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(123rd General Assembly)(Amended Substitute Senate Bill Number 77)
AN ACT
To amend sections 3314.10, 3316.07, 3319.02, 3319.14, 3319.18, and 5705.412
and to enact
section 3319.171
of the Revised Code to make certain changes concerning the termination,
suspension, and evaluation of certain administrative personnel of school
districts and educational service centers and to revise the requirements for
school district certificates of available resources.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3314.10, 3316.07, 3319.02, 3319.14, 3319.18, and
5705.412 be amended and section 3319.171 of the Revised Code be enacted to
read as
follows:
Sec. 3314.10. (A)(1) The governing authority of
any community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its
mission and fulfill its contract. (2) Except as provided under division (A)(3) of this section,
employees hired under this
section may organize and collectively bargain pursuant to
Chapter 4117. of the Revised Code. Notwithstanding
division (D)(1) of section 4117.06 of the Revised
Code, a unit containing teaching and nonteaching employees employed
under this section shall be considered an appropriate unit. As applicable,
employment under this section is subject to either Chapter 3307. or
3309. of the Revised Code. (3) If a school is created by converting all or part of an
existing public school rather than by establishment of a new start-up school,
at the time of
conversion, the employees of
the community school shall remain part of any collective bargaining unit in
which they were included immediately prior to the conversion and shall remain
subject to any collective bargaining agreement for that unit in effect on the
first day of July of the year in which the
community school initially begins operation and shall be subject to any
subsequent collective bargaining agreement for that unit, unless a petition is
certified as sufficient under division (A)(6)
of this section with regard to those employees. Any new employees of the
community school shall also be included in the unit to which they would have
been assigned had not the conversion taken place and shall be subject to the
collective bargaining agreement for that unit unless a petition is certified
as sufficient under division (A)(6) of this section with regard to those
employees. Notwithstanding division (B) of section 4117.01 of the Revised
Code, the board of education of a school
district and not the governing authority of a community school shall be
regarded, for purposes of Chapter 4117. of the Revised Code,
as the "public employer" of the employees of a conversion
community school subject to a
collective bargaining agreement pursuant to division
(A)(3) of this section unless a petition is certified under division (A)(6) of
this section with regard to those employees. Only on and after the effective
date of a petition certified as sufficient under division (A)(6) of this
section shall division (A)(2) of this section apply to those employees of that
community school and only on and after the effective date of
that petition shall Chapter 4117. of the Revised Code
apply to the governing authority of that community school with regard to those
employees. (4) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No. 133 of the
115th general assembly, the employees of a conversion community school
who are subject to a collective bargaining agreement pursuant to division
(A)(3) of this section shall cease to be
subject to that agreement and all subsequent agreements pursuant to that
division and shall cease to be part of the collective bargaining unit that is
subject to that and all subsequent agreements, if a majority of the employees
of that community school who are subject to that collective
bargaining agreement sign and submit to the state employment relations board a
petition
requesting all of the following: (a) That all the employees of the community school
who are subject to that agreement be removed from the bargaining unit that is
subject to that agreement and be designated by the state employment relations
board as a new and separate bargaining unit for purposes of
Chapter 4117. of the
Revised Code; (b) That the employee organization certified as the
exclusive representative of the employees of the bargaining unit from which
the employees are to be removed be certified as the exclusive representative
of
the new and separate bargaining unit for purposes of Chapter 4117. of the
Revised Code; (c) That the governing authority of the community
school be regarded as the "public employer" of these employees for purposes of
Chapter 4117. of the Revised Code. (5) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill
No. 133 of the 115th general assembly, the employees of a conversion
community school
who are subject to a collective bargaining agreement pursuant to division
(A)(3) of this section shall cease to be
subject to that agreement and all subsequent agreements pursuant to that
division, shall cease to be part of the collective bargaining unit that is
subject to that and all subsequent agreements, and shall cease to be
represented by any exclusive representative of that collective bargaining
unit, if a majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the state
employment relations board a petition requesting all of the following: (a) That all the employees of the community school
who are subject to that agreement be removed from the bargaining unit that is
