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(124th General Assembly)
(Substitute Senate Bill Number 192)
AN ACT
To amend sections 3301.02 and 3301.80 of the Revised
Code to
abolish the requirement that the State
Board of
Education be dissolved and recreated
following the
creation of new State Board of
Education districts,
to specify that members of the
Board as of the time
new districts are created
shall represent their
assigned districts for the
term for which they were
originally elected, to
provide
that the Ohio SchoolNet Commission voting
members appointed by the
Speaker of the House of
Representatives and the President of the
Senate
serve two-year terms subject to removal at anytime
by their
respective appointing authorities, and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3301.02 and 3301.80 of the Revised
Code be
amended to read as follows:
Sec. 3301.02. (A) Elected voting members of the state
board
of education
as of the date of a change in district boundaries
pursuant to
legislation enacted by the general assembly or
division (B)(2) of
section 3301.01 of the Revised Code shall
continue in office
until their successors are elected and
qualified for office, at
which time the board whose successors
have been so qualified
shall be dissolved. At the first regular
state election that
occurs after a change in the boundaries of
state board of
education districts, in conformity with the general
election laws
of this state, one board member shall be elected
from each state
board of education district for a term of office
beginning the
first day of January immediately following such
election. The
term of office of each elected member shall be
determined by lot at the
initial organization meeting of the
board. The elected members
shall by lot select six elected
members, each of whom
shall serve for a
term of four years or
until a successor is elected and
qualified, and the
remaining
elected members shall each serve for a term of two years or
until
a successor is elected and qualified. (B) At each subsequent regular state election, in
conformity
with the general election laws of this state, the elected
members
shall be elected as required by expiration of respective
terms,
each for a term of four years or until a successor is
elected and
qualified. One elected member shall be elected from each
district
respectively in which the term of office of a board
member expires
on the first day of January following the election
except that,
when the boundaries of state board of education
districts are
changed pursuant to legislation enacted by the
general assembly or
division (B)(2) of section 3301.01 of the
Revised Code, division
(A) of this section shall govern the
election. The term of office
of each member so elected shall
begin on the first day of January
immediately following this
election.
(B) At any time the boundaries of state board of education
districts are changed under division (B) of section
3301.01 of
the
Revised Code, a member of the state board whose
term will not
expire within two years of the time the change in
boundaries is
made shall represent, for the remainder of the term
for which the
member was elected, the state board district
containing the
largest portion of the population of the district
from which the
member was elected. If more than one member whose
term will not
so expire would represent the same district under
the provisions
of this section, either the general assembly, if the general
assembly enacted legislation establishing those districts under
division (B)(2) of section 3301.01 of the Revised Code, or
the
governor, if the governor designated the bounderies of the
districts under that division, shall
designate which member shall
represent each district for the
balance of the members' terms. (C) Appointed voting members of the board shall serve
four-year
terms beginning the first day of January and ending on
the
thirty-first day of December. Except as provided in division
(D) of this section, members may be reappointed. (D) No person, elected or appointed, shall hold the office
of
member of the state board of education for a period of longer
than two
successive terms of four years. Terms shall be
considered successive unless
separated by a period of four or more
years. Only terms beginning on or after
January 1, 1996, shall be
considered in determining an individual's
eligibility to hold
office.
Sec. 3301.80. (A) There is hereby created the Ohio
SchoolNet commission
as an independent agency. The commission
shall administer
programs to provide financial and other
assistance to school districts
and other educational institutions
for the acquisition and utilization
of educational technology. The commission is a body corporate and politic, an agency of
the
state performing essential governmental functions of the
state. (B)(1) The commission shall consist
of eleven members, seven
of
whom are voting members. Of the
voting members, one shall be
appointed by the speaker of
the house of representatives and one
shall be appointed by the president of
the senate. The members
appointed by the speaker of the house and the
president of the
senate shall not be members of the general assembly. The
state
superintendent of public instruction or a designee of the
superintendent, the director of budget and management
or a
designee of the director, the
director of administrative services
or a designee of the
director, the chairperson of the public
utilities commission or a designee of
the chairperson, and the
director of the Ohio educational telecommunications
network
commission or a designee of the director shall serve on the
commission
as ex officio voting members. Of the nonvoting
members, two shall be members
of the house of representatives
appointed by the speaker of the house and two
shall be members of
the senate appointed by the
president of the senate. The members
appointed from each house shall not be
members of the same
political party.
