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S. B. No. 335 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Jones, LaRose, Eklund, Obhof, Wagoner
A BILL
To amend sections 124.36, 2903.13, 2921.02, 3302.03,
3302.04, 3302.061, 3307.01, 3311.71, 3311.72,
3311.74, 3311.76, 3313.41, 3313.411, 3313.975,
3314.012, 3314.016, 3314.10, 3314.35, 3314.36,
3316.07, 3318.08, 3319.02, 3319.071, 3319.10,
3319.112, 3319.12, 3319.13, 3319.14, 3319.141,
3319.143, 3319.151, 3319.18, 3319.283, 4141.29,
5705.192, 5705.21, 5705.212, 5705.215, 5705.216,
5705.218, 5705.251, 5705.261, and 5748.01 and to
enact sections 3311.77 to 3311.86, 3313.412, and
3314.351 of the Revised Code to revise the
management of municipal school districts and
community schools located within municipal school
districts; to permit the establishment of a
Municipal School District Transformation Alliance;
to expand the offense of bribery to cover
directors, officers, and employees of the
Alliance; and to authorize municipal school
districts to levy property taxes the revenue from
which may be shared with qualifying community
schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.36, 2903.13, 2921.02, 3302.03,
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, 3311.76,
3313.41, 3313.411, 3313.975, 3314.012, 3314.016, 3314.10, 3314.35,
3314.36, 3316.07, 3318.08, 3319.02, 3319.071, 3319.10, 3319.112,
3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, 3319.18,
3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215,
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 be amended and
sections 3311.77, 3311.78, 3311.79, 3311.80, 3311.81, 3311.82,
3311.83, 3311.84, 3311.85, 3311.86, 3313.412, and 3314.351 of the
Revised Code be enacted to read as follows:
Sec. 124.36. It shall be sufficient cause for the removal of
any public employees including teachers in the public schools or
any state supported educational institution when such public
employee or teacher advocates or willfully retains membership in
an organization which advocates overthrow of the government of the
United States or of the state, by force, violence or other
unlawful means.
The procedure for the termination of a contract of a teacher
under the provisions of this section shall be in the manner set
forth in section 3311.82 or 3319.16 of the Revised Code. The
procedure for the removal of all other public employees under the
provisions of this section shall be the same as is provided in
section 124.34 of the Revised Code, except that the decision of
the state personnel board of review or the municipal civil service
commission shall be subject to appeal to the court of common pleas
of the county in which such public employees are employed to
determine the sufficiency of the cause of removal. Such appeal
shall be taken within ten days from the finding of the board or
commission.
Sec. 2903.13. (A) No person shall knowingly cause or attempt
to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to
another or to another's unborn.
(C) Whoever violates this section is guilty of assault, and
the court shall sentence the offender as provided in this division
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
Except as otherwise provided in division (C)(1), (2), (3), (4), or
(5) of this section, assault is a misdemeanor of the first degree.
(1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a functionally
impaired person under the caretaker's care, assault is a felony of
the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the offender previously has been convicted of or pleaded guilty
to a violation of this section or section 2903.11 or 2903.16 of
the Revised Code, and if in relation to the previous conviction
the offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises of
the particular institution for business purposes or as a visitor,
and the offense is committed by a person incarcerated in the state
correctional institution, by a person institutionalized in the
department of youth services institution pursuant to a commitment
to the department of youth services, by a parolee, by an offender
under transitional control, under a community control sanction, or
on an escorted visit, by a person under post-release control, or
by an offender under any other type of supervision by a government
agency.
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee of
the local correctional facility or a probation department or is on
the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or delinquent act, subsequent to the person's being charged
with or convicted of any crime, or subsequent to the person's
being alleged to be or adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and while
the employee is engaged in official work responsibilities, and the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department of
youth services who temporarily is outside of the institution for
any purpose, by a parolee, by an offender under transitional
control, under a community control sanction, or on an escorted
visit, by a person under post-release control, or by an offender
under any other type of supervision by a government agency.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee of
the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and while
the employee is engaged in official work responsibilities, and the
offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or
delinquent act, subsequent to the person being charged with or
convicted of any crime, or subsequent to the person being alleged
to be or adjudicated a delinquent child and who temporarily is
outside of the facility for any purpose or by a parolee, by an
offender under transitional control, under a community control
sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by
a government agency.
(e) The victim of the offense is a school teacher or
administrator or a school bus operator, and the offense occurs in
a school, on school premises, in a school building, on a school
bus, or while the victim is outside of school premises or a school
bus and is engaged in duties or official responsibilities
associated with the victim's employment or position as a school
teacher or administrator or a school bus operator, including, but
not limited to, driving, accompanying, or chaperoning students at
or on class or field trips, athletic events, or other school
extracurricular activities or functions outside of school
premises.
(3) If the victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation, a firefighter, or a person performing emergency
medical service, while in the performance of their official
duties, assault is a felony of the fourth degree.
(4) If the victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation and if the victim suffered serious physical harm as
a result of the commission of the offense, assault is a felony of
the fourth degree, and the court, pursuant to division (F) of
section 2929.13 of the Revised Code, shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
fourth degree that is at least twelve months in duration.