subject to that agreement; (b) That any employee organization certified as the
exclusive representative of the employees of that bargaining unit be
decertified as the exclusive representative of the employees of the community
school who are subject to that agreement; (c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes of
Chapter 4117. of the Revised Code. (6) Upon receipt of a petition under division (A)(4) or (5) of this section,
the state employment relations board shall check the sufficiency of the
signatures on the
petition. If the signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved, including the
board of education, the governing authority of the community school, and any
exclusive representative of the bargaining unit. The changes requested in a
certified petition shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is certified under
division (A)(6) of this section. (B)(1) The board of education of each city, local, and exempted village
school district sponsoring a community school
and the governing board of each
educational service center in which a community school is located
shall adopt a policy that provides a leave of absence of at
least three years to each teacher or nonteaching employee of the district or
service center who is employed by a conversion or new start-up
community school sponsored by the district
or located in the district or center for the period during which the
teacher or employee is
continuously employed by the community school. The policy shall also provide
that any teacher or nonteaching employee may return to employment by the
district or service center if the teacher or employee leaves or is discharged
from employment with the community school for any reason,
unless, in the case of a teacher, the board of the district or service
center determines that the teacher was discharged for a reason for which the
board would have sought to discharge the teacher under section 3319.16 of the Revised Code,
in which case the board may proceed to discharge the teacher utilizing the
procedures of that section. Upon termination
of such a leave of absence, any seniority that is applicable to
the person shall be calculated to include all of the following: all
employment by the district or service center prior to the leave of absence;
all employment by the community school during the leave of
absence; and all employment by the district or service center after the leave
of absence. The policy shall also provide that
if any teacher holding valid certification returns to employment by the
district or service center upon
termination of such a leave of absence, the teacher shall be restored to
the previous position and salary or to a position and salary similar thereto.
If, as a result of teachers returning to employment upon
termination of such leaves of absence, a school district or educational
service center reduces the number of teachers it employs, it shall make such
reductions in accordance with section 3319.17 or, if applicable,
3319.171 of the Revised Code. Unless a collective bargaining agreement providing otherwise is in effect for
an employee of a conversion community school pursuant to division
(A)(3) of this section, an employee on a leave of absence pursuant to this
division shall remain eligible for any
benefits that are in addition to benefits under Chapter 3307. or
3309. of the Revised Code provided by the district or service center to its
employees provided the employee pays the entire cost associated
with such benefits, except that personal leave and vacation leave
cannot be accrued for use as an employee of a school district or service
center while in the employ of a community school unless the district or
service center board adopts a policy expressly permitting this accrual. (2) While on a leave of absence pursuant to division (B)(1) of this section,
a conversion community school shall permit a teacher to use sick leave
accrued while in the employ of the school district from which the leave of
absence was taken and prior to commencing such leave. If a teacher who is on
such a leave of absence uses sick leave so accrued, the cost of any salary
paid by the
community school to the teacher for that time shall be reported to the
department of education. The cost of employing a substitute teacher for that
time shall be paid by the community school. The department of education shall
add amounts to the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community school as paid
to a teacher using sick leave so accrued pursuant to this section. The
department shall subtract the amounts of any
payments made to community schools under this division from payments made to
such sponsoring school district under Chapter 3317. of the Revised Code. A school district providing a leave of absence and employee benefits to a
person pursuant to this division is not liable for any action of that person
while the person is on such leave and employed by a community school. Sec. 3316.07. (A) A school district financial planning and
supervision commission has the following powers, duties, and functions: (1) To review or to assume responsibility for the development of all tax
budgets, tax levy and bond
and note resolutions, appropriation measures, and certificates of estimated
resources of the school district in order to ensure
that such are consistent with the financial recovery plan and a balanced
appropriation budget for the current fiscal year, and to request and review