The
commission shall appoint officers from among
its members. (2) The members shall serve without compensation. The
voting
members appointed by the speaker of the house of
representatives and the
president of the senate shall be
reimbursed, pursuant to
office of budget and management
guidelines, for necessary expenses
incurred in the performance of
official duties. (3) The terms of office for the members appointed by the
speaker of
the house and
the president of the senate shall be for
two
years, with each term ending on the same day of the same
month
as did the term that it succeeds, except that the voting members
so appointed may be removed at anytime by their respective
appointing authority. The members appointed by the
speaker of the
house and the president of the senate may be
reappointed.
Any
member appointed from the house of
representatives or senate who
ceases to
be a member of the
legislative house from which the
member was appointed shall
cease
to be a member of the commission.
Vacancies
among appointed
members
shall be filled in the manner
provided for original
appointments. Any member
appointed to fill
a vacancy occurring
prior to the expiration date of the term
for
which a predecessor
was appointed shall hold office as a member
for the
remainder of
that term. The members appointed by the
speaker of the house and
the president of the senate
shall
continue in office subsequent to
the expiration date of that
member's
term until a successor takes
office or until a period of
sixty days has
elapsed, whichever
occurs first. (C)(1) The commission shall be under the
supervision of an
executive director who
shall be appointed by the commission.
The
executive director shall
serve at the pleasure of the commission
and shall
direct commission employees in the
administration of all
programs for the provision of financial and other
assistance to
school districts and other educational institutions for the
acquisition and utilization of educational technology.
(2) The employees of the Ohio SchoolNet commission shall be
placed in the unclassified service. The commission shall fix the
compensation
of the executive director. The executive director
shall employ and fix the
compensation for such employees as
necessary
to facilitate the activities and purposes of the
commission. The
employees shall serve at the pleasure of the
executive director.
(3) The employees of the Ohio SchoolNet
commission shall be
exempt
from Chapter 4117. of the Revised Code and shall
not be
public employees as defined in section 4117.01 of the Revised
Code. (D) The Ohio SchoolNet commission shall do all of the
following: (1) Make grants to institutions and other organizations as
prescribed by the
general assembly for the provision of technical
assistance, professional
development, and other support services
to enable school districts,
community schools established under
Chapter 3314. of the Revised Code,
and other
educational
institutions to utilize educational technology;
(2) Contract with the department of education, state
institutions of
higher education, private nonprofit institutions
of higher education holding
certificates of authorization under
section 1713.02 of the Revised Code, and
such other public or
private entities as the
executive director
deems necessary for the
administration and implementation
of the
programs under the
commission's jurisdiction; (3) Establish a reporting system to which school districts,
community schools established under Chapter 3314. of the Revised
Code,
and other
educational institutions receiving financial
assistance pursuant to this
section for the acquisition of
educational technology report information as to
the manner in
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being
utilized, the
results or outcome of this utilization, and other
information as may be
required by the commission; (4) Establish necessary guidelines governing purchasing and
procurement by
participants in programs administered by the
commission
that facilitate the timely
and effective implementation
of such programs; (5) Take into consideration the efficiency and cost
savings
of
statewide procurement prior to allocating and releasing funds
for any programs
under its administration. (E)(1) The executive director shall
implement policies and
directives issued by the Ohio SchoolNet commission. (2) The Ohio SchoolNet commission may establish a
systems
support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides
assistance. (3) Chapters 123., 124., 125., and 153., and sections 9.331,
9.332,
and 9.333 of the Revised Code do not apply to contracts,
programs, projects,
or activities of the Ohio SchoolNet
commission.
SECTION 2. That existing sections 3301.02 and 3301.80 of the
Revised Code
are hereby repealed.
SECTION 3. On the effective date of
this section, the terms
of office of the current voting members of
the Ohio SchoolNet
Commission appointed by the Speaker of the
House of
Representatives and the President of the Senate cease to
be fixed
at two years as provided in section 3301.80 of the
Revised Code as
that section existed prior to the effective date
of this act. Such
members shall instead serve the balance of their
original two-year
terms subject to removal at anytime by their
respective appointing
authorities pursuant to section 3301.80 of
the Revised Code as
that section is amended by this act. 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 such necessity is that
the State Board of Education otherwise
will be dissolved and
recreated upon the establishment of new
districts, thereby
requiring an election of all elected members in
2002. Therefore,
this act shall go into immediate effect.
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