648 |
of the Revised Code. In the case of a reimbursing employer, the | 3649 |
director shall refund or credit to the account of the reimbursing | 3650 |
employer any over-paid benefits that are recovered under division | 3651 |
(B) of section 4141.35 of the Revised Code. Amounts chargeable to | 3652 |
other states, the United States, or Canada that are subject to | 3653 |
agreements and arrangements that are established pursuant to | 3654 |
section 4141.43 of the Revised Code shall be credited or | 3655 |
reimbursed according to the agreements and arrangements to which | 3656 |
the chargeable amounts are subject. | 3657 |
(I)(1) Benefits based on service in employment as provided in | 3658 |
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code | 3659 |
shall be payable in the same amount, on the same terms, and | 3660 |
subject to the same conditions as benefits payable on the basis of | 3661 |
other service subject to this chapter; except that after December | 3662 |
31, 1977: | 3663 |
(a) Benefits based on service in an instructional, research, | 3664 |
or principal administrative capacity in an institution of higher | 3665 |
education, as defined in division (Y) of section 4141.01 of the | 3666 |
Revised Code; or for an educational institution as defined in | 3667 |
division (CC) of section 4141.01 of the Revised Code, shall not be | 3668 |
paid to any individual for any week of unemployment that begins | 3669 |
during the period between two successive academic years or terms, | 3670 |
or during a similar period between two regular but not successive | 3671 |
terms or during a period of paid sabbatical leave provided for in | 3672 |
the individual's contract, if the individual performs such | 3673 |
services in the first of those academic years or terms and has a | 3674 |
contract or a reasonable assurance that the individual will | 3675 |
perform services in any such capacity for any such institution in | 3676 |
the second of those academic years or terms. | 3677 |
(b) Benefits based on service for an educational institution | 3678 |
or an institution of higher education in other than an | 3679 |
instructional, research, or principal administrative capacity, | 3680 |
shall not be paid to any individual for any week of unemployment | 3681 |
which begins during the period between two successive academic | 3682 |
years or terms of the employing educational institution or | 3683 |
institution of higher education, provided the individual performed | 3684 |
those services for the educational institution or institution of | 3685 |
higher education during the first such academic year or term and, | 3686 |
there is a reasonable assurance that such individual will perform | 3687 |
those services for any educational institution or institution of | 3688 |
higher education in the second of such academic years or terms. | 3689 |
If compensation is denied to any individual for any week | 3690 |
under division (I)(1)(b) of this section and the individual was | 3691 |
not offered an opportunity to perform those services for an | 3692 |
institution of higher education or for an educational institution | 3693 |
for the second of such academic years or terms, the individual is | 3694 |
entitled to a retroactive payment of compensation for each week | 3695 |
for which the individual timely filed a claim for compensation and | 3696 |
for which compensation was denied solely by reason of division | 3697 |
(I)(1)(b) of this section. An application for retroactive benefits | 3698 |
shall be timely filed if received by the director or the | 3699 |
director's deputy within or prior to the end of the fourth full | 3700 |
calendar week after the end of the period for which benefits were | 3701 |
denied because of reasonable assurance of employment. The | 3702 |
provision for the payment of retroactive benefits under division | 3703 |
(I)(1)(b) of this section is applicable to weeks of unemployment | 3704 |
beginning on and after November 18, 1983. The provisions under | 3705 |
division (I)(1)(b) of this section shall be retroactive to | 3706 |
September 5, 1982, only if, as a condition for full tax credit | 3707 |
against the tax imposed by the "Federal Unemployment Tax Act," 53 | 3708 |
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States | 3709 |
secretary of labor determines that retroactivity is required by | 3710 |
federal law. | 3711 |
(c) With respect to weeks of unemployment beginning after | 3712 |
December 31, 1977, benefits shall be denied to any individual for | 3713 |
any week which commences during an established and customary | 3714 |
vacation period or holiday recess, if the individual performs any | 3715 |
services described in divisions (I)(1)(a) and (b) of this section | 3716 |
in the period immediately before the vacation period or holiday | 3717 |
recess, and there is a reasonable assurance that the individual | 3718 |
will perform any such services in the period immediately following | 3719 |
the vacation period or holiday recess. | 3720 |
(d) With respect to any services described in division | 3721 |
(I)(1)(a), (b), or (c) of this section, benefits payable on the | 3722 |
basis of services in any such capacity shall be denied as | 3723 |
specified in division (I)(1)(a), (b), or (c) of this section to | 3724 |
any individual who performs such services in an educational | 3725 |
institution or institution of higher education while in the employ | 3726 |
of an educational service agency. For this purpose, the term | 3727 |
"educational service agency" means a governmental agency or | 3728 |
governmental entity that is established and operated exclusively | 3729 |
for the purpose of providing services to one or more educational | 3730 |
institutions or one or more institutions of higher education. | 3731 |
(e) Any individual employed by a public school district, | 3732 |
other than a municipal school district as defined in section | 3733 |
3311.71 of the Revised Code, or a county board of developmental | 3734 |
disabilities shall be notified by the thirtieth day of April each | 3735 |
year if the individual is not to be reemployed the following | 3736 |
academic year. | 3737 |
(2) No disqualification will be imposed, between academic | 3738 |
years or terms or during a vacation period or holiday recess under | 3739 |
this division, unless the director or the director's deputy has | 3740 |
received a statement in writing from the educational institution | 3741 |
or institution of higher education that the claimant has a | 3742 |
contract for, or a reasonable assurance of, reemployment for the | 3743 |
ensuing academic year or term. | 3744 |
(3) If an individual has employment with an educational | 3745 |
institution or an institution of higher education and employment | 3746 |
with a noneducational employer, during the base period of the | 3747 |
individual's benefit year, then the individual may become eligible | 3748 |
for benefits during the between-term, or vacation or holiday | 3749 |
recess, disqualification period, based on employment performed for | 3750 |
the noneducational employer, provided that the employment is | 3751 |
sufficient to qualify the individual for benefit rights separately | 3752 |
from the benefit rights based on school employment. The weekly | 3753 |
benefit amount and maximum benefits payable during a | 3754 |
disqualification period shall be computed based solely on the | 3755 |
nonschool employment. | 3756 |
(J) Benefits shall not be paid on the basis of employment | 3757 |
performed by an alien, unless the alien had been lawfully admitted | 3758 |
to the United States for permanent residence at the time the | 3759 |
services were performed, was lawfully present for purposes of | 3760 |
performing the services, or was otherwise permanently residing in | 3761 |
the United States under color of law at the time the services were | 3762 |
performed, under section 212(d)(5) of the "Immigration and | 3763 |
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 3764 |
(1) Any data or information required of individuals applying | 3765 |
for benefits to determine whether benefits are not payable to them | 3766 |
because of their alien status shall be uniformly required from all | 3767 |
applicants for benefits. | 3768 |
(2) In the case of an individual whose application for | 3769 |
benefits would otherwise be approved, no determination that | 3770 |
benefits to the individual are not payable because of the | 3771 |
individual's alien status shall be made except upon a | 3772 |
preponderance of the evidence that the individual had not, in | 3773 |
fact, been lawfully admitted to the United States. | 3774 |
(K) The director shall establish and utilize a system of | 3775 |
profiling all new claimants under this chapter that: | 3776 |
(1) Identifies which claimants will be likely to exhaust | 3777 |
regular compensation and will need job search assistance services | 3778 |
to make a successful transition to new employment; | 3779 |
(2) Refers claimants identified pursuant to division (K)(1) | 3780 |
of this section to reemployment services, such as job search | 3781 |
assistance services, available under any state or federal law; | 3782 |
(3) Collects follow-up information relating to the services | 3783 |
received by such claimants and the employment outcomes for such | 3784 |
claimant's subsequent to receiving such services and utilizes such | 3785 |
information in making identifications pursuant to division (K)(1) | 3786 |
of this section; and | 3787 |
(4) Meets such other requirements as the United States | 3788 |
secretary of labor determines are appropriate. | 3789 |
Sec. 5705.192. (A) For the purposes of this section only, | 3790 |
"taxing authority" includes a township board of park commissioners | 3791 |
appointed under section 511.18 of the Revised Code. | 3792 |
(B) A taxing authority may propose to replace an existing | 3793 |
levy that the taxing authority is authorized to levy, regardless | 3794 |
of the section of the Revised Code under which the authority is | 3795 |
granted, except a school district emergency levy proposed pursuant | 3796 |
to sections 5705.194 to 5705.197 of the Revised Code. The taxing | 3797 |
authority may propose to replace the existing levy in its entirety | 3798 |
at the rate at which it is authorized to be levied; may propose to | 3799 |
replace a portion of the existing levy at a lesser rate; or may | 3800 |
propose to replace the existing levy in its entirety and increase | 3801 |
the rate at which it is levied. If the taxing authority proposes | 3802 |
to replace an existing levy, the proposed levy shall be called a | 3803 |
replacement levy and shall be so designated on the ballot. Except | 3804 |
as otherwise provided in this division, a replacement levy shall | 3805 |
be limited to the purpose of the existing levy, and shall appear | 3806 |
separately on the ballot from, and shall not be conjoined with, | 3807 |
the renewal of any other existing levy. In the case of an existing | 3808 |
school district levy imposed under section 5705.21 of the Revised | 3809 |
Code for the purpose specified in division (F) of section 5705.19 | 3810 |
of the Revised Code, the replacement for that existing levy may be | 3811 |
for the same purpose or for the purpose of general permanent | 3812 |
improvements as defined in section 5705.21 of the Revised Code. | 3813 |
The resolution proposing a replacement levy shall specify the | 3814 |
purpose of the levy; its proposed rate expressed in mills; whether | 3815 |
the proposed rate is the same as the rate of the existing levy, a | 3816 |
reduction, or an increase; the extent of any reduction or increase | 3817 |
expressed in mills; the first calendar year in which the levy will | 3818 |
be due; and the term of the levy, expressed in years or, if | 3819 |
applicable, that it will be levied for a continuing period of | 3820 |
time. | 3821 |
The sections of the Revised Code governing the maximum rate | 3822 |
and term of the existing levy, the contents of the resolution that | 3823 |
proposed the levy, the adoption of the resolution, the | 3824 |
arrangements for the submission of the question of the levy, and | 3825 |
notice of the election also govern the respective provisions of | 3826 |
the proposal to replace the existing levy, except as provided in | 3827 |
3828 |
(1) In the case of an existing school district levy imposed | 3829 |
under section 5705.21 of the Revised Code for the purpose | 3830 |
specified in division (F) of section 5705.19 of the Revised Code | 3831 |
that is to be replaced by a levy for general permanent | 3832 |
improvements, the maximum term of the replacement levy is not | 3833 |
limited to the term of the existing levy and may be for a | 3834 |
continuing period of time. | 3835 |
(2) The date on which the election is held shall be as | 3836 |
follows: | 3837 |
(a) For the replacement of a levy with a fixed term of years, | 3838 |
the date of the general election held during the last year the | 3839 |
existing levy may be extended on the real and public utility | 3840 |
property tax list and duplicate, or the date of any election held | 3841 |
in the ensuing year; | 3842 |
(b) For the replacement of a levy imposed for a continuing | 3843 |