any supporting information upon which the financial recovery plan and balanced
appropriation budget may be developed and based, and to
determine whether revenue estimates and estimates of expenditures
and appropriations will result in a balanced budget; (2) To inspect and secure copies of any document,
resolution, or instrument pertaining to the effective
financial accounting and reporting system, debt obligations, debt
limits, financial recovery plan, balanced appropriation budgets,
appropriation measures, report of audit, statement or invoice, or
other worksheet or record of the school district; (3) To inspect and secure copies of any document,
instrument, certification, records of proceedings, or other
worksheet or records of the county budget commission,
county auditor, or other official or employee of the school district or of any
other political subdivision or agency of government of the state; (4) To review, revise, and approve determinations and
certifications affecting the school district made by the county
budget commission or county auditor pursuant to Chapter 5705. of the Revised
Code to ensure that such determinations and certifications are consistent with
the laws of the state; (5) To bring civil actions, including mandamus, to enforce
this chapter; (6) After consultation with the officials of the school district and
the auditor of state, to implement or require implementation of any
necessary or appropriate steps
to bring the books of account, accounting systems, and financial
procedures and reports of the school district into compliance with
requirements prescribed by the auditor of state, and to assume responsibility
for achieving such compliance and for making any desirable modifications and
supplementary systems and procedures pertinent to the school district; (7) To assist or provide assistance to the school district or to assume
the total responsibility for the structuring or the terms of, and the
placement for sale of, debt obligations of the school district; (8) To perform all other powers, duties, and functions as
provided under this chapter; (9) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
exercise of its powers under this chapter; (10) To consult with officials of the school district and
make recommendations or assume the responsibility for implementing cost
reductions and revenue increases to achieve balanced budgets and carry out the
financial recovery plan in accordance with this chapter; (11) To make reductions in force to bring the school district's budget
into balance, notwithstanding section 3319.081 and divisions (A) and
(B) of section 3319.17 of the Revised Code, notwithstanding any provision
of a policy adopted under section 3319.171 of the Revised Code, and
notwithstanding any provision to the
contrary in section 4117.08 or 4117.10 of the Revised Code or in any
collective bargaining
agreement entered into on or after the effective date of this section
November 21, 1997. In making reductions in force, the commission shall first consider
reasonable reductions among the administrative and non-teaching employees of
the school district giving due regard to ensuring the district's ability to
maintain the personnel, programs, and services essential to the provision of
an adequate educational program. In making these reductions in non-teaching employees in districts where
Chapter 124. of the Revised Code
controls such reductions, the reductions shall be made in accordance with
sections 124.321 to 124.327 of the Revised
Code. In making these reductions in
non-teaching employees in districts where
Chapter 124. of the
Revised Code
does not control these reductions, within each category of non-teaching
employees, the commission shall give preference to those employees with
continuing contracts or non-probationary status and who have greater
seniority. If revenues and expenditures cannot be balanced by reasonable reductions
in administrative and non-teaching employees, the commission may also make
reasonable reductions in the number of teaching contracts. If the commission
finds it necessary to suspend teaching contracts, it shall suspend them in
accordance with division (C) of section
3319.17 of the Revised
Code but shall consider a reduction in
non-classroom teachers before classroom teachers. (B) During the fiscal emergency period, the commission
shall, in addition to other powers: (1) With respect to the appropriation measure in effect at
the commencement of the fiscal emergency period of the
school district if that
period commenced more than three months
prior to the end of the current fiscal year, and otherwise with
respect to the appropriation measure for the next fiscal year: (a) Review and determine the adequacy of all revenues to
meet all expenditures for such fiscal year; (b) Review and determine the extent of any deficiency of
revenues to meet such expenditures; (c) Require the school district board or superintendent to
provide justification
documents to substantiate, to the extent and in the manner
considered necessary, any item of revenue or appropriation; (d) Not later than sixty days after taking office or after
receiving the appropriation measure for the next fiscal year,
issue a public report regarding its review pursuant to division
(B)(1) of this section. (2) Require the school district board, by resolution, to establish monthly
levels of expenditures and encumbrances
consistent with the financial recovery plan and the commission's review
