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As Reported by the Senate Education Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 269 |
REPRESENTATIVES WISE-BATCHELDER-HOTTINGER-TAYLOR-CORBIN-TIBERI-
KASPUTIS-CATES-
SENATORS KEARNS-J. JOHNSON-SCHAFRATH
A BILL
To amend sections 102.02, 3313.02, 3313.04, 3313.11, 3313.70,
3315.15, and 3329.08 and to enact sections 3311.71 to 3311.77 of
the Revised Code to authorize the mayor of a municipal
corporation to appoint a nine-member school board in a municipal
school district operating under a federal court order and to
permit the voters to decide four or more years later whether or
not to continue that method of selecting school
board members or to return to an elected board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.02, 3313.02, 3313.04, 3313.11,
3313.70, 3315.15, and 3329.08 be amended and sections 3311.71,
3311.72, 3311.73, 3311.74, 3311.75, 3311.76, and 3311.77 of the
Revised Code be enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the director, assistant directors, deputy
directors, division chiefs, or persons of equivalent rank of any
administrative department of the state; the president or other
chief administrative officer of every state institution of higher
education as defined in section 3345.011 of the Revised Code; the
chief executive officer of each state retirement system; all
members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school
district or an educational service center; every person who is elected
to or is a candidate for
the office of member of a board of education of a city, local,
exempted village, joint vocational, or cooperative
education school district or of a governing board of an educational service
center that has an average daily membership of
twelve thousand or more as most recently certified to the state
board of education pursuant to division (A) of section 3317.03 of
the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE BOARD OF EDUCATION
OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO DIVISION (B) OR
(F) OF SECTION 3311.71 of the Revised Code; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; and every
other public official or employee who is designated by the
appropriate ethics commission pursuant to division (B) of this
section shall file with the appropriate ethics commission on a
form prescribed by the commission, a statement disclosing:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which the
person or members of the person's immediate family does
business;
(2)(a) Subject to divisions (A)(2)(b), and (c) of this
section and except as otherwise provided in section 102.022 of
the Revised Code, identification of every source of income, other
than income from a legislative agent identified in division
(A)(2)(b) of this section, received during the preceding calendar
year, in the person's own name or by any other person for
the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was received. If the person filing the statement is a member of
the general assembly, the statement shall identify the amount of
every source of income received in accordance with the following
ranges of amounts: zero or more but less than one thousand
dollars; one thousand dollars or more but less than ten thousand
dollars; ten thousand dollars or more but less than twenty-five
thousand dollars; twenty-five thousand dollars or more but less
than fifty thousand dollars; fifty thousand dollars or more but
less than one hundred thousand dollars; and one hundred thousand
dollars or more. Division (A)(2)(a) of this section shall not be
construed to require a person filing the statement who derives
income from a business or profession to disclose the individual
items of income that constitute the gross income of that business
or profession, except for those individual items of income that
are attributable to the person's or, if the income is shared with
the person, the partner's, solicitation of services or goods or
performance, arrangement, or facilitation of services or
provision of goods on behalf of the business or profession of
clients, including corporate clients, who are legislative agents
as defined in section 101.70 of the Revised Code. A person who
files the statement under this section shall disclose the
identity of and the amount of income received from a person whom
the public official or employee knows or has reason to know is
doing or seeking to do business of any kind with the public
official's or employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature of the services
for which the income was received. Division (A)(2)(b) of this
section requires the disclosure of clients of attorneys or
persons licensed under section 4732.12 of the Revised Code, or
patients of persons certified under section 4731.14 of the
Revised Code if those clients or patients are legislative agents.
Division (A)(2)(b) of this section requires a person filing the
statement who derives income from a business or profession to
disclose those individual items of income that constitute the
gross income of that business or profession that are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required not to reveal, disclose, or use confidences of clients,
patients, or other recipients of professional services except
under specified circumstances or generally are required to
maintain those types of confidences as privileged communications
except under specified circumstances. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as
described in division (A)(2)(c) of this section to disclose the
name, other identity, or address of a client, patient, or other
recipient of professional services if the disclosure would
threaten the client, patient, or other recipient of professional
services, would reveal details of the subject matter for which
legal, medical, or professional advice or other services were
sought, or would reveal an otherwise privileged communication
involving the client, patient, or other recipient of professional
services. Division (A)(2)(a) of this section does not require an
attorney, physician, or other professional subject to a
confidentiality requirement as described in division (A)(2)(c) of
this section to disclose in the brief description of the nature
of services required by division (A)(2)(a) of this section any
information pertaining to specific professional services rendered
for a client, patient, or other recipient of professional
services that would reveal details of the subject matter for
which legal, medical, or professional advice was sought or would
reveal an otherwise privileged communication involving the
client, patient, or other recipient of professional services.