period of time, the date of any election held in any year after | 3844 |
the year the levy to be replaced is first approved by the | 3845 |
electors, except that only one election on the question of | 3846 |
replacing the levy may be held during any calendar year. | 3847 |
The failure by the electors to approve a proposal to replace | 3848 |
a levy imposed for a continuing period of time does not terminate | 3849 |
the existing continuing levy. | 3850 |
(3) In the case of an existing school district levy imposed | 3851 |
under division (B) of section 5705.21, division (C) of section | 3852 |
5705.212, or division (J) of section 5705.218 of the Revised Code, | 3853 |
the rates allocated to the municipal school district and to | 3854 |
partnering community schools each may be increased or decreased or | 3855 |
remain the same, and the total rate may be increased, decreased, | 3856 |
or remain the same. | 3857 |
(C) The form of the ballot at the election on the question of | 3858 |
a replacement levy shall be as follows: | 3859 |
"A replacement of a tax for the benefit of .......... (name | 3860 |
of subdivision or public library) for the purpose of .......... | 3861 |
(the purpose stated in the resolution) at a rate not exceeding | 3862 |
.......... mills for each one dollar of valuation, which amounts | 3863 |
to .......... (rate expressed in dollars and cents) for each one | 3864 |
hundred dollars in valuation, for .......... (number of years levy | 3865 |
is to run, or that it will be levied for a continuous period of | 3866 |
time) | 3867 |
3868 |
FOR THE TAX LEVY | 3869 | ||||
AGAINST THE TAX LEVY | " | 3870 |
3871 |
If the replacement levy is proposed by a municipal school | 3872 |
district to replace an existing tax levied under division (B) of | 3873 |
section 5705.21, division (C)(1) of section 5705.212, or division | 3874 |
(J) of section 5705.218 of the Revised Code, the form of the | 3875 |
ballot shall be modified by adding, after the phrase "each one | 3876 |
dollar of valuation," the following: "(of which ...... mills is to | 3877 |
be allocated to partnering community schools)." | 3878 |
If the proposal is to replace an existing levy and increase | 3879 |
the rate of the existing levy, the form of the ballot shall be | 3880 |
changed by adding the words ".......... mills of an existing levy | 3881 |
and an increase of .......... mills, to constitute" after the | 3882 |
words "a replacement of." If the proposal is to replace only a | 3883 |
portion of an existing levy, the form of the ballot shall be | 3884 |
changed by adding the words "a portion of an existing levy, being | 3885 |
a reduction of .......... mills, to constitute" after the words "a | 3886 |
replacement of." If the existing levy is imposed under division | 3887 |
(B) of section 5705.21, division (C)(1) of section 5705.212, or | 3888 |
division (J) of section 5705.218 of the Revised Code, the form of | 3889 |
the ballot also shall state the portion of the total increased | 3890 |
rate or of the total rate as reduced that is to be allocated to | 3891 |
partnering community schools. | 3892 |
If the tax is to be placed on the tax list of the current tax | 3893 |
year, the form of the ballot shall be modified by adding at the | 3894 |
end of the form the phrase ", commencing in .......... (first year | 3895 |
the replacement tax is to be levied), first due in calendar year | 3896 |
.......... (first calendar year in which the tax shall be due)." | 3897 |
The question covered by the resolution shall be submitted as | 3898 |
a separate proposition, but may be printed on the same ballot with | 3899 |
any other proposition submitted at the same election, other than | 3900 |
the election of officers. More than one such question may be | 3901 |
submitted at the same election. | 3902 |
(D) Two existing levies, or any portion of those levies, may | 3903 |
be combined into one replacement levy, so long as both of the | 3904 |
existing levies are for the same purpose and either both are due | 3905 |
to expire the same year or both are for a continuing period of | 3906 |
time. The question of combining all or portions of the two | 3907 |
existing levies into the replacement levy shall appear as one | 3908 |
ballot proposition before the electors. If the electors approve | 3909 |
the ballot proposition, all or the stated portions of the two | 3910 |
existing levies are replaced by one replacement levy. | 3911 |
(E) A levy approved in excess of the ten-mill limitation | 3912 |
under this section shall be certified to the tax commissioner. In | 3913 |
the first year of a levy approved under this section, the levy | 3914 |
shall be extended on the tax lists after the February settlement | 3915 |
succeeding the election at which the levy was approved. If the | 3916 |
levy is to be placed on the tax lists of the current year, as | 3917 |
specified in the resolution providing for its submission, the | 3918 |
result of the election shall be certified immediately after the | 3919 |
canvass by the board of elections to the taxing authority, which | 3920 |
shall forthwith make the necessary levy and certify it to the | 3921 |
county auditor, who shall extend it on the tax lists for | 3922 |
collection. After the first year, the levy shall be included in | 3923 |
the annual tax budget that is certified to the county budget | 3924 |
commission. | 3925 |
If notes are authorized to be issued in anticipation of the | 3926 |
proceeds of the existing levy, notes may be issued in anticipation | 3927 |
of the proceeds of the replacement levy, and such issuance is | 3928 |
subject to the terms and limitations governing the issuance of | 3929 |
notes in anticipation of the proceeds of the existing levy. | 3930 |
(F) This section does not authorize a tax to be levied in any | 3931 |
year after the year in which revenue is not needed for the purpose | 3932 |
for which the tax is levied. | 3933 |
Sec. 5705.21. (A) At any time, the board of education of any | 3934 |
city, local, exempted village, cooperative education, or joint | 3935 |
vocational school district, by a vote of two-thirds of all its | 3936 |
members, may declare by resolution that the amount of taxes which | 3937 |
may be raised within the ten-mill limitation by levies on the | 3938 |
current tax duplicate will be insufficient to provide an adequate | 3939 |
amount for the necessary requirements of the school district, that | 3940 |
it is necessary to levy a tax in excess of such limitation for one | 3941 |
of the purposes specified in division (A), (D), (F), (H), or (DD) | 3942 |
of section 5705.19 of the Revised Code, for general permanent | 3943 |
improvements, for the purpose of operating a cultural center, or | 3944 |
for the purpose of providing education technology, and that the | 3945 |
question of such additional tax levy shall be submitted to the | 3946 |
electors of the school district at a special election on a day to | 3947 |
be specified in the resolution. If the resolution states that the | 3948 |
levy is for the purpose of operating a cultural center, the ballot | 3949 |
shall state that the levy is "for the purpose of operating the | 3950 |
.......... (name of cultural center)." | 3951 |
As used in this | 3952 |
freestanding building, separate from a public school building, | 3953 |
that is open to the public for educational, musical, artistic, and | 3954 |
cultural purposes; "education technology" means, but is not | 3955 |
limited to, computer hardware, equipment, materials, and | 3956 |
accessories, equipment used for two-way audio or video, and | 3957 |
software; and "general permanent improvements" means permanent | 3958 |
improvements without regard to the limitation of division (F) of | 3959 |
section 5705.19 of the Revised Code that the improvements be a | 3960 |
specific improvement or a class of improvements that may be | 3961 |
included in a single bond issue. | 3962 |
| 3963 |
3964 | |
3965 |
| 3966 |
confined to a single purpose and shall specify the amount of the | 3967 |
increase in rate that it is necessary to levy, the purpose of the | 3968 |
levy, and the number of years during which the increase in rate | 3969 |
shall be in effect. The number of years may be any number not | 3970 |
exceeding five or, if the levy is for current expenses of the | 3971 |
district or for general permanent improvements, for a continuing | 3972 |
period of time. | 3973 |
(B)(1) The board of education of a municipal school district, | 3974 |
by resolution, may declare that it is necessary to levy a tax in | 3975 |
excess of the ten-mill limitation for the purpose of paying the | 3976 |
current expenses of the district and of partnering community | 3977 |
schools and that the question of the additional tax levy shall be | 3978 |
submitted to the electors of the school district at a special | 3979 |
election on a day to be specified in the resolution. The | 3980 |
resolution shall state the purpose of the levy, the rate of the | 3981 |
tax expressed in mills per dollar of taxable value, the number of | 3982 |
such mills to be levied for the current expenses of the partnering | 3983 |
community schools and the number of such mills to be levied for | 3984 |
the current expenses of the school district, the number of years | 3985 |
the tax will be levied, and the first year the tax will be levied. | 3986 |
The number of years the tax may be levied may be any number not | 3987 |
exceeding ten years, or for a continuing period of time. | 3988 |
The levy of a tax for the current expenses of a partnering | 3989 |
community school under this section and the distribution of | 3990 |
proceeds from the tax by a municipal school district to partnering | 3991 |
community schools is hereby determined to be a proper public | 3992 |
purpose. | 3993 |
(2) The form of the ballot at an election held pursuant to | 3994 |
division (B) of this section shall be as follows: | 3995 |
"Shall a levy be imposed by the ......... (insert the name of | 3996 |
the municipal school district) for the purpose of current expenses | 3997 |
of the school district and of partnering community schools at a | 3998 |
rate not exceeding ...... (insert the number of mills) mills for | 3999 |
each one dollar of valuation (of which ...... (insert the number | 4000 |
of mills to be allocated to partnering community schools) mills is | 4001 |
to be allocated to partnering community schools), which amounts to | 4002 |
....... (insert the rate expressed in dollars and cents) for each | 4003 |
one hundred dollars of valuation, for ...... (insert the number of | 4004 |
years the levy is to be imposed, or that it will be levied for a | 4005 |
continuing period of time), beginning ...... (insert first year | 4006 |
the tax is to be levied), which will first be payable in calendar | 4007 |
year ...... (insert the first calendar year in which the tax would | 4008 |
be payable)? | 4009 |
FOR THE TAX LEVY | 4010 | ||||
AGAINST THE TAX LEVY | " | 4011 |
(3) Upon each receipt of a tax distribution by the municipal | 4012 |
school district, the board of education shall credit the portion | 4013 |
allocated to partnering community schools to the partnering | 4014 |
community schools fund. All income from the investment of money in | 4015 |
the partnering community schools fund shall be credited to that | 4016 |
fund. | 4017 |
Not more than forty-five days after the municipal school | 4018 |
district receives and deposits each tax distribution, the board of | 4019 |
education shall distribute the partnering community schools amount | 4020 |
among the then qualifying community schools. From each tax | 4021 |
distribution, each such partnering community school shall receive | 4022 |
a portion of the partnering community schools amount in the | 4023 |
proportion that the number of its resident students bears to the | 4024 |
aggregate number of resident students of all such partnering | 4025 |
community schools as of the date of receipt and deposit of the tax | 4026 |
distribution. For the purposes of this division, the number of | 4027 |
resident students shall be the number of such students reported | 4028 |
under section 3317.03 of the Revised Code and established by the | 4029 |
department of education as of the date of receipt and deposit of | 4030 |
the tax distribution. | 4031 |
(4) To the extent an agreement whereby the municipal school | 4032 |
district and a community school endorse each other's programs is | 4033 |
necessary for the community school to qualify as a partnering | 4034 |
community school under division (B)(6)(b) of this section, the | 4035 |
board of education of the school district shall certify to the | 4036 |
department of education the agreement along with the determination | 4037 |
that such agreement satisfies the requirements of that division. | 4038 |
The board's determination is conclusive. | 4039 |
(5) For the purposes of Chapter 3317. of the Revised Code or | 4040 |
other laws referring to the "taxes charged and payable" for a | 4041 |
school district, the taxes charged and payable for a municipal | 4042 |
school district that levies a tax under division (B) of this | 4043 |
section includes only the taxes charged and payable under that | 4044 |