pursuant to divisions (B)(1)(a) and (b) of this section, or
establish such
levels itself. If the commission permits the district board to make
expenditures, the commission shall monitor the monthly levels of expenditures
and encumbrances and require justification documents to substantiate any
departure from any approved level. No district board shall make any
expenditure apart from the approved level without the written approval of the
commission. (C) In making any determination pursuant to division (B)
of this section, the commission may
rely on any information considered in its judgment reliable or
material and shall not be restricted by any tax budget or
certificate or any other document the school district may have
adopted or received from any other governmental agency. (D) County, state, and school district officers or
employees shall assist the commission
diligently and promptly in the prosecution of its duties,
including the furnishing of any materials, including justification documents,
required. (E) Annually on or before the first day of April during
the fiscal emergency period, the commission shall make reports
and recommendations to the speaker of the house of
representatives and the president of the senate concerning
progress of the school district to eliminate fiscal emergency
conditions, failures of the school district to comply with this
chapter, and recommendations for further actions to attain the
objectives of this chapter, including any legislative action needed to make
provisions of law more effective for their purposes, or to
enhance revenue raising or financing capabilities of
school districts. The commission may make such interim reports as
it considers appropriate for such purposes and shall
make such additional reports as may be requested by either house
of the general assembly. 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 issued under section 3319.22 of the
Revised Code, 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 of its full membership, 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
three-fourths
vote of its full membership, 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. No
contract may be suspended except pursuant to section 3319.17 or 3319.171
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 as included in the job description adopted under division
(D) of this section, 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)(1) 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. (2) 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)(a) Each assistant superintendent, principal, assistant
principal, and other administrator shall be evaluated annually
through a written evaluation process.
(2)(b) The evaluation shall be conducted by the
superintendent or designee.
(3)(c) In order to provide time to show progress in
correcting the deficiencies identified in the evaluation
process,
the completed evaluation process shall be
received by completed as
follows:
(i) In any school year that the employee's contract of
employment is not due to expire, at least one evaluation shall be
completed in that year. A
written copy of the evaluation shall be provided to the
employee no later than the end of the employee's
contract year as defined by the employee's annual salary notice. (ii) in any school year that the employee's contract of
employment is due to expire, at least a preliminary evaluation and at least a
final evaluation shall be completed in that year.
A written copy of the
preliminary evaluation shall be
provided to the
employee at least sixty days prior to any action by the board on
the employee's contract of employment.
The final evaluation shall
indicate the superintendent's
intended recommendation to the board regarding a contract of employment for
the employee. A written copy of the evaluation
shall be provided to the employee at least five days prior to the
board's acting to renew or not renew the contract. (3) 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. Suspension of any such employee shall be pursuant to section 3319.17
or 3319.171 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.
(4) 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.
In that meeting, the board shall
discuss the its reasons for considering renewal or nonrenewal of
the contract.
the employee shall be permitted to have a representative,
chosen by the employee, present at the meeting. (5) The establishment of an evaluation procedure shall not create an
expectancy of continued employment. Nothing in division (D) of this
section shall prevent a
board from
making the final determination regarding the renewal or nonrenewal of
the contract of any assistant superintendent,
principal, assistant principal, or other administrator. However, if a
board fails to provide evaluations pursuant to division
(D)(2)(c)(i) or (ii) of this
section,
or if the
board fails to provide at the request of the employee a meeting
as prescribed in division (D)(4) of this section, the employee
automatically shall be reemployed at the same salary plus any
increments that may be authorized by the board for a period of
one year, except that if the employee has been
employed by the district or service center as an
assistant superintendent, principal, assistant principal, or
other administrator for three years or
more, the period of reemployment shall be for two years. (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 or
