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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 238 |
REPRESENTATIVES WOMERBENJAMIN-GARDNER-CALLENDER-WINKLER-
HARRIS-BENDER-BRADING-CORBIN-AUSTRIA-VERICH-BARRETT-TAYLOR-
GRENDELL-PETERSON-MOTTLEY-MEAD-BRITTON-HARTNETT-PERZ-HAINES
A BILL
To amend section 3319.02 of the Revised Code to authorize school districts and
educational service centers to employ under administrative contracts
individuals licensed as pupil services employees or administrative specialists
or their equivalent who are not school counselors and spend less than fifty
per cent of their time teaching or working with students and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3319.02 of the Revised Code be amended to read as
follows:
Sec. 3319.02. (A)(1) As used in this section, "other
administrator" means EITHER OF THE FOLLOWING:
(a) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS
SECTION, any employee in a position for which a board
of education requires a license designated BY RULE OF THE DEPARTMENT OF
EDUCATION 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, INCLUDING A PROFESSIONAL PUPIL SERVICES
EMPLOYEE OR ADMINISTRATIVE SPECIALIST OR AN EQUIVALENT OF EITHER ONE WHO IS
NOT EMPLOYED AS A SCHOOL COUNSELOR AND SPENDS LESS THAN FIFTY PER CENT OF THE
TIME EMPLOYED TEACHING OR WORKING WITH STUDENTS;
(b) 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.
(2) AS USED IN THIS SECTION, "OTHER ADMINISTRATOR" DOES NOT
INCLUDE A SUPERINTENDENT, ASSISTANT SUPERINTENDENT, PRINCIPAL, OR ASSISTANT
PRINCIPAL.
(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 teachers allocated to the service
center pursuant to section 3317.11 or 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 section 3319.02 of the Revised Code is 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 reason for this necessity is that
the administrative contracts of some school psychologists are
about to expire, and an immediate effective date for this act will
permit school districts to renew their administrative contracts
and retain them, as well as recruit new psychologists. Therefore,
this act shall go into immediate effect.
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