The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 56 |
REPRESENTATIVES CALLENDER-GARDNER-PRENTISS-HARRIS-JONES-WHALEN-
METZGER-BATEMAN-
SENATORS J. JOHNSON-GARDNER
A BILL
To amend sections 3316.06 and 3319.02 of the Revised Code to permit a school
board to enter
into administrative contracts with
nonlicensed employees who are considered to
be supervisory or management level employees
for purposes of collective
bargaining, to permit a school district
that has been declared to be in a state of fiscal emergency to issue,
following approval of the district voters of a new operating levy and approval
of such school district's financial planning and supervision commission,
securities not to exceed ten years for the purpose of restructuring or
refinancing its outstanding debt obligations, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3316.06 and 3319.02 of the Revised Code be amended to
read as
follows:
Sec. 3316.06. (A) Within sixty days after the
first meeting of a school district financial planning and supervision
commission, the commission shall adopt a financial recovery plan regarding the
school district for which the commission was created. During the formulation
of the plan, the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain the following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared
to exist pursuant to division (B) of section 3316.03 of the Revised Code;
(b) Satisfy any judgments, past due accounts payable, and
all past due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds;
(d) Restore to special funds any moneys from such funds that were
used for purposes not within the
purposes of such funds, or borrowed from such funds
by the purchase of debt obligations of the school district with the
moneys of such funds, or missing from the special funds and not accounted for,
if any;
(e) Balance the budget, avoid future deficits in any
funds, and maintain on a current basis payments of payroll, fringe benefits,
and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally.
(2) The management structure that will enable the school district to
take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and management control
that the commission will exercise within the school district during the period
of fiscal emergency, and shall enumerate respectively, the powers and duties
of the commission and the powers and duties of the school board during that
period. The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers related to
personnel, curriculum, and legal issues in order to successfully implement the
actions described in division (A)(1) of this section.
(3) The target dates for the commencement, progress
upon, and completion of the actions enumerated in
division (A)(1) of this section and a reasonable period of time
expected to be required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and
achievement of the requirements for the plan, and the
plan shall be consistent with that time schedule.
(4) The amount and purpose of any issue of debt
obligations that will be issued, together with assurances that
any such debt obligations that will be issued will not exceed
debt limits supported by appropriate certifications by the fiscal
officer of the school district and the county auditor. DEBT OBLIGATIONS
ISSUED PURSUANT TO SECTION 133.301 of the Revised Code SHALL INCLUDE
ASSURANCES THAT SUCH DEBT SHALL BE IN AN AMOUNT NOT TO EXCEED THE AMOUNT
CERTIFIED UNDER DIVISION (B) OF SUCH SECTION. If the
commission
considers it
necessary in order to maintain or improve educational opportunities of pupils
in the school district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board UNDER SECTION
3313.483 of the Revised Code contingent upon
the approval, during the period of the fiscal emergency, by district voters of
a tax levied under section 718.09, 718.10, 5705.194, 5705.21, or 5748.02 of
the Revised Code, THAT IS NOT A RENEWAL OR REPLACEMENT LEVY AND THAT
WILL PROVIDE NEW OPERATING REVENUE. Notwithstanding any provision of
Chapter 133.
or sections 3313.483 through 3313.4811 of the Revised Code, FOLLOWING THE
REQUIRED APPROVAL OF THE DISTRICT VOTERS AND WITH THE APPROVAL OF THE
COMMISSION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO EVIDENCE the
restructuring or refinancing. THOSE SECURITIES may extend the
original period for repayment, NOT TO EXCEED TEN YEARS, and
may alter
the frequency and amount of repayments, interest or other
financing charges, and other terms of agreements under which the debt
originally was contracted, at the discretion of the commission, provided that
any loans received pursuant to section 3313.483 of the Revised Code shall be
paid from funds the district would otherwise receive under sections 3317.022
to 3317.025 of the Revised Code, as required under division (E)(3) of section
3313.483 of the Revised Code. THE SECURITIES ISSUED FOR THE PURPOSE OF
RESTRUCTURING OR REFINANCING THE DEBT SHALL BE REPAID IN EQUAL PAYMENTS AND AT
EQUAL INTERVALS OVER THE TERM OF THE DEBT AND ARE NOT ELIGIBLE TO BE INCLUDED
IN ANY SUBSEQUENT PROPOSAL FOR THE PURPOSE OF RESTRUCTURING OR REFINANCING
DEBT UNDER THIS SECTION.