(3) The name of every corporation on file with the
secretary of state that is incorporated in Ohio or holds a
certificate of compliance authorizing it to do business in this
state, trust, business trust, partnership, or association that
transacts business in Ohio in which the person filing the
statement or any other person for the person's use and
benefit had during
the preceding calendar year an investment of over one thousand
dollars at fair market value as of the thirty-first day of
December of the preceding calendar year, or the date of
disposition, whichever is earlier, or in which the person holds
any office or has a fiduciary relationship, and a description of
the nature of the investment, office, or relationship. This
division does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person, more
than one thousand dollars. This division shall not be construed
to require the disclosure of debts owed by the person resulting
from the ordinary conduct of a business or profession or debts on
the person's residence or real property used primarily for
personal recreation, except that the superintendent of financial
institutions shall disclose the
names of all
state-chartered savings and loan associations and of
all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all state-chartered
banks and all bank subsidiary corporations subject to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owes more than one thousand
dollars to the person filing the statement, either in the
person's own
name or to any person for the person's use or benefit. This
division
shall not be construed to require the disclosure of clients of
attorneys or persons licensed under section 4732.12 or 4732.15 of
the Revised Code, or patients of persons certified under section
4731.14 of the Revised Code, nor the disclosure of debts owed to
the person resulting from the ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a member of the general assembly from a legislative agent,
received by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year, except
gifts received by will or by virtue of section 2105.06 of the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, fathers-in-law, mothers-in-law, or any person
to whom the person filing the statement stands in loco parentis,
or received by way of distribution from any inter vivos or
testamentary trust established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's own name
or by any other person for the person's use or benefit and
that is
incurred in connection with the person's official duties except
for expenses for travel to meetings or conventions of a national
or state organization to which either house of the general
assembly, any legislative agency, a state institution of higher
education as defined in section 3345.031 of the Revised Code, any
other state agency, or any political subdivision or any office or
agency of a political subdivision pays membership dues.;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person participated in a panel, seminar, or speaking engagement
or at a meeting or convention of a national or state organization
to which either house of the general assembly, any legislative
agency, a state institution of higher education as defined in
section 3345.031 of the Revised Code, any other state agency, or
any political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of the Revised Code, all of the nondisputed information contained
in the statement delivered to that public official or employee by
the legislative agent, executive agency lobbyist, or employer
under division (F)(2) of section 101.73 or (G)(2) of section
121.63 of the Revised Code. As used in division (A)(10) of this
section, "legislative agent," "executive agency lobbyist," and
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which such
candidacy is to be voted on, whichever election occurs sooner,
except a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A person who
holds elective office shall file the statement on or before
the
fifteenth day of April of each year, unless the person is a
candidate for
office. A person who is appointed to fill a vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for office.
Other persons
shall file an annual statement on or before the fifteenth day of
April or, if appointed or employed after that date, within ninety
days after appointment or employment. No person shall be
required to file with the appropriate ethics commission more than
one statement or pay more than one filing fee for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend for a reasonable time the deadline for filing a disclosure
statement under this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics committee, and the board of commissioners on grievances
and discipline of the supreme court, using the rule-making
procedures of Chapter 119. of the Revised Code, may require any
class of public officials or employees under its jurisdiction and
not specifically excluded by this section whose positions involve
a substantial and material exercise of administrative discretion
in the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or the execution of other public trusts, to file an annual
statement on or before the fifteenth day of April under division
(A) of this section. The appropriate ethics commission shall
send the public officials or employees written notice of the
requirement by the fifteenth day of February of each year the
filing is required, unless the public official or employee is
appointed after that date, in which case the notice shall be sent
within thirty days after appointment, and the filing shall be
made not later than ninety days after appointment.
Disclosure statements filed under this division with the
Ohio ethics commission by members of boards, commissions, or
bureaus of the state for which no compensation is received other
than reasonable and necessary expenses shall be kept confidential. Disclosure
statements filed
with the Ohio ethics commission under division (A) of this
section by business managers, treasurers, and superintendents of
city, local, exempted village, joint vocational, or
cooperative education school districts or educational service centers shall be
kept confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117.
of the Revised Code may examine the disclosure statement of any
business manager, treasurer, or superintendent of that school
district or educational service center. The Ohio ethics commission shall
examine each disclosure statement required to be kept confidential to
determine whether a potential conflict of interest exists for the
person who filed the disclosure statement. A potential conflict
of interest exists if the private interests of the person, as
indicated by the person's disclosure statement, might
interfere with the
public interests the person is required to serve in the
exercise of the person's authority and duties in
the person's office or position of employment. If
the commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised
Code and except as otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before
the applicable filing deadline under this section, a statement
that is required by this section.
(D) No person shall knowingly file a false statement that
is required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section, on and after March 2, 1994, the statement required by division
(A) or (B) of
this section shall be accompanied by a filing fee of twenty-five
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a filing fee to be paid by the person who
is elected or appointed to or is a candidate for any of the
following offices:
For state office, except member of | |
state board of education | $50 |
For office of member of United States | |
congress or member of general assembly | $25 |
For county office | $25 |
For office of member of state board | |
of education | $10 |
For office of member of city, local, | |
exempted village, or cooperative | |
education board of | |
education or educational service | |
center governing board | $ 5 |
For position of business manager, | |
treasurer, or superintendent of | |
city, local, exempted village, joint | |
vocational, or cooperative education | |
school district or | |
educational service center | $ 5 |
(3) No judge of a court of record or candidate for judge
of such a court, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2), or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one hundred dollars.
(G)(1) The appropriate ethics commission other than the
Ohio ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all fees it
receives under divisions (E) and (F) of this section and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys
credited to the fund shall be used solely for expenses related to
the operation of the commission.
(H) Division (A) of this section does not apply to a
person elected or appointed to the office of precinct, ward, or
district committee member under Chapter 3517. of the Revised
Code; a presidential elector; a delegate to a national
convention; village or township officials and employees; any
physician or psychiatrist who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code and whose primary duties do
not require the exercise of administrative discretion; or any
member of a board, commission, or bureau of any county or city
who receives less than one thousand dollars per year for serving
in that position.
Sec. 3311.71. (A) AS USED IN THIS SECTION AND IN SECTIONS
3311.72 TO 3311.77 OF THE REVISED CODE:
(1) "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT
THAT IS OR HAS EVER BEEN UNDER A FEDERAL COURT ORDER REQUIRING SUPERVISION AND
OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY THE STATE
SUPERINTENDENT OF PUBLIC INSTRUCTION.
(2) "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION
CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S
TERRITORY.
