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H. B. No. 143 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Wachtmann, Adams, Fessler, Domenick, Combs
A BILL
To amend sections 9.41, 9.833, 9.90, 124.01, 124.11, 124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, 3301.072, 3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20, 3313.202, 3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79, 3313.81, 3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091, 3315.062, 3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011, 3319.02, 3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071, 3319.073, 3319.075, 3319.08, 3319.081, 3319.088, 3319.10, 3319.151, 3327.01, 3327.03, 3327.09, 3327.10, 3327.16, 4117.01, 4117.03, 4117.04, 4117.06, 4117.08, 4117.09, and 4117.10; to repeal sections 5.23, 9.901, 117.53, 124.011, 124.54, 3301.22, 3313.174, 3313.211, 3313.41, 3313.472, 3313.482, 3313.51, 3313.534, 3313.535, 3313.537, 3313.60, 3313.601, 3313.602, 3313.608, 3313.609, 3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.63, 3313.648, 3313.66, 3313.661, 3313.662, 3313.664, 3313.666, 3313.667, 3313.70, 3313.712, 3313.76, 3313.77, 3313.78, 3313.80, 3313.801, 3313.811, 3314.10, 3314.20, 3315.17, 3315.171, 3315.18, 3315.181, 3315.19, 3317.12, 3317.13, 3317.14, 3317.15, 3319.072, 3319.082, 3319.083, 3319.084, 3319.085, 3319.086, 3319.087, 3319.0810, 3319.0811, 3319.09, 3319.101, 3319.11, 3319.111, 3319.12, 3319.13, 3319.131, 3319.14, 3319.141, 3319.142, 3319.143, 3319.16, 3319.161, 3319.17, 3319.171, 3319.172, 3319.18, 3319.181, 3319.33, 3319.63, 3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07, 3324.10, 3327.011, 3327.02, 3327.15, 4117.101, and 4117.102 of the Revised Code; and to repeal Sections 203.12.02 and 611.03 of Am. Sub. H.B. 66 of the 126th General Assembly to eliminate certain requirements and prohibitions applying to school district boards of education, including the centralized procurement of employee health benefits contingently mandated by Am. Sub. H.B. 66 of the 126th General Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 9.41, 9.833, 9.90, 124.01, 124.11, 124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, 3301.072, 3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20, 3313.202, 3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79, 3313.81, 3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091, 3315.062, 3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011, 3319.02, 3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071, 3319.073, 3319.075, 3319.08, 3319.081, 3319.088, 3319.10, 3319.151, 3327.01, 3327.03, 3327.09, 3327.10, 3327.16, 4117.01, 4117.03, 4117.04, 4117.06, 4117.08, 4117.09, and 4117.10 of the Revised Code be amended to read as follows:
Sec. 9.41. The director of budget and
management or any fiscal officer of any county, city, city
health district, or general health district, or city school district
thereof, or civil service township, shall not draw, sign, issue,
or authorize the drawing, signing, or issuing of any warrant on
the treasurer of state or other disbursing officer of the state,
or the treasurer or other disbursing officer of any county, city,
or city school district thereof, or civil service township, to
pay any salary or other compensation to any officer, clerk,
employee, or other person in the classified service unless an
estimate, payroll, or account for such salary or compensation
containing the name of each person to be paid, bears the
certificate of the director of administrative services, or in the
case of the service of the city or civil service township, the
certificate of the civil service commission of the city or civil
service township, or in the case of the service of the county,
the certificate of the appointing authority, that the persons
named in the estimate, payroll, or account have been appointed,
promoted, reduced, suspended, or laid off, or are being employed
in pursuance of Chapter 124. of the Revised Code and the rules
adopted thereunder.
Where estimates, payrolls, or accounts are prepared by
electronic data processing equipment, the director of
administrative services or the municipal or civil service
township civil service commission may develop methods for
controlling the input or verifying the output of such equipment
to ensure compliance with Chapter 124. of the Revised Code and
the rules adopted thereunder. Any estimates, payrolls, or
accounts prepared by these methods shall be subject to special
audit at any time.
Any sum paid contrary to this section may be recovered from
any officer making such payment in contravention of law and of
the rules made in pursuance of law, or from any officer signing,
countersigning, or authorizing the signing or countersigning of
any warrant for the payment of the same, or from the sureties on
the officer's official bond, in an action in the courts of
the state,
maintained by a citizen resident therein. All moneys recovered
in any action brought under this section shall, when collected,
be paid into the state treasury or the treasury of the
appropriate civil division of the state, except that the
plaintiff in any action shall be entitled to recover the
plaintiff's own
taxable costs of such action.
Sec. 9.833. (A) As used in this section, "political
subdivision" means a municipal corporation, township, county, school district,
or other body corporate and politic responsible
for governmental activities in a geographic area smaller than
that of the state, and agencies and instrumentalities of these entities. For purposes of this section, a school district is not a "political subdivision."
(B) Political subdivisions that provide health care
benefits for their officers or employees may do any of the
following:
(1) Establish and maintain an individual self-insurance
program with public moneys to provide authorized health care
benefits, including but not limited to, health care, prescription drugs, dental care, and vision care, in accordance with division (C) of this section;
(2) Establish and maintain a health savings account program whereby employees or officers may establish and maintain health savings accounts in accordance with section 223 of the Internal Revenue Code. Public moneys may be used to pay for or fund federally qualified high deductible health plans that are linked to health savings accounts or to make contributions to health savings accounts. A health savings account program may be a part of a self-insurance program.
(3) After establishing an individual self-insurance
program, agree with other political subdivisions that have
established individual self-insurance programs for health care
benefits, that their programs will be jointly administered in a
manner specified in the agreement;
(4) Pursuant to a written agreement and in accordance with
division (C) of this section, join in any combination with other
political subdivisions to establish and maintain a joint
self-insurance program to provide health care benefits;
(5) Pursuant to a written agreement, join in any
combination with other political subdivisions to procure or
contract for policies, contracts, or plans of insurance to
provide health care benefits, which may include a health savings account program, for their officers and employees
subject to the agreement;
(6) Use in any combination any of the policies, contracts,
plans, or programs authorized under this division.
(C) Except as otherwise provided in division (E) of this
section, the following apply to individual or joint
self-insurance programs established pursuant to this section:
(1) Such funds shall be reserved as are necessary, in the
exercise of sound and prudent actuarial judgment, to cover
potential cost of health care benefits for the officers and
employees of the political subdivision. A report of amounts so
reserved and disbursements made from such funds, together with a
written report of a member of the American academy of actuaries
certifying whether the amounts reserved conform to the
requirements of this division, are computed in accordance with
accepted loss reserving standards, and are fairly stated in
accordance with sound loss reserving principles, shall be
prepared and maintained, within ninety days after the last day of
the fiscal year of the entity for which the report is provided
for that fiscal year, in the office of the program administrator
described in division (C)(3) of this section.
The report required by division (C)(1) of this section
shall include, but not be limited to, disbursements made for the
administration of the program, including claims paid, costs of the
legal representation of political subdivisions and employees, and
fees paid to consultants.
The program administrator described in division (C)(3) of
this section shall make the report required by this division
available for inspection by any person at all reasonable times
during regular business hours, and, upon the request of such
person, shall make copies of the report available at cost within
a reasonable period of time.
(2) Each political subdivision shall reserve funds
necessary for an individual or joint self-insurance program in a
special fund that may be established for political subdivisions other than an agency or instrumentality pursuant to an ordinance or
resolution of the political subdivision and not subject to
section 5705.12 of the Revised Code. An agency or instrumentality shall reserve the funds necessary for an individual or joint self-insurance program in a special fund established pursuant to a resolution duly adopted by the agency's or instrumentality's governing board. The political subdivision
may allocate the costs of insurance or any self-insurance
program, or both, among the funds or accounts established under this division on the basis of relative exposure and loss
experience.
(3) A contract may be awarded, without the necessity of
competitive bidding, to any person, political subdivision,
nonprofit corporation organized under Chapter 1702. of the
Revised Code, or regional council of governments created under
Chapter 167. of the Revised Code for purposes of administration
of an individual or joint self-insurance program. No such
contract shall be entered into without full, prior, public
disclosure of all terms and conditions. The disclosure shall
include, at a minimum, a statement listing all representations
made in connection with any possible savings and losses resulting
from the contract, and potential liability of any political
subdivision or employee. The proposed contract and statement
shall be disclosed and presented at a meeting of the political
subdivision not less than one week prior to the meeting at which
the political subdivision authorizes the contract.
A contract awarded to a nonprofit corporation or a regional council of governments under this division may provide that all employees of the nonprofit corporation or regional council of governments and the employees of all entities related to the nonprofit corporation or regional council of governments may be covered by the individual or joint self-insurance program under the terms and conditions set forth in the contract.
(4) The individual or joint self-insurance program shall
include a contract with a member of the American academy of
actuaries for the preparation of the written evaluation of the
reserve funds required under division (C)(1) of this section.
(5) A joint self-insurance program may allocate the costs
of funding the program among the funds or accounts established under this division to the participating political subdivisions on the
basis of their relative exposure and loss experience.
(6) An individual self-insurance program may allocate the costs of funding
the
program among the funds or accounts established under this division to the political
subdivision that established the program.
(7) Two or more political subdivisions may also authorize
the establishment and maintenance of a joint health care cost
containment program, including, but not limited to, the employment
of risk managers, health care cost containment specialists, and
consultants, for the purpose of preventing and reducing health
care costs covered by insurance, individual self-insurance, or joint
self-insurance programs.
(8) A political subdivision is not liable under a joint
self-insurance program for any amount in excess of amounts
payable pursuant to the written agreement for the participation
of the political subdivision in the joint self-insurance program.
Under a joint self-insurance program agreement, a political
subdivision may, to the extent permitted under the written
agreement, assume the risks of any other political subdivision.
A joint self-insurance program established under this section is
deemed a separate legal entity for the public purpose of enabling
the members of the joint self-insurance program to obtain
insurance or to provide for a formalized, jointly administered
self-insurance fund for its members. An entity created pursuant
to this section is exempt from all state and local taxes.
(9) Any political subdivision, other than an agency or instrumentality, may issue general obligation
bonds, or special obligation bonds that are not payable from
real or personal property taxes, and may also issue notes in
anticipation of such bonds, pursuant to an ordinance or
resolution of its legislative authority or other governing body
for the purpose of providing funds to pay expenses associated
with the settlement of claims, whether by way of a reserve or
otherwise, and to pay the political subdivision's portion of the
cost of establishing and maintaining an individual or joint
self-insurance program or to provide for the reserve in the
special fund authorized by division (C)(2) of this section.
In its ordinance or resolution authorizing bonds or notes
under this section, a political subdivision may elect to issue
such bonds or notes under the procedures set forth in Chapter
133. of the Revised Code. In the event of such an election,
notwithstanding Chapter 133. of the Revised Code, the maturity of
the bonds may be for any period authorized in the ordinance or
resolution not exceeding twenty years, which period shall be the
maximum maturity of the bonds for purposes of section 133.22 of
the Revised Code.
Bonds and notes issued under this section shall not be
considered in calculating the net indebtedness of the political
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are
hereby made applicable to bonds or notes authorized under this
section.
(10) A joint self-insurance program is not an insurance
company. Its operation does not constitute doing an insurance
business and is not subject to the insurance laws of this state.
(D) A political subdivision may procure group life insurance for its employees in conjunction with an individual or joint self-insurance program authorized by this section, provided that the policy of group life insurance is not self-insured.
(E) Divisions (C)(1), (2), and (4) of this section do not
apply to individual self-insurance programs in municipal
corporations, townships, or counties.
(F) A public official or employee of a political subdivision who is or becomes a member of the governing body of the program administrator of a joint self-insurance program in which the political subdivision participates is not in violation of division (D) or (E) of section 102.03, division (C) of section 102.04, or section 2921.42 of the Revised Code as a result of either of the following:
(1) The political subdivision's entering under this section into the written agreement to participate in the joint self-insurance program;
(2) The political subdivision's entering under this section into any other contract with the joint self-insurance program.
Sec. 9.90. (A) The governing board of any public
institution of higher education, including without limitation
state universities and colleges, community college districts,
university branch districts, technical college districts, and
municipal universities, or the board of education of any school district, may, in addition to all other powers provided in the
Revised Code:
(1) Contract for, purchase, or otherwise procure from an
insurer or insurers licensed to do business by the state of Ohio
for or on behalf of such of its employees as it may determine,
life insurance, or sickness, accident, annuity, endowment,
health, medical, hospital, dental, or surgical coverage and
benefits, or any combination thereof, by means of insurance plans
or other types of coverage, family, group or otherwise, and may
pay from funds under its control and available for such purpose
all or any portion of the cost, premium, or charge
for such insurance, coverage, or benefits. However, the governing
board, in addition to or as an alternative to the authority otherwise
granted by division (A)(1) of this section, may elect to procure
coverage for health care services, for or on behalf of such of its employees
as it may determine, by means of policies,
contracts, certificates, or agreements issued by at least two
health insuring corporations holding a certificate of authority
under Chapter 1751. of the Revised Code and may
pay from funds
under the governing board's control and available for such purpose all or
any portion of the cost of such coverage.
(2) Make payments to a custodial account for investment in
regulated investment company stock for the purpose of providing
retirement benefits as described in section 403(b)(7) of the
Internal Revenue Code of 1954, as amended. Such stock shall be
purchased only from persons authorized to sell such stock in this
state.
Any income of an employee deferred under divisions (A)(1)
and (2) of this section in a deferred compensation program
eligible for favorable tax treatment under the Internal Revenue
Code of 1954, as amended, shall continue to be included as
regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of such
employee. Any sum so deferred shall not be included in the
computation of any federal and state income taxes withheld on
behalf of any such employee.
(B) All or any portion of the cost, premium, or charge
therefor may be paid in such other manner or combination of
manners as the governing board or school district board may determine,
including direct payment by the employee in cases under division
(A)(1) of this section, and, if authorized in writing by the
employee in cases under division (A)(1) or (2) of this section,
by such governing board or school district board with moneys made
available by deduction from or reduction in salary or wages or by
the foregoing of a salary or wage increase. Nothing in
section 3917.01 or section 3917.06 of the
Revised Code shall prohibit the issuance or purchase of group
life insurance authorized by this section by reason of payment of
premiums therefor by the governing board from
its funds, and such group life insurance may be so issued and
purchased if otherwise consistent with the provisions of sections
3917.01 to 3917.07 of the Revised Code.
(C) The board of education of any school district may exercise any of the powers granted to the governing boards of public institutions of higher education under divisions (A) and (B) of this section, except in relation to the provision of health care benefits to employees. All health care benefits provided to persons employed by the public schools of this state shall be medical plans designed by the school employees health care board pursuant to section 9.901 of the Revised Code.
Sec. 124.01. Except as otherwise provided in this chapter, as used in this chapter:
(A) "Civil service" includes all offices and positions of
trust or employment in the service of the state and in the service of the counties,
cities, city health districts, and general health districts, and city
school districts of the state.
(B) "State service" includes all offices and
positions in the service of the state and the counties and general
health districts of the state. "State service" does not include offices and positions in the service of the cities, and city health
districts, and city school districts of the state.
(C) "Classified service" means the competitive classified
civil service of the state, the several counties, cities, city
health districts, and general health districts, and city school districts
of the state, and civil service townships.
(D) "Appointing authority" means the officer, commission,
board, or body having the power of appointment to, or removal
from, positions in any office, department, commission, board, or
institution.
(E) "Commission" means the municipal civil service
commission of any city, except that, when in reference to the
commission that serves a city school district, "commission" means
the civil service commission determined under section 124.011 of
the Revised Code.
(F) "Employee" means any person holding a position subject
to appointment, removal, promotion, or reduction by an appointing
officer.
(G) "Civil service township" means any township with a
population of ten thousand or more persons residing within the
township and outside any municipal corporation, which has a
police or fire department of ten or more full-time paid
employees and which has a civil service commission established
under division (B) of section 124.40 of the Revised Code.
(H) "Flexible hours employee" means an employee who may
work more or less than eight hours on any given day so long as
the employee works forty hours in the same week.
(I) "Classification series" means any group of
classification titles that have the identical name but different
numerical designations, or identical titles except for designated
levels of supervision, except for those classification series
established by the director of administrative services in
accordance with division (A) of section 124.14 of the Revised
Code.
(J) "Classification change" means a change in an
employee's classification in the job classification plan.
(K) "Service of the state" or "civil service of the state" includes all offices and positions of trust or employment with the government of the state. "Service of the state" and "civil service of the state" do not include offices and positions of trust or employment with state-supported colleges and universities, counties, cities, city health districts, city school districts, general health districts, and civil service townships of the state.
Sec. 124.11. The civil service of the state and the
several counties, cities, civil service townships, city health
districts, and general health districts, and city school districts
of the state shall be divided into the unclassified service and the
classified service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed to fill vacancies in those offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3)(a) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the governor or by and with the governor's consent;
(b) The heads of all departments appointed by a board of
county commissioners;
(c) The members of all
boards and commissions and all heads of departments appointed by
the mayor, or, if there is no mayor, such other similar chief
appointing authority of any city or city school district;
Except
as otherwise provided in division (A)(17) or (C) of this section,
this chapter does not exempt the chiefs of police departments and
chiefs of fire departments of cities or civil service townships
from the competitive classified service.