(B) Any financial recovery plan may be amended subsequent to its
adoption. EACH FINANCIAL RECOVERY PLAN SHALL BE UPDATED ANNUALLY.
Sec. 3319.02. (A) As used in this section, "other
administrator" means any employee in a position for which a board
of education requires a license designated for being an
administrator, other than a superintendent, assistant superintendent,
principal, or assistant principal, issued under section 3319.22 of the
Revised Code OR ANY NONLICENSED EMPLOYEE WHOSE JOB DUTIES ENABLE SUCH
EMPLOYEE TO BE CONSIDERED AS EITHER A "SUPERVISOR" OR A "MANAGEMENT LEVEL
EMPLOYEE," AS DEFINED IN SECTION 4117.01 of the Revised Code.
(B) The board of education of each school district and the governing board
of an educational service center may
appoint one or more assistant superintendents and such other
administrators as are necessary. An assistant educational
service center superintendent or service center
supervisor employed on a part-time basis
may also be employed by a local board as a teacher. The board of
each city, exempted village, and local school district shall
employ principals for all high schools and for such other schools
as the board designates, and those boards may appoint assistant
principals for any school that they designate.
(C) In educational service centers and in city and
exempted village school districts,
assistant superintendents, principals, assistant principals, and
other administrators shall only be employed or reemployed in
accordance with nominations of the superintendent except that a city
or exempted village board of education or the governing board of a
service center, by a three-fourths vote, may reemploy any
assistant superintendent, principal, assistant principal, or
other administrator whom the superintendent refuses to nominate
after considering two nominees for the position. In local school
districts, assistant superintendents, principals, assistant
principals, and other administrators shall only be employed or
reemployed in accordance with nominations of the superintendent
of the service center of which the local district is
a part except that a local board of education, by a majority
vote, may reemploy any assistant superintendent, principal,
assistant principal, or other administrator whom such
superintendent refuses to nominate after considering two nominees
for the position.
The board of education or governing board shall execute a written
contract of
employment with each assistant superintendent, principal,
assistant principal, and other administrator it employs or
reemploys. The term of such contract shall not exceed three
years except that in the case of a person who has been employed
as an assistant superintendent, principal,
assistant principal, or other administrator in the district or center
for three years or more, the term of the contract shall be for not more than
five years and, unless the superintendent of the district recommends
otherwise, not less than two years. If the superintendent so
recommends, the term of the contract of a person who has been
employed by the district or service center as an
assistant superintendent,
principal, assistant principal, or other administrator for three
years or more may be one year, but all subsequent contracts
granted such person shall be for a term of not less than two
years and not more than five years. When a teacher with
continuing service status becomes an assistant superintendent,
principal, assistant principal, or other administrator with the
district or service center with which the teacher holds
continuing service status, the teacher
retains such status in the teacher's nonadministrative
position as provided
in sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an assistant
superintendent, principal, assistant principal, or other
administrator at any regular or special meeting held during the
period beginning on the first day of January of the calendar year
immediately preceding the year of expiration of the employment
contract and ending on the last day of March of the year the
employment contract expires.
Except by mutual agreement of the parties thereto, no
assistant superintendent, principal, assistant principal, or
other administrator shall be transferred during the life of
a contract to a position of lesser responsibility. No contract may
be terminated or suspended by a board except
pursuant to section 3319.16 or 3319.17 of the Revised Code. The
salaries and compensation prescribed by such contracts shall not
be reduced by a board unless such reduction is a
part of a uniform plan affecting the entire district or center. The
contract shall specify the employee's administrative position and
duties, the salary and other compensation to be paid for
performance of duties, the number of days to be worked, the
number of days of vacation leave, if any, and any paid holidays
in the contractual year.