3319.171 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. Sec. 3319.14. Any teacher who has left, or leaves, a teaching position, by
resignation or otherwise, and within forty school days thereafter entered, or
enters, the uniformed services and whose service is terminated in a manner
other than as described in section 4304 of Title 38 of the United States Code,
"Uniformed Services Employment and Reemployment Rights Act of 1994," 108
Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by the board of education of
the district in which the teacher held such teaching position, under the same
type of contract as that which the teacher last held in such district, if the
teacher applies to the board of education for reemployment in accordance with
the "Uniformed Services Employment and Reemployment Rights Act of 1994," 108
Stat. 3149, 38 U.S.C.A. 4312. Upon such application, the teacher shall be
reemployed at the first of the next school semester, if the application is
made not less than thirty days prior to the first of the next school semester,
in which case the teacher shall be reemployed the first of the following
school semester, unless the board of education waives the requirement for the
thirty-day period. For the purposes of seniority and placement on the salary schedule, years of
absence performing service in the uniformed services shall be counted as
though teaching service had been performed during such time. The board of education of the district in which such teacher was employed and
is reemployed under this section may suspend the contract of the teacher whose
services become unnecessary by reason of the return of a teacher from service
in the uniformed services in accordance with section 3319.17
or 3319.171 of the Revised
Code. Sec. 3319.171. (A) Notwithstanding section
3319.17 of the Revised Code, the board of education of
a city, local, exempted village, or joint vocational school district or the
governing board of an educational
service center may adopt an administrative personnel suspension
policy governing the suspension
of any contract of employment entered into by a board under
section 3319.02 of the
Revised Code. If a board adopts a
policy under this section, no contract entered into by a board under section
3319.02 of the Revised Code may be suspended except pursuant to the policy. If a
board does not adopt such a policy, no such contract may be
suspended by a board except pursuant to section 3319.17 of the
Revised Code. (B) The administrative Personnel suspension policy
shall include, but not be limited to, all of the following: (1) one or more reasons that a board may consider for
suspending any contract of employment entered into
under section 3319.02 of the
Revised Code. a reason for such
suspension may include the financial conditions of the school
district or educational service center. (2) Procedures for determining the order of suspension of
contracts within the employment service areas
affected; (3) Provisions requiring a right of restoration for
employees whose contracts of employment are suspended
under the policy if and when any positions become vacant or are
created for which any of them are or become
qualified. (C) The policy procedures and provisions adopted
under divisions (B)(2)
and (3) of this section
shall be developed by the board of a district or service center with
input from the
superintendent and all assistant superintendents, principals,
assistant principals, and other administrators employed by
that board under section 3319.02 of the Revised
Code. Sec. 3319.18. If an entire school district or that part of
a school district which comprises the territory in which a school
is situated is transferred to any other district, or if a new
school district is created, the teachers in such districts or
schools employed on continuing contracts immediately prior to
such transfer, or creation shall, subject to section 3319.17
or 3319.171 of
the Revised Code, have continuing service status in the newly
created district, or in the district to which the territory is
transferred. The limited contracts of the teachers employed in such
districts or schools immediately prior to such transfer, or
creation, shall become the legal obligations of the board of
education in the newly created district, or in the district to
which the territory is transferred, subject to section 3319.17
or 3319.171 of
the Revised Code. The teaching experience of such teachers in
such prior districts or schools shall be included in the three
years of service required under section 3319.11 of the Revised
Code for a teacher to become eligible for continuing service
status. Teachers employed on limited or continuing contracts in an
entire school district or that part of a school district which
comprises the territory in which a school is situated which is
transferred to any other district or which is merged with other
school territory to create a new school district, shall be
placed, on the effective date of such transfer or merger, on the
salary schedule of the district to which the territory is
transferred or the newly created district, according to their
training and experience. Such experience shall be the total sum
of the years taught in the district whose territory was
transferred or merged to create a new district, plus the total
number of years of teaching experience recognized by such
previous district upon its first employment of such teachers. The placement of the teachers on the salary schedule,