(5) If the victim of the offense is an officer or employee of
a public children services agency or a private child placing
agency and the offense relates to the officer's or employee's
performance or anticipated performance of official
responsibilities or duties, assault is either a felony of the
fifth degree or, if the offender previously has been convicted of
or pleaded guilty to an offense of violence, the victim of that
prior offense was an officer or employee of a public children
services agency or private child placing agency, and that prior
offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties, a
felony of the fourth degree.
(6) If an offender who is convicted of or pleads guilty to
assault when it is a misdemeanor also is convicted of or pleads
guilty to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory jail term as provided in
division (G) of section 2929.24 of the Revised Code.
If an offender who is convicted of or pleads guilty to
assault when it is a felony also is convicted of or pleads guilty
to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, except as
otherwise provided in division (C)(4) of this section, the court
shall sentence the offender to a mandatory prison term as provided
in division (B)(8) of section 2929.14 of the Revised Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" has the same meaning as in section 3937.41
of the Revised Code.
(3) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, a minimum security jail established under
section 341.23 or 753.21 of the Revised Code, or another county,
multicounty, municipal, municipal-county, or multicounty-municipal
facility used for the custody of persons arrested for any crime or
delinquent act, persons charged with or convicted of any crime, or
persons alleged to be or adjudicated a delinquent child.
(5) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates the
local correctional facility and who operates or assists in the
operation of the facility.
(6) "School teacher or administrator" means either of the
following:
(a) A person who is employed in the public schools of the
state under a contract described in section 3311.77 or 3319.08 of
the Revised Code in a position in which the person is required to
have a certificate issued pursuant to sections 3319.22 to 3319.311
of the Revised Code.
(b) A person who is employed by a nonpublic school for which
the state board of education prescribes minimum standards under
section 3301.07 of the Revised Code and who is certificated in
accordance with section 3301.071 of the Revised Code.
(7) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have
the same meanings as in section 2967.01 of the Revised Code.
(10) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
Sec. 2921.02. (A) No person, with purpose to corrupt a
public servant or party official, or improperly to influence him a
public servant or party official with respect to the discharge of
his the public servant's or party official's duty, whether before
or after he the public servant or party official is elected,
appointed, qualified, employed, summoned, or sworn, shall promise,
offer, or give any valuable thing or valuable benefit.
(B) No person, either before or after he the person is
elected, appointed, qualified, employed, summoned, or sworn as a
public servant or party official, shall knowingly solicit or
accept for
himself
self or another person any valuable thing or
valuable benefit to corrupt or improperly influence him the person
or another public servant or party official with respect to the
discharge of his the person's or the other public servant's or
party official's duty.
(C) No person, with purpose to corrupt a witness or
improperly to influence him a witness with respect to his
the
witness's testimony in an official proceeding, either before or
after he the witness is subpoenaed or sworn, shall promise, offer,
or give him the witness or another person any valuable thing or
valuable benefit.
(D) No person, either before or after he the person is
subpoenaed or sworn as a witness, shall knowingly solicit or
accept for himself
self or another person any valuable thing or
valuable benefit to corrupt or improperly influence him self or
another person with respect to his testimony
given in an official
proceeding.
(E) No person, with purpose to corrupt a director, officer,
or employee of a municipal school district transformation alliance
established under section 3311.86 of the Revised Code, or
improperly to influence a director, officer, or employee of a
municipal school district transformation alliance with respect to
the discharge of the director's, officer's, or employee's duties,
whether before or after the director, officer, or employee is
appointed or employed, shall promise, offer, or give the director,
officer, or employee any valuable thing or valuable benefit.
(F) No person, either before or after the person is appointed
or employed as a director, officer, or employee of a municipal
school district transformation alliance established under section
3311.86 of the Revised Code, shall knowingly solicit or accept for
self or another person any valuable thing or valuable benefit to
corrupt or improperly influence the person or another director,
officer, or employee of a municipal school district transformation
alliance with respect to the discharge of the person's or other
director's, officer's, or employee's duties.
(G) Whoever violates this section is guilty of bribery, a
felony of the third degree.
(F)(H) A public servant or party official, or director,
officer, or employee of a municipal school district transformation
alliance established under section 3311.86 of the Revised Code,
who is convicted of bribery is forever disqualified from holding
any public office, employment, or position of trust in this state.
Sec. 3302.03. (A) Annually the department of education shall
report for each school district and each school building in a
district all of the following:
(1) The extent to which the school district or building meets
each of the applicable performance indicators created by the state
board of education under section 3302.02 of the Revised Code and
the number of applicable performance indicators that have been
achieved;
(2) The performance index score of the school district or
building;
(3) Whether the school district or building has made adequate
yearly progress;
(4) Whether the school district or building is excellent,
effective, needs continuous improvement, is under an academic
watch, or is in a state of academic emergency.
(B) Except as otherwise provided in division (B)(6) of this
section:
(1) A school district or building shall be declared excellent
if it meets at least ninety-four per cent of the applicable state
performance indicators or has a performance index score
established by the department, except that if it does not make
adequate yearly progress for two or more of the same subgroups for
three or more consecutive years, it shall be declared effective.
(2) A school district or building shall be declared effective
if it meets at least seventy-five per cent but less than
ninety-four per cent of the applicable state performance
indicators or has a performance index score established by the
department, except that if it does not make adequate yearly
progress for two or more of the same subgroups for three or more
consecutive years, it shall be declared in need of continuous
improvement.