An assistant superintendent, principal, assistant
principal, or other administrator is, at the expiration of
the current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board,
unless such employee notifies the board in writing to the
contrary on or before the first day of June, or unless such
board, on or before the last day of March of the year in which
the contract of employment expires, either reemploys
such employee for a
succeeding term or gives written notice of its intention not
to reemploy the employee. The term of reemployment of a
person reemployed
under this paragraph shall be one year, except that if such
person has been employed by the school district or service center as an
assistant superintendent, principal, assistant principal, or other
administrator for three years or more, the term of reemployment
shall be two years.
(D) Each board shall adopt procedures for the
evaluation of all assistant superintendents, principals,
assistant principals, and other administrators and shall evaluate
such employees in accordance with those procedures. The
evaluation based upon such procedures shall be considered by the
board in deciding whether to renew the contract of employment of
an assistant superintendent, principal, assistant principal, or
other administrator. The evaluation shall measure each assistant
superintendent's, principal's, assistant principal's, and other
administrator's effectiveness in performing the duties included
in the job description and the evaluation procedures shall
provide for, but not be limited to, the following:
(1) Each assistant superintendent, principal, assistant
principal, and other administrator shall be evaluated annually
through a written evaluation process.
(2) The evaluation shall be conducted by the
superintendent or designee.
(3) In order to provide time to show progress in
correcting the deficiencies identified in the evaluation process
the completed evaluation shall be received by the
employee at least sixty days prior to any action by the board on
the employee's contract of employment.
Termination or suspension of an assistant superintendent,
principal, assistant principal, or other administrator's contract
shall be pursuant to section 3319.16 or 3319.17 of the Revised
Code.
The establishment of an evaluation procedure shall not
create an expectancy of continued employment. Nothing in this
section shall prevent a board from making the final
determination regarding the renewal of or failure to renew the
contract of any assistant superintendent, principal, assistant
principal, or other administrator.
Before taking action to renew or nonrenew the contract of
an assistant superintendent, principal, assistant principal, or
other administrator under this section and prior to the last day
of March of the year in which such employee's contract expires,
the board shall notify each such employee of the
date that the contract expires and that the employee may request a meeting
with the board. Upon request by such an employee, the board
shall grant the employee a meeting in executive session to
discuss the reasons for considering renewal or nonrenewal of
the contract.
(E) On nomination of the superintendent of a
service center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to
exceed five years each. Such contracts may be terminated by a
governing board pursuant to section 3319.16 of the
Revised Code. Any supervisor employed pursuant to this division
may terminate the contract of employment at the end of any
school year after giving the board at least thirty
days' written notice prior to such termination. On the
recommendation of the superintendent the
contract or contracts of any supervisor employed pursuant to this
division may be suspended for the remainder of the term of any
such contract if there is a reduction of the number of approved
supervisory teacher units allocated to the service
center pursuant to division (D) of section 3317.05 of the Revised Code,
or pursuant to section 3319.17 of the Revised Code.
(F) A board may establish vacation leave for
any individuals employed under this section. Upon such an
individual's separation from employment, a board that has such
leave may compensate such an individual at the individual's
current rate of
pay for all lawfully accrued and unused vacation leave credited at the
time of separation, not to exceed the amount
accrued within three years before the date of separation. In
case of the death of an individual employed under this section,
such unused vacation leave as the board would have paid to the
individual upon separation under this section shall be paid in
accordance with section 2113.04 of the Revised Code, or to
the estate.
Section 2. That existing sections 3316.06 and 3319.02 of the Revised Code are
hereby repealed.
Section 3. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reasons for such necessity are to help facilitate the financial recovery of
school districts declared to be in a state of fiscal emergency and to restore
essential contracting authority to
school districts in time for the next fiscal year. Therefore, this act shall
go into immediate effect.
|