pursuant to this section, shall not result, however, in the
salary of any teacher being less than his the teacher's current
annual salary
for regular duties, in existence immediately prior to the merger
or transfer. In making any reduction in the number of teachers under
section 3319.17 of the Revised Code by reason of the transfer or
consolidation of school territory, the years of teaching service
of the teachers employed in the district or schools transferred
to any other district or merged with any school territory to
create a new district, shall be included as a part of the
seniority on which the recommendation of the superintendent of
schools shall be based, under section 3319.17 of the Revised
Code. Such service shall have been continuous and shall include
years of service in the previous district as well as the years of
continuous service in any district which had been previously
transferred to or consolidated to form such district. When
suspending contracts in accordance with an administrative personnel
suspension policy adopted under section 3319.171 of the Revised Code, a board may
consider years of teaching service in its decision if it is a part of the
suspension policy. Sec. 5705.412. (A) As used in this section, "qualifying
contract" means any agreement for the expenditure of money under which
aggregate payments from the funds
included in the school district's five-year forecast under section 5705.391
of the Revised Code will exceed the lesser of the following amounts: (1) Five hundred thousand dollars; (2) One per cent
of the total revenue to be credited in the current fiscal year to the
district's general
fund, as specified in the district's most recent certificate of estimated
resources
certified under section 5705.36 of the Revised Code. (B) Notwithstanding section 5705.41 of the
Revised Code, no school district shall adopt any appropriation
measure, make any qualifying contract, give any order involving the
expenditure of money, or increase during any school year any wage
or salary schedule unless there is attached thereto a certificate,
signed as required by the treasurer and president of the board of
education and the superintendent this section, that the
school district has in effect for
the remainder of the fiscal year and the succeeding fiscal year
the authorization to levy taxes including the renewal or
replacement of existing levies which, when combined with the
estimated revenue from all other sources available to the
district at the time of certification, are sufficient to provide
the operating revenues necessary to enable the district to
maintain all personnel, and programs, and services essential
to
the provision of an adequate educational program for all the days set
forth in its adopted school calendars for the current fiscal year
and for a number of days in the succeeding fiscal year
years equal to
the number of days instruction was held or is scheduled for the
current fiscal year. However, a, as follows: (1) A certificate attached to an
appropriation measure under this section shall cover only the
fiscal year in which the appropriation measure is effective and
shall not consider the renewal or replacement of an existing levy
as the authority to levy taxes that are subject to appropriation
in the current fiscal year unless the renewal or replacement levy
has been approved by the electors and is subject to appropriation
in the current fiscal year. In addition, a (2) A
certificate attached, in accordance with this
section, to any qualifying contract shall cover the term of the
contract or the current
fiscal year plus the two immediately succeeding fiscal years, whichever period
of years is greater
If (3) A certificate attached under this section to a wage or salary
schedule shall cover the term of the schedule. If the board of education has not
adopted a school calendar for the school year beginning on the
first day of the fiscal year in which a certificate is required,
the certificate attached to an appropriation measure shall
include the number of days on which instruction was held in the
preceding fiscal year and other certificates required under this
section shall include that number of days for the fiscal year in
which the certificate is required and the any succeeding fiscal
year years that the certificate must cover.
Every The certificate shall be signed by the treasurer and president of the board
of education and the superintendent of the school district, unless the
district is in a state of fiscal emergency declared under Chapter
3316. of the Revised Code. In that case, the certificate shall be signed by a member of the
district's financial planning and supervision commission who is designated by
the commission for this purpose. (C) Every qualifying contract made, order given, or
wage or salary schedule adopted or put into
effect without such a certificate shall be void, and no payment
of any amount due thereon shall be made. The (D) The department of education and
the auditor of state jointly shall develop adopt rules governing
the methods by which
treasurers, presidents of boards of education, and
superintendents, and members of financial planning and supervision
commissions shall estimate revenue and determine whether
such revenue is sufficient to provide necessary operating
revenue for the purpose of making certifications required by
this section. (E) The auditor of state
shall be responsible for determining whether school districts are
in compliance with this section.