levy for the current expenses of the school district, and does not | 4045 |
include the taxes charged and payable for the current expenses of | 4046 |
partnering community schools. The taxes charged and payable for | 4047 |
the current expenses of partnering community schools shall not | 4048 |
affect the calculation of "state education aid" as defined in | 4049 |
section 5751.20 of the Revised Code. | 4050 |
(6) As used in division (B) of this section: | 4051 |
(a) "Municipal school district" has the same meaning as in | 4052 |
section 3311.71 of the Revised Code. | 4053 |
(b) "Partnering community school" means a community school | 4054 |
established under Chapter 3314. of the Revised Code that is | 4055 |
located within the territory of the municipal school district and | 4056 |
that either is sponsored by the district or is a party to an | 4057 |
agreement with the district whereby the district and the community | 4058 |
school endorse each other's programs. | 4059 |
(c) "Partnering community schools amount" means the product | 4060 |
obtained, as of the receipt and deposit of the tax distribution, | 4061 |
by multiplying the amount of a tax distribution by a fraction, the | 4062 |
numerator of which is the number of mills per dollar of taxable | 4063 |
value of the property tax to be allocated to partnering community | 4064 |
schools, and the denominator of which is the total number of mills | 4065 |
per dollar of taxable value authorized by the electors in the | 4066 |
election held under division (B) of this section, each as set | 4067 |
forth in the resolution levying the tax. | 4068 |
(d) "Partnering community schools fund" means a separate fund | 4069 |
established by the board of education of a municipal school | 4070 |
district for the deposit of partnering community school amounts | 4071 |
under this section. | 4072 |
(e) "Resident student" means a student enrolled in a | 4073 |
partnering community school who is entitled to attend school in | 4074 |
the municipal school district under section 3313.64 or 3313.65 of | 4075 |
the Revised Code. | 4076 |
(f) "Tax distribution" means a distribution of proceeds of | 4077 |
the tax authorized by division (B) of this section under section | 4078 |
321.24 of the Revised Code and distributions that are attributable | 4079 |
to that tax under sections 323.156 and 4503.068 of the Revised | 4080 |
Code or other applicable law. | 4081 |
(C) A resolution adopted under this section shall specify | 4082 |
the date of holding | 4083 |
than ninety days after the adoption and certification of the | 4084 |
resolution and which shall be consistent with the requirements of | 4085 |
section 3501.01 of the Revised Code. | 4086 |
| 4087 |
renew one or more existing levies imposed under division (A) or | 4088 |
(B) of this section or to increase or decrease a single levy | 4089 |
imposed under | 4090 |
If the board of education imposes one or more existing levies | 4091 |
for the purpose specified in division (F) of section 5705.19 of | 4092 |
the Revised Code, the resolution may propose to renew one or more | 4093 |
of those existing levies, or to increase or decrease a single such | 4094 |
existing levy, for the purpose of general permanent improvements. | 4095 |
4096 |
If the resolution proposes to renew two or more existing | 4097 |
levies, the levies shall be levied for the same purpose. The | 4098 |
resolution shall identify those levies and the rates at which they | 4099 |
are levied. The resolution also shall specify that the existing | 4100 |
levies shall not be extended on the tax lists after the year | 4101 |
preceding the year in which the renewal levy is first imposed, | 4102 |
regardless of the years for which those levies originally were | 4103 |
authorized to be levied. | 4104 |
If the resolution proposes to renew an existing levy imposed | 4105 |
under division (B) of this section, the rates allocated to the | 4106 |
municipal school district and to partnering community schools each | 4107 |
may be increased or decreased or remain the same, and the total | 4108 |
rate may be increased, decreased, or remain the same. The | 4109 |
resolution and notice of election shall specify the number of the | 4110 |
mills to be levied for the current expenses of the partnering | 4111 |
community schools and the number of the mills to be levied for the | 4112 |
current expenses of the municipal school district. | 4113 |
| 4114 |
immediate effect upon its passage, and no publication of the | 4115 |
resolution shall be necessary other than that provided for in the | 4116 |
notice of election. A copy of the resolution shall immediately | 4117 |
after its passing be certified to the board of elections of the | 4118 |
proper county in the manner provided by section 5705.25 of the | 4119 |
Revised Code | 4120 |
for the submission of such question and other matters concerning | 4121 |
4122 | |
publication of notice of the election, except that | 4123 |
election shall be held on the date specified in the resolution. | 4124 |
4125 | |
4126 | |
4127 | |
4128 | |
4129 | |
4130 | |
4131 | |
of this section, the publication of notice of that election shall | 4132 |
state the number of the mills to be levied for the current | 4133 |
expenses of partnering community schools and the number of the | 4134 |
mills to be levied for the current expenses of the municipal | 4135 |
school district. If a majority of the electors voting on the | 4136 |
question so submitted in an election vote in favor of the levy, | 4137 |
the board of education may make the necessary levy within the | 4138 |
school district at the additional rate, or at any lesser rate in | 4139 |
excess of the ten-mill limitation on the tax list, for the purpose | 4140 |
stated in the resolution. A levy for a continuing period of time | 4141 |
may be reduced pursuant to section 5705.261 of the Revised Code. | 4142 |
The tax levy shall be included in the next tax budget that is | 4143 |
certified to the county budget commission. | 4144 |
| 4145 |
list and duplicate for current expenses, for recreational | 4146 |
purposes, for community centers provided for in section 755.16 of | 4147 |
the Revised Code, or for a public library of the district under | 4148 |
division (A) of this section, and prior to the time when the first | 4149 |
tax collection from the levy can be made, the board of education | 4150 |
may anticipate a fraction of the proceeds of the levy and issue | 4151 |
anticipation notes in a principal amount not exceeding fifty per | 4152 |
cent of the total estimated proceeds of the levy to be collected | 4153 |
during the first year of the levy. | 4154 |
(2) After the approval of a levy for general permanent | 4155 |
improvements for a specified number of years | 4156 |
improvements having the purpose specified in division (F) of | 4157 |
section 5705.19 of the Revised Code, the board of education may | 4158 |
anticipate a fraction of the proceeds of the levy and issue | 4159 |
anticipation notes in a principal amount not exceeding fifty per | 4160 |
cent of the total estimated proceeds of the levy remaining to be | 4161 |
collected in each year over a period of five years after the | 4162 |
issuance of the notes. | 4163 |
The notes shall be issued as provided in section 133.24 of | 4164 |
the Revised Code, shall have principal payments during each year | 4165 |
after the year of their issuance over a period not to exceed five | 4166 |
years, and may have a principal payment in the year of their | 4167 |
issuance. | 4168 |
(3) After approval of a levy for general permanent | 4169 |
improvements for a continuing period of time, the board of | 4170 |
education may anticipate a fraction of the proceeds of the levy | 4171 |
and issue anticipation notes in a principal amount not exceeding | 4172 |
fifty per cent of the total estimated proceeds of the levy to be | 4173 |
collected in each year over a specified period of years, not | 4174 |
exceeding ten, after the issuance of the notes. | 4175 |
The notes shall be issued as provided in section 133.24 of | 4176 |
the Revised Code, shall have principal payments during each year | 4177 |
after the year of their issuance over a period not to exceed ten | 4178 |
years, and may have a principal payment in the year of their | 4179 |
issuance. | 4180 |
(4) After the approval of a levy on the current tax list and | 4181 |
duplicate under division (B) of this section, and prior to the | 4182 |
time when the first tax collection from the levy can be made, the | 4183 |
board of education may anticipate a fraction of the proceeds of | 4184 |
the levy for the current expenses of the school district and issue | 4185 |
anticipation notes in a principal amount not exceeding fifty per | 4186 |
cent of the estimated proceeds of the levy to be collected during | 4187 |
the first year of the levy and allocated to the school district. | 4188 |
The portion of the levy proceeds to be allocated to partnering | 4189 |
community schools under that division shall not be included in the | 4190 |
estimated proceeds anticipated under this division and shall not | 4191 |
be used to pay debt charges on any anticipation notes. | 4192 |
The notes shall be issued as provided in section 133.24 of | 4193 |
the Revised Code, shall have principal payments during each year | 4194 |
after the year of their issuance over a period not to exceed five | 4195 |
years, and may have a principal payment in the year of their | 4196 |
issuance. | 4197 |
(E) The submission of questions to the electors under this | 4198 |
section is subject to the limitation on the number of election | 4199 |
dates established by section 5705.214 of the Revised Code. | 4200 |
Sec. 5705.212. (A)(1) The board of education of any school | 4201 |
district, at any time and by a vote of two-thirds of all of its | 4202 |
members, may declare by resolution that the amount of taxes that | 4203 |
may be raised within the ten-mill limitation will be insufficient | 4204 |
to provide an adequate amount for the present and future | 4205 |
requirements of the school district, that it is necessary to levy | 4206 |
not more than five taxes in excess of that limitation for current | 4207 |
expenses, and that each of the proposed taxes first will be levied | 4208 |
in a different year, over a specified period of time. The board | 4209 |
shall identify the taxes proposed under this section as follows: | 4210 |
the first tax to be levied shall be called the "original tax." | 4211 |
Each tax subsequently levied shall be called an "incremental tax." | 4212 |
The rate of each incremental tax shall be identical, but the rates | 4213 |
of such incremental taxes need not be the same as the rate of the | 4214 |
original tax. The resolution also shall state that the question of | 4215 |
these additional taxes shall be submitted to the electors of the | 4216 |
school district at a special election. The resolution shall | 4217 |
specify separately for each tax proposed: the amount of the | 4218 |
increase in rate that it is necessary to levy, expressed | 4219 |
separately for the original tax and each incremental tax; that the | 4220 |
purpose of the levy is for current expenses; the number of years | 4221 |
during which the original tax shall be in effect; a specification | 4222 |
that the last year in which the original tax is in effect shall | 4223 |
also be the last year in which each incremental tax shall be in | 4224 |
effect; and the year in which each tax first is proposed to be | 4225 |
levied. The original tax may be levied for any number of years not | 4226 |
exceeding ten, or for a continuing period of time. The resolution | 4227 |
shall specify the date of holding the special election, which | 4228 |
shall not be earlier than ninety days after the adoption and | 4229 |
certification of the resolution and shall be consistent with the | 4230 |
requirements of section 3501.01 of the Revised Code. | 4231 |
(2) The board of education, by a vote of two-thirds of all of | 4232 |
its members, may adopt a resolution proposing to renew taxes | 4233 |
levied other than for a continuing period of time under division | 4234 |
(A)(1) of this section. Such a resolution shall provide for | 4235 |
levying a tax and specify all of the following: | 4236 |
(a) That the tax shall be called and designated on the ballot | 4237 |
as a renewal levy; | 4238 |
(b) The rate of the renewal tax, which shall be a single rate | 4239 |
that combines the rate of the original tax and each incremental | 4240 |
tax into a single rate. The rate of the renewal tax shall not | 4241 |
exceed the aggregate rate of the original and incremental taxes. | 4242 |
(c) The number of years, not to exceed ten, that the renewal | 4243 |
tax will be levied, or that it will be levied for a continuing | 4244 |
period of time; | 4245 |
(d) That the purpose of the renewal levy is for current | 4246 |
expenses; | 4247 |
(e) Subject to the certification and notification | 4248 |
requirements of section 5705.251 of the Revised Code, that the | 4249 |
question of the renewal levy shall be submitted to the electors of | 4250 |
the school district at the general election held during the last | 4251 |
year the original tax may be extended on the real and public | 4252 |