(3) A school district or building shall be declared to be in
need of continuous improvement if it fulfills one of the following
requirements:
(a) It makes adequate yearly progress, meets less than
seventy-five per cent of the applicable state performance
indicators, and has a performance index score established by the
department.
(b) It does not make adequate yearly progress and either
meets at least fifty per cent but less than seventy-five per cent
of the applicable state performance indicators or has a
performance index score established by the department.
(4) A school district or building shall be declared to be
under an academic watch if it does not make adequate yearly
progress and either meets at least thirty-one per cent but less
than fifty per cent of the applicable state performance indicators
or has a performance index score established by the department.
(5) A school district or building shall be declared to be in
a state of academic emergency if it does not make adequate yearly
progress, does not meet at least thirty-one per cent of the
applicable state performance indicators, and has a performance
index score established by the department.
(6) Division (B)(6) of this section does not apply to any
community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program.
A school district or building shall not be assigned a higher
performance rating than in need of continuous improvement if at
least ten per cent but not more than fifteen per cent of the
enrolled students do not take all achievement assessments
prescribed for their grade level under division (A)(1) or (B)(1)
of section 3301.0710 of the Revised Code from which they are not
excused pursuant to division (C)(1) or (3) of section 3301.0711 of
the Revised Code. A school district or building shall not be
assigned a higher performance rating than under an academic watch
if more than fifteen per cent but not more than twenty per cent of
the enrolled students do not take all achievement assessments
prescribed for their grade level under division (A)(1) or (B)(1)
of section 3301.0710 of the Revised Code from which they are not
excused pursuant to division (C)(1) or (3) of section 3301.0711 of
the Revised Code. A school district or building shall not be
assigned a higher performance rating than in a state of academic
emergency if more than twenty per cent of the enrolled students do
not take all achievement assessments prescribed for their grade
level under division (A)(1) or (B)(1) of section 3301.0710 of the
Revised Code from which they are not excused pursuant to division
(C)(1) or (3) of section 3301.0711 of the Revised Code.
(C)(1) The department shall issue annual report cards for
each school district, each building within each district, and for
the state as a whole reflecting performance on the indicators
created by the state board under section 3302.02 of the Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change from the previous
year made by the school district or school buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are
classified as limited English proficient;
(j) Performance of students grouped by those who have
disabilities;
(k) Performance of students grouped by those who are
classified as migrants;
(l) Performance of students grouped by those who are
identified as gifted pursuant to Chapter 3324. of the Revised
Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
For this purpose, the department shall not report student
performance data for any group identified in division (C)(3) of
this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division Division (C)(6) of this section does not
apply to conversion community schools that primarily enroll
students between sixteen and twenty-two years of age who dropped
out of high school or are at risk of dropping out of high school
due to poor attendance, disciplinary problems, or suspensions.
(a) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(b) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of calculating the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(c) Any municipal school district, as defined in section
3311.71 of the Revised Code, that sponsors, provides services to,
or leases a building to a start-up or conversion community school
located within the district's territory, or that enters into an
agreement with a community school located within the district's
territory whereby the district and the community school endorse
each other's programs, may elect (i) to have data regarding the
academic performance of students enrolled in the community school
combined with comparable data from the schools of the district for
the purpose of calculating the performance of the district as a
whole on the district's report card and (ii) to have the students
attending the community school included in the district's average
daily student enrollment as reported in the district's report
card. Any district that so elects shall annually file with the
department a copy of the lease or agreement and other
documentation indicating eligibility for that election, as
required by the department.
(7) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(8) The department shall include on the report card the
number of lead teachers employed by each district and each
building once the data is available from the education management
information system established under section 3301.0714 of the
Revised Code.
(D)(1) In calculating English language arts, mathematics,
social studies, or science assessment passage rates used to
determine school district or building performance under this
section, the department shall include all students taking an
assessment with accommodation or to whom an alternate assessment
is administered pursuant to division (C)(1) or (3) of section
3301.0711 of the Revised Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and adequate
yearly progress for school districts and buildings under this
section, the department shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any
assessment prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade English language arts
achievement assessment;
(c) Except as required by the "No Child Left Behind Act of
2001" for the calculation of adequate yearly progress, exclude for
each district or building any limited English proficient student
who has been enrolled in United States schools for less than one
full school year.
Sec. 3302.04. (A) The department of education shall
establish a system of intensive, ongoing support for the
improvement of school districts and school buildings. In
accordance with the model of differentiated accountability
described in section 3302.041 of the Revised Code, the system
shall give priority to districts and buildings that have been
declared to be under an academic watch or in a state of academic
emergency under section 3302.03 of the Revised Code and shall
include services provided to districts and buildings through
regional service providers, such as educational service centers.
(B) This division does not apply to any school district after
June 30, 2008.