(4) The members of county or district licensing boards or
commissions and boards of revision, and not more than five deputy county auditors;
(5) All officers and employees elected or appointed by
either or both branches of the general assembly, and
employees of the city legislative authority engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) Superintendents, assistant superintendents, principals, teachers,
and other research or educational service employees employed by
the department of education for service at the state school for
the deaf or the state school for the blind;
(c) The library staff of any library in the state
supported wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers, four clerical and
administrative support employees for each board of county
commissioners and one such employee for each county commissioner, and four clerical and
administrative support employees for other elective officers and
each of the principal appointive executive officers, boards, or
commissions, except for civil service commissions, that are
authorized to appoint such clerical and administrative support
employees;
(9) The deputies and assistants of state agencies authorized to act for and
on behalf of the agency, or holding a fiduciary or administrative relation to
that agency and those persons employed by and directly responsible
to elected county officials or a county administrator and holding a
fiduciary or
administrative relationship to such elected county officials or county
administrator, and the employees of such county officials whose fitness
would be
impracticable to determine by competitive examination, provided
that division (A)(9) of this section shall not affect those
persons in county employment in the classified service as of
September 19, 1961. Nothing in division (A)(9) of this section
applies to any position in a county department of job and
family services
created pursuant to Chapter 329. of the Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise or who handle public moneys
or secured documents, and such officers and employees of courts
of record and such deputies of clerks of the courts of common
pleas as the director of administrative services finds it
impracticable to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service commission may find it impracticable to include in the
competitive classified service; provided such exemptions shall be
by order of the commission or the director, duly entered on the
record of the commission or the director with the reasons for
each such exemption;
(13) Any physician or dentist who is a full-time employee
of the department of mental health, the department of mental
retardation and developmental disabilities, or an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state, or its counties or cities, as physicians or nurses who are
duly licensed to practice their respective professions under the
laws of this state, or medical assistants, in mental or
chronic disease hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in section 5126.20 of the Revised Code, of county boards of
mental retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who is appointed pursuant to division (B) of section 4731.05 of
the Revised Code;
(22) County directors of job and family services as
provided in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and maintenance,
and of licensing and certification in the division of industrial compliance in
the department of commerce;
(25) The executive director of a county transit system appointed under
division (A) of section 306.04 of the Revised Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at the department
of taxation, department of the adjutant general, department of education,
Ohio board of regents, bureau of workers'
compensation, industrial commission, state lottery
commission, and public utilities commission of Ohio that the head of
that administrative department or of that other state agency determines to be
involved in policy development and implementation. The head of the
administrative department or other state agency shall set the compensation for
employees in these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the maximum
compensation specified in pay range 44 of salary schedule E-2 in
section 124.152 of the Revised Code. The authority to establish positions in
the unclassified service under division (A)(26) of this
section is in addition to and does not limit any other authority that an
administrative department or
state agency has under the Revised Code to establish positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city health
districts, and general
health districts, and city school districts, the deputies and assistants of
elective or principal executive officers authorized to act for and in the
place of their principals or holding a fiduciary relation to their
principals;
(29) Employees who receive intermittent or temporary
appointments under division (B) of section 124.30 of the Revised Code;
(30) Employees appointed to administrative staff positions for which an
appointing authority is given specific statutory authority to set
compensation;
(31) Employees appointed to highway patrol cadet or highway patrol cadet
candidate classifications;
(32) Employees placed in the unclassified service by another
section of the Revised Code.
(B) The classified service shall comprise all persons in
the employ of the state and the several counties, cities, city
health districts, and general health districts, and city school
districts of the state, not specifically included in the unclassified
service. Upon the creation by the board of trustees of a civil
service township civil service commission, the classified service
shall also comprise, except as otherwise provided in division
(A)(17) or (C) of this section, all persons in the employ of a
civil service township police or fire department having ten or
more full-time paid employees. The classified service consists
of two classes, which shall be designated as the competitive
class and the unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, and general health districts, and city school districts
of the state, and, upon the creation by the board of trustees of a
civil service township of a township civil service commission, all
positions in a civil service township police or fire department
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class for positions in service of the state shall be filled
by appointment from lists of applicants registered by the
director. Vacancies in the labor class for all other positions shall be filled by appointment from lists of applicants registered by a commission. The director or the commission, as applicable, by rule, shall
require
an applicant for registration in the labor class to furnish
evidence or take tests as the director or commission considers proper with
respect to age, residence, physical condition, ability to labor,
honesty, sobriety, industry, capacity, and experience in the work
or employment for which application is made. Laborers who
fulfill the requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from that
evidence or in those tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director or commission, as applicable,
shall certify from the highest on the list double the number to
be employed; from this number, the appointing officer shall
appoint the number actually needed for the particular work. If
more than one applicant receives the same rating, priority in
time of application shall determine the order in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified civil service.
(D) This division does not apply to persons in the unclassified
service who have the right to resume positions in the classified service under
sections 4121.121, 5119.071, 5120.07, 5120.38, 5120.381, 5120.382, 5123.08,
5139.02, and 5501.19
of the Revised Code.
An appointing authority whose employees
are paid directly by warrant of the director of budget and management
may appoint a person who holds a certified position in the classified service
within the appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant
to
this division to a position in the unclassified service shall retain the right
to resume the position and status held by
the person in the classified service immediately prior to the person's
appointment to the position in the unclassified service, regardless of the
number of positions the person
held in the unclassified service. An employee's right to resume a position in the classified service may only be exercised when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or the rules of the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency.
Reinstatement to a position in the
classified service shall be to a position substantially equal to that position
in the classified service held
previously, as certified by the director of administrative services. If the
position the person previously held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the appointing authority's agency
that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service. Service in the
position in the unclassified service shall be counted as service in the
position in the classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. When a
person is reinstated
to a position in the classified service as provided in this division, the
person is entitled to all rights, status, and benefits accruing to the
position in the classified service during the person's time of service in the
position in the
unclassified service.
Sec. 124.271. Any employee in the classified service of the
state or any
county, city, city health district, or general health district, or
city school
district who is appointed to a position under section 124.30 of the Revised Code, and either demonstrates merit and fitness for the position by successfully completing the probationary period for the position or
remains in the position for a period of six months of
continuous service, whichever period is longer, shall become a permanent appointee in the classified service
at the
conclusion of that period.
Sec. 124.34. (A) The tenure of every officer or employee in
the classified service of the state and the counties, civil
service townships, cities, city health districts, and general health
districts, and city school districts of the state, holding a
position
under this chapter, shall be during good
behavior and
efficient service. No
officer
or employee shall be reduced
in pay or position, fined, suspended, or removed,
or have the
officer's or employee's longevity reduced or eliminated,
except as
provided in section 124.32 of the Revised Code, and for
incompetency, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of any policy or work rule of the officer's or employee's appointing authority, violation of this chapter or the rules of the
director of administrative services or the commission, any
other
failure of good behavior, any other acts of misfeasance,
malfeasance, or nonfeasance in office, or conviction of a
felony.
The denial of a one-time pay supplement or a bonus to an
officer or employee is not a reduction in pay for purposes of this
section.
An appointing authority may require an employee who is
suspended
to report to work to serve the suspension. An employee
serving a
suspension in this manner shall continue to be
compensated at
the employee's regular rate of pay for hours
worked.
The
disciplinary action shall be recorded in the
employee's
personnel file in the same manner as
other disciplinary
actions and has the same effect as a
suspension without pay for
the purpose of recording disciplinary actions.
A finding by the appropriate ethics commission, based
upon a
preponderance of the evidence, that the facts alleged in a
complaint
under section
102.06 of the Revised Code constitute a
violation of Chapter
102., section 2921.42, or section 2921.43 of
the Revised Code may
constitute grounds for dismissal. Failure to
file a statement or
falsely filing a statement required by section
102.02 of the
Revised Code may also constitute grounds for
dismissal. The tenure of an
employee in the career professional
service of the department of
transportation is subject to section
5501.20 of the Revised Code.
Conviction of a felony is a separate basis for reducing in
pay or
position, suspending, or removing an officer or employee,
even if the officer
or employee has already been reduced in pay or
position, suspended, or removed
for the same conduct that is the
basis of the felony. An officer or employee
may not appeal to the
state
personnel board of review or the commission any disciplinary
action taken by
an appointing authority as a result of the
officer's or employee's conviction
of a felony. If an officer or
employee removed under this section is
reinstated as a result of
an appeal of the removal, any conviction of a felony
that occurs
during the pendency of the appeal is a basis for
further
disciplinary action under this section upon the officer's or
employee's reinstatement.
A person convicted of a felony immediately forfeits the
person's status as
a classified employee
in any public employment
on and after the date of
the conviction
for the felony. If an
officer or employee is removed under this section as a
result of
being convicted of a felony or is subsequently convicted of a
felony
that involves the same conduct that was the basis for the
removal, the officer
or employee is barred from receiving any
compensation after the removal
notwithstanding any modification or
disaffirmance of the removal, unless the
conviction for the felony
is subsequently reversed or
annulled.
Any person removed for conviction of a felony is entitled to
a cash payment
for any accrued but unused sick, personal, and
vacation leave as authorized by
law. If subsequently reemployed
in the public sector,
the person shall
qualify for and accrue
these forms of leave in the manner specified by law for
a newly
appointed employee and shall not be credited with prior public
service
for the purpose of receiving these forms of leave.
As used in this division, "felony" means any of the
following:
(1) A felony that is an offense of violence as defined in
section 2901.01
of the Revised Code;
(2) A felony that is a felony drug abuse offense as defined
in section
2925.01 of the Revised Code;
(3) A felony under the laws of this or any other state or
the
United States that is a crime of moral turpitude;
(4) A felony involving dishonesty, fraud, or theft;
(5) A felony that is a violation of section 2921.05,
2921.32, or 2921.42
of the Revised Code.
(B) In case of a reduction,
a suspension of forty or more
work hours in the case of an employee exempt from the payment of
overtime compensation, a suspension of
twenty-four or more work hours in the case of an employee
required to
be paid overtime compensation,
a fine of forty or more
hours'
pay in the case of an employee exempt from the payment of
overtime
compensation, a fine
of
twenty-four
or more hours'
pay
in the case of an employee required to be paid
overtime
compensation, or
removal, except for the reduction or
removal of a
probationary
employee, the
appointing authority shall
serve the
employee with a copy of the order of reduction, fine,
suspension,
or removal, which order shall state the reasons for
the
action.
Within ten days following the date on which the order
is
served or, in the case of an employee in the career professional
service of the department of transportation, within ten days
following the
filing of a removal order, the employee, except as
otherwise
provided in this
section, may
file an
appeal of the
order in writing with the
state personnel
board of
review or the
commission. For purposes of
this section,
the date
on which an
order is served is the date of hand
delivery
of the
order or the
date of delivery of
the order by certified
United
States mail,
whichever occurs
first. If
an appeal is
filed,
the board or
commission shall forthwith notify the
appointing
authority
and
shall hear, or appoint a trial board to
hear, the
appeal within
thirty
days from and after its filing with
the board
or
commission. The board, commission, or trial board may
affirm, disaffirm, or modify
the
judgment of the appointing
authority.
However, in an appeal of a removal order based upon a
violation of a last chance agreement, the board, commission, or
trial board may only determine if the employee violated the
agreement and thus affirm or disaffirm the judgment of the
appointing authority.
In cases of removal or reduction in pay for disciplinary
reasons, either the appointing authority or the officer or
employee may appeal from the decision of the state personnel
board
of review or the commission, and any such appeal shall be to the
court of common pleas of
the
county in which the
appointing authority is
located,
or to the court of common pleas of Franklin county, as provided by
section
119.12 of the Revised Code.
(C) In the case of the suspension for any period of time, or
a fine,
demotion, or removal, of a chief of police, a chief of
a fire
department, or any member of the police or fire department
of a
city or civil service township, who is in the classified
civil service, the appointing authority
shall
furnish
the
chief or member
with a copy
of the
order of
suspension, fine, demotion, or removal, which
order
shall
state
the reasons for the action.
The order shall be
filed with the
municipal or civil service township civil service
commission.
Within ten days following the filing of the order,
the chief
or
member
may file an appeal, in
writing, with the
commission. If
an
appeal is filed, the commission
shall
forthwith notify the
appointing authority and shall hear, or
appoint a
trial board to
hear, the appeal within thirty days from
and
after its filing with
the commission, and it may affirm,
disaffirm, or modify the
judgment of the appointing authority. An
appeal on
questions of
law and fact may be had from the
decision
of the
commission to the court of
common pleas in the county in which
the city or civil service
township is situated.
The
appeal
shall be taken within thirty
days from the finding of the
commission.
(D) A violation of division (A)(7) of section 2907.03 of the
Revised
Code is grounds for termination of employment of a
nonteaching employee under
this section.
(E) As used in this section, "last chance agreement" means an
agreement signed by both an appointing authority and an officer or
employee of the appointing authority that describes the type of
behavior or circumstances that, if it occurs, will automatically
lead to removal of the officer or employee without the right of
appeal to the state personnel board of review or the appropriate
commission.
Sec. 124.38. Each Both of the following shall be entitled for
each completed eighty hours of service to sick leave of four and
six-tenths hours with pay:
(A) Employees in the various offices of the county,
municipal, and civil service township service, other than
superintendents and management employees, as defined in section
5126.20 of the Revised Code, of county boards of mental
retardation and developmental disabilities;
(B) Employees of any state college or university;
(C) Employees of any board of education for whom sick
leave is not provided by section 3319.141 of the Revised Code.
Employees may use sick leave, upon approval of the responsible
administrative officer of the employing unit, for absence due to
personal illness, pregnancy, injury, exposure to contagious
disease that could be communicated to other
employees, and
illness, injury, or death in the employee's immediate family.
Unused sick leave shall be cumulative without limit. When sick
leave is used, it shall be deducted from the employee's credit on
the basis of one hour for every one hour of absence from
previously scheduled work.
The previously accumulated sick leave
of an employee who has been separated from the public service
shall be placed to the employee's credit upon
the employee's re-employment in the
public service, provided that the re-employment takes place
within ten years of the date on which the employee was last
terminated from public service. This ten-year period shall be tolled for any period during which the employee holds elective public office, whether by election or by appointment.
An employee who transfers from
one public agency to another shall be credited with the unused
balance of the employee's accumulated sick leave up to the
maximum of the
sick leave accumulation permitted in the public agency to which
the employee transfers.
The appointing authorities of the various offices of the county service may
permit all or any part of a person's accrued but unused sick leave acquired
during service with any regional council of government established in
accordance with Chapter 167. of the Revised Code to be credited to the employee upon
a transfer as if the employee were transferring from one public agency to
another under this section.
The appointing authority of each
employing unit shall require an employee to furnish a
satisfactory written, signed statement to justify the use of sick
leave. If medical attention is required, a certificate stating
the nature of the illness from a licensed physician shall be
required to justify the use of sick leave. Falsification of
either a written, signed statement or a physician's certificate
shall be grounds for disciplinary action, including dismissal.
This section does not interfere with existing unused sick
leave credit in any agency of government where attendance records
are maintained and credit has been given employees for unused
sick leave.
Notwithstanding this section or any other section of the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules of sick leave for employees of the appointing authority
for whom the state employment relations board has not established
an appropriate bargaining unit pursuant to section 4117.06 of the
Revised Code, as long as the alternative schedules are not
inconsistent with the provisions of at least one collective bargaining
agreement covering other employees of that appointing authority, if such a collective bargaining agreement exists. If no such collective bargaining agreement exists, an appointing authority may, upon notification to the board of county commissioners, establish an alternative schedule of sick leave for its employees that does not diminish the sick leave benefits granted by this section.
Sec. 124.40. (A) The mayor or other chief appointing
authority of each city in the state shall appoint three persons,
one for a term of two years, one for
a term of four years, and one
for
a term of six
years, who shall constitute the municipal civil
service
commission of
that city and of the city school
district and city
health district in which
that city is
located. Each alternate
year thereafter the mayor or other chief
appointing authority
shall appoint one person, as successor of the
member whose term
expires, to serve six years. A vacancy shall be
filled by the
mayor or other chief appointing authority
for the
unexpired term. At the time of any appointment, not more
than
two commissioners shall be adherents of the same political
party.
The municipal civil service commission shall prescribe,
amend,
and enforce rules not inconsistent with this chapter for
the
classification of positions in the civil service of
the
city and
city school district, and all the positions in the city
health
district; for examinations
for and resignations
from those positions; for
appointments, promotions, removals,
transfers, layoffs,
suspensions, reductions, and reinstatements
with respect to those positions; and for
standardizing
those positions and maintaining efficiency
in them. The
commission's rules shall authorize each appointing authority of a
city, city school district, or city health district to develop and
administer in a manner it devises an evaluation system for the
employees it appoints. The
commission
shall exercise all other
powers and perform all other duties with
respect to the civil
service of
the city, city school
district, and city health
district, as prescribed in this chapter
and conferred upon the
director of administrative services and the
state personnel board
of review with respect to the civil service
of the state; and all
authority granted to the director and the
board with respect to
the service under their jurisdiction shall,
except as otherwise
provided by this chapter, be held to
be granted to
the
commission with respect to the
service under its jurisdiction.
The
procedure applicable to
reductions, suspensions, and removals,
as
provided for in section
124.34 of the Revised Code, shall
govern
the civil service of
cities.
The expense and salaries of a municipal civil service
commission shall be determined by the legislative authority of
the
city and a sufficient sum of money shall be appropriated each
year
to carry out this chapter in the city.