(B) WHENEVER ANY
MUNICIPAL SCHOOL DISTRICT IS RELEASED BY A FEDERAL COURT FROM AN
ORDER REQUIRING SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT
OF THE DISTRICT BY THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL
OF THAT DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW NINE-MEMBER
BOARD OF EDUCATION. MEMBERS OF THE NEW BOARD
SHALL BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE
MEMBER AS THE CHAIRPERSON OF THE BOARD. IN ADDITION TO
THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS
3311.71 TO 3311.76 of the Revised Code, THE CHAIRPERSON SHALL HAVE ALL THE RIGHTS, AUTHORITY,
AND DUTIES CONFERRED UPON THE PRESIDENT OF A BOARD OF EDUCATION BY THE
REVISED CODE THAT ARE NOT INCONSISTENT WITH SECTIONS 3311.71
TO 3311.76 of the Revised Code.
(C) NO SCHOOL BOARD MEMBER SHALL BE APPOINTED BY THE MAYOR
PURSUANT TO DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS
RECEIVED A SLATE OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A MUNICIPAL
SCHOOL DISTRICT NOMINATING PANEL, AT LEAST THREE OF WHOM RESIDE IN THE
MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL CORPORATION CONTAINING THE
GREATEST PORTION OF THE DISTRICT'S TERRITORY. THE MUNICIPAL SCHOOL DISTRICT
NOMINATING
PANEL SHALL BE INITIALLY CONVENED AND CHAIRED BY THE STATE SUPERINTENDENT OF
PUBLIC INSTRUCTION, WHO SHALL SERVE AS A NONVOTING MEMBER FOR THE FIRST TWO
YEARS OF THE PANEL'S EXISTENCE, AND SHALL CONSIST OF ELEVEN PERSONS SELECTED
AS FOLLOWS:
(1) THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE SCHOOLS OF THE
MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE DISTRICT PARENT-TEACHER
ASSOCIATION,
OR SIMILAR ORGANIZATION SELECTED BY THE STATE SUPERINTENDENT;
(2) THREE PERSONS APPOINTED BY THE MAYOR;
(3) ONE PERSON APPOINTED BY THE PRESIDENT OF THE LEGISLATIVE BODY OF THE
MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF THE MUNICIPAL SCHOOL
DISTRICT'S TERRITORY;
(4) ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING REPRESENTATIVE OF
THE SCHOOL DISTRICT'S TEACHERS;
(5) ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL DISTRICT'S
PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE SUPERINTENDENT;
(6) ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED BY AN ORGANIZED
COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR;
(7) ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION
LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE STATE
SUPERINTENDENT OF PUBLIC INSTRUCTION.
THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT ONE OF ITS
MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER THE DATE OF THE FIRST
MEETING OF THE PANEL, AT WHICH TIME THE STATE SUPERINTENDENT OF PUBLIC
INSTRUCTION SHALL NO LONGER CONVENE OR CHAIR THE PANEL. THEREAFTER, THE PANEL
SHALL MEET AS NECESSARY TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON.
ALL MEMBERS OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE APPOINTING
AUTHORITY. VACANCIES ON THE PANEL SHALL BE FILLED IN THE SAME MANNER AS THE
INITIAL APPOINTMENTS.
(D) NO INDIVIDUAL SHALL BE APPOINTED BY THE MAYOR PURSUANT TO
DIVISION (B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL
HAS BEEN NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL
DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE.
AT ANY GIVEN TIME, FOUR OF THE NINE MEMBERS APPOINTED BY THE MAYOR TO
SERVE ON THE BOARD PURSUANT TO EITHER DIVISION
(B) OR (F) OF
THIS SECTION SHALL HAVE DISPLAYED, PRIOR TO APPOINTMENT, SIGNIFICANT EXPERTISE
IN EITHER THE EDUCATION FIELD, FINANCE, OR BUSINESS MANAGEMENT.
AT ALL TIMES AT LEAST ONE MEMBER OF THE BOARD SHALL BE AN INDIVIDUAL WHO
RESIDES IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL CORPORATION
CONTAINING THE GREATEST PORTION OF THE DISTRICT'S TERRITORY.
(E) THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED BY THE MAYOR
PURSUANT TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON THE NEXT
THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION REQUIRED BY
SECTION 3311.73 of the Revised Code. THE MAYOR MAY, WITH THE ADVICE AND CONSENT OF THE
NOMINATING PANEL,
REMOVE ANY MEMBER APPOINTED PURSUANT TO THAT
DIVISION OR DIVISION (F) OF THIS SECTION FOR CAUSE.
(F) IF THE VOTERS OF THE
DISTRICT APPROVE THE CONTINUATION OF AN APPOINTED BOARD AT THE
REFERENDUM ELECTION REQUIRED BY SECTION 3311.73 OF THE
REVISED CODE, THE MAYOR SHALL APPOINT
THE MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING PANEL IN
THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED PURSUANT TO DIVISIONS
(B), (C), AND (D) OF THIS SECTION. FIVE OF THE
MEMBERS OF THE NEW BOARD SHALL BE
APPOINTED TO FOUR-YEAR TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR
TERMS, EACH TERM BEGINNING ON THE FIRST DAY OF JULY. THEREAFTER, THE
MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER AS DESCRIBED
IN DIVISIONS (B), (C), AND (D) OF THIS SECTION.
THE MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE
PREPARED BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE THE
NUMBER OF MEMBERS TO BE APPOINTED, INCLUDING AT LEAST TWO WHO RESIDE IN THE
MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL CORPORATION CONTAINING THE
GREATEST PORTION OF THE DISTRICT'S TERRITORY.