When a school district has been notified by the department
pursuant to division (A) of section 3302.03 of the Revised Code
that the district or a building within the district has failed to
make adequate yearly progress for two consecutive school years,
the district shall develop a three-year continuous improvement
plan for the district or building containing each of the
following:
(1) An analysis of the reasons for the failure of the
district or building to meet any of the applicable performance
indicators established under section 3302.02 of the Revised Code
that it did not meet and an analysis of the reasons for its
failure to make adequate yearly progress;
(2) Specific strategies that the district or building will
use to address the problems in academic achievement identified in
division (B)(1) of this section;
(3) Identification of the resources that the district will
allocate toward improving the academic achievement of the district
or building;
(4) A description of any progress that the district or
building made in the preceding year toward improving its academic
achievement;
(5) An analysis of how the district is utilizing the
professional development standards adopted by the state board
pursuant to section 3319.61 of the Revised Code;
(6) Strategies that the district or building will use to
improve the cultural competency, as defined pursuant to section
3319.61 of the Revised Code, of teachers and other educators.
No three-year continuous improvement plan shall be developed
or adopted pursuant to this division unless at least one public
hearing is held within the affected school district or building
concerning the final draft of the plan. Notice of the hearing
shall be given two weeks prior to the hearing by publication in
one newspaper of general circulation within the territory of the
affected school district or building. Copies of the plan shall be
made available to the public.
(C) When a school district or building has been notified by
the department pursuant to division (A) of section 3302.03 of the
Revised Code that the district or building is under an academic
watch or in a state of academic emergency, the district or
building shall be subject to any rules establishing intervention
in academic watch or emergency school districts or buildings.
(D)(1) Within one hundred twenty days after any school
district or building is declared to be in a state of academic
emergency under section 3302.03 of the Revised Code, the
department may initiate a site evaluation of the building or
school district.
(2) Division (D)(2) of this section does not apply to any
school district after June 30, 2008.
If any school district that is declared to be in a state of
academic emergency or in a state of academic watch under section
3302.03 of the Revised Code or encompasses a building that is
declared to be in a state of academic emergency or in a state of
academic watch fails to demonstrate to the department satisfactory
improvement of the district or applicable buildings or fails to
submit to the department any information required under rules
established by the state board of education, prior to approving a
three-year continuous improvement plan under rules established by
the state board of education, the department shall conduct a site
evaluation of the school district or applicable buildings to
determine whether the school district is in compliance with
minimum standards established by law or rule.
(3) Site evaluations conducted under divisions (D)(1) and (2)
of this section shall include, but not be limited to, the
following:
(a) Determining whether teachers are assigned to subject
areas for which they are licensed or certified;
(b) Determining pupil-teacher ratios;
(c) Examination of compliance with minimum instruction time
requirements for each school day and for each school year;
(d) Determining whether materials and equipment necessary to
implement the curriculum approved by the school district board are
available;
(e) Examination of whether the teacher and principal
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,
and 3319.111 of the Revised Code;
(f) Examination of the adequacy of efforts to improve the
cultural competency, as defined pursuant to section 3319.61 of the
Revised Code, of teachers and other educators.
(E) This division applies only to school districts that
operate a school building that fails to make adequate yearly
progress for two or more consecutive school years. It does not
apply to any such district after June 30, 2008, except as provided
in division (D)(2) of section 3313.97 of the Revised Code.
(1) For any school building that fails to make adequate
yearly progress for two consecutive school years, the district
shall do all of the following:
(a) Provide written notification of the academic issues that
resulted in the building's failure to make adequate yearly
progress to the parent or guardian of each student enrolled in the
building. The notification shall also describe the actions being
taken by the district or building to improve the academic
performance of the building and any progress achieved toward that
goal in the immediately preceding school year.
(b) If the building receives funds under Title 1, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section
3313.97 of the Revised Code, offer all students enrolled in the
building the opportunity to enroll in an alternative building
within the district that is not in school improvement status as
defined by the "No Child Left Behind Act of 2001." Notwithstanding
Chapter 3327. of the Revised Code, the district shall spend an
amount equal to twenty per cent of the funds it receives under
Title I, Part A of the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6311 to 6339, to provide transportation for
students who enroll in alternative buildings under this division,
unless the district can satisfy all demand for transportation with
a lesser amount. If an amount equal to twenty per cent of the
funds the district receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339, is insufficient to satisfy all demand for transportation,
the district shall grant priority over all other students to the
lowest achieving students among the subgroup described in division
(B)(3) of section 3302.01 of the Revised Code in providing
transportation. Any district that does not receive funds under
Title I, Part A of the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide
transportation to any student who enrolls in an alternative
building under this division.
(2) For any school building that fails to make adequate
yearly progress for three consecutive school years, the district
shall do both of the following:
(a) If the building receives funds under Title 1, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section
3313.97 of the Revised Code, provide all students enrolled in the
building the opportunity to enroll in an alternative building
within the district that is not in school improvement status as
defined by the "No Child Left Behind Act of 2001." Notwithstanding
Chapter 3327. of the Revised Code, the district shall provide
transportation for students who enroll in alternative buildings
under this division to the extent required under division (E)(2)
of this section.
(b) If the building receives funds under Title 1, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, offer supplemental educational
services to students who are enrolled in the building and who are
in the subgroup described in division (B)(3) of section 3302.01 of
the Revised Code.
The district shall spend a combined total of an amount equal
to twenty per cent of the funds it receives under Title I, Part A
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under division (E)(1)(b) or (E)(2)(a) of
this section and to pay the costs of the supplemental educational
services provided to students under division (E)(2)(b) of this
section, unless the district can satisfy all demand for
transportation and pay the costs of supplemental educational
services for those students who request them with a lesser amount.
