To amend section 3301.02 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, and to declare an emergency.

Section 1. That section 3301.02 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.

Section 2. That existing section 3301.02 of the Revised Code is hereby repealed.

Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for 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.