At the time a school district is audited
pursuant to section 117.11 of the Revised Code, the auditor of state shall
review each
certificate issued under this section since the district's last audit, and the
appropriation measure, contract, order, or wage and salary schedule to
which
such certificate was attached. This provision shall not
preclude any court from making a determination regarding
compliance with this section. If noncompliance is determined,
the provisions of section 117.28 of the Revised Code shall have
effect If the auditor of state determines that a school district has
not complied with this section with respect to any qualifying contract or wage
or salary
schedule, the auditor of state shall notify the prosecuting attorney for the
county, the city director of law, or other chief law officer of the school
district. That officer may file a civil action in any court of appropriate
jurisdiction to seek a declaration that the contract or wage or salary
schedule is void, to recover for the school district from the payee the amount
of payments already made under it, or both, except that the officer shall not
seek to recover payments made under any collective bargaining agreement
entered into under Chapter 4117. of the Revised
Code. If the officer
does not file such
an action within one hundred twenty days after receiving notice of
noncompliance from the auditor of state, any taxpayer may institute the action
in the taxpayer's own name on behalf of the school district. (F) This section does not apply to any contract, order, or
increase in any wage or salary schedule that is necessary in
order to enable a board of education to comply with division (B)
of section 3317.13 of the Revised Code, provided the contract,
order, or increase does not exceed the amount required to be paid
to be in compliance with such division. (G) Any officer, employee, or other person who knowingly
expends or authorizes the expenditure of any public funds or
knowingly authorizes or executes any contract, order, or
schedule
contrary to this section, knowingly expends or authorizes the
expenditure of any public funds on the void contract, order, or
schedule, or knowingly issues a certificate under this section
which contains any false statements is liable to the school
district for the full amount paid from the district's funds on
the contract, order, or schedule. The officer, employee, or
other person is jointly and severally liable in person and upon
any official bond that the officer, employee, or other person
has given to the school district to the
extent of any payments on the void claim, not to exceed twenty
ten
thousand dollars. However, no officer, employee, or other person
shall be liable for a mistaken estimate of available resources
made in good faith and based upon reasonable grounds. If an officer,
employee, or other person is found to have complied with rules
jointly adopted by the department of education
and the auditor of state under this section governing
methods by which revenue shall be estimated and determined
sufficient to provide necessary operating revenue for the
purpose of making certifications required by this section, the
officer, employee, or other person shall not be liable under
this section if the estimates and determinations made according
to those rules do not, in fact, conform with actual
revenue. The
prosecuting attorney of the county, the city director of law, or
other chief law officer of the district shall enforce this
liability by civil action brought in any court of appropriate
jurisdiction in the name of and on behalf of the school district.
If the prosecuting attorney, city director of law, or other chief
law officer of the district fails, upon the written request of
any taxpayer, to institute action for the enforcement of the
liability, the attorney general, or the taxpayer may institute the
action in the taxpayer's own name in, may institute the
action on behalf of the subdivision. (H) This section does not require the attachment of an
additional certificate beyond that required by section 5705.41 of
the Revised Code for any purchase order, for current payrolls of,
or contracts of employment with, regular employees or officers. This section does not require the attachment of a
certificate to a temporary appropriation measure if all of the
following apply: (A)(1) The amount appropriated does not exceed twenty-five
per cent of the total amount from all sources available for
expenditure from any fund during the preceding fiscal year;
(B)(2) The measure will not be in effect on or after the
thirtieth day following the earliest date on which the district
may pass an annual appropriation measure;
(C)(3) An amended official certificate of estimated resources
for the current year, if required, has not been certified to the
board of education under division (B) of section 5705.36 of the
Revised Code.
SECTION 2 . That existing sections 3314.10, 3316.07, 3319.02, 3319.14, 3319.18,
and 5705.412 of the Revised Code are hereby repealed.
SECTION 3 . The provisions of sections 3314.10, 3316.07, 3319.02, 3319.14,
3319.171, and 3319.18 of the Revised Code, as amended or enacted by this act,
shall apply to the provision of
evaluations of all assistant superintendents, principals, assistant
principals, and other administrators beginning with the 2000-2001 school year
regardless of the date their contracts were executed. However, the provisions
of those sections, as amended or enacted by this act, shall not affect any
terms or conditions of any employment
contracts executed prior to the effective date of this act. The provisions of
those sections, as amended or enacted by this act, also shall not be construed
so as to create any rights or remedies
for any assistant superintendent, principal, assistant principal, and other
administrator for failure of a school district to evaluate such person under
the provisions of those sections, as amended or enacted by this act, for any
contract years prior to the 2000-2001
school year.
Section 4 . Three years after the effective date of this section, the
Auditor of State shall submit to the General Assembly a report that does all
of the following: (A) Enumerates and describes the citations that the Auditor of State issued
during that three-year period to school districts for noncompliance with
section 5705.412 of the Revised Code; (B) Describes any fiscal, procedural, or other problems
that the Auditor of State determines to have
resulted from this act's exclusion of agreements that are not "qualifying
contracts" from the purview of that section; (C) Recommends any future legislative changes in the policies contained in
that section that the Auditor of State considers necessary or otherwise
beneficial.
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