All persons who are employed by a city school district,
city
health district, or city health department when a municipal
civil
service commission having jurisdiction over them is
appointed, or
when they become subject to civil service by
extension of civil
service to include new classifications of
employees, shall
continue to hold their positions until removed
in accordance with
the civil service laws.
If the appointing authority of any
city fails to
appoint
a civil service commission or commissioner, as provided
by law,
within sixty days after
the appointing authority has
the power
to so appoint,
or after a vacancy exists, the state personnel
board of review
shall make the appointment, and
the appointee
shall hold office
until the expiration of the term of the
appointing authority of
the city. If any
municipal
civil service commission fails
to prepare and submit
rules
or regulations in
accordance with
this chapter,
the board shall forthwith make
those rules
or regulations.
This
chapter
shall in all
respects,
except
as provided in this section, be in full force in
cities
with a civil service commission.
Each municipal civil service commission shall make reports
from time to time, as the board requires, of the manner in which
the law and the rules and regulations
under it have
been and
are being administered, and the results of their
administration,
in
the city, city school district, and city
health district. A
copy of the annual report of each
municipal civil service
commission shall be filed in the office of
the board as a public
record.
Whenever the board has reason to believe that a municipal
civil service commission is violating or is failing to perform
the
duties imposed upon it by law, or that any member of
a
municipal civil service commission is willfully or through
culpable negligence violating the law or failing to perform
official duties as a member of the commission, it shall institute
an
investigation, and if, in the judgment of the board, it finds
any
such violation or failure to perform the duties imposed by
law,
it shall make a report of
the violation
or failure in
writing to the chief
executive authority of
the city, which
report shall be a public
record.
Upon the receipt of
a report from the board charging
the
municipal civil service
commission with violating
or failing to
perform the duties imposed
upon it by law, or
charging any member of the commission with willfully or through
culpable negligence violating the law
or failing to
perform
official duties as a member of the
commission,
along with the evidence on which the report is
based, the chief
executive
authority of the city shall
forthwith remove the
municipal civil service commissioner
or
commissioners. In all cases of removal of
a municipal civil
service commissioner by the chief executive
authority of any
city, an appeal may be had to the court of
common pleas, in the
county in which the city is situated, to
determine the sufficiency
of the cause of removal. The appeal
shall be taken within ten
days from the decision of the chief
executive authority.
If the court
disaffirms the
judgment of the
chief executive authority, the commissioner shall
be reinstated to
the commissioner's former position
on the
commission.
The chief executive authority of
a city
with a municipal
civil service commission
may
remove at any time
any
commissioner
for inefficiency, neglect of
duty, or malfeasance in office,
having first given to the
commissioner a copy of the charges
and an opportunity
to be publicly heard in person or
by counsel in
defense.
The mayor has the exclusive right to suspend the chief of
the
police department or the chief of the fire department for
incompetence, gross neglect of duty, gross immorality, habitual
drunkenness, failure to obey orders given
by the proper
authority, or
any other reasonable and just cause. If either
the chief of police or the chief of the fire department is so
suspended, the mayor forthwith shall certify
that fact,
together
with the cause of the suspension, to the municipal civil
service
commission. Within five days from the date
of receipt of
the notice, the commission shall proceed to hear
the charges and render judgment
on them. The
judgment may affirm, disaffirm, or modify the
judgment of the
mayor, and an appeal may be had from
the
decision of the commission to the court of common pleas as
provided in section 124.34 of the Revised Code to determine the
sufficiency of the cause of removal.
(B) The board of trustees of a township
that has a
population
of ten thousand or more persons residing within the
township and
outside any municipal corporation and
that has
a police or fire
department of ten or more full-time paid
employees may appoint
three persons
to constitute the
township civil service
commission. Of the initial appointments
made to the commission,
one shall be for a term ending two years
after the date of
initial appointment, one shall be for a term
ending four years
after that date, and one shall be for a term
ending six years
after that date. Thereafter, terms of office
shall be for six
years, each term ending on the same day of the
same month as did
the term which it succeeds. Each member shall
hold office from
the date of
appointment until the end of the
term for which
the member was appointed. Any member appointed
to fill a
vacancy
occurring prior to the expiration of the term
for which
the
member's predecessor was appointed shall hold
office for the remainder of
that term. Any member shall
continue in office subsequent to the
expiration date of
the
member's term until
a successor takes office, or
until a
period of sixty days has elapsed, whichever occurs first.
At the
time of any appointment, not more than two commissioners
shall be
adherents of the same political party.
The board of township trustees shall determine the
compensation and expenses to be paid to the members of the
township civil service commission. The powers and duties
conferred on municipal civil service commissions and the
supervisory authority of the state personnel board of review
under
division (A) of this section shall be applicable to the
civil
service commission of a civil service township.
The board
of township trustees has the exclusive right to
suspend the chief
of the police or fire department of the township
in the same
manner as provided in division (A) of this section for
municipal
chiefs.
The jurisdiction of the
township civil
service
commission is limited to employees of the township fire
or police
department
and then only if the department has ten or more
full-time
paid employees, and
it does not extend to any other
township
employees.
Sec. 124.57. (A) No officer or employee in the classified
service of the state, the several counties, and cities, and city
school districts of the state, or the civil service townships of the state shall
directly or indirectly, orally or by letter, solicit or receive,
or be in any manner concerned in soliciting or receiving, any
assessment, subscription, or contribution for any political party
or for any candidate for public office; nor shall any person
solicit directly or indirectly, orally or by letter, or be in any
manner concerned in soliciting, any such assessment, contribution,
or payment from any officer or employee in the classified service
of the state, the several counties, or cities, or city school
districts of the state, or the civil service townships of the state; nor shall any
officer or employee in the classified service of the state, the
several counties, and cities, and city school districts of the state, or the
civil service townships of the state be an officer in any political
organization or take part in politics other than to vote as the
officer or employee pleases and to express freely political
opinions.
(B)(1) Nothing in division (A) of this section prohibits an
officer or employee described in that division from serving as a precinct
election official under section 3501.22 of the Revised Code.
(2) Nothing in division (A) of this section prohibits an
employee of the Ohio cooperative extension service whose position is
transferred from the unclassified civil service to the classified civil
service and who also holds the office of president of a city legislative
authority from completing the existing term of office as president.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions
of law, the board shall have the following powers:
(A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The board also shall develop a standard of
financial reporting which shall be used by all school districts
and educational service centers to make their financial
information available to the public in a format understandable by
the average citizen and provide year-to-year comparisons for at
least five years. The format shall show, among other things,
district and educational service center revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds.
(D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring promoting a general education of high quality. Such
standards shall provide adequately for: the licensing of teachers,
administrators,
and other professional personnel and their
assignment according to
training and qualifications; efficient and
effective instructional
materials and equipment, including library
facilities; the proper
organization, administration, and
supervision of each school,
including regulations for preparing
all necessary records and
reports and the preparation of a
statement of policies and
objectives for each school; buildings,
grounds, health and
sanitary facilities and services; admission of
pupils, and such
requirements for their promotion from grade to
grade as will
assure that they are capable and prepared for the
level of study
to which they are certified; requirements for
graduation; and such
other factors as the board finds necessary; however, those standards shall not require school districts to perform duties or to abstain from activities not specifically required or prohibited in this title.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(E)
May
require promote as part of the health
curriculum
information developed under
section 2108.15 of the
Revised Code
promoting the donation of
anatomical gifts pursuant
to Chapter
2108. of the Revised Code and
may provide the
information to high
schools, educational service
centers, and
joint vocational school
district boards of education;
(F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level;
(G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable to comply with requirements of this title. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of mental
retardation and developmental disabilities pursuant to section
3323.09 of the Revised Code;
(K) For the purpose of encouraging the development of
special programs of education for academically gifted children,
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out
of any funds appropriated for this purpose to boards of education
and educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) Require that all public schools emphasize Emphasize and encourage,
within existing units of study, the teaching of energy and
resource conservation
as recommended to each district board of
education by leading business persons involved in energy
production and conservation, beginning in the primary grades;
(M) Formulate and prescribe minimum standards requiring promoting the
use of phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the state board shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings.
The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
Sec. 3301.072. The state board of education shall
establish continuing programs of in-service training in school
district budget and finance for superintendents of schools or
their designees, business managers, members of boards of
education, and treasurers of boards of education for the purpose
of enhancing their background and working knowledge of government
accounting, state and federal laws relating to school district
budgeting and financing, financial report preparation, rules of
the auditor of state, and budget and accounting management.
The manner and content of each training program shall be
determined and provided by the state board of education after
consultation with the department of taxation and the auditor of
state. The state board may enter into contracts with the
department and the auditor of state to supply, at cost, any
assistance required to enable the board to perform its duties
under this section.
Each superintendent or his designee of a superintendent,
treasurer or treasurer pro tempore, and business manager shall may, but shall not be required to, attend one a
training program provided under this section each year.
Sec. 3311.10. If an exempted village school district fails
to contain within its territorial boundaries territory lying
within the corporate limits of a village having a population,
according to the latest federal census of two thousand or more,
such exempted village school district shall become a local school
district, subject to the supervision of the educational service
center governing board for the school year commencing the first
day of July
following the publication by the secretary of state of
such
census, and thereafter. This section does not apply to any
exempted village school district organized as such exempted
village school district prior to June 1, 1943.
The board of education of an exempted village school
district
that contains within its boundaries all or part of two
or more
municipal corporations, the aggregate population of which
totals
five thousand or more as determined by the preceding
federal
census, may, by a majority vote of the full membership of
the
board, propose that such district become a city school
district.
The proposal shall be filed with the state board of
education.
The
state board of education shall either approve or
disapprove
the
proposal and shall notify, in writing, the board
of education
of
the district of its decision within ninety days
of the day on
which the proposal was received.
A school district created by the state board of education
under section 3311.37 of the Revised Code which includes any
combination of two or more exempted village or local school
districts may be designated as a city school district by the
state
board of education, provided the aggregate population of
the newly
created district totals five thousand or more as
determined by the
last federal or special census and provided
there is contained
within its boundaries all or part of a
municipal corporation.
When a governing board of an educational
service center is
dissolved pursuant to
section 3311.37 of the Revised Code the
employees shall be
assured the opportunity of continued employment
in the newly
created school district in similar positions at no
reduction in salary
until the expiration of the existing
contracts.
Nonteaching
school employees of city school districts,
created pursuant to
this section, shall not be employed pursuant
to Chapter 124. of
the Revised Code, except that sick leave shall
be granted
pursuant to section 124.38 of the Revised Code.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint
vocational
school district board of education. Where a joint
vocational
school district is composed only of two or more local
school
districts located in one county, or when all the
participating
districts are in one county and the boards of such
participating
districts so choose, the educational
service center governing
board
of the county in which the joint vocational school district
is
located shall serve as the joint vocational school district
board
of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village
school
districts or educational service centers, unless administration by
the
educational service center governing board has been chosen by
all the
participating districts in
one county pursuant to this
section, the board of education of
the joint vocational school
district shall be composed of one or
more persons who are members
of the boards of education from each
of the city or exempted
village school districts or
members of the educational service
centers' governing boards
affected to be appointed by the boards
of education or governing boards of
such
school districts and
educational service centers. In such joint vocational
school
districts the
number and terms of members of the joint vocational
school
district board of education and the allocation of a given
number
of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for
such district,
provided that each such joint
vocational school district board of
education shall be composed of
an odd number of members.
(B) Notwithstanding division (A) of this section, a
governing
board of an educational service center that has members
of
its
governing board serving on a
joint vocational school
district board of education may make a
request to the joint
vocational district board that the joint
vocational school
district plan be revised to provide for one or
more members of
boards of education of local school districts
that are within the
territory of the educational
service district and within the joint
vocational school district to serve in the place of or in
addition
to its educational service center governing board members. If
agreement
is obtained among a majority of the boards of education
and governing boards
that have
a member serving on the joint
vocational school district board of
education and among a majority
of the local school district
boards of education included in the
district and located within
the territory of the educational
service center
whose board requests the substitution
or addition,
the state board of education may revise the joint
vocational
school district plan to conform with such agreement.
(C) If the board of education of any school district
or
educational service center governing board included within a joint
vocational district that has had its
board or governing board
membership revised under division (B) of this section
requests the
joint vocational school district board to submit to
the state
board of education a revised plan under which one or
more joint
vocational board members chosen in accordance with a
plan revised
under such division would again be chosen in the
manner prescribed
by division (A) of this section, the joint
vocational board shall
submit the revised plan to the state board
of education, provided
the plan is agreed to by a majority of the
boards of education
represented on the joint vocational board, a
majority of the local
school district boards included within the
joint vocational
district, and each educational service center
governing board
affected by such plan. The state board of education may revise
the joint vocational school district plan to conform with the
revised plan.
(D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational
school district board of education shall have the same powers,
duties, and authority for the management and operation of such
joint vocational school district as is granted by law, except by
this chapter and Chapters 124., 3317., 3323., and 3331. of the
Revised Code, to a board of education of a city school district,
and shall be subject to all the provisions of law that apply to a
city school district, except such provisions in this chapter and
Chapters 124., 3317., 3323., and 3331. of the Revised Code.
(E) Where a governing board of an educational
service center
has been designated
to serve as the joint vocational school
district board of
education, the educational service center
superintendent shall be the
executive officer for the joint
vocational school district, and
the governing board may provide
for additional compensation to be paid to
the educational service
center superintendent by the joint
vocational school district, but
the educational service
center
superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The
superintendent of schools of a joint
vocational school district
shall exercise the duties and authority
vested by law in a
superintendent of schools pertaining to the
operation of a school
district and the employment and supervision
of its personnel. The joint
vocational school district board of
education shall
appoint a treasurer of the joint vocational school
district who
shall be the fiscal officer for such district and who
shall have
all the powers, duties, and authority vested by law in
a
treasurer of a board of education. Where a governing board of
an educational service center has been designated to serve as
the
joint vocational
school district board of education, such board
may appoint the
educational service center superintendent as
the
treasurer of the joint
vocational school district.
(F) Each member of a joint vocational school district
board
of education may be paid such compensation as the board
provides
by resolution, but it shall not exceed
one hundred
twenty-five
dollars
per member for each meeting attended plus
mileage, at the
rate per mile
provided by resolution of the board,
to and from
meetings of the board.
The board may provide by resolution for the deduction of
amounts payable for benefits under section
3313.202 of the Revised Code. No member of a board of a joint vocational school district who is purchasing any category of benefits offered by a city, local, or exempted village school board or educational service center governing board, shall purchase the same category of benefits as a member of the joint vocational school board.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at
an approved training program, provided that such
compensation
shall not exceed sixty dollars per day for attendance
at a
training program three hours or fewer in length and one
hundred
twenty-five dollars a day for attendance at a training
program
longer than three hours in length. However, no board
member shall
be compensated for the same training program under
this section
and section 3313.12 of the Revised Code.
Sec. 3311.52. A cooperative education school district may
be
established pursuant to divisions (A) to (C) of this section
or
pursuant to section 3311.521 of the Revised Code.
(A) A cooperative education school district may be
established upon the adoption of identical resolutions within a
sixty-day period by a majority of the members of the board of
education of each city, local, and exempted village school
district that is within the territory of a county school
financing
district.
A copy of each resolution shall be filed with the board of
education of the educational service center
which created the
county
school financing district. Upon the filing of the last
such
resolution, the educational service center governing
board
shall immediately notify each
board of education filing such a
resolution of the date on which
the last resolution was filed.
Ten days after the date on which the last resolution is
filed
with the educational service center governing board
or ten days
after the last of
any notices required under division (C) of this
section is
received by the educational service center governing
board, whichever is later, the
county school financing district
shall be dissolved and the new
cooperative education school
district and the board of education
of the cooperative education
school district shall be
established.
On the date that any county school financing district is
dissolved and a cooperative education school district is
established under this section, each of the following shall
apply:
(1) The territory of the dissolved district becomes the
territory of the new district.
(2) Any outstanding tax levy in force in the dissolved
district shall be spread over the territory of the new district
and shall remain in force in the new district until the levy
expires or is renewed.
(3) Any funds of the dissolved district shall be paid over
in full to the new district.
(4) Any net indebtedness of the dissolved district shall
be
assumed in full by the new district. As used in division
(A)(4)
of this section, "net indebtedness" means the difference
between
the par value of the outstanding and unpaid bonds and
notes of the
dissolved district and the amount held in the
sinking fund and
other indebtedness retirement funds for their
redemption.
When a county school financing district is dissolved and a
cooperative education school district is established under this
section, the governing board of the educational service center
that created the dissolved district shall give written notice of
this fact to the county auditor and the board of elections of
each
county having any territory in the new district.
(B) The resolutions adopted under division (A) of this
section shall include all of the following provisions:
(1) Provision that the governing board of the educational
service center which
created the county school
financing
district
shall be the board of education of the cooperative
education
school district, except that provision may be made for
the
composition, selection, and terms of office of an alternative
board of education of the cooperative district, which board shall
include at least one member selected from or by the members of
the
board of education of each city, local, and exempted village
school
district and at least one member selected from or by the
members of the educational service center governing board within
the territory
of the cooperative district;
(2) Provision that the treasurer and superintendent of the
educational service center which created the
county school
financing
district shall be the treasurer and superintendent of
the
cooperative education school district, except that provision
may
be made for the selection of a treasurer or superintendent of
the
cooperative district other than the treasurer or
superintendent
of the educational service center, which provision
shall require one of the
following:
(a) The selection of one person as both the treasurer and
superintendent of the cooperative district, which provision may
require such person to be the treasurer or superintendent of any
city, local, or exempted village school district or educational
service center
within the territory of the cooperative district;
(b) The selection of one person as the treasurer and
another
person as the superintendent of the cooperative district,
which
provision may require either one or both such persons to be
treasurers or superintendents of any city, local, or exempted
village school districts or educational service center
within the
territory of the
cooperative district.