utility property tax list and duplicate or at a special election | 4253 |
held during the ensuing year. | 4254 |
(3) A resolution adopted under division (A)(1) or (2) of this | 4255 |
section shall go into immediate effect upon its adoption and no | 4256 |
publication of the resolution is necessary other than that | 4257 |
provided for in the notice of election. Immediately after its | 4258 |
adoption, a copy of the resolution shall be certified to the board | 4259 |
of elections of the proper county in the manner provided by | 4260 |
division (A) of section 5705.251 of the Revised Code, and that | 4261 |
division shall govern the arrangements for the submission of the | 4262 |
question and other matters concerning the election to which that | 4263 |
section refers. The election shall be held on the date specified | 4264 |
in the resolution. If a majority of the electors voting on the | 4265 |
question so submitted in an election vote in favor of the taxes or | 4266 |
a renewal tax, the board of education, if the original or a | 4267 |
renewal tax is authorized to be levied for the current year, | 4268 |
immediately may make the necessary levy within the school district | 4269 |
at the authorized rate, or at any lesser rate in excess of the | 4270 |
ten-mill limitation, for the purpose stated in the resolution. No | 4271 |
tax shall be imposed prior to the year specified in the resolution | 4272 |
as the year in which it is first proposed to be levied. The rate | 4273 |
of the original tax and the rate of each incremental tax shall be | 4274 |
cumulative, so that the aggregate rate levied in any year is the | 4275 |
sum of the rates of both the original tax and all incremental | 4276 |
taxes levied in or prior to that year under the same proposal. A | 4277 |
tax levied for a continuing period of time under this section may | 4278 |
be reduced pursuant to section 5705.261 of the Revised Code. | 4279 |
| 4280 |
4281 | |
4282 |
(B) Notwithstanding | 4283 |
the Revised Code, after the approval of a tax to be levied in the | 4284 |
current or the succeeding year and prior to the time when the | 4285 |
first tax collection from that levy can be made, the board of | 4286 |
education may anticipate a fraction of the proceeds of the levy | 4287 |
and issue anticipation notes in an amount not to exceed fifty per | 4288 |
cent of the total estimated proceeds of the levy to be collected | 4289 |
during the first year of the levy. The notes shall be sold as | 4290 |
provided in Chapter 133. of the Revised Code. If anticipation | 4291 |
notes are issued, they shall mature serially and in substantially | 4292 |
equal amounts during each year over a period not to exceed five | 4293 |
years; and the amount necessary to pay the interest and principal | 4294 |
as the anticipation notes mature shall be deemed appropriated for | 4295 |
those purposes from the levy, and appropriations from the levy by | 4296 |
the board of education shall be limited each fiscal year to the | 4297 |
balance available in excess of that amount. | 4298 |
If the auditor of state has certified a deficit pursuant to | 4299 |
section 3313.483 of the Revised Code, the notes authorized under | 4300 |
this section may be sold in accordance with Chapter 133. of the | 4301 |
Revised Code, except that the board may sell the notes after | 4302 |
providing a reasonable opportunity for competitive bidding. | 4303 |
(C)(1) The board of education of a municipal school district, | 4304 |
at any time and by a vote of two-thirds of all its members, may | 4305 |
declare by resolution that it is necessary to levy not more than | 4306 |
five taxes in excess of the ten-mill limitation for the current | 4307 |
expenses of the school district and of partnering community | 4308 |
schools, and that each of the proposed taxes first will be levied | 4309 |
in a different year, over a specified period of time. The board | 4310 |
shall identify the taxes proposed under this division in the same | 4311 |
manner as in division (A)(1) of this section. The rate of each | 4312 |
incremental tax shall be identical, but the rates of such | 4313 |
incremental taxes need not be the same as the rate of the original | 4314 |
tax. In addition to the specifications required of the resolution | 4315 |
in division (A) of this section, the resolution shall state the | 4316 |
number of the mills to be levied each year for the current | 4317 |
expenses of the partnering community schools and the number of the | 4318 |
mills to be levied each year for the current expenses of the | 4319 |
school district. The number of mills for the current expenses of | 4320 |
partnering community schools shall be the same for each of the | 4321 |
incremental taxes, and the number of mills for the current | 4322 |
expenses of the municipal school district shall be the same for | 4323 |
each of the incremental taxes. | 4324 |
The levy of taxes for the current expenses of a partnering | 4325 |
community school under division (C) of this section and the | 4326 |
distribution of proceeds from the tax by a municipal school | 4327 |
district to partnering community schools is hereby determined to | 4328 |
be a proper public purpose. | 4329 |
(2) The board of education, by a vote of two-thirds of all of | 4330 |
its members, may adopt a resolution proposing to renew taxes | 4331 |
levied other than for a continuing period of time under division | 4332 |
(C)(1) of this section. In such a renewal levy, the rates | 4333 |
allocated to the municipal school district and to partnering | 4334 |
community schools each may be increased or decreased or remain the | 4335 |
same, and the total rate may be increased, decreased, or remain | 4336 |
the same. In addition to the requirements of division (A)(2) of | 4337 |
this section, the resolution shall state the number of the mills | 4338 |
to be levied for the current expenses of the partnering community | 4339 |
schools and the number of the mills to be levied for the current | 4340 |
expenses of the school district. | 4341 |
(3) A resolution adopted under division (C)(1) or (2) of this | 4342 |
section is subject to the rules and procedures prescribed by | 4343 |
division (A)(3) of this section. | 4344 |
(4) The proceeds of each tax levied under division (C)(1) or | 4345 |
(2) of this section shall be credited and distributed in the | 4346 |
manner prescribed by division (B)(3) of section 5705.21 of the | 4347 |
Revised Code, and divisions (B)(4), (5), and (6) of that section | 4348 |
apply to taxes levied under division (C) of this section. | 4349 |
(5) Notwithstanding section 133.30 of the Revised Code, after | 4350 |
the approval of a tax to be levied under division (C)(1) or (2) of | 4351 |
this section, in the current or succeeding year and prior to the | 4352 |
time when the first tax collection from that levy can be made, the | 4353 |
board of education may anticipate a fraction of the proceeds of | 4354 |
the levy for the current expenses of the municipal school district | 4355 |
and issue anticipation notes in a principal amount not exceeding | 4356 |
fifty per cent of the estimated proceeds of the levy to be | 4357 |
collected during the first year of the levy and allocated to the | 4358 |
school district. The portion of levy proceeds to be allocated to | 4359 |
partnering community schools shall not be included in the | 4360 |
estimated proceeds anticipated under this division and shall not | 4361 |
be used to pay debt charges on any anticipation notes. | 4362 |
The notes shall be sold as provided in Chapter 133. of the | 4363 |
Revised Code. If anticipation notes are issued, they shall mature | 4364 |
serially and in substantially equal amounts during each year over | 4365 |
a period not to exceed five years. The amount necessary to pay the | 4366 |
interest and principal as the anticipation notes mature shall be | 4367 |
deemed appropriated for those purposes from the levy, and | 4368 |
appropriations from the levy by the board of education shall be | 4369 |
limited each fiscal year to the balance available in excess of | 4370 |
that amount. | 4371 |
If the auditor of state has certified a deficit pursuant to | 4372 |
section 3313.483 of the Revised Code, the notes authorized under | 4373 |
this section may be sold in accordance with Chapter 133. of the | 4374 |
Revised Code, except that the board may sell the notes after | 4375 |
providing a reasonable opportunity for competitive bidding. | 4376 |
As used in division (C) of this section, "municipal school | 4377 |
district" and "partnering community schools" have the same | 4378 |
meanings as in section 5705.21 of the Revised Code. | 4379 |
(D) The submission of questions to the electors under this | 4380 |
section is subject to the limitation on the number of election | 4381 |
dates established by section 5705.214 of the Revised Code. | 4382 |
Sec. 5705.215. (A) The governing board of an educational | 4383 |
service center that is the taxing authority of a county school | 4384 |
financing district, upon receipt of identical resolutions adopted | 4385 |
within a sixty-day period by a majority of the members of the | 4386 |
board of education of each school district that is within the | 4387 |
territory of the county school financing district, may submit a | 4388 |
tax levy to the electors of the territory in the same manner as a | 4389 |
school board may submit a levy under division | 4390 |
5705.21 of the Revised Code, except that: | 4391 |
(1) The levy may be for a period not to exceed ten years, or, | 4392 |
if the levy is solely for the purpose or purposes described in | 4393 |
division (A)(2)(a) or (c) of this section, for a continuing period | 4394 |
of time. | 4395 |
(2) The purpose of the levy shall be one or more of the | 4396 |
following: | 4397 |
(a) For current expenses for the provision of special | 4398 |
education and related services within the territory of the | 4399 |
district; | 4400 |
(b) For permanent improvements within the territory of the | 4401 |
district for special education and related services; | 4402 |
(c) For current expenses for specified educational programs | 4403 |
within the territory of the district; | 4404 |
(d) For permanent improvements within the territory of the | 4405 |
district for specified educational programs; | 4406 |
(e) For permanent improvements within the territory of the | 4407 |
district. | 4408 |
(B) If the levy provides for but is not limited to current | 4409 |
expenses, the resolutions shall apportion the annual rate of the | 4410 |
levy between current expenses and the other purposes. The | 4411 |
apportionment need not be the same for each year of the levy, but | 4412 |
the respective portions of the rate actually levied each year for | 4413 |
current expenses and the other purposes shall be limited by that | 4414 |
apportionment. | 4415 |
(C) Prior to the application of section 319.301 of the | 4416 |
Revised Code, the rate of a levy that is limited to, or to the | 4417 |
extent that it is apportioned to, purposes other than current | 4418 |
expenses shall be reduced in the same proportion in which the | 4419 |
district's total valuation increases during the life of the levy | 4420 |
because of additions to such valuation that have resulted from | 4421 |
improvements added to the tax list and duplicate. | 4422 |
(D) After the approval of a county school financing district | 4423 |
levy under this section, the taxing authority may anticipate a | 4424 |
fraction of the proceeds of such levy and may from time to time | 4425 |
during the life of such levy, but in any given year prior to the | 4426 |
time when the tax collection from such levy can be made for that | 4427 |
year, issue anticipation notes in an amount not exceeding fifty | 4428 |
per cent of the estimated proceeds of the levy to be collected in | 4429 |
each year up to a period of five years after the date of the | 4430 |
issuance of such notes, less an amount equal to the proceeds of | 4431 |
such levy obligated for each year by the issuance of anticipation | 4432 |
notes, provided that the total amount maturing in any one year | 4433 |
shall not exceed fifty per cent of the anticipated proceeds of the | 4434 |
levy for that year. Each issue of notes shall be sold as provided | 4435 |
in Chapter 133. of the Revised Code, and shall, except for such | 4436 |
limitation that the total amount of such notes maturing in any one | 4437 |
year shall not exceed fifty per cent of the anticipated proceeds | 4438 |
of such levy for that year, mature serially in substantially equal | 4439 |
installments during each year over a period not to exceed five | 4440 |
years after their issuance. | 4441 |
(E)(1) In a resolution to be submitted to the taxing | 4442 |
authority of a county school financing district under division (A) | 4443 |
of this section calling for a ballot issue on the question of the | 4444 |
levying of a tax for a continuing period of time by the taxing | 4445 |
authority, the board of education of a school district that is | 4446 |
part of the territory of the county school financing district also | 4447 |
may propose to reduce the rate of one or more of that school | 4448 |