In allocating funds between the requirements of divisions
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district
shall spend at least an amount equal to five per cent of the funds
it receives under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide
transportation for students who enroll in alternative buildings
under division (E)(1)(b) or (E)(2)(a) of this section, unless the
district can satisfy all demand for transportation with a lesser
amount, and at least an amount equal to five per cent of the funds
it receives under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs
of the supplemental educational services provided to students
under division (E)(2)(b) of this section, unless the district can
pay the costs of such services for all students requesting them
with a lesser amount. If an amount equal to twenty per cent of the
funds the district receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339, is insufficient to satisfy all demand for transportation
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay
the costs of all of the supplemental educational services provided
to students under division (E)(2)(b) of this section, the district
shall grant priority over all other students in providing
transportation and in paying the costs of supplemental educational
services to the lowest achieving students among the subgroup
described in division (B)(3) of section 3302.01 of the Revised
Code.
Any district that does not receive funds under Title I, Part
A of the "Elementary and Secondary Education Act of 1965," 20
U.S.C. 6311 to 6339, shall not be required to provide
transportation to any student who enrolls in an alternative
building under division (E)(2)(a) of this section or to pay the
costs of supplemental educational services provided to any student
under division (E)(2)(b) of this section.
No student who enrolls in an alternative building under
division (E)(2)(a) of this section shall be eligible for
supplemental educational services under division (E)(2)(b) of this
section.
(3) For any school building that fails to make adequate
yearly progress for four consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall implement at least one of the following options with respect
to the building:
(a) Institute a new curriculum that is consistent with the
statewide academic standards adopted pursuant to division (A) of
section 3301.079 of the Revised Code;
(b) Decrease the degree of authority the building has to
manage its internal operations;
(c) Appoint an outside expert to make recommendations for
improving the academic performance of the building. The district
may request the department to establish a state intervention team
for this purpose pursuant to division (G) of this section.
(d) Extend the length of the school day or year;
(e) Replace the building principal or other key personnel;
(f) Reorganize the administrative structure of the building.
(4) For any school building that fails to make adequate
yearly progress for five consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall develop a plan during the next succeeding school year to
improve the academic performance of the building, which shall
include at least one of the following options:
(a) Reopen the school as a community school under Chapter
3314. of the Revised Code;
(c) Contract with a nonprofit or for-profit entity to operate
the building;
(d) Turn operation of the building over to the department;
(e) Other significant restructuring of the building's
governance.
(5) For any school building that fails to make adequate
yearly progress for six consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall implement the plan developed pursuant to division (E)(4) of
this section.
(6) A district shall continue to comply with division
(E)(1)(b) or (E)(2) of this section, whichever was most recently
applicable, with respect to any building formerly subject to one
of those divisions until the building makes adequate yearly
progress for two consecutive school years.
(F) This division applies only to school districts that have
been identified for improvement by the department pursuant to the
"No Child Left Behind Act of 2001." It does not apply to any such
district after June 30, 2008.
(1) If a school district has been identified for improvement
for one school year, the district shall provide a written
description of the continuous improvement plan developed by the
district pursuant to division (B) of this section to the parent or
guardian of each student enrolled in the district. If the district
does not have a continuous improvement plan, the district shall
develop such a plan in accordance with division (B) of this
section and provide a written description of the plan to the
parent or guardian of each student enrolled in the district.
(2) If a school district has been identified for improvement
for two consecutive school years, the district shall continue to
implement the continuous improvement plan developed by the
district pursuant to division (B) or (F)(1) of this section.
(3) If a school district has been identified for improvement
for three consecutive school years, the department shall take at
least one of the following corrective actions with respect to the
district:
(a) Withhold a portion of the funds the district is entitled
to receive under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339;
(b) Direct the district to replace key district personnel;
(c) Institute a new curriculum that is consistent with the
statewide academic standards adopted pursuant to division (A) of
section 3301.079 of the Revised Code;
(d) Establish alternative forms of governance for individual
school buildings within the district;
(e) Appoint a trustee to manage the district in place of the
district superintendent and board of education.
The department shall conduct individual audits of a sampling
of districts subject to this division to determine compliance with
the corrective actions taken by the department.
(4) If a school district has been identified for improvement
for four consecutive school years, the department shall continue
to monitor implementation of the corrective action taken under
division (F)(3) of this section with respect to the district.
(5) If a school district has been identified for improvement
for five consecutive school years, the department shall take at
least one of the corrective actions identified in division (F)(3)
of this section with respect to the district, provided that the
corrective action the department takes is different from the
corrective action previously taken under division (F)(3) of this
section with respect to the district.
(G) The department may establish a state intervention team to
evaluate all aspects of a school district or building, including
management, curriculum, instructional methods, resource
allocation, and scheduling. Any such intervention team shall be
appointed by the department and shall include teachers and
administrators recognized as outstanding in their fields. The
intervention team shall make recommendations regarding methods for
improving the performance of the district or building.
The department shall not approve a district's request for an
intervention team under division (E)(3) of this section if the
department cannot adequately fund the work of the team, unless the
district agrees to pay for the expenses of the team.