(3) A statement of the educational program the board of
education of the cooperative education school district will
conduct, including but not necessarily limited to the type of
educational program, the grade levels proposed for inclusion in
the program, the timetable for commencing operation of the
program, and the facilities proposed to be used or constructed to
be used by the program;
(4) A statement of the annual amount, or the method for
determining that amount, of funds or services or facilities that
each city, local, and exempted village school district within the
territory of the cooperative district is required to pay to or
provide for the use of the board of education of the cooperative
education school district;
(5) Provision for adopting amendments to the provisions of
divisions (B)(2) to (4) of this section.
(C) If the resolutions adopted under division (A) of this
section provide for a board of education of the cooperative
education school district that is not the governing board
of the
educational service center that created the county school
financing district, each board of education of each city, local,
or
exempted village school district and the governing board of
the
educational service center within the territory
of the cooperative
district shall, within thirty days after the
date on which the
last resolution is filed with the
educational service center
governing
board under division (A) of this section, select one or
more
members of the board of education of the cooperative district
as
provided in the resolutions filed with the educational
service
center governing board.
Each such board shall immediately notify
the educational
services
service center governing board
of each
such selection.
(D) Except for the powers and duties in this chapter and
Chapters
124., 3317., 3318., 3323., and 3331. of the Revised
Code,
a cooperative education school district established
pursuant to
divisions (A) to (C) of this section or pursuant to
section
3311.521 of the Revised Code has all the powers of a city
school
district and its board of education has all the powers and
duties
of a board of education of a city school district with
respect to
the educational program specified in the resolutions
adopted under
division (A) of this section. All laws applicable
to a city
school district or the board of education or the
members of the
board of education of a city school district,
except such laws in
this chapter and Chapters
124., 3317., 3318.,
3323., and 3331. of
the Revised Code, are applicable to a
cooperative education school
district and its board.
The treasurer and superintendent of a cooperative education
school district shall have the same respective duties and powers
as a treasurer and superintendent of a city school district,
except for any powers and duties in this chapter and Chapters
124., 3317., 3318., 3323., and 3331. of the Revised Code.
(E) For purposes of this title, any student included in
the
formula ADM certified
for any city, exempted
village, or local
school district under section 3317.03 of the
Revised Code by
virtue of being counted, in whole or in part, in
the average daily
membership of a cooperative education school
district under
division (A)(2)(f) of that section shall be
construed to be
enrolled both in that city, exempted village, or
village
local
school district and in that cooperative education
school
district.
This division shall not be construed to mean that any
such
individual student may be counted more than once for
purposes of
determining the average daily membership of any one
school
district.
Sec. 3311.72. This section does not apply to any principal,
assistant
principal, or other administrator who is employed to
perform administrative
functions primarily within one school
building.
(A) On the effective date of the assumption of
control of a
municipal school
district by the new board of education pursuant
to division
(B) of section 3311.71 of the
Revised Code, the
treasurer, business
manager, superintendent, assistant
superintendents, and other
administrators of the school district
shall submit their resignations
to the board. As used in this
section, "other administrator"
has the same meaning as in section
3319.02 of the
Revised Code.
(B) Notwithstanding Chapter 3319. of the Revised Code:
(1) Until thirty months after the date of the assumption of
control of a municipal
school district by a board pursuant to
division (B) of section
3311.71 of the Revised Code, the mayor
shall
appoint the chief executive officer and fill any
vacancies
occurring in that position.
(2) After the board appointed pursuant to division
(B) of
section 3311.71 of the
Revised Code
has been in control of a
municipal school district for thirty months, the
mayor
shall
appoint the chief executive officer and fill any vacancies
occurring in
that position, with the concurrence of the board.
(3) After the first date of the assumption of control of a
municipal
school district by a board pursuant to division (F) of
section
3311.71
of the Revised Code, the board shall
appoint the
chief executive officer and fill any
vacancies occurring in that
position, with the concurrence of the mayor.
(4) An individual appointed to the position of chief
executive officer
under division (B)(1), (2), or (3) of this
section shall
have a contract with the school district that
includes such
terms and conditions of employment as are agreeable
to the
board and the appointee, except that each such
contract
shall contain a provision stating that, unless the
individual
chooses to terminate the contract at a prior time:
(a) During the first thirty months after the date of the
assumption of control of the municipal school district by the
board pursuant
to division (B) of section 3311.71 of the
Revised
Code, the individual will serve at
the pleasure of the mayor;
(b) Beginning thirty months after the date of assumption of
control, the individual will serve at the pleasure of the board,
with the
mayor's concurrence required for removal.
(C) The chief executive officer shall appoint a chief
financial
officer, a chief academic officer, a chief operating
officer, and a chief
communications officer and any other
administrators for the district as the
chief executive officer
shall determine to be necessary. The chief executive
officer
shall also appoint ombudspersons who shall answer questions and
seek to resolve problems and concerns raised by parents and
guardians of
children attending district schools. The chief
executive officer shall
appoint a sufficient number of
ombudspersons to serve the needs of the parents
and guardians.
A municipal school district is not required to have a
superintendent
appointed pursuant to section 3319.01 of the
Revised Code or a treasurer elected pursuant to
section 3313.22 of
the Revised Code. In addition to the
rights, authority, and
duties
conferred upon the chief executive officer and chief
financial officer in
sections 3311.71 to 3311.76 of the Revised
Code, the chief executive officer
and the chief
financial officer
shall have all of the rights, authority, and duties
conferred
upon
the superintendent of a school district and the treasurer of a
board of
education, respectively, by the Revised Code that are not
inconsistent with sections 3311.71 to 3311.76 of the Revised Code.
(D) Notwithstanding
Chapters 124. and
Chapter 3319. of the
Revised Code, an
individual appointed to an administrative
position in a municipal school
district by its chief executive
officer shall have a contract with the school
district that
includes such
terms and conditions of employment as are agreeable
to the chief executive
officer and the appointee, except that each
such contract shall contain a
provision stating that, unless the
appointee chooses to terminate the contract
at a prior time, the
appointee will serve at the pleasure of the chief
executive
officer.
(E) The chief executive officer shall also contract for or
employ
such consultants, counsel, or other outside parties as in
the chief executive
officer's reasonable judgment shall be
necessary to design, implement, or
evaluate the plan required by
section 3311.74 of
the Revised Code and to properly operate the
school district, subject to appropriations by the board.
(F) Notwithstanding section 3301.074 and Chapter 3319.
of
the Revised Code, no person appointed under this section shall be
required
to hold any
license, certificate, or permit.
Sec. 3313.12. Each member of the educational service center
governing board
may be paid such compensation as the governing
board provides by
resolution, provided that any such compensation
shall not exceed
one hundred twenty-five dollars a day plus
mileage both ways, at the rate per mile
provided by resolution of
the governing board,
for attendance
at any
meeting of the board.
Such
compensation and the expenses of the
educational
service
center
superintendent, itemized and
verified, shall be
paid from
the
educational service center governing board fund upon
vouchers
signed by
the
president of the governing board.
The board of education of any city, local, or exempted
village school district
may provide by resolution for compensation
of its
members, provided that such compensation shall not exceed
one hundred twenty-five
dollars per member for meetings
attended.
The board may provide by resolution for the deduction of
amounts
payable for benefits under section
3313.202 of the
Revised Code.
Each member of a district board or educational service center
governing board may be paid such compensation as the respective
board provides by resolution for attendance at an approved
training
program, provided that such compensation shall not exceed
sixty
dollars a day for attendance at a training program three
hours or
fewer in length and one hundred twenty-five dollars a day
for
attendance at a training program longer than three hours in
length.
Sec. 3313.20. (A) The board of education of a school district or the
governing board of an educational service center shall may make any
rules that are necessary for its government and the government of
its employees, pupils of its schools, and all other persons
entering upon its school grounds or premises. Rules regarding
entry of persons other than students, staff, and faculty upon
school grounds or premises shall may be posted conspicuously at or
near the entrance to the school grounds or premises, or near the
perimeter of the school grounds or premises, if there are no
formal entrances, and at the main entrance to each school
building.
(B)(1) The board of education of each city, local,
exempted village, or joint vocational school district may adopt a
written policy that authorizes principals of public schools
within the district or their designees to do one or both of the
following:
(a) Search any pupil's locker and the contents of the
locker that is searched if the principal reasonably suspects that
the locker or its contents contains evidence of a pupil's
violation of a criminal statute or of a school rule;
(b) Search any pupil's locker and the contents of any
pupil's locker at any time if the board of education posts in a
conspicuous place in each school building that has lockers
available for use by pupils a notice that the lockers are the
property of the board of education and that the lockers and the
contents of all the lockers are subject to random search at any
time without regard to whether there is a reasonable suspicion
that any locker or its contents contains evidence of a violation
of a criminal statute or a school rule.
(2) A board of education's adoption of or failure to adopt
a written policy pursuant to division (B)(1) of this
section does
not prevent the principal of any school from searching at any
time the locker of any pupil and the contents of any locker of
any pupil in the school if an emergency situation exists or
appears to exist that immediately threatens the health or safety
of any person, or threatens to damage or destroy any property,
under the control of the board of education and if a search of
lockers and the contents of the lockers is reasonably necessary
to avert that threat or apparent threat.
(C) Any employee may receive compensation and expenses for
days on which he the employee is excused, in accordance with the
policy statement of the board, by the superintendent of
such board or by a responsible administrative official designated
by the superintendent for the purpose of attending professional
meetings as defined by the board policy, and the board may
provide and pay the salary of a substitute for such days. The
expenses thus incurred by an employee shall be paid by the board
from the appropriate fund of the school district or the
educational service center governing
board fund provided that statements of expenses are furnished in
accordance with the policy statement of the board.
(D) Each city, local, and exempted village school district
shall may adopt a written policy governing the attendance of
employees at professional meetings.
Sec. 3313.202. Any elected or appointed member of the board of
education of a school district and the dependent children and spouse of the member may
be covered, at the option of the member, under any medical plan designed by the school employees health care board under
section 9.901 of the Revised Code. The member shall pay all premiums for that coverage. Payments for such coverage shall be made, in advance,
in a manner prescribed by the school employees health care board. The member's exercise of an
option to be covered under this section shall be in writing,
announced at a regular public meeting of the board of education, and recorded
as a public record in the minutes of the board. (A) The board of education of a school district may procure and pay all or part of the cost of group term life, hospitalization, surgical care, or major medical insurance, disability, dental care, vision care, medical care, hearing aids, prescription drugs, sickness and accident insurance, group legal services, or a combination of any of the foregoing types of insurance or coverage, whether issued by an insurance company or a health insuring corporation duly licensed by this state, covering the teaching or nonteaching employees of the school district, or a combination of both, or the dependent children and spouses of such employees.
(B) The board may provide the benefits described in this section through an individual self-insurance program or a joint self-insurance program as provided in section 9.833 of the Revised Code.
Sec. 3313.33. (A) Conveyances made by a board of education
shall be executed by the president and treasurer thereof.
(B) Except as provided in division (C) of this section, no member of the board shall have, directly or indirectly, any
pecuniary interest in any contract of the board or be employed in
any manner for compensation by the board of which the person
is a member. No contract shall be binding upon any board unless it is made or
authorized at a regular or special meeting of such board.
(C) A member of the board may have a pecuniary interest in a contract of the board if all of the following apply:
(1) The member's pecuniary interest in that contract is that the member is employed by a political subdivision, instrumentality, or agency of the state that is contracting with the board;
(2) The member does not participate in any discussion or debate regarding the contract or vote on the contract;
(3) The member files with the school district treasurer an affidavit stating the member's exact employment status with the political subdivision, instrumentality, or agency contracting with the board.
(D) This section does not apply where a member of the board,
being a shareholder of a corporation but not being an officer or
director thereof, owns not in excess of five per cent of the
stock of such corporation. If a stockholder desires to avail
self of the exception, before entering upon such
contract such person shall first file with the treasurer an affidavit stating
the stockholder's exact status and connection with said
corporation.
This section does not apply where a member of the board
elects to be covered by a medical plan
under section 3313.202 of the Revised Code.
Sec. 3313.53. (A) As used in this section:
(1) "Licensed individual" means an individual who holds a valid educator license, certificate, or permit issued by the state board of education under section 3319.22, 3319.26, 3319.27, 3319.302, or 3319.304 of the Revised Code.
(2) "Nonlicensed individual" means an individual who does not hold a valid educator license, certificate, or permit issued by the state board of education under section 3319.22, 3319.26, 3319.27, 3319.302, or 3319.304 of the Revised Code.
(B) The board of education of any city, exempted
village, or local school district may establish and maintain in
connection with the public school systems:
(1) Manual training, industrial arts, domestic science,
and commercial departments;
(2) Agricultural, industrial, vocational, and trades
schools.
Such board may pay from the public school funds, as other
school expenses are paid, the expenses of establishing and
maintaining such departments and schools and of directing,
supervising, and coaching the pupil-activity programs in music,
language, arts, speech, government, athletics, and any others
directly related to the curriculum.
(C) The board of education of any city, exempted village, or
local school district may employ a nonlicensed individual to
direct, supervise, or coach a pupil-activity program as long as that individual holds a valid pupil-activity program permit issued by the state board of education under division (A) of section 3319.303 of the Revised Code.
(D)(1) Except as provided in division (D)(2) of this section, a nonlicensed individual who holds a valid pupil-activity program permit may be employed under division (C) of this section only
after the school district's board of education adopts a
resolution stating that it has offered such position to those
employees of the district who are licensed individuals and no such
employee qualified to fill the position has accepted it, and has
then advertised the position as available to any licensed individual who is qualified to fill it and who is not
employed by the board, and no such person has applied for and
accepted the position.
(2) A board of education may renew the contract of any nonlicensed individual, currently employed by the board under division (C) of this section for one or more years, without first offering the position held by that individual to employees of the district who are licensed individuals or advertising the position as available to any qualified licensed individuals who are not currently employed by the board as otherwise required under division (D)(1) of this section.
(E) A nonlicensed individual employed under this section
is a nonteaching employee and is not an educational assistant as
defined in section 3319.088 of the Revised Code. A nonlicensed individual may direct, supervise, or coach a pupil-activity program under this section as long as that pupil-activity program does not include any class or
course required or offered for credit toward a pupil's promotion
to the next grade or for graduation, or any activity conducted as
a part of or required for such a class or course. A
nonlicensed individual employed under this section may
perform only the duties of the director, supervisor, or coach of
the pupil-activity program for which the nonlicensed
individual is employed.
(F)(E) The board shall may fix the compensation of each nonlicensed
individual employed under this section, which shall be the same amount as the
position was or would be offered to the district's licensed employees,
and execute a written contract with the nonlicensed
individual for a term not to exceed
one year. The contract shall may specify the compensation, duration,
and other terms of employment, and the compensation shall not be
reduced unless such reduction is a part of a uniform plan
affecting the entire district.
If the state board suspends, revokes, or limits the pupil-activity program permit of a nonlicensed individual, the school district board may terminate or suspend the employment contract of that individual. Otherwise, no contract issued under this
section shall be terminated or suspended except pursuant to the
procedure established by division (C) of section 3319.081 of the
Revised Code.
Sec. 3313.604. For purposes of this section, American sign language is hereby
recognized as a foreign language, and any public or chartered nonpublic school
may offer a course in American sign language. A student who successfully
completes a course in American sign language is entitled to receive may be granted credit for
that course toward satisfaction of a foreign language requirement of the
public or chartered nonpublic school where the course is offered.
Sec. 3313.665. In order to promote a safe and healthy school setting and
enhance the educational environment, a code of conduct or discipline policy
adopted by a board of education may include a reasonable dress code, or may
establish a school uniform to be worn by the students attending one or more
district schools. Any such dress code or uniform policy shall be included in
the code of conduct or discipline policy only if all of the following
conditions are met:
(A) Any specific uniform selected for a school shall be
determined by the district board after affording ample opportunity for
principal, staff, and parents to offer suggestions and comments.
(B) No specific uniform shall be required in any school until the
parents of the students in the school have been given six months notice.
(C) No specific uniform shall be required in any school unless
the board includes in the policy adopted under this section a procedure to
assist parents of economically disadvantaged students to obtain uniforms.
This procedure may include using school district funds or funds from other
sources to provide this assistance.
(D) Any policy requiring uniforms shall provide exceptions for
students participating in a nationally recognized youth organization that
establishes its own uniforms, on those days that such organization has a
scheduled function.
Sec. 3313.751. (A) As used in this section:
(1) "School district" means a city, local, exempted
village, or joint vocational school district.
(2) "Smoke" means to burn any substance containing
tobacco, including a lighted cigarette, cigar, or pipe, or to
burn a clove cigarette.
(3) "Use tobacco" means to chew or maintain any substance
containing tobacco, including smokeless tobacco, in the mouth to
derive the effects of tobacco.
(B) No pupil shall smoke or use tobacco or possess any
substance containing tobacco in any area under the control of a
school district or an educational service center or at any activity supervised
by any school
operated by a school district or an educational service center.
(C) The board of education of each school district and the governing board of
each educational service center shall
adopt a policy providing for the enforcement of division (B) of
this section and establishing disciplinary measures for a
violation of division (B) of this section.