district's property taxes levied for a continuing period of time | 4449 |
in excess of the ten-mill limitation. The reduction in the rate of | 4450 |
a property tax may be any amount, expressed in mills per one | 4451 |
dollar of valuation, not exceeding the rate at which the tax is | 4452 |
authorized to be levied. The reduction in the rate of a tax shall | 4453 |
first take effect in the same year that the county school | 4454 |
financing district tax takes effect, and shall continue for each | 4455 |
year that the county school financing district tax is in effect. A | 4456 |
board of education's resolution proposing to reduce the rate of | 4457 |
one or more of its school district property taxes shall | 4458 |
specifically identify each such tax and shall state for each tax | 4459 |
the maximum rate at which it currently may be levied and the | 4460 |
maximum rate at which it could be levied after the proposed | 4461 |
reduction, expressed in mills per one dollar of valuation. | 4462 |
Before submitting the resolution to the taxing authority of | 4463 |
the county school financing district, the board of education of | 4464 |
the school district shall certify a copy of it to the tax | 4465 |
commissioner. Within ten days of receiving the copy, the tax | 4466 |
commissioner shall certify to the board the reduction in the | 4467 |
school district's total effective tax rate for each class of | 4468 |
property that would have resulted if the proposed reduction in the | 4469 |
rate or rates had been in effect the previous year. After | 4470 |
receiving the certification from the commissioner, the board may | 4471 |
amend its resolution to change the proposed property tax rate | 4472 |
reduction before submitting the resolution to the financing | 4473 |
district taxing authority. As used in this paragraph, "effective | 4474 |
tax rate" has the same meaning as in section 323.08 of the Revised | 4475 |
Code. | 4476 |
If the board of education of a school district that is part | 4477 |
of the territory of a county school financing district adopts a | 4478 |
resolution proposing to reduce the rate of one or more of its | 4479 |
property taxes in conjunction with the levying of a tax by the | 4480 |
financing district, the resolution submitted by the board to the | 4481 |
taxing authority of the financing district under division (A) of | 4482 |
this section does not have to be identical in this respect to the | 4483 |
resolutions submitted by the boards of education of the other | 4484 |
school districts that are part of the territory of the county | 4485 |
school financing district. | 4486 |
(2) Each school district that is part of the territory of a | 4487 |
county school financing district may tailor to its own situation a | 4488 |
proposed reduction in one or more property tax rates in | 4489 |
conjunction with the proposed levying of a tax by the county | 4490 |
school financing district; if one such school district proposes a | 4491 |
reduction in one or more tax rates, another school district may | 4492 |
propose a reduction of a different size or may propose no | 4493 |
reduction. Within each school district that is part of the | 4494 |
territory of the county school financing district, the electors | 4495 |
shall vote on one ballot issue combining the question of the | 4496 |
levying of the tax by the taxing authority of the county school | 4497 |
financing district with, if any such reduction is proposed, the | 4498 |
question of the reduction in the rate of one or more taxes of the | 4499 |
school district. If a majority of the electors of the county | 4500 |
school financing district voting on the question of the proposed | 4501 |
levying of a tax by the taxing authority of the financing district | 4502 |
vote to approve the question, any tax reductions proposed by | 4503 |
school districts that are part of the territory of the financing | 4504 |
district also are approved. | 4505 |
(3) The form of the ballot for an issue proposing to levy a | 4506 |
county school financing district tax in conjunction with the | 4507 |
reduction of the rate of one or more school district taxes shall | 4508 |
be as follows: | 4509 |
"Shall the ....... (name of the county school financing | 4510 |
district) be authorized to levy an additional tax for ....... | 4511 |
(purpose stated in the resolutions) at a rate not exceeding | 4512 |
....... mills for each one dollar of valuation, which amounts to | 4513 |
....... (rate expressed in dollars and cents) for each one hundred | 4514 |
dollars of valuation, for a continuing period of time? If the | 4515 |
county school financing district tax is approved, the rate of an | 4516 |
existing tax currently levied by the ....... (name of the school | 4517 |
district of which the elector is a resident) at the rate of | 4518 |
....... mills for each one dollar of valuation shall be reduced to | 4519 |
....... mills until any such time as the county school financing | 4520 |
district tax is decreased or repealed. | 4521 |
4522 |
For the issue | 4523 | ||||
Against the issue | " | 4524 |
4525 |
If the board of education of the school district proposes to | 4526 |
reduce the rate of more than one of its existing taxes, the second | 4527 |
sentence of the ballot language shall be modified for residents of | 4528 |
that district to express the rates at which those taxes currently | 4529 |
are levied and the rates to which they would be reduced. If the | 4530 |
board of education of the school district does not propose to | 4531 |
reduce the rate of any of its taxes, the second sentence of the | 4532 |
ballot language shall not be used for residents of that district. | 4533 |
In any case, the first sentence of the ballot language shall be | 4534 |
the same for all the electors in the county school financing | 4535 |
district, but the second sentence shall be different in each | 4536 |
school district depending on whether and in what amount the board | 4537 |
of education of the school district proposes to reduce the rate of | 4538 |
one or more of its property taxes. | 4539 |
(4) If the rate of a school district property tax is reduced | 4540 |
pursuant to this division, the tax commissioner shall compute the | 4541 |
percentage required to be computed for that tax under division (D) | 4542 |
of section 319.301 of the Revised Code each year the rate is | 4543 |
reduced as if the tax had been levied in the preceding year at the | 4544 |
rate to which it has been reduced. If the reduced rate of a tax is | 4545 |
increased under division (E)(5) of this section, the commissioner | 4546 |
shall compute the percentage required to be computed for that tax | 4547 |
under division (D) of section 319.301 of the Revised Code each | 4548 |
year the rate is increased as if the tax had been levied in the | 4549 |
preceding year at the rate to which it has been increased. | 4550 |
(5) After the levying of a county school financing district | 4551 |
tax in conjunction with the reduction of the rate of one or more | 4552 |
school district taxes is approved by the electors under this | 4553 |
division, if the rate of the county school financing district tax | 4554 |
is decreased pursuant to an election under section 5705.261 of the | 4555 |
Revised Code, the rate of each school district tax that had been | 4556 |
reduced shall be increased by the number of mills obtained by | 4557 |
multiplying the number of mills of the original reduction by the | 4558 |
same percentage that the financing district tax rate is decreased. | 4559 |
If the county school financing district tax is repealed pursuant | 4560 |
to an election under section 5705.261 of the Revised Code, each | 4561 |
school district may resume levying the property taxes that had | 4562 |
been reduced at the full rate originally approved by the electors. | 4563 |
A reduction in the rate of a school district property tax under | 4564 |
this division is a reduction in the rate at which the board of | 4565 |
education may levy that tax only for the period during which the | 4566 |
county school financing district tax is levied prior to any | 4567 |
decrease or repeal under section 5705.261 of the Revised Code. The | 4568 |
resumption of the authority of the board of education to levy an | 4569 |
increased or the full rate of tax does not constitute the levying | 4570 |
of a new tax in excess of the ten-mill limitation. | 4571 |
Sec. 5705.216. A board of education that has issued notes in | 4572 |
anticipation of the proceeds of a permanent improvements levy in | 4573 |
the maximum amount permitted under division | 4574 |
section 5705.21 of the Revised Code or a taxing authority of a | 4575 |
county school financing district that has issued notes in | 4576 |
anticipation of the proceeds of a levy in the maximum amount | 4577 |
permitted under section 5705.215 of the Revised Code may, if the | 4578 |
proceeds from the issuance of such notes have been spent, | 4579 |
contracted, or encumbered, apply to the superintendent of public | 4580 |
instruction for authorization to anticipate a fraction of the | 4581 |
remaining estimated proceeds of the levy and issue anticipation | 4582 |
notes for that purpose. The application shall be in such form and | 4583 |
contain such information as the superintendent considers necessary | 4584 |
and shall specify the amount of notes to be issued. The amount | 4585 |
shall not exceed the following: | 4586 |
(A) In the case of a school district: | 4587 |
(1) For levies described under division | 4588 |
5705.21 of the Revised Code, the amount by which the total | 4589 |
estimated proceeds of the levy remaining to be collected | 4590 |
throughout its life exceeds the amount from such proceeds required | 4591 |
to pay the principal and interest on notes issued under section | 4592 |
5705.21 of the Revised Code and the interest on any notes issued | 4593 |
under this section; | 4594 |
(2) For levies described under division | 4595 |
5705.21 of the Revised Code, the amount by which the total | 4596 |
estimated proceeds of the levy remaining to be collected over the | 4597 |
specified number of years authorized for the issuance of the notes | 4598 |
exceeds the amount from such proceeds required to pay the | 4599 |
principal and interest on notes issued under section 5705.21 of | 4600 |
the Revised Code and the interest on any notes issued under this | 4601 |
section. | 4602 |
(B) In the case of a county school financing district, the | 4603 |
amount by which the total estimated proceeds of the levy remaining | 4604 |
to be collected for the first five years of its life exceed the | 4605 |
amount from such proceeds required to pay the principal and | 4606 |
interest on notes issued under section 5705.215 of the Revised | 4607 |
Code and the interest on any notes issued under this section. | 4608 |
The superintendent shall examine the application and any | 4609 |
other relevant information submitted and shall determine and | 4610 |
certify the maximum amount of notes the district may issue under | 4611 |
this section, which may be an amount less than the amount | 4612 |
requested by the district. | 4613 |
If the superintendent determines that the anticipated | 4614 |
proceeds from the levy may be significantly less than expected and | 4615 |
that additional notes should not be issued, | 4616 |
may deny the application and give written notice of the denial to | 4617 |
the president of the district's board of education or the taxing | 4618 |
authority. | 4619 |
Such notes shall be sold in the same manner as notes issued | 4620 |
under section 5705.21 or 5705.215 of the Revised Code. | 4621 |
Sec. 5705.218. (A) The board of education of a city, local, | 4622 |
or exempted village school district, at any time by a vote of | 4623 |
two-thirds of all its members, may declare by resolution that it | 4624 |
may be necessary for the school district to issue general | 4625 |
obligation bonds for permanent improvements. The resolution shall | 4626 |
state all of the following: | 4627 |
(1) The necessity and purpose of the bond issue; | 4628 |
(2) The date of the special election at which the question | 4629 |
shall be submitted to the electors; | 4630 |
(3) The amount, approximate date, estimated rate of interest, | 4631 |
and maximum number of years over which the principal of the bonds | 4632 |
may be paid; | 4633 |
(4) The necessity of levying a tax outside the ten-mill | 4634 |
limitation to pay debt charges on the bonds and any anticipatory | 4635 |
securities. | 4636 |
On adoption of the resolution, the board shall certify a copy | 4637 |
of it to the county auditor. The county auditor promptly shall | 4638 |
estimate and certify to the board the average annual property tax | 4639 |
rate required throughout the stated maturity of the bonds to pay | 4640 |
debt charges on the bonds, in the same manner as under division | 4641 |
(C) of section 133.18 of the Revised Code. | 4642 |
(B) After receiving the county auditor's certification under | 4643 |
division (A) of this section, the board of education of the city, | 4644 |
local, or exempted village school district, by a vote of | 4645 |
two-thirds of all its members, may declare by resolution that the | 4646 |
