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.
|
***
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
***
|
(123rd General Assembly)(Substitute House Bill Number 238)
AN ACT
To amend sections 3313.64 and 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, to enable a
child whose parent is an employee of an educational service center
to be admitted to a school in the district where the parent's job
is primarily located, and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3313.64 and 3319.02 of the Revised Code be amended to
read as
follows:
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code: (1) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a
child is in the legal custody of a government agency or a person
other than the child's natural or adoptive parent, "parent" means
the parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of parental
rights and responsibilities for the care of the child and the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights, privileges, and
responsibilities. (2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code. (3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services. (4) Except as used in division (C)(2) of this section,
"home" means a home, institution, family foster home, group home,
or other residential facility in this state that receives and
cares for children, to which any of the following applies: (a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services. (b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose. (c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state. (d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code. (5) "Agency" means all of the following: (a) A public children services agency; (b) An organization that holds a certificate issued by the
Ohio department of human services in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption; (c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code. (6) A child is placed for adoption if either of the
following occurs: (a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.06 of the Revised Code for the care and
adoption of the child. (b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child. (7) "Handicapped preschool child" means a handicapped
child, as defined by division (A) of section 3323.01 of the
Revised Code, who is at least three years of age but is not of
compulsory school age, as defined in section 3321.01 of the
Revised Code, and who has not entered kindergarten. (8) "Child," unless otherwise indicated, includes
handicapped preschool children. (B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division. (1) A child shall be admitted to the schools of the school
district in which the child's parent resides. (2) A child who does not reside in the district where
the child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following applies: (a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or adoptive
parent. (b) The child resides in a home. (c) The child requires special education. (3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be admitted
to the
schools of the district where the child resides unless either of
the following applies: (a) The placement for adoption has been terminated. (b) Another school district is required to admit the child
under division (B)(1) of this section. Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside of the district or its schools in compliance with Chapter
3323. of the Revised Code. (C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows: (1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of the Revised Code regardless of who has custody of the child or
whether the child resides in a home. (2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of a government agency or person other than the child's parent,
tuition shall be paid by: (a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or (b) If the parent's residence at the time the court
removed the child from home or placed the child in the
legal or permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in
legal or permanent custody, whichever occurred first; or (c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency. (d) If at the time the court removed the child from
home or vested legal or permanent custody of the child in the
person or government agency, whichever occurred first, one parent
was in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in such
facility or placement. (3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's
parent and the child
resides in a home, tuition shall be paid by one of the following: (a) The school district in which the child's parent
resides; (b) If the child's parent is not a resident of this state,
the home in which the child resides. (D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent preparing
and presenting the case, shall be deposited in the county or city
general fund. (E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child. (F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section: (1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside. (2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence. (3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention. The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require. (4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides stating all of the following: (a) That the parent is serving outside of the state in the
armed services of the United States; (b) That the parent intends to reside in the district upon
returning to this state; (c) The name and address of the person with whom the child
is living while the parent is outside the state. (5) Any child under the age of twenty-two years who, after the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board. (6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following: (a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion; (b) A statement from the builder confirming that a new
house is being built for the parent and that the house is at the
location indicated in the parent's statement. (7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there; (b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement. The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports. (8) A child whose parent is a full-time employee of a
city, local, or exempted village school district, or of an
educational service center, may be admitted
to the schools of the district where the child's parent is
employed, or in the case of a child whose parent is employed by an
educational service center, in the district that serves the location where
the parent's job is primarily located,
provided the district board of education establishes such an admission
policy by resolution adopted by a majority of its members. Any
such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be
prior to the first day of the subsequent school year. The policy
shall be uniformly applied to all such children and shall provide
for the admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of
classes of any school year. (9) A child who is with the child's parent under the care
of a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with his the child's parent,
and no
other school
district shall be required to pay tuition for the child's
attendance in
that school district. The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division. (10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also adopt a policy specifying extenuating circumstances under
which a student may continue to attend school under division
(F)(10) of this section for an additional period of time in order
to successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code. (11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of
twenty-two years who is in the custody of the child's
parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for such attendance,
describing the nature of this good cause, and consenting to such
attendance. In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712 and 3313.713 of the Revised Code. Upon
request, the grandparent shall complete any consent form required
by the district. A school district shall not incur any liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent. Division (F)(11) of this section does not
create, and shall not be construed
as creating, a new cause of action or substantive legal right
against a school district, a member of a board of education, or
an employee of a school district. This section does not affect,
and shall not be construed as affecting, any immunities from
defenses to tort liability created or recognized by Chapter 2744.
of the Revised Code for a school district, member, or employee. (12) A child under the age of twenty-two years is
entitled to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B), (C),
or (E) of this section
provided that, prior to such attendance in any school year, both of the
following occur: (a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this section contacts the superintendent of another district for purposes
of
this division; (b) The superintendents of both districts enter into
a written agreement that consents to the attendance and specifies that the
purpose of such attendance is to
protect the student's physical or mental well-being or to deal with other
extenuating circumstances deemed appropriate by the superintendents. While an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised Code and
notwithstanding Chapter 3327. of the Revised Code,
the board of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the school
where the student attends. A student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is attending on the
same basis as any student who has always attended the schools of that district
while of compulsory school age. (G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following: (1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students; (2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization. (H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section. (I) This division does not apply to a child receiving
special education. A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3) of
this section or section 3313.65 of the Revised Code shall have an
amount credited under division (F) of section 3317.023 of
the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to pay tuition, the department of education shall pay the
district of attendance the difference from amounts deducted from
all districts' payments under division (F) of section
3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section
or section 3313.65 of the Revised Code during the preceding six
calendar months, the duration of the attendance of those
children, the school district responsible for tuition on behalf
of the child, and any other information that the superintendent
requires. Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state. (J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides. (K) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the superintendent of
public instruction pursuant to sections 3301.121 and 3313.662 of
the Revised Code. 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 sections 3313.64 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 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.
|