Sec. 3313.79. Any organization or group of citizens permitted to use the
properties specified in section 3313.76 of the Revised Code a school district or educational service center shall be
responsible for any damage done them over and above the ordinary wear, and
shall, if required, pay the actual expenses incurred for janitor service,
light, and heat.
Sec. 3313.81. The board of education of any city, exempted
village, or local school district may establish food service,
provide facilities and equipment, and pay operating costs in the
schools under its control for the preparation and serving of
lunches, and other meals or refreshments to the pupils, employees
of the board of education employed therein, and to other persons
taking part in or patronizing any activity in connection with the
schools. A board of education that operates such a food service
may also provide meals at cost to residents of the school
district who are sixty years of age or older or may contract with
public or private nonprofit organizations providing services to
the elderly to provide nutritious meals for persons who are sixty
years of age or older. Restrictions or limitations upon the
privileges or use of facilities by any pupil, employee, person
taking part in or patronizing a school-related activity, or
elderly person must be applied equally to all pupils, all
employees, all persons taking part in or patronizing a
school-related activity, or elderly persons, respectively, except
that a board may expend school funds other than funds from
federally reimbursed moneys or student payments to provide meals
at no charge to senior citizens performing volunteer services in
the district's schools in accordance with a volunteer program
approved by the board.
Such facilities shall be under the management and control
of the board and the operation of such facilities for school food
service purposes or to provide meals for the elderly shall not be
for profit. In the operation of such facilities for school food
service purposes there shall be established a food service fund
in the treasurer's cash journal, which shall be separate from all
other funds of the board. All receipts and disbursements in
connection with the operation of food service for school food
service purposes and the maintenance, improvement, and purchase
of equipment for school food service purposes shall be paid
directly into and disbursed from the food service fund which
shall be kept in a legally designated depository of the board.
Revenues for the operation, maintenance, improvement, and
purchase of equipment shall be provided by the food service fund,
appropriations transferred from the general fund, federal funds,
and from other proper sources. Records of receipts and
disbursements resulting from the provision of meals for the
elderly shall be separately maintained, in accordance with
section 3313.29 of the Revised Code.
The enforcement of this section shall be under jurisdiction
of the state board of education.
Sec. 3313.871. (A) By a majority vote of its members, a board of education
may appropriate from the general fund an amount sufficient to pay annual
membership dues and service fees to one or more accrediting associations that
have the purpose of improving education. Such annual membership dues and
service fees shall not exceed in the aggregate five
hundred
dollars per public
school evaluated for accreditation in the district.
(B) In addition to the expenditures authorized under division (A) of this
section, a board of education may pay the necessary and proper expenses
associated with accreditation activities and school evaluations. A board of
education may pay an employee the employee's regular salary
during the employee's service as an
evaluator of a school in another school district.
Sec. 3313.96. (A) As used in this section, "minor,"
"missing child," and "missing children" have the same meanings as
in section 2901.30 of the Revised Code.
(B) Each board of education shall may develop within its
district informational programs for students, parents, and
community members relative to missing children issues and
matters. Each of these boards may request copies of the
informational materials acquired or prepared by the missing
children clearinghouse pursuant to section 109.65 of the Revised
Code and may request assistance from the clearinghouse in
developing its programs.
The principal or chief administrative officer of a
nonpublic school in this state may develop within his the
principal's or officer's school informational programs relative to missing
children issues and matters for students, parents, and community members. The
principal or officer may request copies of the informational
materials acquired or prepared by the missing children
clearinghouse and may request assistance from the clearinghouse
in developing its programs.
(C) Each board of education may develop a fingerprinting
program for students and minors within the district. The
principal or chief administrative officer of a nonpublic school
in this state may develop a fingerprinting program for students
of the school. If developed, the program shall be developed in
conjunction with law enforcement agencies having jurisdiction
within the school district or where the nonpublic school is
located and, in the case of a local school district, in
conjunction with the governing board of the educational service center. Such
law enforcement agencies shall
cooperate fully
with the board or nonpublic school in the development of its
fingerprinting program.
If developed, the fingerprinting program shall be developed
for the sole purpose of providing a means by which a missing
child might be located or identified and shall be operated on the
following basis:
(1) No student or minor shall be required to participate
in the program.
(2) In order for a student or minor to participate in the
program, the parents, parent who is the residential parent and
legal custodian, guardian, legal custodian, or other person
responsible for the student or minor shall authorize the
student's or minor's participation by signing a form that shall
be developed by the board of education or by the principal or
chief administrative officer of the nonpublic school, for the
program.
(3) The fingerprinting of students or minors shall be
performed by members of the associated law enforcement agencies
on fingerprint sheets provided to the school districts or
nonpublic schools by the bureau of criminal identification and
investigation pursuant to section 109.58 of the Revised Code or
on fingerprint sheets or cards otherwise acquired.
(4) All fingerprint cards shall be given to the parents,
parent who is the residential parent and legal custodian,
guardian, legal custodian, or other person responsible for a
student or minor after the fingerprinting of the student or
minor. No copy of a fingerprinting shall be retained by a law
enforcement agency, school, school district, or any other person
except the student or minor's parent, guardian, or legal
custodian.
(5) The name, sex, hair and eye color, height, weight, and
date and place of birth of the student or minor shall be
indicated on the fingerprint sheet or card.
(6) The fingerprinting program developed pursuant to this
section shall be offered on a periodic basis. Parents,
guardians, legal custodians, and residents of the districts or in
the communities served by the schools shall be notified
periodically of the program and its purpose. These notifications
may be given by means of memoranda or letters sent to these
persons, by newspaper articles, or by other reasonable means.
(D) This section does not affect any fingerprinting
programs for minors that are provided by private organizations or
governmental entities other than school districts.
Sec. 3313.975. As used in this section and in sections
3313.975 to 3313.979 of the Revised Code, "the pilot project
school district"
or "the
district" means any school district included in the pilot project scholarship
program pursuant to this section.
(A) The superintendent of public instruction
shall establish a pilot project
scholarship program and shall include in such program any
school districts that are or have ever been under federal
court order requiring supervision and
operational management of the district by the state superintendent. The
program shall provide for a number of students
residing in any such district to receive scholarships to attend
alternative schools, and for an equal number of students to
receive tutorial assistance grants while attending public school
in any such district.
(B) The state superintendent shall establish an application
process and deadline for accepting applications from students residing in
the district to participate in the scholarship program. In the
initial year of the program students may only use a scholarship
to attend school in grades kindergarten through third.
The state superintendent shall award as many scholarships and tutorial
assistance grants as can be funded given the amount appropriated
for the program. In no case, however, shall more than fifty per
cent of all scholarships awarded be used by students who were
enrolled in a nonpublic school during the school year of
application for a scholarship.
(C)(1) The pilot project program shall
continue in
effect each year that the general assembly has appropriated
sufficient money to fund scholarships and tutorial assistance
grants. In each year the program continues, no new students may
receive scholarships unless they are enrolled in grades
kindergarten to eight. However, any student who
has
received a scholarship the preceding year may continue to receive
one until the student has completed grade ten. Beginning in the 2005-2006 academic year, a student who previously has received a scholarship may receive a scholarship in grade eleven. Beginning in the 2006-2007 academic year, a student who previously has received a scholarship may receive a scholarship in grade twelve.
(2) If the general assembly discontinues the scholarship
program, all students who are attending an alternative school
under the pilot project shall be
entitled to continued admittance to that specific school through
all grades that are provided in
such school, under the same conditions
as when they were participating in the pilot project. The
state superintendent shall continue to make scholarship payments in
accordance with division
(A) or (B) of section 3313.979 of the
Revised Code for students who remain enrolled
in an alternative school under this provision in any year that
funds have been appropriated for this purpose.
If funds are not appropriated, the tuition charged to the parents
of a student who remains enrolled
in an alternative school under this provision shall not be
increased beyond the amount equal to the amount of the
scholarship plus any additional amount charged that student's parent in the
most recent year of attendance as a
participant in the pilot project, except that tuition for all the
students enrolled in such school may be increased by the same
percentage.
(D) Notwithstanding sections 124.39, section 3307.54,
and 3319.17 of the Revised Code, if the pilot
project school district experiences a decrease in enrollment due
to participation in a state-sponsored
scholarship program pursuant to sections 3313.974 to 3313.979 of
the Revised Code, the district board of education may
enter into an agreement with any teacher it employs to provide to
that teacher severance pay or early retirement incentives, or
both, if the teacher agrees to terminate the employment contract
with the district board, provided any collective bargaining
agreement in force pursuant to Chapter 4117. of the
Revised Code does not prohibit such an agreement
for termination of a teacher's employment contract.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction.
(A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
3313.80,
3313.96,
3319.073, 3319.313, 3319.314, 3319.315, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code;
(e) The school shall comply with Chapter 102. and section 2921.42 of
the
Revised Code;
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code that a person
must successfully
complete the curriculum
in
any high school prior
to receiving a
high school diploma may be
met by completing the
curriculum adopted by the
governing
authority of the community
school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education. Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the Ohio core curriculum prescribed in division (C) of section 3313.603 of the Revised Code, unless the person qualifies under division (D) or (F) of that section. Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, adopted by the state board of education under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four months after the end of each school year a
report
of
its activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district.
(12) Arrangements for providing any health and other benefits provided
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of the subsidy calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in sections 3314.06 and 3314.061
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.09.
(A) As used in this section
and section
3314.091
of the Revised Code,
"native student" means a
student
entitled to
attend school in the school district under section
3313.64
or
3313.65 of the Revised Code.
(B) Except as provided in section 3314.091 of the
Revised
Code, the The board of
education of each
city, local, and
exempted
village school district shall may provide
transportation to
and from
school for its district's native students
in accordance with section
3327.01 of the Revised Code.
Sec. 3314.091.
(A) A school district is not required to
provide
transportation
for any native student enrolled in a
community school if the district board
of education has entered may enter
into an agreement with the
community school's governing authority
that designates the
community school as responsible for providing
or arranging for the
transportation of the district's native
students to and from the community
school. For any such
agreement
to be effective, it must be certified by the
superintendent of
public instruction
as having met
all of the following
requirements:
(1) It is submitted to the
department
of education
by a
deadline which shall be established by the
department.
(2) It specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged.
(3) The transportation provided by the community school is
subject to all provisions of the Revised Code and all rules
adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the
agreement.
(B)(1) A community school governing
authority that
enters into
an agreement to provide transportation under this
section shall
provide or arrange transportation free of any charge
for each of
its enrolled students
eligible for transportation as
specified in section 3327.01 of the Revised Code.
The governing
authority may
provide or arrange
transportation for any other enrolled student
who is not eligible
for transportation
and may charge a fee
for such service
up to the
actual cost of the service.
(2) Notwithstanding anything to the contrary in division
(B)(1) of this section, a community school governing
authority shall
provide or arrange transportation free of any
charge for any
disabled student enrolled in the school for whom
the student's
individualized education program developed under
Chapter 3323. of
the Revised Code specifies transportation.
(C)(1) If a school district board and a community school
governing authority elect to enter into an
agreement
under this
section, the department of education annually shall pay
the
community school the amount specified in division (C)(2) of this
section
for each of the enrolled
students for whom the school's
governing
authority provides or arranges
transportation to and
from school.
The department shall deduct the payment from the
state payment under Chapter 3317. and, if
necessary, sections
321.14 and 323.156 of the Revised Code that is otherwise paid to
the school district in which the student enrolled in the community
school resides.
The
department shall
include the number of the
district's native
students for whom
payment is made to a community
school under this division in the
calculation of the
district's
transportation payment under
division
(D) of section
3317.022 of
the Revised Code.
A community school shall be paid under this division only for
students who
are eligible
as specified in section 3327.01 of the Revised Code or who are
disabled and whose individualized education program requires
transportation and whose
transportation
to and from school is
actually provided or arranged
or for whom a payment in lieu of
transportation is made by the
community school's governing
authority.
To
qualify for
the
payments, the community school
shall report to
the department, in
the form
and
manner required
by the department, data
on the
number of students transported or
whose transportation is
arranged, the
number of miles traveled,
cost to transport, and any
other information requested by the
department.
A community school shall use payments received under this
division solely
to pay the costs of providing or arranging for the
transportation of students who
are eligible as specified in section 3327.01 of the Revised
Code or who are disabled and whose individualized education
program requires transportation, which may
include payments to a
parent, guardian,
or other
person in charge
of a child in lieu of
transportation.
(2) The payment to a community school governing authority
under this section for
eligible students shall be made
according to the
terms of the agreement entered into
under this section.
(D) Except when arranged through payment to a parent,
guardian,
or person in charge of a child, transportation provided
or arranged for by a
community school
pursuant to an agreement
under this section is subject to all
provisions of the Revised
Code, and all rules adopted under
the Revised
Code, pertaining to
the
construction,
design, equipment, and
operation of school buses
and other vehicles
transporting students
to and from school. The
drivers and
mechanics of the vehicles are
subject to all
provisions of the
Revised Code, and all rules
adopted under the
Revised Code, pertaining to
drivers
and mechanics of such
vehicles. The community school also shall
comply
with sections
3313.201, 3327.09, and 3327.10 and division
(B)
of section 3327.16
of the Revised Code as if it were a
school
district. For purposes
of complying with section 3327.10 of the
Revised Code, the
educational
service center that serves the
county in which the
community
school is located shall be the
certifying agency, unless
the
agreement designates the school
district as the certifying
agency.
Sec. 3315.062. (A) The board of education of any school
district may expend moneys from its general revenue fund for the
operation of such student activity programs included in the program of each
school district as authorized by its board of education. Such
expenditure shall not exceed five-tenths of one per cent of the
board's annual operating budget.
(B) If more than fifty dollars a year is received through
a student activity program, the moneys from such program shall may be
paid into an activity fund established by the board of education
of the school district. The board shall may adopt regulations
governing the establishment and maintenance of such fund,
including a system of accounting to separate and verify each
transaction and to show the sources from which the fund revenue
is received, the amount collected from each source, and the
amount expended for each purpose. Expenditures from the fund
shall may be subject to approval of the board.
(C) The board of education of any school district may
purchase accident insurance for pupils participating in school
athletic programs for which the school district is authorized to
expend public money. The board also may, to the extent it
considers necessary, establish a self-insurance plan for the
protection of such pupils against loss or expense resulting from
bodily injury or death by accident, or for the payment of any
deductible under a policy of accident insurance procured pursuant
to this division.
Sec. 3315.09. The boards of education of any city,
exempted village, local, or joint vocational school
districts or the governing boards of educational service centers may
enter into contracts for a term not exceeding one
year, upon such terms as each board deems expedient, with each
other, or with the trustees or other authorized officials of any
college or university, legally organized, for the purpose of
obtaining in such school district or educational service center instruction in
the special,
technical, professional, or other advanced studies which may be
pursued in such college or university beyond the scope of the
public high school. In like manner such boards may contract for
a term, not exceeding one year, with each other or with a private
corporation or association not for profit, maintaining and
furnishing a museum of art, science, or history, or providing
musical instruction, for the purpose of obtaining in such school
district or educational service center such instruction or other educational
services as can be
rendered to the schools by such private corporation or
association.
Sec. 3315.091. The boards of education of any city, exempted
village, local,
or joint vocational school districts or the
governing boards of
educational service centers may enter into
contracts
for a
term not exceeding one year, upon such terms as
each board deems expedient,
with each other, or with a
private
driver training school licensed under section
4508.03 of the
Revised Code, for the purpose of providing instruction in
driver
education under section 3301.17 of the Revised Code.
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
November 21, 1997.
In making reductions in force, the commission shall first
consider
reasonable reductions among the administrative and
non-teaching
nonteaching 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. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as possible after such amounts are calculated, the superintendent shall certify to the treasurer of each school district the district's adjusted charge-off increase, as defined in section 5705.211 of the Revised Code. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2007, payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2007, payments shall be calculated to reflect the biannual reporting of average daily membership. In fiscal year 2007 and in each fiscal year thereafter, annualized periodic payments for each school district shall be based on the district's student counts certified pursuant to section 3317.03 of the Revised Code as follows:
the sum of one-half of the number of students reported
for the first full week in October plus one-half of the
average of the numbers reported for the first full week
in October and for the first full week in February
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3319.01. Except in an island school district, where
the superintendent of an educational service center otherwise may serve as
superintendent of the district and except as otherwise provided for any
cooperative education school district pursuant to division (B)(2)
of section 3311.52 or division (B)(3) of section 3311.521 of the
Revised Code, the board of education in each school district
and the governing board of each service center shall, at a regular or special
meeting held not later than the first day of May of the calendar year in which
the term of the superintendent expires, appoint a person possessed of the
qualifications provided in this section to act as superintendent, for a term
not longer than five years beginning the first day of August and ending on the
thirty-first day of July. Such superintendent is, at the
expiration of a current term of employment, deemed reemployed
for a term of one year at the same salary plus any increments
that may be authorized by the board, unless such
board, on or before the first day of March of the year in which
the contract of employment expires, either reemploys the
superintendent for a succeeding term as provided in this section
or gives to the superintendent written notice of its intention not
to reemploy the superintendent. A superintendent may not be
transferred to any other position during the term of the superintendent's
employment or reemployment except by mutual agreement by the superintendent
and the board. If a vacancy occurs in the office of superintendent, the board
shall appoint a superintendent for a term not to exceed five years from the
next preceding first day of August.