(H) The department shall conduct individual audits of a
sampling of community schools established under Chapter 3314. of
the Revised Code to determine compliance with this section.
(I) The state board shall adopt rules for implementing this
section.
Sec. 3302.061. (A) A school district board of education shall
review each application received under section 3302.06 of the
Revised Code and, within sixty days after receipt of the
application, shall approve or disapprove the application. In
reviewing applications, the board shall give preference to
applications that propose innovations in one or more of the
following areas:
(2) Student assessments, other than the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised
Code;
(4) Accountability measures, including innovations that
expand the number and variety of measures used in order to collect
more complete data about student academic performance. For this
purpose, schools may consider use of measures such as
end-of-course examinations, portfolios of student work, nationally
or internationally normed assessments, the percentage of students
enrolling in post-secondary education, or the percentage of
students simultaneously obtaining a high school diploma and an
associate's degree or certification to work in an industry or
career field.
(5) Provision of student services, including services for
students who are disabled, identified as gifted under Chapter
3324. of the Revised Code, limited English proficient, at risk of
academic failure or dropping out, or at risk of suspension or
expulsion;
(6) Provision of health, counseling, or other social services
to students;
(7) Preparation of students for transition to higher
education or the workforce;
(8) Teacher recruitment, employment, and evaluation;
(9) Compensation for school personnel;
(10) Professional development;
(11) School governance and the roles and responsibilities of
principals;
(12) Use of financial or other resources.
(B)(1) If the board approves an application seeking
designation as an innovation school, it shall so designate the
school that submitted the application. If the board approves an
application seeking designation as an innovation school zone, it
shall so designate the participating schools that submitted the
application.
(2) If the board disapproves an application, it shall provide
a written explanation of the basis for its decision to the school
or schools that submitted the application. The school or schools
may reapply for designation as an innovation school or innovation
school zone at any time.
(C) The board may approve an application that allows an
innovation school or a school participating in an innovation
school zone to determine the compensation of board employees
working in the school, but the total compensation for all such
employees shall not exceed the financial resources allocated to
the school by the board. The school shall not be required to
comply with the salary schedule adopted by the board under section
3311.78, 3317.14, or 3317.141 of the Revised Code. The board may
approve an application that allows an innovation school or a
school participating in an innovation school zone to remove board
employees from the school, but no employee shall be terminated
except as provided in section 3311.82, 3319.081, or 3319.16 of the
Revised Code.
(D) The board may do either of the following at any time:
(1) Designate a school as an innovation school by creating an
innovation plan for that school and offering the school an
opportunity to participate in the plan's creation;
(2) Designate as an innovation school zone two or more
schools that share common interests based on factors such as
geographical proximity or similar educational programs or that
serve the same classes of students as they advance to higher grade
levels, by creating an innovation plan for those schools and
offering the schools an opportunity to participate in the plan's
creation.
Sec. 3307.01. As used in this chapter:
(A) "Employer" means the board of education, school district,
governing authority of any community school established under
Chapter 3314. of the Revised Code, a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code, college, university, institution, or
other agency within the state by which a teacher is employed and
paid.
(B) "Teacher" means all of the following:
(1) Any person paid from public funds and employed in the
public schools of the state under any type of contract described
in section 3311.77 or 3319.08 of the Revised Code in a position
for which the person is required to have a license issued pursuant
to sections 3319.22 to 3319.31 of the Revised Code;
(2) Any person employed as a teacher by a community school or
a science, technology, engineering, and mathematics school
pursuant to Chapter 3314. or 3326. of the Revised Code;
(3) Any person having a license issued pursuant to sections
3319.22 to 3319.31 of the Revised Code and employed in a public
school in this state in an educational position, as determined by
the state board of education, under programs provided for by
federal acts or regulations and financed in whole or in part from
federal funds, but for which no licensure requirements for the
position can be made under the provisions of such federal acts or
regulations;
(4) Any other teacher or faculty member employed in any
school, college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, and the university
of Toledo;
(5) The educational employees of the department of education,
as determined by the state superintendent of public instruction.
In all cases of doubt, the state teachers retirement board
shall determine whether any person is a teacher, and its decision
shall be final.
"Teacher" does not include any eligible employee of a public
institution of higher education, as defined in section 3305.01 of
the Revised Code, who elects to participate in an alternative
retirement plan established under Chapter 3305. of the Revised
Code.
(C) "Member" means any person included in the membership of
the state teachers retirement system, which shall consist of all
teachers and contributors as defined in divisions (B) and (D) of
this section and all disability benefit recipients, as defined in
section 3307.50 of the Revised Code. However, for purposes of this
chapter, the following persons shall not be considered members:
(1) A student, intern, or resident who is not a member while
employed part-time by a school, college, or university at which
the student, intern, or resident is regularly attending classes;
(2) A person denied membership pursuant to section 3307.24 of
the Revised Code;
(3) An other system retirant, as defined in section 3307.35
of the Revised Code, or a superannuate;
(4) An individual employed in a program established pursuant
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29
U.S.C.A. 1501.
(D) "Contributor" means any person who has an account in the
teachers' savings fund or defined contribution fund.
(E) "Beneficiary" means any person eligible to receive, or in
receipt of, a retirement allowance or other benefit provided by
this chapter.