(G) IN ADDITION TO THE NINE MEMBERS APPOINTED BY THE MAYOR, THE
BOARDS APPOINTED PURSUANT TO DIVISIONS (B) AND (F) OF THIS
SECTION SHALL INCLUDE THE FOLLOWING NONVOTING EX OFFICIO MEMBERS:
(1) IF THE MAIN CAMPUS OF A STATE UNIVERSITY SPECIFIED IN SECTION 3345.011
of the Revised Code IS LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT, THE PRESIDENT OF THE
UNIVERSITY OR THE PRESIDENT'S DESIGNEE;
(2) IF ANY COMMUNITY COLLEGE HAS ITS MAIN BRANCH LOCATED WITHIN THE
DISTRICT,
THE PRESIDENT OF THE COMMUNITY COLLEGE THAT HAS THE LARGEST MAIN BRANCH WITHIN
THE DISTRICT, OR THE PRESIDENT'S DESIGNEE.
Sec. 3311.72. THIS SECTION DOES NOT APPLY TO ANY PRINCIPAL, ASSISTANT
PRINCIPAL, OR OTHER ADMINISTRATOR WHO IS EMPLOYED TO PERFORM ADMINISTRATIVE
FUNCTIONS PRIMARILY WITHIN ONE SCHOOL BUILDING.
(A) ON THE EFFECTIVE DATE OF THE ASSUMPTION OF
CONTROL OF A MUNICIPAL SCHOOL
DISTRICT BY THE NEW BOARD OF EDUCATION PURSUANT TO DIVISION
(B) OF SECTION 3311.71 OF THE
REVISED CODE, THE TREASURER, BUSINESS
MANAGER, SUPERINTENDENT, ASSISTANT SUPERINTENDENTS, AND OTHER
ADMINISTRATORS OF THE SCHOOL DISTRICT SHALL SUBMIT THEIR RESIGNATIONS
TO THE BOARD. AS USED IN THIS SECTION, "OTHER ADMINISTRATOR"
HAS THE SAME MEANING AS IN SECTION 3319.02 OF THE
REVISED CODE.
(B) NOTWITHSTANDING CHAPTER 3319. of the Revised Code:
(1) UNTIL THIRTY MONTHS AFTER THE DATE OF THE ASSUMPTION OF
CONTROL OF A MUNICIPAL
SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (B) OF SECTION
3311.71 of the Revised Code, THE MAYOR SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY
VACANCIES OCCURRING IN THAT POSITION.
(2) AFTER THE BOARD APPOINTED PURSUANT TO DIVISION
(B) OF SECTION 3311.71 OF THE
REVISED CODE
HAS BEEN IN CONTROL OF A MUNICIPAL SCHOOL DISTRICT FOR THIRTY MONTHS, THE
MAYOR
SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN
THAT POSITION, WITH THE CONCURRENCE OF THE BOARD.
(3) AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A MUNICIPAL
SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF SECTION
3311.71
of the Revised Code, THE BOARD SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY
VACANCIES OCCURRING IN THAT POSITION, WITH THE CONCURRENCE OF THE MAYOR.
(4) AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF EXECUTIVE OFFICER
UNDER DIVISION (B)(1), (2), OR (3) OF THIS SECTION SHALL
HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH
TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE
BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH
CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE
INDIVIDUAL CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME:
(a) DURING THE FIRST THIRTY MONTHS AFTER THE DATE OF THE
ASSUMPTION OF CONTROL OF THE MUNICIPAL SCHOOL DISTRICT BY THE BOARD PURSUANT
TO DIVISION (B) OF SECTION 3311.71 of the Revised Code, THE INDIVIDUAL WILL SERVE AT
THE PLEASURE OF THE MAYOR;
(b) BEGINNING THIRTY MONTHS AFTER THE DATE OF ASSUMPTION OF
CONTROL, THE INDIVIDUAL WILL SERVE AT THE PLEASURE OF THE BOARD, WITH THE
MAYOR'S CONCURRENCE REQUIRED FOR REMOVAL.
(C) THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF FINANCIAL
OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING OFFICER, AND A CHIEF
COMMUNICATIONS OFFICER AND ANY OTHER ADMINISTRATORS FOR THE DISTRICT AS THE
CHIEF EXECUTIVE OFFICER SHALL DETERMINE TO BE NECESSARY. THE CHIEF EXECUTIVE
OFFICER SHALL ALSO APPOINT OMBUDSPERSONS WHO SHALL ANSWER QUESTIONS AND
SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND GUARDIANS OF
CHILDREN ATTENDING DISTRICT SCHOOLS. THE CHIEF EXECUTIVE OFFICER SHALL
APPOINT A SUFFICIENT NUMBER OF OMBUDSPERSONS TO SERVE THE NEEDS OF THE PARENTS
AND GUARDIANS.
A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A SUPERINTENDENT
APPOINTED PURSUANT TO SECTION 3319.01 of the Revised Code OR A TREASURER ELECTED PURSUANT TO
SECTION 3313.22 of the Revised Code. IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES
CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER IN
SECTIONS 3311.71 TO 3311.76 of the Revised Code, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF
FINANCIAL OFFICER SHALL HAVE ALL OF THE RIGHTS, AUTHORITY, AND DUTIES
CONFERRED
UPON THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF A BOARD OF
EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE NOT
INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 of the Revised Code.
(D) NOTWITHSTANDING CHAPTERS 124. AND 3319. of the Revised Code, AN
INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A MUNICIPAL SCHOOL
DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL HAVE A CONTRACT WITH THE SCHOOL
DISTRICT THAT INCLUDES SUCH
TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF EXECUTIVE
OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT SHALL CONTAIN A
PROVISION STATING THAT, UNLESS THE APPOINTEE CHOOSES TO TERMINATE THE CONTRACT
AT A PRIOR TIME, THE APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF
EXECUTIVE OFFICER.