A board may 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 the contract of
employment of a superintendent expires and ending on the first
day of March of the year it expires, reemploy such superintendent
for a succeeding term for not longer than five years, beginning
on the first day of August immediately following the expiration
of the superintendent's current term of employment and
ending on the thirty-first day of July of the year in which such succeeding
term expires. No person shall be appointed to the office of superintendent of
a city, or exempted village school district or a service center who does not
hold a license designated for being a superintendent issued under section
3319.22 of the
Revised Code, unless such person had been employed as a county, city, or
exempted village superintendent prior to August 1, 1939. No person shall be
appointed to the office of local superintendent who does not
hold a license designated for being a superintendent issued under section
3319.22 of the Revised Code, unless such person held or was
qualified to hold the position of executive head of a local
school district on September 16, 1957. At the time of making
such appointment or designation of term, such board shall fix the
compensation of the superintendent, which may be increased or
decreased during such term, provided such decrease is a part of a
uniform plan affecting salaries of all employees of the district,
and shall execute a written contract of employment with such
superintendent.
Each board shall may adopt procedures for the
evaluation of its superintendent and shall may evaluate its
superintendent in accordance with those procedures. An
evaluation based upon such procedures shall be considered by the
board in deciding whether to renew the superintendent's contract. 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 or failure to renew of a
superintendent's contract.
Termination of a superintendent's contract shall be
pursuant to section 3319.16 of the Revised Code.
A board may establish vacation leave for its
superintendent. Upon the superintendent's separation from
employment a board that has such leave may provide compensation at the
superintendent's current rate of pay for all lawfully accrued and unused
vacation leave to the superintendent's
credit 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 a
superintendent, such unused vacation leave as the board would
have paid to this superintendent upon separation shall be
paid in accordance with section 2113.04 of the Revised Code, or
to the superintendent's estate.
Notwithstanding section 9.481 of the Revised Code, the board of a city, local, exempted village, or joint vocational school district may require its superintendent, as a condition of employment, to reside within the boundaries of the district.
The superintendent shall be the executive officer for the board. The
superintendent shall direct and assign teachers and other employees of the
district or service center, except as provided in
division (B) of section 3313.31 and section 3319.04 of the Revised Code; assign the pupils to the proper schools
and grades, provided that the
assignment of a pupil to a school outside of the pupil's district of residence
is approved by the board of the district of residence of such pupil;
and perform such other duties as the board determines.
The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for the superintendent position authorized under this section.
Sec. 3319.011. If a board of education determines the
superintendent is incapacitated in such a manner that he the
superintendent is
unable to perform the duties of the office of superintendent, the
board may, by a majority vote of the members of the board,
appoint a person to serve in his the superintendent's place pro
tempore. Each board
of education shall adopt a written policy establishing standards
for determining whether the superintendent is incapacitated, and
shall provide that during During any period in which the superintendent
is incapacitated, he the superintendent may be placed on sick
leave or on leave of
absence and may be returned to active duty status from sick leave
or leave of absence. The superintendent may request a hearing
before the board on any action taken under this section, and he
shall have the same rights in any such hearing as are granted to
a teacher in a board hearing under section 3319.16 of the Revised
Code. The superintendent pro tempore shall perform all of the
duties and functions of the superintendent and shall serve until
the board by majority vote determines the superintendent's
incapacity is removed or until the expiration of the
superintendent's contract or term of office, whichever is sooner.
The superintendent pro tempore may be removed at any time for
cause by a two-thirds vote of the members of the board. The
board shall fix the compensation of the superintendent pro
tempore in accordance with section 3319.01 of the Revised Code.
Sec. 3319.02. (A)(1) As used in this section, "other
administrator" means any 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 would 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;
(c) A business manager appointed under section 3319.03 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,
exempted village, and local 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 board of education of a school district 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.
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 by a board except
pursuant to section 3319.16 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:
(a) Each assistant superintendent, principal, assistant
principal, and other administrator shall be evaluated annually
through a written evaluation process.
(b) The evaluation shall be conducted by the
superintendent or designee.
(c) In order to provide time to show progress in
correcting the deficiencies identified in the evaluation
process,
the evaluation process shall be
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 of an assistant superintendent,
principal, assistant principal, or other administrator's contract
shall be pursuant to section 3319.16 of the Revised
Code. Suspension of any such employee shall be pursuant to section 3319.17
or 3319.171 of the Revised Code.
(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.
In that meeting, the board shall
discuss 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 pursuant to section 3319.17 or
3319.171 of the Revised Code.
(F)(C) 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.
(G)(D) The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for assistant superintendent, principal, assistant principal, and other administrator positions authorized under this section.
Sec. 3319.03. The board of education of each city,
exempted
village, and local school district may create the
position of
business manager. The board shall
appoint such
business
manager who shall serve
pursuant to a contract in accordance
with section 3319.02 of the Revised Code.
In the
discharge of all
official duties, the business manager may
be
directly responsible to the board, or to the superintendent of
schools, as
the board directs at the time of
appointment
to the position. Where such
business manager is responsible to
the superintendent
the
business manager shall be appointed by
the superintendent and confirmed by
the board.
No board of education shall
appoint or confirm as
business
manager any person who does not hold a valid business
manager's
license issued under section 3301.074 of the Revised
Code. If
the business manager fails to maintain a valid license,
the
business manager shall
be removed by the board.
Sec. 3319.04. The business manager shall may have the care and custody of all
property of the school district, real or personal, except moneys, supervise
the construction of buildings in the process of erection, and the maintenance,
operation, and repairs thereof, advertise for bids, and purchase and have
custody of all supplies and equipment authorized by the board.
The business manager shall may
assist in
the preparation of the annual appropriation resolution; shall may appoint and may
discharge, subject to confirmation by the board, noneducational employees, except as provided in division (B) of section 3313.31 of the Revised Code;
and shall may prepare and execute all contracts necessary in carrying out this
section.
Sec. 3319.05. The business manager shall receive such compensation as is
fixed by the board of education before his election, which shall not be
decreased during his term of office.
He The business manager shall give such bond as prescribed by
the board for the faithful discharge of his official duties.
Sec. 3319.06. (A) The board of education of each city, exempted village, or local school district may create the position of internal auditor. Any person employed by the board as an internal auditor shall hold a valid permit issued under section 4701.10 of the Revised Code to practice as a certified public accountant or a public accountant.
(B) The board shall execute a written contract of employment with each internal auditor it employs. The contract shall specify the internal auditor's duties, the salary and other compensation to be paid for performance of those 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. The salary and other compensation prescribed by the contract may be increased by the board during the term of the contract but shall not be reduced during that term unless such reduction is part of a uniform plan affecting employees of the entire district. The term of the initial contract shall not exceed three years. Any renewal of the contract shall be for a term of not less than two years and not more than five years.
The internal auditor shall be directly responsible to the board for the performance of all duties outlined in the contract. If the board does not intend to renew the contract upon its expiration, the board shall provide written notice to the internal auditor of its intention not to renew the contract not later than the last day of March of the year in which the contract expires. If the board does not provide such notice by that date, the internal auditor shall be deemed reemployed for a term of one year at the same salary plus any increments that may be authorized by the board. Termination of an internal auditor's contract shall be pursuant to section 3319.16 of the Revised Code.
(C) Each board that employs an internal auditor shall adopt procedures for the evaluation of the internal auditor and shall evaluate the internal auditor in accordance with those procedures. The evaluation based upon the procedures shall be considered by the board in deciding whether to renew the internal auditor's contract of employment. The establishment of an evaluation procedure shall not create an expectancy of continued employment. Nothing in this section shall prevent the board from making the final determination regarding the renewal or nonrenewal of the contract of an internal auditor.
Sec. 3319.07.
(A) The board of education of each city,
exempted village,
local, and joint vocational school district
shall may employ the
teachers of the public schools of their
respective districts.
The governing board of each educational service center may
employ special instruction teachers, special education teachers,
and teachers of academic courses in which there are too few
students in each of the constituent local school districts or in
city or exempted village school districts entering into
agreements
pursuant to section 3313.843 of the Revised Code to
warrant each
district's employing teachers for those courses.
When any board makes appointments of teachers,
the teachers
in the employ of the board shall be considered
before new teachers
are chosen in their stead. In
all school districts and in service centers no
teacher
shall be employed unless such person is nominated by the
superintendent of such district or center. Such board, by a
three-fourths
vote of its full membership, may re-employ any
teacher whom the superintendent
refuses to appoint.
(B) The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for teacher positions.
Sec. 3319.071. The board of education of any school
district may, by resolution, establish a professional development
program for teachers in accordance with which it may reimburse
teachers employed by the district for all or any part of the cost
incurred by the teacher in the successful completion of a course
or training program in which the teacher enrolled as part of the
development program. The terms and conditions for participation
shall be determined by the board and shall be included in the
resolution establishing the program.
No teacher shall be required to participate in a
professional development program under this section. When a
teacher is participating in such a program, such participation
does not constitute the performance of duties by such teacher in
addition to the teacher's regular teaching duties and is not
subject to section 3319.08 of the Revised Code.
As used in this section, "teacher" has the meaning
contained in division (A) of section 3319.09 of the Revised Code.
Sec. 3319.073. The board of education of each city and
exempted
village school district and the governing
board of each educational service center shall may develop, in
consultation with public or private
agencies or persons involved in child abuse prevention or intervention
programs, a program of in-service training for persons employed by any school
district or service center to work in an elementary school as a nurse,
teacher,
counselor,
school psychologist, or administrator. Each person employed by any school
district or service center to work in an elementary school as a nurse,
teacher, counselor,
school psychologist, or administrator shall complete at least four hours of
in-service training in the prevention of child abuse, violence, and substance abuse and the promotion of positive youth development within two years of commencing
employment with the district or center, and every five years thereafter. A person who is employed by any school district or service center to work in an elementary school as a nurse, teacher, counselor, school psychologist, or administrator on the effective date of this amendment shall complete at least four hours of the in-service training required by this section within two years of the effective date of this amendment and every five years thereafter.
Sec. 3319.075. Once the state board of education adopts professional development standards pursuant to section 3319.61 of the Revised Code, the board of education of each school district shall may use the standards for any of the following purposes:
(A) To guide the design of teacher education programs serving both teacher candidates and experienced teachers;
(B) To guide school-based professional development that is aligned with student achievement;
(C) To determine what types of professional development the school district and the schools within the district should provide;
(D) To guide how state and federal funding for professional development should be spent;
(E) To develop criteria for decision making by the local professional development committees established under section 3319.22 of the Revised Code;
(F) To guide the school district in the hiring of third-party providers of instructional services who use or meet the professional development standards;
(G) To guide all licensed school personnel in developing their own plans for professional growth.
Sec. 3319.08. The board of education of each city,
exempted village, local, and joint vocational school
district and the governing board of each educational service center shall may
enter into written contracts for the employment
and reemployment of all teachers. The board of each such
school district or service center that authorizes compensation in addition to
the base salary stated in the teachers' salary schedule for the
performance of duties by a teacher that are in addition to the
teacher's regular teaching duties, shall may enter into a
supplemental written contract with each teacher who is to perform
additional duties. Such supplemental written contracts shall be
limited contracts. Such written contracts and supplemental
written contracts shall may set forth the teacher's duties and shall may
specify the salaries and compensation to be paid for regular
teaching duties and additional teaching duties, respectively,
either or both of which may be increased but not or diminished
during the term for which the contract is made, except as
provided in section 3319.12 of the Revised Code.
If a board adopts a motion or resolution to
employ a teacher under a limited or continuing contract and the
teacher accepts such employment, the failure of such parties to
execute a written contract shall not void such employment
contract.
Teachers must may be paid for all time lost when the schools in
which they are employed are closed due to an epidemic or other
public calamity, and for time lost due to illness or otherwise
for not less than five days annually as authorized by regulations
which each board shall may adopt.
Contracts for the employment of teachers shall be of two
types, limited contracts and continuing contracts.
(A) A limited contract is:
(1) For a superintendent, a contract for such term as
authorized by section 3319.01 of the Revised Code;
(2) For an assistant superintendent, principal, assistant
principal, or other administrator, a contract for such term as
authorized by section 3319.02 of the Revised Code;
(3) For all other teachers, a contract for a term not to
exceed five years.
(B) A continuing contract is a contract that remains in effect
until the teacher resigns, elects to retire, or is retired
pursuant to former section 3307.37 of the Revised Code, or until it is
terminated or suspended and shall be granted only to the
following:
(1) Any teacher holding a professional, permanent, or life teacher's
certificate;
(2) Any teacher holding a professional educator license
who has completed the applicable one of the following:
(a) If the teacher did not hold a masters degree at the time of
initially receiving a teacher's certificate under former law or an educator
license, thirty semester hours of coursework in the area of licensure or in an
area related to the teaching field since the initial issuance of such
certificate or license, as specified in rules which the state board of
education shall adopt;
(b) If the teacher held a masters degree at the time of initially
receiving a teacher's certificate under former law or an educator license, six
semester hours of graduate coursework in the area of licensure or in an area
related to the teaching field since the initial issuance of such certificate
or license, as specified in rules which the state board of education shall
adopt.
This section applies only to contracts entered into after August 18, 1969.
After the effective date of this amendment, the board of education of a school district or the governing board of an educational service center is not required to enter into a contract with any teacher that is valid until the teacher resigns; however, a board shall honor any such contract that the board entered into prior to that date.
Sec. 3319.081. Except as otherwise provided in division
(G)(E) of this section, in all school districts wherein the
provisions of Chapter 124. of the Revised Code do not apply, the
following employment contract system shall control for employees
whose contracts of employment are not otherwise provided by law:
(A) Newly hired regular nonteaching school employees,
including regular hourly rate and per diem employees, shall may enter
into written contracts for their employment which shall be for a
period of not more than one year. If such employees are rehired,
their subsequent contract shall be for a period of two years.
(B) After the termination of the two-year contract
provided in division (A) of this section, if the contract of a
nonteaching employee is renewed, the employee shall be continued
in employment, and the salary provided in the contract may be
increased but not reduced unless such reduction is a part of a
uniform plan affecting the nonteaching employees of the entire
district.
(C) The contracts as provided for in this section may be
terminated by a majority vote of the board of education. Except as provided in sections 3319.0810 and 3319.172 of the Revised Code, the
contracts may be terminated only for violation of written rules
and regulations as set forth by the board of education or for
incompetency, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, or any other acts of misfeasance, malfeasance,
or nonfeasance. In addition to the right of the board of
education to terminate the contract of an employee, the board may
suspend an employee for a definite period of time or demote the
employee for the reasons set forth in this division. The action
of the board of education terminating the contract of an employee
or suspending or demoting the employee shall be served upon
the employee
by certified mail. Within ten days following the receipt of such
notice by the employee, the employee may file an appeal, in
writing, with the court of common pleas of the county in which
such school board is situated. After hearing the appeal the
common pleas court may affirm, disaffirm, or modify the action of
the school board.
A violation of division (A)(7) of section 2907.03 of the Revised Code is
grounds for termination of employment of a nonteaching employee under this
division.
(D) All employees who have been employed by a school
district where the provisions of Chapter 124. of the Revised Code
do not apply, for a period of at least three years on November
24, 1967, shall hold continuing contracts of employment pursuant
to this section.
(E)(C) Any nonteaching school employee may terminate the
nonteaching school employee's
contract of employment thirty days subsequent to the filing of a
written notice of such termination with the treasurer of the
board.
(F)(D) A person hired exclusively for the purpose of
replacing a nonteaching school employee while such employee is on
leave of absence granted under section 3319.13 of the Revised
Code is not a regular nonteaching school employee under this
section.
(G)(E) All nonteaching employees employed pursuant to this section and Chapter
124. of the Revised Code shall may be paid for all time lost when the schools in
which they are employed are closed owing to an epidemic or other public
calamity. Nothing in this division shall be construed as requiring payment in
excess of an employee's regular wage rate or salary for any time worked while
the school in which the employee is employed is officially
closed for the reasons set forth in this division.
Sec. 3319.088. As used in this section, "educational
assistant" means any nonteaching employee in a school district who
directly
assists a teacher as defined in section 3319.09 of the
Revised
Code, by performing duties for which a license
issued
pursuant to sections 3319.22 to 3319.30 of the Revised Code is
not
required.
(A) The state board of education shall issue educational
aide permits and educational paraprofessional licenses for
educational
assistants and shall adopt rules for
the issuance and
renewal of such permits and licenses
which shall be consistent
with the
provisions of this section. Educational aide permits and
educational
paraprofessional licenses may be of several types and
the
rules shall prescribe the minimum qualifications of
education,
health, and character for the service to be authorized under each
type. The prescribed minimum
qualifications may require special
training or educational
courses designed to qualify a person to
perform effectively the
duties authorized under an educational
aide permit or educational
paraprofessional license.
(B)(1) Any application for a permit or license, or a renewal
or
duplicate of a permit or license, under this section shall be
accompanied by the payment of a fee in the amount established
under division
(A) of section 3319.51 of the Revised Code. Any
fees received under
this division shall be paid into the state
treasury to the credit
of the state board of education licensure
fund
established under division (B) of section 3319.51 of the
Revised Code.
(2) Any person applying for or holding a permit or license
pursuant to
this section is subject to sections 3123.41 to 3123.50
of the Revised Code and any
applicable rules adopted under section
3123.63 of the Revised Code and sections
3319.31 and 3319.311 of
the
Revised Code.
(C) Educational assistants shall at all times while in
the
performance of their duties be under the supervision and
direction
of a teacher as defined in section 3319.09 of the
Revised Code.