(F) "Year" means the year beginning the first day of July and
ending with the thirtieth day of June next following, except that
for the purpose of determining final average salary under the plan
described in sections 3307.50 to 3307.79 of the Revised Code,
"year" may mean the contract year.
(G) "Local district pension system" means any school teachers
pension fund created in any school district of the state in
accordance with the laws of the state prior to September 1, 1920.
(H) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the normal
and deficiency rates, contributions, and funds wherever used in
this chapter.
(I) "Five years of service credit" means employment covered
under this chapter and employment covered under a former
retirement plan operated, recognized, or endorsed by a college,
institute, university, or political subdivision of this state
prior to coverage under this chapter.
(J) "Actuary" means the actuarial consultant to the state
teachers retirement board, who shall be either of the following:
(1) A member of the American academy of actuaries;
(2) A firm, partnership, or corporation of which at least one
person is a member of the American academy of actuaries.
(K) "Fiduciary" means a person who does any of the following:
(1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets;
(2) Renders investment advice for a fee, direct or indirect,
with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in the
administration of the system.
(L)(1) Except as provided in this division, "compensation"
means all salary, wages, and other earnings paid to a teacher by
reason of the teacher's employment, including compensation paid
pursuant to a supplemental contract. The salary, wages, and other
earnings shall be determined prior to determination of the amount
required to be contributed to the teachers' savings fund or
defined contribution fund under section 3307.26 of the Revised
Code and without regard to whether any of the salary, wages, or
other earnings are treated as deferred income for federal income
tax purposes.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer;
(b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter are paid;
(d) Amounts paid by the employer to provide life insurance,
sickness, accident, endowment, health, medical, hospital, dental,
or surgical coverage, or other insurance for the teacher or the
teacher's family, or amounts paid by the employer to the teacher
in lieu of providing the insurance;
(e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development;
(f) Payments made by the employer in exchange for a member's
waiver of a right to receive any payment, amount, or benefit
described in division (L)(2) of this section;
(g) Payments by the employer for services not actually
rendered;
(h) Any amount paid by the employer as a retroactive increase
in salary, wages, or other earnings, unless the increase is one of
the following:
(i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an
administrator issued under section 3319.22 of the Revised Code
that is paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the licenses;
(ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section
3319.22 of the Revised Code that is paid in accordance with
uniform criteria applicable to all members employed by the board
in positions requiring the licenses;
(iii) A retroactive increase paid to a member employed by a
school district board of education as a superintendent that is
also paid as described in division (L)(2)(h)(i) of this section;
(iv) A retroactive increase paid to a member employed by an
employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer.
(i) Payments made to or on behalf of a teacher that are in
excess of the annual compensation that may be taken into account
by the retirement system under division (a)(17) of section 401 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as amended. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may
be taken into account by the retirement system shall be determined
under division (d)(3) of section 13212 of the "Omnibus Budget
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.
(j) Payments made under division (B), (C), or (E) of section
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general assembly, Section 3 of Amended
Substitute Senate Bill No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(k) Anything of value received by the teacher that is based
on or attributable to retirement or an agreement to retire.
(3) The retirement board shall determine by rule both of the
following:
(a) Whether particular forms of earnings are included in any
of the categories enumerated in this division;
(b) Whether any form of earnings not enumerated in this
division is to be included in compensation.
Decisions of the board made under this division shall be
final.
(M) "Superannuate" means both of the following:
(1) A former teacher receiving from the system a retirement
allowance under section 3307.58 or 3307.59 of the Revised Code;
(2) A former teacher receiving a benefit from the system
under a plan established under section 3307.81 of the Revised
Code, except that "superannuate" does not include a former teacher
who is receiving a benefit based on disability under a plan
established under section 3307.81 of the Revised Code.
For purposes of sections 3307.35 and 3307.353 of the Revised
Code, "superannuate" also means a former teacher receiving from
the system a combined service retirement benefit paid in
accordance with section 3307.57 of the Revised Code, regardless of
which retirement system is paying the benefit.
Sec. 3311.71. (A) As used in this section and in sections
3311.72 to 3311.76 3311.86 of the Revised Code:
(1) "Municipal school district" means a school district that
is or has ever been under a federal court order requiring
supervision and operational, fiscal, and personnel management of
the district by the state superintendent of public instruction.
(2) "Mayor" means the mayor of the municipal corporation
containing the greatest portion of a municipal school district's
territory.
(B) Whenever any municipal school district is released by a
federal court from an order requiring supervision and operational,
fiscal, and personnel management of the district by the state
superintendent, the management and control of that district shall
be assumed, effective immediately, by a new nine-member board of
education. Members of the new board shall be appointed by the
mayor, who shall also designate one member as the chairperson of
the board. In addition to the rights, authority, and duties
conferred upon the chairperson by sections 3311.71 to 3311.76
3311.86 of the Revised Code, the chairperson shall have all the
rights, authority, and duties conferred upon the president of a
board of education by the Revised Code that are not inconsistent
with sections 3311.71 to 3311.76 3311.86 of the Revised Code.