(E) THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR EMPLOY
SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN THE CHIEF EXECUTIVE
OFFICER'S REASONABLE JUDGMENT SHALL BE NECESSARY TO DESIGN, IMPLEMENT, OR
EVALUATE THE PLAN REQUIRED BY SECTION 3311.74 of the Revised Code AND TO PROPERLY OPERATE THE
SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD.
(F) NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319.
of the Revised Code, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE REQUIRED TO HOLD ANY
LICENSE, CERTIFICATE, OR PERMIT.
Sec. 3311.73. (A) NO LATER THAN SEVENTY-FIVE DAYS BEFORE THE
GENERAL ELECTION HELD IN THE
FIRST EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE DATE IT
ASSUMED CONTROL OF THE MUNICIPAL SCHOOL DISTRICT PURSUANT TO DIVISION
(B) OF SECTION 3311.71 OF THE
REVISED CODE,
THE BOARD OF EDUCATION APPOINTED UNDER THAT DIVISION SHALL NOTIFY THE BOARD OF
ELECTIONS OF EACH COUNTY CONTAINING TERRITORY OF THE MUNICIPAL SCHOOL DISTRICT
OF THE REFERENDUM ELECTION REQUIRED BY DIVISION
(B) OF THIS SECTION.
(B) AT THE GENERAL ELECTION HELD IN THE FIRST
EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS
AFTER THE DATE THE NEW BOARD ASSUMED CONTROL OF A MUNICIPAL SCHOOL DISTRICT
PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE
REVISED CODE, THE FOLLOWING QUESTION SHALL BE SUBMITTED TO
THE ELECTORS RESIDING IN THE SCHOOL DISTRICT:
"SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE
APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE
MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE
NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?"
THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY
OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL
NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE
ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND
CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE
DISTRICT FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN
ANY SUCH ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A
PRECINCT ARE QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY
ASSIGN VOTERS IN SUCH PART TO AN ADJOINING PRECINCT. SUCH AN
ASSIGNMENT MAY BE MADE TO AN ADJOINING PRECINCT IN ANOTHER
COUNTY WITH THE CONSENT AND APPROVAL OF THE BOARD OF ELECTIONS
OF SUCH OTHER COUNTY. NOTICE OF THE ELECTION SHALL BE
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
SCHOOL DISTRICT ONCE A WEEK FOR THREE CONSECUTIVE WEEKS PRIOR TO THE
ELECTION STATING THE QUESTION ON WHICH THE ELECTION IS BEING
HELD. THE BALLOT SHALL BE IN THE FORM PRESCRIBED BY THE
SECRETARY OF STATE. COSTS OF SUBMITTING THE QUESTION TO THE ELECTORS SHALL BE
CHARGED TO THE MUNICIPAL SCHOOL DISTRICT IN ACCORDANCE WITH SECTION 3501.17
of the Revised Code.
(C) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED IN
DIVISION (B) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR SHALL
APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY OF JULY
PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE REVISED
CODE.
(D) IF A MAJORITY OF
ELECTORS VOTING ON THE ISSUE PROPOSED IN DIVISION
(B) OF THIS SECTION DISAPPROVE
THE QUESTION, A NEW SEVEN-MEMBER BOARD OF EDUCATION SHALL BE
ELECTED AT THE NEXT REGULAR ELECTION OCCURRING IN
NOVEMBER OF AN ODD-NUMBERED YEAR. AT SUCH
ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR YEARS
AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS.
THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER
AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A
CITY SCHOOL DISTRICT. ALL MEMBERS OF THE BOARD OF EDUCATION OF
A MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION
(B) OF SECTION 3311.71 OF THE
REVISED CODE SHALL CONTINUE TO SERVE
AFTER THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL
THEIR SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE
WITH SECTION 3313.09 OF THE REVISED CODE.
Sec. 3311.74. (A) THE BOARD OF
EDUCATION OF A MUNICIPAL SCHOOL DISTRICT, IN CONSULTATION WITH
THE DEPARTMENT OF EDUCATION, SHALL SET GOALS FOR THE DISTRICT'S
EDUCATIONAL, FINANCIAL, AND MANAGEMENT PROGRESS AND ESTABLISH
ACCOUNTABILITY STANDARDS WITH WHICH TO MEASURE THE DISTRICT'S
PROGRESS.
(B) THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL SCHOOL
DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A
PLAN TO MEASURE STUDENT ACADEMIC
PERFORMANCE AT EACH SCHOOL WITHIN THE DISTRICT. WHERE
MEASUREMENTS DEMONSTRATE THAT STUDENTS IN PARTICULAR SCHOOLS ARE
NOT ACHIEVING, OR ARE NOT IMPROVING THEIR ACHIEVEMENT LEVELS AT
AN ACCEPTABLE RATE, THE PLAN SHALL CONTAIN PROVISIONS REQUIRING THE CHIEF
EXECUTIVE OFFICER, WITH THE CONCURRENCE OF THE BOARD, TO TAKE
CORRECTIVE ACTION WITHIN THOSE SCHOOLS, INCLUDING
REALLOCATION OF ACADEMIC AND FINANCIAL RESOURCES, REASSIGNMENT
OF STAFF, REDESIGN OF ACADEMIC PROGRAM, AND DEPLOYING ADDITIONAL
ASSISTANCE TO STUDENTS.