Educational assistants may assist a teacher
to whom assigned in
the supervision of pupils, in assisting with
instructional tasks,
and in the performance of duties which, in
the judgment of the
teacher to whom the assistant is
assigned, may be performed by a
person not licensed
pursuant to sections
3319.22 to 3319.30 of the
Revised Code and for which a teaching
license, issued pursuant to
sections 3319.22 to
3319.30 of
the Revised Code is not required.
The duties of an educational
assistant shall not include the
assignment of grades
to
pupils. The duties of an educational
assistants assistant need not
be performed in the physical presence of the
teacher to whom assigned, but the
activity of an educational
assistant shall at all times be
under the direction of the teacher
to whom assigned. The assignment of an
educational assistant need
not be limited to assisting a
single teacher. In the event an
educational assistant is
assigned to assist more than one teacher
the assignments shall be clearly
delineated and so arranged that
the educational assistant
shall never be subject to simultaneous
supervision or direction by more than
one teacher.
Educational assistants assigned to supervise children
shall,
when the teacher to whom assigned is not physically present,
maintain the degree of control and discipline which would be
maintained by the teacher, but an educational assistant may
not
render corporal punishment.
Except when expressly permitted solely for the purposes
of
section 3317.029 of the Revised Code, educational assistants may
not be used in place
of
classroom
teachers or other employees and
any payment of compensation by
boards of education to educational
assistants for such
services is
prohibited. The ratio between the
number of
licensed teachers and the pupils in a school district
may not be
decreased
by utilization of educational assistants and
no grouping,
or other
organization of pupils, for utilization of
educational
assistants shall be established which is inconsistent
with sound
educational
practices and procedures. A school
district may employ up to one
full time equivalent educational
assistant for each six
full time
equivalent licensed employees of
the district.
Educational assistants shall not be counted as
licensed employees for purposes
of state support in the school
foundation program and no grouping
or regrouping of pupils with
educational assistants may be
counted as a class or unit for
school foundation program purposes. Neither
special courses
required by the regulations of the state board of
education,
prescribing minimum qualifications of education for an
educational
assistant, nor years of service as an
educational assistant shall
be counted in any way toward
qualifying for a teacher license, for
a teacher
contract of any type, or for
determining placement on a
salary schedule in a school district
as a teacher.
(D) Educational assistants employed by a board of
education
shall have all rights, benefits, and legal protection available
to
other nonteaching employees in the school district, except
that
provisions of Chapter 124. of the Revised Code shall not
apply to
any person employed as an educational assistant,
and shall be
members of the school employees retirement system. Educational
assistants shall be compensated according to a salary plan
adopted
annually by the board.
Except as provided in this section nonteaching employees
shall not serve as educational assistants without first
obtaining
an appropriate educational aide permit or educational
paraprofessional license from the state board of
education. A
nonteaching employee who is the holder of a valid
educational aide
permit or educational paraprofessional license shall
neither
render nor be required to render services inconsistent with the
type
of services authorized
by the permit or license held. No
person shall receive compensation
from a
board of education for
services rendered as an educational
assistant
in violation of this
provision.
Nonteaching employees whose functions are solely
secretarial-clerical and who do not perform any other duties as
educational assistants, even though they assist a teacher
and work
under the direction of a teacher shall not be required to hold a
permit or license issued pursuant to this section. Students
preparing
to become licensed teachers or educational
assistants
shall not be
required to hold an educational aide permit or
paraprofessional license
for such periods of
time as such students
are assigned, as part of their training
program, to work with a
teacher in a school district. Such
students shall not be
compensated for such services.
Following the determination of the assignment and general
job
description of an educational assistant and subject to
supervision
by the teacher's immediate administrative officer, a teacher to
whom an educational assistant is assigned shall make all
final
determinations of the duties to be assigned to such
assistant.
Teachers shall not be required to hold a license
designated for
being a supervisor or
administrator in order to perform the
necessary
supervision of educational assistants.
(E) No person who is, or who has been employed as an
educational assistant shall divulge, except to the teacher
to whom
assigned, or the administrator of the school in the absence of
the
teacher to whom assigned, or when required to testify in a
court
or proceedings, any personal information concerning any
pupil in
the school district which was obtained or obtainable by
the
educational assistant while so employed. Violation of
this
provision is grounds for disciplinary action or dismissal, or
both.
Sec. 3319.10. Teachers may be employed as substitute teachers for terms not
to exceed one year for assignment as services are needed to take the place of
regular teachers absent on account of illness or on leaves of absence or to
fill temporarily positions created by emergencies; such assignment to be
subject to termination when such services no longer are needed.
A teacher employed as a substitute with an assignment to one specific
teaching position shall may after sixty days of service be granted sick leave,
visiting days, and other local privileges granted to regular teachers
including a salary not less than the minimum salary on the current adopted
salary schedule.
A teacher employed as a substitute for one hundred twenty days or more during
a school year and re-employed for or assigned to a specific teaching position
for the succeeding year shall may receive a contract as a regular teacher if
the substitute
meets the local educational requirements for the employment of regular
teachers.
Teachers employed as substitutes on a casual or day-to-day basis shall not be
entitled to the notice of nonre-employment prescribed in section 3319.11 of
the
Revised Code, but boards Boards of education may grant such substitute teachers employed on a casual or day-to-day basis sick leave and
other local privileges and cumulate such service in determining seniority.
For purposes of determining in any school year the days of service of a
substitute teacher under this section, any teacher's days of service in that
school year while conditionally employed as a substitute teacher under section
3319.101 of the Revised Code shall count as days of service as
a substitute teacher under
this section.
Sec. 3319.151. (A) No person shall reveal to any student
any specific question that the person knows is part of a test to
be administered under section 3301.0711 of the Revised Code or in
any other way assist a pupil to cheat on such a test.
(B) On a finding by the state board of education, after
investigation, that a school employee who holds a license
issued under sections 3319.22 to 3319.31 of the Revised Code has
violated division (A) of this section, the license of such
teacher shall be suspended for one year. Prior to commencing an
investigation, the board shall give the teacher notice of the
allegation and an opportunity to respond and present a defense.
(C)(1) Violation of division (A) of this section is
grounds for termination of employment of a nonteaching employee
under division (C) of section 3319.081 or section 124.34 of the
Revised Code.
(2) Violation of division (A) of this section is grounds
for termination of a teacher contract under section 3319.16 of
the Revised Code.
Sec. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011, 3327.012, and 3327.02 of
the Revised
Code do not apply to any joint vocational or
cooperative
education school district.
In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state
board
of education prescribes minimum standards pursuant to
division (D)
of section 3301.07 of the Revised Code and to which
they are
assigned by the board of education of the district of
residence or
to and from the nonpublic
or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except
as provided in
section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts where pupil transportation is required under a career-technical plan approved by the state board of education under section 3313.90 of the Revised Code, for any student attending a career-technical program operated by another school district, including a joint vocational school district, as prescribed under that section, the board of education of the student's district of residence shall provide transportation from the public high school operated by that district to which the student is assigned to the career-technical program.
In all Each city, local, and exempted village school districts
the
board district may provide transportation for resident school pupils
in any and all
grades nine through twelve to and from the high school to
which
they are assigned by the board of education of the district
of
residence or to and from the
nonpublic or community
high school which they
attend for which the state board of
education prescribes minimum
standards pursuant to division (D) of
section 3301.07 of the
Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or community school
where such transportation would
require more than thirty minutes
of direct travel time as measured
by school bus from the
public school building to which the pupils would be assigned if attending the public school designated by the
district of residence.
Where it is impractical to transport a pupil by school
conveyance, a board of education may
offer payment, in lieu of
providing such
transportation
in accordance with section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts
the
board shall provide transportation for all children who are
so
crippled that they are unable to walk to and from the school
for
which the state board of education prescribes minimum
standards
pursuant to division (D) of section 3301.07 of the
Revised Code
and which they attend. In case of dispute whether
the child is
able to walk to and from the school, the health
commissioner shall
be the judge of such ability. In all city,
exempted village, and
local school districts the board shall
provide transportation to
and from school or special education
classes for educable mentally
retarded children in accordance
with standards adopted by the
state board of education.
When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term.
In all city, local, and exempted village school districts where pupil transportation is required under a career-technical plan approved by the state board of education under section 3313.90 of the Revised Code, for any student attending a career-technical program operated by another school district, including a joint vocational school district, as prescribed under that section, the board of education of the student's district of residence shall provide transportation from the public high school operated by that district to which the student is assigned to the career-technical program.
The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education.
No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection
of
pupils, faculty members, or employees, practices
discrimination
against any person on the grounds of race, color,
religion, or
national origin.
Sec. 3327.03. Notwithstanding division (D) of section 3311.19 and division
(D) of section 3311.52 of the Revised Code, this section does not apply to any
joint vocational or cooperative education school district.
The boards of education of city, local, or exempted village school districts
may by resolution designate certain places as depots from which to gather
children for transportation to school, when such districts provide
transportation. The places designated as depots shall be provided with a
shelter and be made comfortable during cold and stormy weather.
Sec. 3327.09. The board of education of each school
district shall may procure for the benefit of its employees who
operate a school bus, motor van, or other vehicle used in the
transportation of school children motor vehicle liability
insurance for injuries to persons and property. Such insurance
shall be in amounts not less than one hundred thousand dollars
per person, three hundred thousand dollars per occurrence, fifty
thousand dollars property damage and three thousand dollars
medical payments coverage. If such amounts cannot be procured by
a board of education by ordinary methods from insurance companies
authorized to do business in this state and the superintendent of
insurance has certified that fact in writing, then the board
shall procure the next highest amounts which can reasonably be
procured. Each board of education may procure uninsured
motorists insurance.
The board of education of each school district may procure
accident insurance covering all pupils and other authorized
passengers transported under the authority of such board. such
Such accident insurance shall may provide compensation for injury or
death to any pupil or other authorized passenger caused by any
accident arising out of or in connection with the operation of
such school bus, motor van, or other vehicle used in the
transportation of school children or other authorized passengers,
in such amounts and upon such terms as may be agreed upon by the
board and the insurance company. The insurance procured pursuant
to this section shall be from one or more recognized insurance
companies authorized to do business in this state.
Sec. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code.
(B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery;
(2) A
physician assistant;
(3) A
certified nurse practitioner;
(4) A
clinical
nurse specialist;
(5) A certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination.
Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district.
(D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
the person's commercial driver's license
suspended
shall drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows:
(1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent, or a
person
designated by the superintendent,
of
the school district
for
which
the person drives a school
bus or
motor van as an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract.
(2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor.
(E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
Sec. 3327.16. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative education school district or its superintendent.
(A) The superintendent of each school district may
establish a volunteer bus rider assistance program, under which
qualified adults or responsible older pupils, as determined by
the superintendent, may be authorized to ride on school buses
with pupils during such periods of time that the buses are being
used to transport pupils to and from schools. Volunteers shall
not be compensated for their services, but older pupils may be
excused early from school to participate in the program.
Volunteers may be assigned duties or responsibilities by
the superintendent, including but not limited to, assisting
younger pupils in embarking and disembarking from buses and in
crossing streets where necessary to ensure the safety of the
pupil, aiding the driver of the bus to maintain order on buses,
assisting handicapped pupils, and such other activities as the
superintendent determines will aid in the safe and efficient
transportation of pupils.
Volunteers serving under this section are not employees for
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing
in this section shall authorize a board of education to adversely
affect the employment of any employee of the board.
(B) The board of education of each city, local, or
exempted village school district shall present a program to all
pupils in kindergarten through third grade who are offered school
bus transportation and who have not previously attended such
program. The program shall consist of instruction in bus rider
behavior, school bus safety, and the potential problems and
hazards associated with school bus ridership. The department of
education shall prescribe the content and length of such program,
which shall be presented within two weeks after the commencement
of classes each school year.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division
(C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter
3314. of the Revised Code; state institution of
higher learning; public or
special district; state agency,
authority, commission, or
board; or other branch of public
employment.
(C) "Public employee" means any person holding a position
by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the
Revised Code;
(5) Employees of the state employment relations board;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to
the
attorney general, assistant prosecuting attorneys, and
employees
of the clerks of courts who perform a judicial
function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational
training,
including graduate assistants or associates, residents,
interns,
or other students working as part-time public employees
less than
fifty per cent of the normal year in the employee's
bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the
state employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Employees of the state personnel board of review;
(16) Participants
in a work activity,
developmental
activity, or alternative work activity under sections 5107.40 to
5107.69
of the
Revised Code who perform a
service for a public
employer that the public employer needs but is not
performed by an
employee of the public employer
if the participant is
not engaged
in paid employment or subsidized employment pursuant to the
activity;
(17) Employees included in the career professional service
of the department
of transportation under section 5501.20 of the
Revised Code;
(18) Employees of community-based correctional facilities and district community-based correctional facilities created under sections 2301.51 to 2301.58 of the Revised Code who are not subject to a collective bargaining agreement on June 1, 2005.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists
for the purpose, in whole or in part, of dealing with
public
employers concerning grievances, labor disputes, wages,
hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority,
in
the interest of the public employer, to hire, transfer,
suspend,
lay off, recall, promote, discharge, assign, reward, or
discipline
other public employees; to responsibly direct them; to
adjust
their grievances; or to effectively recommend such action,
if the
exercise of that authority is not of a merely routine or
clerical
nature, but requires the use of independent judgment,
provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire
department,
no person shall be deemed a supervisor except the
chief of the
department or those individuals who, in the absence
of the chief,
are authorized to exercise the authority and
perform the duties of
the chief of the department. Where prior
to June 1, 1982, a
public employer pursuant to a judicial
decision, rendered in
litigation to which the public employer was
a party, has declined
to engage in collective bargaining with
members of a police or
fire department on the basis that those
members are supervisors,
those members of a police or fire
department do not have the
rights specified in this chapter for
the purposes of future
collective bargaining. The state
employment relations board shall
decide all disputes concerning
the application of division (F)(2)
of this section.
(3) With respect to faculty members of a state institution
of higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the
Revised
Code shall be designated as a supervisor or a management
level
employee unless the teacher is employed under a contract governed
by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for
administrators under state board rules is
required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the
representatives of its employees to negotiate in good faith
at
reasonable times and places with respect to wages, hours,
terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement, with the intention of reaching
an agreement,
or to resolve questions arising under the
agreement. "To bargain
collectively" includes executing a written contract
incorporating
the terms of any agreement reached. The obligation
to bargain
collectively does not mean that either party is
compelled to agree
to a proposal nor does it require the making
of a concession.
(H) "Strike" means continuous concerted action in failing to
report
to duty; willful absence from one's position; or stoppage
of work in
whole from the full, faithful, and proper performance
of the duties of
employment, for the purpose of inducing,
influencing, or coercing a change in
wages, hours, terms, and
other conditions of employment. "Strike" does not
include a
stoppage of work by employees in good faith because of dangerous
or
unhealthful working conditions at the place of employment that
are abnormal to
the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted
action during the term or extended term of a collective
bargaining agreement
or during the pendency of the settlement
procedures set forth in section
4117.14 of the Revised Code in
failing to report to duty; willful absence from
one's position;
stoppage of work; slowdown, or abstinence in whole or in part
from
the full, faithful, and proper performance of the duties of
employment
for the purpose of inducing, influencing, or coercing a
change in wages,
hours, terms, and other conditions of employment.
"Unauthorized strike"
includes any such action, absence, stoppage,
slowdown, or abstinence when done
partially or intermittently,
whether during or after the expiration of the
term or extended
term of a collective bargaining agreement or during or after
the
pendency of the settlement procedures set forth in section 4117.14
of the
Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent
exercise of discretion and judgment in its performance
and
requiring knowledge of an advanced type in a field of science
or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an
employee who has completed the courses of specialized
intellectual
instruction and is performing related work under the
supervision
of a professional person to become qualified as
a professional
employee.
(K) "Confidential employee" means any employee who works
in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is
in
the employ of a police department of a municipal corporation
as a
full-time regular police officer as the result of
an appointment
from a duly established civil service eligibility
list or under
section 737.15 or 737.16 of the Revised Code, a
full-time deputy
sheriff appointed under section 311.04 of the
Revised Code, a
township constable appointed under section
509.01 of the Revised
Code, or a member of a township police
district police department
appointed under section 505.49 of the
Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil
service eligibility list or under section
505.38, 709.012, or 737.22 of the
Revised Code.
(Q) "Day" means calendar day.
Sec. 4117.03. (A) Public employees have the right to:
(1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code, any
employee organization of their own choosing;
(2) Engage in other concerted activities for the purpose
of collective bargaining or other mutual aid and protection;
(3) Representation by an employee organization;
(4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements;
(5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment.
(B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective
bargaining rights.
(C) Except as provided in division (D) of this section, nothing in Chapter 4117. of the Revised Code prohibits
public employers from electing to engage in collective
bargaining, to meet and confer, to hold discussions, or to engage in any other form of
collective negotiations with public employees who are not subject
to Chapter 4117. of the Revised Code pursuant to division (C) of
section 4117.01 of the Revised Code.
After the effective date of this amendment, the board of education of a school district, the governing board of an educational service center, or the governing authority of a community school is not required to collectively bargain with its employees, but may do so at the discretion of the board of education, governing board, or governing authority in accordance with this division. The provisions of any collective bargaining agreement entered into by a board of education, governing board, or governing authority prior to that date are enforceable and are subject to Chapter 4117. of the Revised Code as it existed prior to that date; however, no board of education, governing board, or governing authority is required to extend, renew, or modify any collective bargaining agreement in force on that date.