amount of taxes that can be raised within the ten-mill limitation | 4647 |
will be insufficient to provide an adequate amount for the present | 4648 |
and future requirements of the school district; that it is | 4649 |
necessary to issue general obligation bonds of the school district | 4650 |
for permanent improvements and to levy an additional tax in excess | 4651 |
of the ten-mill limitation to pay debt charges on the bonds and | 4652 |
any anticipatory securities; that it is necessary for a specified | 4653 |
number of years or for a continuing period of time to levy | 4654 |
additional taxes in excess of the ten-mill limitation to provide | 4655 |
funds for the acquisition, construction, enlargement, renovation, | 4656 |
and financing of permanent improvements or to pay for current | 4657 |
operating expenses, or both; and that the question of the bonds | 4658 |
and taxes shall be submitted to the electors of the school | 4659 |
district at a special election, which shall not be earlier than | 4660 |
ninety days after certification of the resolution to the board of | 4661 |
elections, and the date of which shall be consistent with section | 4662 |
3501.01 of the Revised Code. The resolution shall specify all of | 4663 |
the following: | 4664 |
(1) The county auditor's estimate of the average annual | 4665 |
property tax rate required throughout the stated maturity of the | 4666 |
bonds to pay debt charges on the bonds; | 4667 |
(2) The proposed rate of the tax, if any, for current | 4668 |
operating expenses, the first year the tax will be levied, and the | 4669 |
number of years it will be levied, or that it will be levied for a | 4670 |
continuing period of time; | 4671 |
(3) The proposed rate of the tax, if any, for permanent | 4672 |
improvements, the first year the tax will be levied, and the | 4673 |
number of years it will be levied, or that it will be levied for a | 4674 |
continuing period of time. | 4675 |
The resolution shall apportion the annual rate of the tax | 4676 |
between current operating expenses and permanent improvements, if | 4677 |
both taxes are proposed. The apportionment may but need not be the | 4678 |
same for each year of the tax, but the respective portions of the | 4679 |
rate actually levied each year for current operating expenses and | 4680 |
permanent improvements shall be limited by the apportionment. The | 4681 |
resolution shall go into immediate effect upon its passage, and no | 4682 |
publication of it is necessary other than that provided in the | 4683 |
notice of election. The board of education shall certify a copy of | 4684 |
the resolution, along with copies of the auditor's estimate and | 4685 |
its resolution under division (A) of this section, to the board of | 4686 |
elections immediately after its adoption. | 4687 |
(C) The board of elections shall make the arrangements for | 4688 |
the submission | 4689 |
district of the question proposed under division (B) or (J) of | 4690 |
this section, and the election shall be conducted, canvassed, and | 4691 |
certified in the same manner as regular elections in the district | 4692 |
for the election of county officers. The resolution shall be put | 4693 |
before the electors as one ballot question, with a favorable vote | 4694 |
indicating approval of the bond issue, the levy to pay debt | 4695 |
charges on the bonds and any anticipatory securities, the current | 4696 |
operating expenses levy, | 4697 |
4698 | |
a municipal school district and of partnering community schools, | 4699 |
as those levies may be proposed. The board of elections shall | 4700 |
publish notice of the election in a newspaper of general | 4701 |
circulation in the school district once a week for two consecutive | 4702 |
weeks, or as provided in section 7.16 of the Revised Code, prior | 4703 |
to the election. If a board of elections operates and maintains a | 4704 |
web site, that board also shall post notice of the election on its | 4705 |
web site for thirty days prior to the election. The notice of | 4706 |
election shall state all of the following: | 4707 |
(1) The principal amount of the proposed bond issue; | 4708 |
(2) The permanent improvements for which the bonds are to be | 4709 |
issued; | 4710 |
(3) The maximum number of years over which the principal of | 4711 |
the bonds may be paid; | 4712 |
(4) The estimated additional average annual property tax rate | 4713 |
to pay the debt charges on the bonds, as certified by the county | 4714 |
auditor; | 4715 |
(5) The proposed rate of the additional tax, if any, for | 4716 |
current operating expenses and, if the question is proposed under | 4717 |
division (J) of this section, the portion of the rate to be | 4718 |
allocated to the school district and the portion to be allocated | 4719 |
to partnering community schools; | 4720 |
(6) The number of years the current operating expenses tax | 4721 |
will be in effect, or that it will be in effect for a continuing | 4722 |
period of time; | 4723 |
(7) The proposed rate of the additional tax, if any, for | 4724 |
permanent improvements; | 4725 |
(8) The number of years the permanent improvements tax will | 4726 |
be in effect, or that it will be in effect for a continuing period | 4727 |
of time; | 4728 |
(9) The time and place of the special election. | 4729 |
(D) The form of the ballot for an election under this section | 4730 |
is as follows: | 4731 |
"Shall the .......... school district be authorized to do the | 4732 |
following: | 4733 |
(1) Issue bonds for the purpose of .......... in the | 4734 |
principal amount of $......, to be repaid annually over a maximum | 4735 |
period of ...... years, and levy a property tax outside the | 4736 |
ten-mill limitation, estimated by the county auditor to average | 4737 |
over the bond repayment period ...... mills for each one dollar of | 4738 |
tax valuation, which amounts to ...... (rate expressed in cents or | 4739 |
dollars and cents, such as "36 cents" or "$1.41") for each $100 of | 4740 |
tax valuation, to pay the annual debt charges on the bonds, and to | 4741 |
pay debt charges on any notes issued in anticipation of those | 4742 |
bonds?" | 4743 |
If either a levy for permanent improvements or a levy for | 4744 |
current operating expenses is proposed, or both are proposed, the | 4745 |
ballot also shall contain the following language, as appropriate: | 4746 |
"(2) Levy an additional property tax to provide funds for the | 4747 |
acquisition, construction, enlargement, renovation, and financing | 4748 |
of permanent improvements at a rate not exceeding ....... mills | 4749 |
for each one dollar of tax valuation, which amounts to ....... | 4750 |
(rate expressed in cents or dollars and cents) for each $100 of | 4751 |
tax valuation, for ...... (number of years of the levy, or a | 4752 |
continuing period of time)? | 4753 |
(3) Levy an additional property tax to pay current operating | 4754 |
expenses at a rate not exceeding ....... mills for each one dollar | 4755 |
of tax valuation, which amounts to ....... (rate expressed in | 4756 |
cents or dollars and cents) for each $100 of tax valuation, for | 4757 |
....... (number of years of the levy, or a continuing period of | 4758 |
time)? | 4759 |
4760 |
FOR THE BOND ISSUE AND LEVY (OR LEVIES) | 4761 | ||||
AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) | " | 4762 |
4763 |
If the question is proposed under division (J) of this | 4764 |
section, the form of the ballot shall be modified as prescribed by | 4765 |
division (J)(4) of this section. | 4766 |
(E) The board of elections promptly shall certify the results | 4767 |
of the election to the tax commissioner and the county auditor of | 4768 |
the county in which the school district is located. If a majority | 4769 |
of the electors voting on the question vote for it, the board of | 4770 |
education may proceed with issuance of the bonds and with the levy | 4771 |
and collection of the property tax or taxes at the additional rate | 4772 |
or any lesser rate in excess of the ten-mill limitation. Any | 4773 |
securities issued by the board of education under this section are | 4774 |
Chapter 133. securities, as that term is defined in section 133.01 | 4775 |
of the Revised Code. | 4776 |
(F)(1) After the approval of a tax for current operating | 4777 |
expenses under this section and prior to the time the first | 4778 |
collection and distribution from the levy can be made, the board | 4779 |
of education may anticipate a fraction of the proceeds of such | 4780 |
levy and issue anticipation notes in a principal amount not | 4781 |
exceeding fifty per cent of the total estimated proceeds of the | 4782 |
tax to be collected during the first year of the levy. | 4783 |
(2) After the approval of a tax under this section for | 4784 |
permanent improvements having a specific purpose, the board of | 4785 |
education may anticipate a fraction of the proceeds of such tax | 4786 |
and issue anticipation notes in a principal amount not exceeding | 4787 |
fifty per cent of the total estimated proceeds of the tax | 4788 |
remaining to be collected in each year over a period of five years | 4789 |
after issuance of the notes. | 4790 |
(3) After the approval of a tax for general, on-going | 4791 |
permanent improvements under this section, the board of education | 4792 |
may anticipate a fraction of the proceeds of such tax and issue | 4793 |
anticipation notes in a principal amount not exceeding fifty per | 4794 |
cent of the total estimated proceeds of the tax to be collected in | 4795 |
each year over a specified period of years, not exceeding ten, | 4796 |
after issuance of the notes. | 4797 |
Anticipation notes under this section shall be issued as | 4798 |
provided in section 133.24 of the Revised Code. Notes issued under | 4799 |
division (F)(1) or (2) of this section shall have principal | 4800 |
payments during each year after the year of their issuance over a | 4801 |
period not to exceed five years, and may have a principal payment | 4802 |
in the year of their issuance. Notes issued under division (F)(3) | 4803 |
of this section shall have principal payments during each year | 4804 |
after the year of their issuance over a period not to exceed ten | 4805 |
years, and may have a principal payment in the year of their | 4806 |
issuance. | 4807 |
(G) A tax for current operating expenses or for permanent | 4808 |
improvements levied under this section for a specified number of | 4809 |
years may be renewed or replaced in the same manner as a tax for | 4810 |
current operating expenses or for permanent improvements levied | 4811 |
under section 5705.21 of the Revised Code. A tax for current | 4812 |
operating expenses or for permanent improvements levied under this | 4813 |
section for a continuing period of time may be decreased in | 4814 |
accordance with section 5705.261 of the Revised Code. | 4815 |
(H) The submission of a question to the electors under this | 4816 |
section is subject to the limitation on the number of elections | 4817 |
that can be held in a year under section 5705.214 of the Revised | 4818 |
Code. | 4819 |
(I) A school district board of education proposing a ballot | 4820 |
measure under this section to generate local resources for a | 4821 |
project under the school building assistance expedited local | 4822 |
partnership program under section 3318.36 of the Revised Code may | 4823 |
combine the questions under division (D) of this section with a | 4824 |
question for the levy of a property tax to generate moneys for | 4825 |
maintenance of the classroom facilities acquired under that | 4826 |
project as prescribed in section 3318.361 of the Revised Code. | 4827 |
(J)(1) After receiving the county auditor's certification | 4828 |
under division (A) of this section, the board of education of a | 4829 |
municipal school district, by a vote of two-thirds of all its | 4830 |
members, may declare by resolution that it is necessary to levy a | 4831 |
tax in excess of the ten-mill limitation for the purpose of paying | 4832 |
the current expenses of the school district and of partnering | 4833 |
community schools, as defined in section 5705.21 of the Revised | 4834 |
Code; that it is necessary to issue general obligation bonds of | 4835 |
the school district for permanent improvements of the district and | 4836 |
to levy an additional tax in excess of the ten-mill limitation to | 4837 |
pay debt charges on the bonds and any anticipatory securities; and | 4838 |
that the question of the bonds and taxes shall be submitted to the | 4839 |
electors of the school district at a special election, which shall | 4840 |
not be earlier than ninety days after certification of the | 4841 |
resolution to the board of elections, and the date of which shall | 4842 |
be consistent with section 3505.01 of the Revised Code. | 4843 |
The levy of taxes for the current expenses of a partnering | 4844 |
community school under division (J) of this section and the | 4845 |
distribution of proceeds from the tax by a municipal school | 4846 |
district to partnering community schools is hereby determined to | 4847 |
be a proper public purpose. | 4848 |
(2) The tax for the current expenses of the school district | 4849 |
and of partnering community schools is subject to the requirements | 4850 |