(C) ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A REPORT TO
RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF ACHIEVEMENT
MEASUREMENTS MADE UNDER DIVISION (B) OF THIS SECTION AND DELINEATES
THE NATURE OF ANY REFORMS AND CORRECTIVE ACTIONS BEING TAKEN IN RESPONSE TO
ANY FAILURE TO ACHIEVE AT AN ACCEPTABLE LEVEL OR RATE. THE REPORT SHALL
ALSO CONTAIN DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE THE
OVERALL QUALITY OR EFFICIENCY OF OPERATION OF THE DISTRICT, SHALL LIST THE
SOURCE OF ALL DISTRICT REVENUES, AND SHALL CONTAIN A DESCRIPTION
OF ALL DISTRICT EXPENDITURES DURING THE PRECEDING FISCAL
YEAR.
(D) THE CHIEF EXECUTIVE OFFICER SHALL IMPLEMENT A PUBLIC
AWARENESS CAMPAIGN TO KEEP THE PARENTS AND GUARDIANS OF THE DISTRICT'S
STUDENTS INFORMED OF THE CHANGES BEING IMPLEMENTED WITHIN THE DISTRICT. THE
CAMPAIGN MAY INCLUDE SUCH METHODS AS COMMUNITY FORUMS, LETTERS, AND
BROCHURES. IT SHALL INCLUDE ANNUAL DISTRIBUTION TO ALL PARENTS AND GUARDIANS
OF AN INFORMATION CARD SPECIFYING
THE NAMES AND BUSINESS ADDRESSES AND TELEPHONE NUMBERS OF THE OMBUDSPERSONS
APPOINTED UNDER SECTION 3311.72 OF THE REVISED
CODE AND OTHER EMPLOYEES OF THE DISTRICT BOARD
OF EDUCATION WHO MAY SERVE AS INFORMATION RESOURCES FOR PARENTS AND
GUARDIANS.
Sec. 3311.75. (A) A BOARD OF EDUCATION APPOINTED BY THE MAYOR
PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE
REVISED CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE
FUNDS OR PROPERTY OF ANY MUNICIPAL CORPORATION. THE BUDGETS OF THE MUNICIPAL
SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE ESTIMATED,
PLANNED, AND FINANCED SEPARATELY. AT NO TIME SHALL ANY FUNDS OF
THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE COMMINGLED
IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND ACCOUNTS SHALL
BE MAINTAINED AND ACCOUNTED FOR TOTALLY INDEPENDENTLY OF ANY
FUNDS AND ACCOUNTS OF THE MUNICIPAL CORPORATION.
(B) THE BOARD OF A MUNICIPAL SCHOOL DISTRICT SHALL
ADOPT AND FOLLOW PROCEDURES FOR THE AWARD OF ALL CONTRACTS FOR SUPPLIES OR
SERVICES INVOLVING THE EXPENDITURE OF FIFTY THOUSAND DOLLARS OR MORE IN ANY
ONE
FISCAL YEAR AFTER A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS. THIS
DIVISION IS SUPPLEMENTAL TO SECTION 3313.46 OF THE
REVISED CODE.
THIS DIVISION DOES NOT APPLY TO CONTRACTS OF EMPLOYMENT OR TO CONTRACTS FOR
PROFESSIONAL SERVICES;
TO CONTRACTS FOR THE SECURITY AND PROTECTION OF SCHOOL
PROPERTY; IN CASES OF URGENT NECESSITY AS DETERMINED BY TWO-THIRDS VOTE OF THE
BOARD; OR IN ANY OF THE SITUATIONS DESCRIBED IN DIVISION
(B) OF SECTION 3313.46 OF THE
REVISED CODE
TO WHICH THE BID PROCESS OF DIVISION (A) OF
THAT SECTION DOES NOT APPLY.
Sec. 3311.76. (A) NOTWITHSTANDING CHAPTERS 3302. AND
3317. of the Revised Code, UPON WRITTEN REQUEST OF THE DISTRICT CHIEF EXECUTIVE OFFICER THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL
DISTRICT FROM ANY RULES ADOPTED UNDER TITLE XXXIII of the Revised Code
EXCEPT FOR ANY RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS
3319.07 TO 3319.21, OR CHAPTER 3323. of the Revised Code, AND MAY AUTHORIZE A
MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE DISTRICT UNDER
CHAPTER 3317. of the Revised Code, EXCEPT THOSE SPECIFICALLY ALLOCATED TO PURPOSES
OTHER THAN CURRENT EXPENSES, TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S
PUBLIC OBLIGATIONS. THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH THE
DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED AND THE REASONS FOR
THE REQUEST. THE STATE SUPERINTENDENT SHALL APPROVE THE REQUEST IF THE
SUPERINTENDENT FINDS THE REQUESTED EXEMPTION OR APPLICATION IS IN THE BEST
INTEREST OF THE DISTRICT'S STUDENTS. THE SUPERINTENDENT SHALL APPROVE OR
DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE DISTRICT BOARD
AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF APPROVAL OR REASONS FOR
DISAPPROVING THE REQUEST.
(B) IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED
UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF EDUCATION IN SECTIONS
3311.71 TO 3311.76 of the Revised Code, A
MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE RIGHTS,
AUTHORITY, AND DUTIES
CONFERRED UPON A CITY SCHOOL DISTRICT AND ITS BOARD BY LAW THAT ARE NOT
INCONSISTENT WITH
SECTIONS 3311.71 TO 3311.76 of the Revised Code.