(D) A public employer shall not engage in collective bargaining or other forms of collective negotiations with the employees of county boards of elections referred to in division (C)(12) of section 4117.01 of the Revised Code.
(E)(1) Employees of public school may bargain collectively for health care benefits; however, all health care benefits shall be provided through school employees health care board medical plans, in accordance with section 9.901 of the Revised Code. If a school district provides its employees with health care benefits pursuant to collective bargaining, the employees shall be permitted to choose a plan option from among the school employees health care board plans agreed to during collective bargaining.
(2) During collective bargaining, employees of public schools may agree to pay a higher percentage of the premium for health benefit coverage under the plans designed by the school employees health care board pursuant to section 9.901 of the Revised Code than the percentage designated as the employees' contribution level by the board. A collective bargaining agreement, however, shall not permit the employees to contribute a lesser percentage of the premium than that set as the employees' contribution level by the school employees health care board, unless, in so doing, the participating school board is able to remain in compliance with the aggregate goal set pursuant to division (G)(3) of section 9.901 of the Revised Code.
Sec. 4117.04. (A) Public employers shall extend to an
exclusive representative designated under section 4117.05 of the
Revised Code, the right to represent exclusively the employees in
the appropriate bargaining unit and the right to unchallenged and
exclusive representation for a period of not less than twelve
months following the date of certification and thereafter, if the
public employer and the employee organization enter into an
agreement, for a period of not more than three years from the
date of signing the agreement. For the purposes of this section,
extensions of agreements shall not be construed to affect the
expiration date of the original agreement.
(B) A public employer shall bargain collectively with an
exclusive representative designated under section 4117.05 of the
Revised Code for purposes of Chapter 4117. of the Revised Code.
When the state employment relations board notifies a public
employer that it has certified an employee organization as
exclusive representative for a unit of its employees, the public
employer shall designate an employer representative and promptly
notify the board and the employee organization of his the employer
representative's identity
and address. On certification, the employee organization shall
designate an employee representative and promptly notify the
board and the public employer of his the employee
representative's identity and address. The
board or any party shall address to the appropriate designated
representative all communications concerned with collective
relationships under Chapter 4117. of the Revised Code. In the
case of municipal corporations, counties, school districts,
educational service centers, villages, and townships, the
designation of the employer
representative is as provided in division (C) of section 4117.10
of the Revised Code. The designated representative of a party
may sign agreements resulting from collective bargaining on
behalf of his the representative's designator; but the
agreements are subject to the
procedures set forth in Chapter 4117. of the Revised Code.
Sec. 4117.06. (A) The state employment relations board
shall decide in each case the unit appropriate for the purposes
of collective bargaining. The determination is final and
conclusive and not appealable to the court.
(B) The board shall determine the appropriateness of each
bargaining unit and shall consider among other relevant factors:
the desires of the employees; the community of interest; wages,
hours, and other working conditions of the public employees; the
effect of over-fragmentation; the efficiency of operations of the
public employer; the administrative structure of the public
employer; and the history of collective bargaining.
(C) The board may determine a unit to be the appropriate
unit in a particular case, even though some other unit might also
be appropriate.
(D) In addition, in determining the appropriate unit, the
board shall not:
(1) Decide that any unit is appropriate if the unit
includes both professional and nonprofessional employees, unless
a majority of the professional employees and a majority of the
nonprofessional employees first vote for inclusion in the unit;
(2) Include guards or correction officers at correctional or
mental institutions, special police
officers appointed
in accordance with sections 5119.14 and 5123.13 of the Revised
Code, psychiatric attendants employed at mental health forensic
facilities, youth leaders employed at juvenile correction
facilities, or any public employee employed as a guard to enforce
against other employees rules to protect property of the employer
or to protect the safety of persons on the employer's premises in
a unit with other employees;
(3) Include members of a police or fire department or
members of the state highway patrol in a unit with other
classifications of public employees of the department;
(4) Designate as appropriate a bargaining unit that
contains more than one institution of higher education; nor shall
it within any such institution of higher education designate as
appropriate a unit where such designation would be inconsistent
with the accreditation standards or interpretations of such
standards, governing such institution of higher education or any
department, school, or college thereof. For the purposes of this
division, any branch or regional campus of a public institution
of higher education is part of that institution of higher
education.
(5) Designate as appropriate a bargaining unit that
contains employees within the jurisdiction of more than one
elected county office holder, unless the county-elected office
holder and the board of county commissioners agree to such other
designation;
(6) With respect to members of a police department,
designate as appropriate a unit that includes rank and file
members of the department with members who are of the rank of
sergeant or above;
(7) Except as otherwise provided by division (A)(3) of section
3314.10 of the Revised Code, designate as appropriate a bargaining unit that contains
employees from multiple community schools established under Chapter
3314. of the Revised Code. For purposes of this division, more than one unit may be
designated within a single community school.
This section shall not be deemed to prohibit multiunit
bargaining.
Sec. 4117.08. (A) All matters pertaining to wages, hours,
or terms and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement are subject to collective
bargaining between the public employer and the exclusive
representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code.
(B) The conduct and grading of civil service examinations,
the rating of candidates, the establishment of eligible lists
from the examinations, and the original appointments from the
eligible lists are not appropriate subjects for collective
bargaining.
(C) Unless a public employer agrees otherwise in a
collective bargaining agreement, nothing in Chapter 4117. of the
Revised Code impairs the right and responsibility of each public
employer to:
(1) Determine matters of inherent managerial policy which
include, but are not limited to areas of discretion or policy
such as the functions and programs of the public employer,
standards of services, its overall budget, utilization of
technology, and organizational structure;
(2) Direct, supervise, evaluate, or hire employees;
(3) Maintain and improve the efficiency and effectiveness
of governmental operations;
(4) Determine the overall methods, process, means, or
personnel by which governmental operations are to be conducted;
(5) Suspend, discipline, demote, or discharge for just
cause, or lay off, transfer, assign, schedule, promote, or retain
employees;
(6) Determine the adequacy of the work force;
(7) Determine the overall mission of the employer as a
unit of government;
(8) Effectively manage the work force;
(9) Take actions to carry out the mission of the public
employer as a governmental unit.
The employer is not required to bargain on subjects
reserved to the management and direction of the governmental unit
except as affect wages, hours, terms and conditions of
employment, and the continuation, modification, or deletion of an
existing provision of a collective bargaining agreement. A
public employee or exclusive representative may raise a
legitimate complaint or file a grievance based on the collective
bargaining agreement.
Sec. 4117.09. (A) The parties to any collective
bargaining agreement shall reduce the agreement to writing and
both execute it.
(B) The agreement shall contain a provision that:
(1) Provides for a grievance procedure which may culminate
with final and binding arbitration of unresolved grievances, and
disputed interpretations of agreements, and which is valid and
enforceable under its terms when entered into in accordance with
this chapter. No publication thereof is required to make it
effective. A party to the agreement may bring suits for
violation of agreements or the enforcement of an award by an
arbitrator in the court of common pleas of any county wherein a
party resides or transacts business.
(2) Authorizes the public employer to deduct the periodic
dues, initiation fees, and assessments of members of the
exclusive representative upon presentation of a written deduction
authorization by the employee.
(C) The agreement may contain a provision that requires as
a condition of employment, on or after a mutually agreed upon
probationary period or sixty days following the beginning of
employment, whichever is less, or the effective date of a
collective bargaining agreement, whichever is later, that the
employees in the unit who are not members of the employee
organization pay to the employee organization a fair share fee.
The arrangement does not require any employee to become a member
of the employee organization, nor shall fair share fees exceed
dues paid by members of the employee organization who are in the
same bargaining unit. Any public employee organization
representing public employees pursuant to this chapter shall
prescribe an internal procedure to determine a rebate, if any,
for nonmembers which conforms to federal law, provided a
nonmember makes a timely demand on the employee organization.
Absent arbitrary and capricious action, such determination is
conclusive on the parties except that a challenge to the
determination may be filed with the state employment relations
board within thirty days of the determination date specifying the
arbitrary or capricious nature of the determination and the board
shall review the rebate determination and decide whether it was
arbitrary or capricious. The deduction of a fair share fee by
the public employer from the payroll check of the employee and
its payment to the employee organization is automatic and does
not require the written authorization of the employee.
The internal rebate procedure shall provide for a rebate of
expenditures in support of partisan politics or ideological
causes not germaine germane to the work of employee
organizations
in the realm of collective bargaining.
Any public employee who is a member of and adheres to
established and traditional tenets or teachings of a bona fide
religion or religious body which has historically held
conscientious objections to joining or financially supporting an
employee organization and which is exempt from taxation under the
provisions of the Internal Revenue Code shall not be required to
join or financially support any employee organization as a
condition of employment. Upon submission of proper proof of
religious conviction to the board, the board shall declare the
employee exempt from becoming a member of or financially
supporting an employee organization. The employee shall be
required, in lieu of the fair share fee, to pay an amount of
money equal to the fair share fee to a nonreligious charitable
fund exempt from taxation under section 501(c)(3) of the Internal
Revenue Code mutually agreed upon by the employee and the
representative of the employee organization to which the employee
would otherwise be required to pay the fair share fee. The
employee shall furnish to the employee organization written
receipts evidencing such payment, and failure to make the payment
or furnish the receipts shall subject the employee to the same
sanctions as would nonpayment of dues under the applicable
collective bargaining agreement.
No public employer shall agree to a provision requiring
that a public employee become a member of an employee
organization as a condition for securing or retaining employment.
(D) As used in this division, "teacher" means any employee
of a school district certified to teach in the public schools of
this state.
The agreement may contain a provision that provides for a
peer review plan under which teachers in a bargaining unit or
representatives of an employee organization representing teachers
may, for other teachers of the same bargaining unit or teachers
whom the employee organization represents, participate in
assisting, instructing, reviewing, evaluating, or appraising and
make recommendations or participate in decisions with respect to
the retention, discharge, renewal, or nonrenewal of, the teachers
covered by a peer review plan.
The participation of teachers or their employee
organization representative in a peer review plan permitted under
this division shall not be construed as an unfair labor practice
under this chapter or as a violation of any other provision of
law or rule adopted pursuant thereto.
(E) No agreement shall contain an expiration date that is
later than three years from the date of execution. The parties
may extend any agreement, but the extensions do not affect the
expiration date of the original agreement.
Sec. 4117.10. (A) An agreement between a public employer
and an exclusive representative entered into pursuant to this
chapter governs the wages, hours, and terms and conditions of
public employment covered by the agreement. If the agreement
provides for a final and binding arbitration of grievances,
public employers, employees, and employee organizations are
subject solely to that grievance procedure and the state
personnel board of review or civil service commissions have no
jurisdiction to receive and determine any appeals relating to
matters that were the subject of a final and binding grievance
procedure. Where no agreement exists or where an agreement makes
no specification about a matter, the public employer and public
employees are subject to all applicable state or local laws or
ordinances pertaining to the wages, hours, and terms and
conditions of employment for public employees. Laws pertaining
to civil rights, affirmative action, unemployment compensation,
workers' compensation, the retirement of public employees, and
residency requirements, the minimum educational requirements
contained in the Revised Code pertaining to public education
including the requirement of a certificate by the fiscal officer
of a school district pursuant to section 5705.41 of the Revised
Code, and the provisions of division (A) of section 124.34 of the Revised Code
governing the disciplining of officers and employees who have been convicted
of a felony, and the minimum standards promulgated by the state
board of
education pursuant to division (D) of section 3301.07 of the
Revised Code prevail over conflicting provisions of agreements
between employee organizations and public employers. The law
pertaining to the leave of absence and compensation provided
under section 5923.05 of the Revised Code prevails over any
conflicting provisions of such agreements if the terms of the
agreement contain benefits which are less than those contained in
that section or the agreement contains no such terms and the
public authority is the state or any agency, authority,
commission, or board of the state or if the public authority is
another entity listed in division (B) of section 4117.01 of the
Revised Code that elects to provide leave of absence and
compensation as provided in section 5923.05 of the Revised Code.
Except for sections 306.08, 306.12, 306.35, and 4981.22 of the
Revised Code and arrangements entered into thereunder, and
section 4981.21 of the Revised Code as necessary to comply with
section 13(c) of the "Urban Mass Transportation Act of 1964," 87
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements
entered into thereunder, this chapter prevails over any and all
other conflicting laws, resolutions, provisions, present or
future, except as otherwise specified in this chapter or as
otherwise specified by the general assembly. Nothing in this
section prohibits or shall be construed to invalidate the
provisions of an agreement establishing supplemental workers'
compensation or unemployment compensation benefits or exceeding
minimum requirements contained in the Revised Code pertaining to
public education or the minimum standards promulgated by the
state board of education pursuant to division (D) of section
3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds
necessary to implement an agreement and for approval of any other
matter requiring the approval of the appropriate legislative body
to the legislative body within fourteen days of the date on which
the parties finalize the agreement, unless otherwise specified,
but if the appropriate legislative body is not in session at the
time, then within fourteen days after it convenes. The
legislative body must approve or reject the submission as a
whole, and the submission is deemed approved if the legislative
body fails to act within thirty days after the public employer
submits the agreement. The parties may specify that those
provisions of the agreement not requiring action by a legislative
body are effective and operative in accordance with the terms of
the agreement, provided there has been compliance with division
(C) of this section. If the legislative body rejects the
submission of the public employer, either party may reopen all or
part of the entire agreement.
As used in this section, "legislative body" includes the governing board of a municipal corporation,
school district, college or university, village, township, or
board of county commissioners or any other body that has
authority to approve the budget of their public jurisdiction and, with regard to the state, "legislative body" means the controlling board.
(C) The chief executive officer, or the chief executive
officer's representative, of
each municipal corporation, the designated representative of the
board of education of each school district, college or
university, or any other body that has authority to approve the
budget of their public jurisdiction, the designated
representative of the board of county commissioners and of each
elected officeholder of the county whose employees are covered by
the collective negotiations, and the designated representative of
the village or the board of township trustees of each township is
responsible for negotiations in the collective bargaining
process; except that the legislative body may accept or reject a
proposed collective bargaining agreement. When the matters about
which there is agreement are reduced to writing and approved by
the employee organization and the legislative body, the agreement
is binding upon the legislative body, the employer, and the
employee organization and employees covered by the agreement.
(D) There is hereby established an office of collective
bargaining in the department of administrative services for the
purpose of negotiating with and entering into written agreements
between state agencies, departments, boards, and commissions and
the exclusive representative on matters of wages, hours, terms
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement. Nothing in any provision of law
to the contrary shall be interpreted as excluding the bureau of
workers' compensation and the industrial commission from the
preceding sentence. This office shall not negotiate on behalf of
other statewide elected officials or boards of trustees of state
institutions of higher education who shall be considered as
separate public employers for the purposes of this chapter;
however, the office may negotiate on behalf of these officials or
trustees where authorized by the officials or trustees. The
staff of the office of collective bargaining are in the
unclassified service. The director of administrative services
shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's
philosophy for public collective bargaining as well as planning
bargaining strategies;
(2) Conduct negotiations with the exclusive
representatives of each employee organization;
(3) Coordinate the state's resources in all mediation,
fact-finding, and arbitration cases as well as in all labor
disputes;
(4) Conduct systematic reviews of collective bargaining
agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all
agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports
as requested to the governor and the general assembly on the
implementation of this chapter and its impact upon state
government.
Section 2. That existing sections 9.41, 9.833, 9.90, 124.01, 124.11, 124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, 3301.072, 3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20, 3313.202, 3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79, 3313.81, 3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091, 3315.062, 3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011, 3319.02, 3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071, 3319.073, 3319.075, 3319.08, 3319.081, 3319.088, 3319.10, 3319.151, 3327.01, 3327.03, 3327.09, 3327.10, 3327.16, 4117.01, 4117.03, 4117.04, 4117.06, 4117.08, 4117.09, and 4117.10 and sections 5.23, 9.901, 117.53, 124.011, 124.54, 3301.22, 3313.174, 3313.211, 3313.41, 3313.472, 3313.482, 3313.51, 3313.534, 3313.535, 3313.537, 3313.60, 3313.601, 3313.602, 3313.608, 3313.609, 3313.6011, 3313.6012, 3313.6013, 3313.6014, 3313.63, 3313.648, 3313.66, 3313.661, 3313.662, 3313.664, 3313.666, 3313.667, 3313.70, 3313.712, 3313.76, 3313.77, 3313.78, 3313.80, 3313.801, 3313.811, 3314.10, 3314.20, 3315.17, 3315.171, 3315.18, 3315.181, 3315.19, 3317.12, 3317.13, 3317.14, 3317.15, 3319.072, 3319.082, 3319.083, 3319.084, 3319.085, 3319.086, 3319.087, 3319.0810, 3319.0811, 3319.09, 3319.101, 3319.11, 3319.111, 3319.12, 3319.13, 3319.131, 3319.14, 3319.141, 3319.142, 3319.143, 3319.16, 3319.161, 3319.17, 3319.171, 3319.172, 3319.18, 3319.181, 3319.33, 3319.63, 3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07, 3324.10, 3327.011, 3327.02, 3327.15, 4117.101, and 4117.102 of the Revised Code are hereby repealed.
Section 3. That sections 203.12.02 and 611.03 of Am. Sub. H.B. 66 of the 126th General Assembly are hereby repealed.
Section 4. Section 3314.03 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B. 276, Sub. H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 311 of
the 126th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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