of divisions (B)(3), (4), and (5) of section 5705.21 of the | 4851 |
Revised Code. | 4852 |
(3) In addition to the required specifications of the | 4853 |
resolution under division (B) of this section, the resolution | 4854 |
shall express the rate of the tax in mills per dollar of taxable | 4855 |
value, state the number of the mills to be levied for the current | 4856 |
expenses of the partnering community schools and the number of the | 4857 |
mills to be levied for the current expenses of the school | 4858 |
district, specify the number of years (not exceeding ten) the tax | 4859 |
will be levied or that it will be levied for a continuing period | 4860 |
of time, and state the first year the tax will be levied. | 4861 |
The resolution shall go into immediate effect upon its | 4862 |
passage, and no publication of it is necessary other than that | 4863 |
provided in the notice of election. The board of education shall | 4864 |
certify a copy of the resolution, along with copies of the | 4865 |
auditor's estimate and its resolution under division (A) of this | 4866 |
section, to the board of elections immediately after its adoption. | 4867 |
(4) The form of the ballot shall be modified by replacing the | 4868 |
ballot form set forth in division (D)(3) of this section with the | 4869 |
following: | 4870 |
"Levy an additional property tax for the purpose of the | 4871 |
current expenses of the school district and of partnering | 4872 |
community schools at a rate not exceeding ...... (insert the | 4873 |
number of mills) mills for each one dollar of valuation (of which | 4874 |
...... (insert the number of mills to be allocated to partnering | 4875 |
community schools) mills is to be allocated to partnering | 4876 |
community schools), which amounts to ...... (insert the rate | 4877 |
expressed in dollars and cents) for each one hundred dollars of | 4878 |
valuation, for ...... (insert the number of years the levy is to | 4879 |
be imposed, or that it will be levied for a continuing period of | 4880 |
time)? | 4881 |
FOR THE BOND ISSUE AND LEVY (OR LEVIES) | 4883 | ||||
AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) | " | 4884 |
(5) After the approval of a tax for the current expenses of | 4885 |
the school district and of partnering community schools under | 4886 |
division (J) of this section, and prior to the time the first | 4887 |
collection and distribution from the levy can be made, the board | 4888 |
of education may anticipate a fraction of the proceeds of the levy | 4889 |
for the current expenses of the school district and issue | 4890 |
anticipation notes in a principal amount not exceeding fifty per | 4891 |
cent of the estimated proceeds of the levy to be collected during | 4892 |
the first year of the levy and allocated to the school district. | 4893 |
The portion of levy proceeds to be allocated to partnering | 4894 |
community schools shall not be included in the estimated proceeds | 4895 |
anticipated under this division and shall not be used to pay debt | 4896 |
charges on any anticipation notes. | 4897 |
The notes shall be issued as provided in section 133.24 of | 4898 |
the Revised Code, shall have principal payments during each year | 4899 |
after the year of their issuance over a period not to exceed five | 4900 |
years, and may have a principal payment in the year of their | 4901 |
issuance. | 4902 |
(6) A tax for the current expenses of the school district and | 4903 |
of partnering community schools levied under division (J) of this | 4904 |
section for a specified number of years may be renewed or replaced | 4905 |
in the same manner as a tax for the current expenses of a school | 4906 |
district and of partnering community schools levied under division | 4907 |
(B) of section 5705.21 of the Revised Code. A tax for the current | 4908 |
expenses of the school district and of partnering community | 4909 |
schools levied under this division for a continuing period of time | 4910 |
may be decreased in accordance with section 5705.261 of the | 4911 |
Revised Code. | 4912 |
(7) The proceeds from the issuance of the general obligation | 4913 |
bonds under division (J) of this section shall be used solely to | 4914 |
pay for permanent improvements of the school district and not for | 4915 |
permanent improvements of partnering community schools. | 4916 |
Sec. 5705.251. (A) A copy of a resolution adopted under | 4917 |
section 5705.212 or 5705.213 of the Revised Code shall be | 4918 |
certified by the board of education to the board of elections of | 4919 |
the proper county not less than ninety days before the date of the | 4920 |
election specified in the resolution, and the board of elections | 4921 |
shall submit the proposal to the electors of the school district | 4922 |
at a special election to be held on that date. The board of | 4923 |
elections shall make the necessary arrangements for the submission | 4924 |
of the question or questions to the electors of the school | 4925 |
district, and the election shall be conducted, canvassed, and | 4926 |
certified in the same manner as regular elections in the school | 4927 |
district for the election of county officers. Notice of the | 4928 |
election shall be published in a newspaper of general circulation | 4929 |
in the subdivision once a week for two consecutive weeks, or as | 4930 |
provided in section 7.16 of the Revised Code, prior to the | 4931 |
election. If the board of elections operates and maintains a web | 4932 |
site, the board of elections shall post notice of the election on | 4933 |
its web site for thirty days prior to the election. | 4934 |
(1) In the case of a resolution adopted under section | 4935 |
5705.212 of the Revised Code, the notice shall state separately, | 4936 |
for each tax being proposed, the purpose; the proposed increase in | 4937 |
rate, expressed in dollars and cents for each one hundred dollars | 4938 |
of valuation as well as in mills for each one dollar of valuation; | 4939 |
the number of years during which the increase will be in effect; | 4940 |
and the first calendar year in which the tax will be due. For an | 4941 |
election on the question of a renewal levy, the notice shall state | 4942 |
the purpose; the proposed rate, expressed in dollars and cents for | 4943 |
each one hundred dollars of valuation as well as in mills for each | 4944 |
one dollar of valuation; and the number of years the tax will be | 4945 |
in effect. If the resolution is adopted under division (C) of that | 4946 |
section, the rate of each tax being proposed shall be expressed as | 4947 |
both the total rate and the portion of the total rate to be | 4948 |
allocated to the municipal school district and the portion to be | 4949 |
allocated to partnering community schools. | 4950 |
(2) In the case of a resolution adopted under section | 4951 |
5705.213 of the Revised Code, the notice shall state the purpose; | 4952 |
the amount proposed to be raised by the tax in the first year it | 4953 |
is levied; the estimated average additional tax rate for the first | 4954 |
year it is proposed to be levied, expressed in mills for each one | 4955 |
dollar of valuation and in dollars and cents for each one hundred | 4956 |
dollars of valuation; the number of years during which the | 4957 |
increase will be in effect; and the first calendar year in which | 4958 |
the tax will be due. The notice also shall state the amount by | 4959 |
which the amount to be raised by the tax may be increased in each | 4960 |
year after the first year. The amount of the allowable increase | 4961 |
may be expressed in terms of a dollar increase over, or a | 4962 |
percentage of, the amount raised by the tax in the immediately | 4963 |
preceding year. For an election on the question of a renewal levy, | 4964 |
the notice shall state the purpose; the amount proposed to be | 4965 |
raised by the tax; the estimated tax rate, expressed in mills for | 4966 |
each one dollar of valuation and in dollars and cents for each one | 4967 |
hundred dollars of valuation; and the number of years the tax will | 4968 |
be in effect. | 4969 |
In any case, the notice also shall state the time and place | 4970 |
of the election. | 4971 |
(B)(1) The form of the ballot in an election on taxes | 4972 |
proposed under section 5705.212 of the Revised Code shall be as | 4973 |
follows: | 4974 |
"Shall the .......... school district be authorized to levy | 4975 |
taxes for current expenses, the aggregate rate of which may | 4976 |
increase in ...... (number) increment(s) of not more than ...... | 4977 |
mill(s) for each dollar of valuation, from an original rate of | 4978 |
...... mill(s) for each dollar of valuation, which amounts to | 4979 |
...... (rate expressed in dollars and cents) for each one hundred | 4980 |
dollars of valuation, to a maximum rate of ...... mill(s) for each | 4981 |
dollar of valuation, which amounts to ...... (rate expressed in | 4982 |
dollars and cents) for each one hundred dollars of valuation? The | 4983 |
original tax is first proposed to be levied in ...... (the first | 4984 |
year of the tax), and the incremental tax in ...... (the first | 4985 |
year of the increment) (if more than one incremental tax is | 4986 |
proposed in the resolution, the first year that each incremental | 4987 |
tax is proposed to be levied shall be stated in the preceding | 4988 |
format, and the increments shall be referred to as the first, | 4989 |
second, third, or fourth increment, depending on their number). | 4990 |
The aggregate rate of tax so authorized will .......... (insert | 4991 |
either, "expire with the original rate of tax which shall be in | 4992 |
effect for ...... years" or "be in effect for a continuing period | 4993 |
of time"). | 4994 |
4995 |
FOR THE TAX LEVIES | 4996 | ||||
AGAINST THE TAX LEVIES | " | 4997 |
4998 |
If the tax is proposed by a municipal school district under | 4999 |
division (C)(1) of section 5705.212 of the Revised Code, the form | 5000 |
of the ballot shall be modified by adding, after the phrase "each | 5001 |
dollar of valuation," the following: "(of which ...... mills is to | 5002 |
be allocated to partnering community schools)." | 5003 |
(2) The form of the ballot in an election on the question of | 5004 |
a renewal levy under section 5705.212 of the Revised Code shall be | 5005 |
as follows: | 5006 |
"Shall the ......... school district be authorized to renew a | 5007 |
tax for current expenses at a rate not exceeding ......... mills | 5008 |
for each dollar of valuation, which amounts to ......... (rate | 5009 |
expressed in dollars and cents) for each one hundred dollars of | 5010 |
valuation, for .......... (number of years the levy shall be in | 5011 |
effect, or a continuing period of time)? | 5012 |
5013 |
FOR THE TAX LEVY | 5014 | ||||
AGAINST THE TAX LEVY | " | 5015 |
5016 |
If the tax is proposed by a municipal school district under | 5017 |
division (C)(2) of section 5705.212 of the Revised Code and the | 5018 |
total rate and the rates allocated to the school district and | 5019 |
partnering community schools are to remain the same as those of | 5020 |
the levy being renewed, the form of the ballot shall be modified | 5021 |
by adding, after the phrase "each dollar of valuation," the | 5022 |
following: "(of which ...... mills is to be allocated to | 5023 |
partnering community schools)." If the total rate is to be | 5024 |
increased, the form of the ballot shall state that the proposal is | 5025 |
to renew the existing tax with an increase in rate and shall state | 5026 |
the increase in rate, the total rate resulting from the increase, | 5027 |
and, of that rate, the portion of the rate to be allocated to | 5028 |
partnering community schools. If the total rate is to be | 5029 |
decreased, the form of the ballot shall state that the proposal is | 5030 |
to renew a part of the existing tax and shall state the reduction | 5031 |
in rate, the total rate resulting from the decrease, and, of that | 5032 |
rate, the portion of the rate to be allocated to partnering | 5033 |
community schools. | 5034 |
(3) If a tax proposed by a ballot form prescribed in division | 5035 |
(B)(1) or (2) of this section is to be placed on the current tax | 5036 |
list, the form of the ballot shall be modified by adding, after | 5037 |
the statement of the number of years the levy is to be in effect, | 5038 |
the phrase ", commencing in .......... (first year the tax is to | 5039 |
be levied), first due in calendar year .......... (first calendar | 5040 |
year in which the tax shall be due)." | 5041 |
(C) The form of the ballot in an election on a tax proposed | 5042 |
under section 5705.213 of the Revised Code shall be as follows: | 5043 |
"Shall the ........ school district be authorized to levy the | 5044 |
following tax for current expenses? The tax will first be levied | 5045 |
in ...... (year) to raise ...... (dollars). In the ...... (number | 5046 |
of years) following years, the tax will increase by not more than | 5047 |
...... (per cent or dollar amount of increase) each year, so that, | 5048 |
during ...... (last year of the tax), the tax will raise | 5049 |
approximately ...... (dollars). The county auditor estimates that | 5050 |