Sec. 3311.77. (A) WITHIN SIXTY DAYS OF THE INITIAL
CONVENING OF THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL AS REQUIRED BY
DIVISION (C) OF SECTION 3311.71 OF THE
REVISED CODE,
THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ESTABLISH THE COMMUNITY
OVERSIGHT COMMITTEE TO REVIEW AND EVALUATE THE MAYORAL APPOINTMENT SCHOOL
GOVERNANCE PLAN FOR ANY MUNICIPAL SCHOOL DISTRICT AS REQUIRED BY SECTIONS
3311.71 TO 3311.76 OF THE REVISED CODE. WITHIN ONE YEAR OF
ITS APPOINTMENT, AND EACH YEAR THEREAFTER, THE COMMITTEE,
AFTER CONSULTING
WITH THE BOARD OF EDUCATION APPOINTED UNDER SECTION 3311.71 OF
THE REVISED CODE, SHALL SUBMIT A WRITTEN
REPORT TO THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE
PRESIDENT
AND MINORITY LEADER OF THE SENATE, AND THE CHAIRPERSONS AND
RANKING MINORITY MEMBERS OF THE STANDING
COMMITTEE OF EACH HOUSE OF THE GENERAL ASSEMBLY HAVING PRIMARY JURISDICTION
OVER ELEMENTARY AND SECONDARY EDUCATION LEGISLATION. THE REPORT SHALL ADDRESS
THE FINANCIAL, OPERATIONAL, ACADEMIC, COMMUNITY, AND OTHER ISSUES INVOLVING
THE SCHOOL DISTRICT AS A RESULT OF THE IMPLEMENTATION
OF THE MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN, AS WELL AS THE
GENERAL CONDITION OF THE SCHOOL DISTRICT, THE GOALS AND
ACCOUNTABILITY STANDARDS THE BOARD OF EDUCATION HAS ESTABLISHED
UNDER DIVISION (A) OF SECTION 3311.74 OF THE REVISED
CODE, AND HOW THE DISTRICT MEASURES ON EACH OF THOSE ACCOUNTABILITY
STANDARDS. MEMBERS OF THE BOARD OF
EDUCATION AND THE COMMUNITY OVERSIGHT
COMMITTEE SHALL TESTIFY BEFORE THE EDUCATION COMMITTEE OF EITHER HOUSE
OF THE GENERAL ASSEMBLY CONCERNING THE COMMITTEE'S REPORT IF SO REQUESTED TO
DO SO BY THE CHAIRPERSON OF EITHER EDUCATION COMMITTEE.
(B) MEMBERS OF THE COMMUNITY OVERSIGHT COMMITTEE SHALL BE
APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO SHALL ALSO
DESIGNATE ONE MEMBER OF THE COMMITTEE AS THE CHAIRPERSON. THE MEMBERS SHALL
BE APPOINTED TO
FOUR-YEAR TERMS, EACH TERM BEGINNING ON THE FIRST DAY OF
JANUARY. THE CHIEF EXECUTIVE OFFICER OF THE
MUNICIPAL SCHOOL DISTRICT, APPOINTED IN ACCORDANCE WITH SECTION 3311.72 OF THE
REVISED CODE,
SHALL SERVE AS A NONVOTING MEMBER OF THE COMMITTEE. NO INDIVIDUAL SHALL BE
APPOINTED TO THE COMMITTEE UNLESS THE INDIVIDUAL RESIDES IN AND IS A PARENT OR
GUARDIAN OF A CHILD ATTENDING A PUBLIC SCHOOL IN THE MUNICIPAL SCHOOL
DISTRICT.
AN INDIVIDUAL CAN BE APPOINTED TO SERVE MULTIPLE TERMS.
(C) MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT
COMPENSATION AND SHALL BE SUBJECT TO REMOVAL BY THE STATE SUPERINTENDENT FOR
CAUSE.
(D) THE COMMITTEE SHALL END AT SUCH TIME AS THE
MAYORAL APPOINTMENT GOVERNANCE PLAN, AS REQUIRED BY SECTIONS 3311.71 TO
3311.76
OF THE REVISED CODE, IS DISCONTINUED WITHIN THE MUNICIPAL
SCHOOL DISTRICT BY ANY MEANS OF LAW OR COURT ORDER.
Sec. 3313.02. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3313.03 to 3313.09 of the Revised Code
do not apply to a joint vocational or cooperative education
school district. THIS SECTION DOES NOT APPLY TO A MUNICIPAL SCHOOL
DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO DIVISION (B)
OR (F) OF SECTION 3311.71 of the Revised Code.
In city school districts containing, according to the last
federal census, a population of less than fifty thousand persons,
the board of education shall consist of not less than three nor
more than five members elected at large by the qualified electors
of such district.
In city school districts containing, according to the last
federal census, a population of fifty thousand or more, but less
than one hundred fifty thousand persons, the board shall consist
of not less than two nor more than seven members elected at large
and not more than two members elected from subdistricts by the
qualified electors of their respective subdistricts.
In city school districts containing, according to the last
federal census, a population of one hundred fifty thousand
persons or more, the board shall consist of not less than five
nor more than seven members elected at large by the qualified
electors of such district.
Sec. 3313.04. If THIS SECTION AND SECTIONS 3313.05 TO 3313.08 of the Revised Code
DO NOT APPLY TO ANY MUNICIPAL SCHOOL DISTRICT UNTIL AFTER THE REFERENDUM
REQUIRED IN SUCH DISTRICT BY SECTION 3311.73 of the Revised Code.
IF, at any time, a petition signed by ten
per cent of the electors in any city district is filed with the
treasurer of the board of education of such district asking that
the question, "what shall be the number of members and what shall
be the organization of the board of education of such district,"
be submitted to the electors thereof, such board of education
shall within thirty days after the filing of such petition
provide by resolution for submitting such question to the
electors of such district. Such question shall not be submitted
to a referendum vote more than once in any period of four years
and the percentage of electors required to sign such petition
shall be based upon the total vote cast at the most
recent
regular municipal election.