the rate of the tax per dollar of valuation will be ...... | 5051 |
mill(s), which amounts to $..... per one hundred dollars of | 5052 |
valuation, both during ...... (first year of the tax) and ...... | 5053 |
mill(s), which amounts to $...... per one hundred dollars of | 5054 |
valuation, during ...... (last year of the tax). The tax will not | 5055 |
be levied after ...... (year). | 5056 |
5057 |
FOR THE TAX LEVY | 5058 | ||||
AGAINST THE TAX LEVY | " | 5059 |
5060 |
The form of the ballot in an election on the question of a | 5061 |
renewal levy under section 5705.213 of the Revised Code shall be | 5062 |
as follows: | 5063 |
"Shall the ......... school district be authorized to renew a | 5064 |
tax for current expenses which will raise ......... (dollars), | 5065 |
estimated by the county auditor to be ......... mills for each | 5066 |
dollar of valuation, which amounts to ......... (rate expressed in | 5067 |
dollars and cents) for each one hundred dollars of valuation? The | 5068 |
tax shall be in effect for ......... (the number of years the levy | 5069 |
shall be in effect, or a continuing period of time). | 5070 |
5071 |
FOR THE TAX LEVY | 5072 | ||||
AGAINST THE TAX LEVY | " | 5073 |
5074 |
If the tax is to be placed on the current tax list, the form | 5075 |
of the ballot shall be modified by adding, after the statement of | 5076 |
the number of years the levy is to be in effect, the phrase ", | 5077 |
commencing in .......... (first year the tax is to be levied), | 5078 |
first due in calendar year .......... (first calendar year in | 5079 |
which the tax shall be due)." | 5080 |
(D) The question covered by a resolution adopted under | 5081 |
section 5705.212 or 5705.213 of the Revised Code shall be | 5082 |
submitted as a separate question, but may be printed on the same | 5083 |
ballot with any other question submitted at the same election, | 5084 |
other than the election of officers. More than one question may be | 5085 |
submitted at the same election. | 5086 |
(E) Taxes voted in excess of the ten-mill limitation under | 5087 |
division (B) or (C) of this section shall be certified to the tax | 5088 |
commissioner. If an additional tax is to be placed upon the tax | 5089 |
list of the current year, as specified in the resolution providing | 5090 |
for its submission, the result of the election shall be certified | 5091 |
immediately after the canvass by the board of elections to the | 5092 |
board of education. The board of education immediately shall make | 5093 |
the necessary levy and certify it to the county auditor, who shall | 5094 |
extend it on the tax list for collection. After the first year, | 5095 |
the levy shall be included in the annual tax budget that is | 5096 |
certified to the county budget commission. | 5097 |
Sec. 5705.261. The question of decrease of an increased rate | 5098 |
of levy approved for a continuing period of time by the voters of | 5099 |
a subdivision may be initiated by the filing of a petition with | 5100 |
the board of elections of the proper county not less than ninety | 5101 |
days before the general election in any year requesting that an | 5102 |
election be held on such question. Such petition shall state the | 5103 |
amount of the proposed decrease in the rate of levy and shall be | 5104 |
signed by qualified electors residing in the subdivision equal in | 5105 |
number to at least ten per cent of the total number of votes cast | 5106 |
in the subdivision for the office of governor at the most recent | 5107 |
general election for that office. Only one such petition may be | 5108 |
filed during each five-year period following the election at which | 5109 |
the voters approved the increased rate for a continuing period of | 5110 |
time. | 5111 |
After determination by it that such petition is valid, the | 5112 |
board of elections shall submit the question to the electors of | 5113 |
the district at the succeeding general election. The election | 5114 |
shall be conducted, canvassed, and certified in the same manner as | 5115 |
regular elections in such subdivision for county offices. Notice | 5116 |
of the election shall be published in a newspaper of general | 5117 |
circulation in the district once a week for two consecutive weeks, | 5118 |
or as provided in section 7.16 of the Revised Code, prior to the | 5119 |
election. If the board of elections operates and maintains a web | 5120 |
site, the board of elections shall post notice of the election on | 5121 |
its web site for thirty days prior to the election. The notice | 5122 |
shall state the purpose, the amount of the proposed decrease in | 5123 |
rate, and the time and place of the election. The form of the | 5124 |
ballot cast at such election shall be prescribed by the secretary | 5125 |
of state. The question covered by such petition shall be submitted | 5126 |
as a separate proposition but it may be printed on the same ballot | 5127 |
with any other propositions submitted at the same election other | 5128 |
than the election of officers. If a majority of the qualified | 5129 |
electors voting on the question of a decrease at such election | 5130 |
approve the proposed decrease in rate, the result of the election | 5131 |
shall be certified immediately after the canvass by the board of | 5132 |
elections to the subdivision's taxing authority, which shall | 5133 |
thereupon, after the current year, cease to levy such increased | 5134 |
rate or levy such tax at such reduced rate upon the duplicate of | 5135 |
the subdivision. If notes have been issued in anticipation of the | 5136 |
collection of such levy, the taxing authority shall continue to | 5137 |
levy and collect under authority of the election authorizing the | 5138 |
original levy such amounts as will be sufficient to pay the | 5139 |
principal of and interest on such anticipation notes as the same | 5140 |
fall due. | 5141 |
In the case of a levy for the current expenses of a municipal | 5142 |
school district and of partnering community schools imposed under | 5143 |
section 5705.192, division (B) of section 5705.21, division (C) of | 5144 |
section 5705.212, or division (J) of section 5705.218 of the | 5145 |
Revised Code for a continuing period of time, the rate allocated | 5146 |
to the school district and to partnering community schools shall | 5147 |
each be decreased by a number of mills per dollar that is | 5148 |
proportionate to the decrease in the rate of the levy in | 5149 |
proportion to the rate at which the levy was imposed before the | 5150 |
decrease. | 5151 |
Sec. 5748.01. As used in this chapter: | 5152 |
(A) "School district income tax" means an income tax adopted | 5153 |
under one of the following: | 5154 |
(1) Former section 5748.03 of the Revised Code as it existed | 5155 |
prior to its repeal by Amended Substitute House Bill No. 291 of | 5156 |
the 115th general assembly; | 5157 |
(2) Section 5748.03 of the Revised Code as enacted in | 5158 |
Substitute Senate Bill No. 28 of the 118th general assembly; | 5159 |
(3) Section 5748.08 of the Revised Code as enacted in Amended | 5160 |
Substitute Senate Bill No. 17 of the 122nd general assembly; | 5161 |
(4) Section 5748.021 of the Revised Code; | 5162 |
(5) Section 5748.081 of the Revised Code; | 5163 |
(6) Section 5748.09 of the Revised Code. | 5164 |
(B) "Individual" means an individual subject to the tax | 5165 |
levied by section 5747.02 of the Revised Code. | 5166 |
(C) "Estate" means an estate subject to the tax levied by | 5167 |
section 5747.02 of the Revised Code. | 5168 |
(D) "Taxable year" means a taxable year as defined in | 5169 |
division (M) of section 5747.01 of the Revised Code. | 5170 |
(E) "Taxable income" means: | 5171 |
(1) In the case of an individual, one of the following, as | 5172 |
specified in the resolution imposing the tax: | 5173 |
(a) Ohio adjusted gross income for the taxable year as | 5174 |
defined in division (A) of section 5747.01 of the Revised Code, | 5175 |
less the exemptions provided by section 5747.02 of the Revised | 5176 |
Code; | 5177 |
(b) Wages, salaries, tips, and other employee compensation to | 5178 |
the extent included in Ohio adjusted gross income as defined in | 5179 |
section 5747.01 of the Revised Code, and net earnings from | 5180 |
self-employment, as defined in section 1402(a) of the Internal | 5181 |
Revenue Code, to the extent included in Ohio adjusted gross | 5182 |
income. | 5183 |
(2) In the case of an estate, taxable income for the taxable | 5184 |
year as defined in division (S) of section 5747.01 of the Revised | 5185 |
Code. | 5186 |
(F) "Resident" of the school district means: | 5187 |
(1) An individual who is a resident of this state as defined | 5188 |
in division (I) of section 5747.01 of the Revised Code during all | 5189 |
or a portion of the taxable year and who, during all or a portion | 5190 |
of such period of state residency, is domiciled in the school | 5191 |
district or lives in and maintains a permanent place of abode in | 5192 |
the school district; | 5193 |
(2) An estate of a decedent who, at the time of death, was | 5194 |
domiciled in the school district. | 5195 |
(G) "School district income" means: | 5196 |
(1) With respect to an individual, the portion of the taxable | 5197 |
income of an individual that is received by the individual during | 5198 |
the portion of the taxable year that the individual is a resident | 5199 |
of the school district and the school district income tax is in | 5200 |
effect in that school district. An individual may have school | 5201 |
district income with respect to more than one school district. | 5202 |
(2) With respect to an estate, the taxable income of the | 5203 |
estate for the portion of the taxable year that the school | 5204 |
district income tax is in effect in that school district. | 5205 |
(H) "Taxpayer" means an individual or estate having school | 5206 |
district income upon which a school district income tax is | 5207 |
imposed. | 5208 |
(I) "School district purposes" means any of the purposes for | 5209 |
which a tax may be levied pursuant to division (A) of section | 5210 |
5705.21 of the Revised Code, including the combined purposes | 5211 |
authorized by section 5705.217 of the Revised Code. | 5212 |
Section 2. That existing sections 124.36, 2903.13, 2921.02, | 5213 |
3302.03, 3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, | 5214 |
3311.76, 3313.975, 3314.10, 3316.07, 3319.02, 3319.071, 3319.10, | 5215 |
3319.112, 3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, | 5216 |
3319.18, 3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215, | 5217 |
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 of the Revised | 5218 |
Code are hereby repealed. | 5219 |
Section 3. The amendment by this act of sections 5705.192, | 5220 |
5705.21, 5705.212, 5705.215, 5705.216, 5705.218, 5705.251, | 5221 |
5705.261, and 5748.01 of the Revised Code apply to any proceedings | 5222 |
commenced after their effective date, and, so far as their | 5223 |
provisions support the actions taken, also apply to any | 5224 |
proceedings that on their effective date are pending, in progress, | 5225 |
or completed, to any elections authorized, conducted, or | 5226 |
certified, and to securities authorized or issued pursuant to | 5227 |
those proceedings, notwithstanding any law, resolution, ordinance, | 5228 |
order, advertisement, notice, or other proceeding in effect before | 5229 |
their effective date. Any proceedings pending or in progress on, | 5230 |
or completed by or before, the effective date of those amendments, | 5231 |
elections authorized, conducted, or certified, and securities | 5232 |
sold, issued, and delivered, or validated, pursuant to those | 5233 |
proceedings, shall be deemed to have been taken, authorized, | 5234 |
conducted, certified, sold, issued, delivered, or validated in | 5235 |
conformity with those amendments so far as their provisions | 5236 |
support the actions taken, and are hereby ratified and confirmed. | 5237 |
The amendment by this act of sections 5705.192, 5705.21, | 5238 |
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and | 5239 |
5748.01 of the Revised Code provide additional or supplemental | 5240 |
provisions for subject matter that may also be the subject of | 5241 |
other laws, and is intended to be supplemental to, and not in | 5242 |
derogation of, any similar authority provided by, derived from, or | 5243 |
implied by, the Constitution of Ohio, or any other law, including | 5244 |
laws amended by this act, or any charter, order, resolution, or | 5245 |
ordinance; and those amendments to sections 5705.192, 5705.21, | 5246 |
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and | 5247 |
5748.01 of the Revised Code shall not be interpreted to negate the | 5248 |
authority provided by, derived from, or implied by such | 5249 |
Constitution of Ohio, laws, charters, orders, resolutions, or | 5250 |
ordinances. | 5251 |
The provisions of law enacted, amended, or repealed by this | 5252 |
act, as existed prior to the act's effective date, shall be deemed | 5253 |
to remain applicable to any actions taken, including any election | 5254 |
held or any securities issued pursuant to or in reliance on them. | 5255 |