Said resolution shall require that such question be
submitted at the next regular municipal election and shall also
provide for the appointment of a commission to frame two or more
plans of organization for submission. Except as otherwise
provided in this section, the commission shall consist of seven
members, three of whom shall be appointed by the president of the
board of education of such district, two by the mayor of the city
in which such district is located, and two by the president of
the board of sinking fund trustees of such city. If a city does
not have a board of sinking fund trustees, the city treasurer or
the officer who exercises the functions of a treasurer shall
appoint two members.
When a school district has territory in more than one city,
the commission shall consist of three members appointed by the
president of the board of education, one member appointed by the
mayor of each city in which the district has territory, and one
member appointed by the president of the board of sinking fund
trustees of each such city. If any city does not have a board of
sinking fund trustees, that city's treasurer or the officer who
exercises the functions of a treasurer shall appoint one member.
A certified copy of said resolution shall immediately after
its passage be transmitted to the mayor and president of the
board of sinking fund trustees of the city or cities in which the
district has territory, and such commission shall be appointed
and shall organize within sixty days after the passage of said
resolution.
Sec. 3313.11. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative education school district.
A vacancy in any board of education may be caused by death,
nonresidence, resignation, removal from office, failure of a
person elected or appointed to qualify within ten days after the
organization of the board or of his appointment or election,
removal from the district, or absence from meetings of the board
for a period of ninety days, if such absence is caused by reasons
declared insufficient by a two-thirds vote of the remaining
members of the board, which vote must be taken and entered upon
the records of the board not less than thirty days after such
absence. Any
IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT TO DIVISION
(B) OR (F) OF SECTION 3311.71 of the Revised Code, THE APPOINTING AUTHORITY
RESPONSIBLE FOR THE APPOINTMENT SHALL FILL ANY SUCH VACANCY BY APPOINTMENT OF
AN INDIVIDUAL TO SERVE THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT
LEAST THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL
ESTABLISHED UNDER THAT SECTION.
IF THE MEMBER CREATING THE VACANCY
RESIDES IN A MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL
CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S TERRITORY, THE
INDIVIDUALS INCLUDED ON SUCH SLATE SHALL
ALSO RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE
MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S
TERRITORY.
IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD SHALL FILL ANY
such vacancy shall be filled by the board at its next regular or
special meeting, not earlier than ten days after such vacancy occurs. A
majority vote of all the remaining
members of the board may fill any such vacancy. Immediately
after such a vote, the treasurer of the board of education shall
give written notice to the board of elections responsible for
conducting elections for that school district that a vacancy has
been filled, and the name of the person appointed to fill the
vacancy. Each person selected by the board or probate court to
fill a vacancy shall hold office for the shorter of the following
periods: until the completion of the unexpired term, or until
the first day of January immediately following the next regular
board of education election taking place more than ninety days
after a person is selected by the board or probate court to fill
the vacancy. At that election, a special election to fill the
vacancy shall be held in accordance with laws controlling regular
elections for board of education members, except that no such
special election shall be held if the unexpired term ends on or
before the first day of January immediately following that
regular board of education election. The term of a person chosen
at a special election under this section shall begin on the first
day of January immediately following the election, and he THE
PERSON shall serve for the remainder of the unexpired term. Whenever the
need for a special election under this section becomes known, the
board of education shall immediately give written notice of this
fact to the board of elections responsible for conducting the
regular board of education election for that school district.
The term of a board of education member shall not be
lengthened by his THE MEMBER'S resignation and subsequent
selection by the board or probate court under this section.
Sec. 3313.70. No member of the board of education in any district shall be
eligible to the appointment of school physician, school dentist, or school
nurse during the period for which he THE MEMBER is elected OR
APPOINTED.
Sec. 3315.15. Any city, local, or exempted village board of education
may by resolution set aside each year from the
general fund a sum not to exceed two dollars for each child
enrolled in the district, or twenty thousand dollars, whichever
is greater. Any educational service center governing board
may by resolution set
aside each year from the educational service center fund a sum not
to exceed twenty thousand dollars. The amount set aside shall be
placed in a fund known as the "service fund," which shall be used
only in paying the expenses of members of such boards of
education and educational service center governing boards actually incurred in
the performance of their duties, or in paying the expenses of
members-elect MEMBERS-TO-BE of such boards actually incurred in
training and orientation to the performance of their duties from the date of
election OR APPOINTMENT to the date of administration of the oath of
office. Such payments shall be
made only in such amount as may be approved by the board on statement of the
several members or members-elect MEMBERS-TO-BE furnished at the
next succeeding regular meeting of such board. No board shall appropriate or
expend a sum greater than sixty thousand dollars in any one school year from
such service fund.
Sec. 3329.08. At any regular meeting, the board of education of each local
school district, from lists adopted by the educational
service center governing board, and the board of education of each city and
exempted village school district shall determine by a majority vote of all
members elected OR APPOINTED UNDER DIVISION (B) OR (F) OF
SECTION 3311.71 of the Revised Code which of such textbooks so
filed shall be used in the schools under its control. No textbooks shall be
changed, nor any part thereof altered or revised, nor any other textbook
substituted therefor, within four years after the date of selection and
adoption thereof, as shown by the official records of such boards, except by
the consent, at a regular meeting, of four-fifths of all members elected
thereto. Books so substituted shall be adopted for the full term of four
years.
Section 2. That existing sections 102.02, 3313.02, 3313.04, 3313.11, 3313.70,
3315.15, and 3329.08 of the Revised Code are hereby repealed.
Section 3. The Cleveland City School District shall base the
goals and accountability standards required by division (A) of
section 3311.74 of the Revised Code on the October 1996 working
draft "A Commitment to Action: 1996-1997 Strategic Plan and
School-Community Covenant."
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