(C) No school board member shall be appointed by the mayor
pursuant to division (B) of this section until the mayor has
received a slate of at least eighteen candidates nominated by a
municipal school district nominating panel, at least three of whom
reside in the municipal school district but not in the municipal
corporation containing the greatest portion of the district's
territory. The municipal school district nominating panel shall be
initially convened and chaired by the state superintendent of
public instruction, who shall serve as a nonvoting member for the
first two years of the panel's existence, and shall consist of
eleven persons selected as follows:
(1) Three parents or guardians of children attending the
schools of the municipal school district appointed by the district
parent-teacher association, or similar organization selected by
the state superintendent;
(2) Three persons appointed by the mayor;
(3) One person appointed by the president of the legislative
body of the municipal corporation containing the greatest portion
of the municipal school district's territory;
(4) One teacher appointed by the collective bargaining
representative of the school district's teachers;
(5) One principal appointed through a vote of the school
district's principals, which vote shall be conducted by the state
superintendent;
(6) One representative of the business community appointed by
an organized collective business entity selected by the mayor;
(7) One president of a public or private institution of
higher education located within the municipal school district
appointed by the state superintendent of public instruction.
The municipal school district nominating panel shall select
one of its members as its chairperson commencing two years after
the date of the first meeting of the panel, at which time the
state superintendent of public instruction shall no longer convene
or chair the panel. Thereafter, the panel shall meet as necessary
to make nominations at the call of the chairperson. All members of
the panel shall serve at the pleasure of the appointing authority.
Vacancies on the panel shall be filled in the same manner as the
initial appointments.
(D) No individual shall be appointed by the mayor pursuant to
division (B) or (F) of this section unless the individual has been
nominated by the nominating panel, resides in the school district,
and holds no elected public office. At any given time, four of the
nine members appointed by the mayor to serve on the board pursuant
to either division (B) or (F) of this section shall have
displayed, prior to appointment, significant expertise in either
the education field, finance, or business management. At all times
at least one member of the board shall be an individual who
resides in the municipal school district but not in the municipal
corporation containing the greatest portion of the district's
territory.
(E) The terms of office of all members appointed by the mayor
pursuant to division (B) of this section shall expire on the next
thirtieth day of June following the referendum election required
by section 3311.73 of the Revised Code. The mayor may, with the
advice and consent of the nominating panel, remove any member
appointed pursuant to that division or division (F) of this
section for cause.
(F) If the voters of the district approve the continuation of
an appointed board at the referendum election required by section
3311.73 of the Revised Code, the mayor shall appoint the members
of a new board from a slate prepared by the nominating panel in
the same manner as the initial board was appointed pursuant to
divisions (B), (C), and (D) of this section. Five of the members
of the new board shall be appointed to four-year terms and the
other four shall be appointed to two-year terms, each term
beginning on the first day of July. Thereafter, the mayor shall
appoint members to four-year terms in the same manner as described
in divisions (B), (C), and (D) of this section. The minimum number
of individuals who shall be on the slate prepared by the
nominating panel for this purpose shall be at least twice the
number of members to be appointed, including at least two who
reside in the municipal school district but not in the municipal
corporation containing the greatest portion of the district's
territory.
(G) In addition to the nine members appointed by the mayor,
the boards appointed pursuant to divisions (B) and (F) of this
section shall include the following nonvoting ex officio members:
(1) If the main campus of a state university specified in
section 3345.011 of the Revised Code is located within the
municipal school district, the president of the university or the
president's designee;
(2) If any community college has its main branch located
within the district, the president of the community college that
has the largest main branch within the district, or the
president's designee.
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 3311.86 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 3311.86 of the
Revised Code.
(D) Notwithstanding Chapters 124. and 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. 3311.74. (A) The board of education of a municipal
school district, in consultation with the department of education,
shall set goals for the district's educational, financial, and
management progress and establish accountability standards with
which to measure the district's progress.
(B)(1) The chief executive officer of a municipal school
district shall develop, implement, and regularly update a plan to
measure student academic performance at each school within the
district. Where The plan developed by the chief executive officer
shall include a component that requires the parents or guardians
of students who attend the district's schools to attend, prior to
the fifteenth day of December each year, at least one
parent-teacher conference or similar event held by the school the
student attends to provide an opportunity for the parents and
guardians to meet the student's teachers, discuss expectations for
the student, discuss the student's performance, and foster
communication between home and school.
(2) Where measurements demonstrate that students in
particular schools are not achieving, or are not improving their
achievement levels at an acceptable rate, the plan shall contain
provisions requiring the chief executive officer, with the
concurrence of the board, to take corrective action within those
schools, including, but not limited to, reallocation of academic
and financial resources, reassignment of staff, redesign of
academic program,
programs, adjusting the length of the school
year or school day, and deploying additional assistance to
students.
(3) Prior to taking corrective action pursuant to the plan,
the chief executive officer shall first identify which schools are
in need of corrective action, what corrective action is warranted
at each school, and when the corrective action should be
implemented. Collectively, these items shall be known as the
"corrective plan." The corrective plan is not intended to be used
as a cost savings measure; rather, it is intended to improve
student performance at targeted schools.
Immediately after developing the corrective plan, the chief
executive officer and the presiding officer of each labor
organization whose members will be affected by the corrective plan
shall each appoint up to four individuals to form one or more
corrective action teams. The corrective action teams, within the
timelines set by the chief executive officer for implementation of
the corrective plan, shall collaborate with the chief executive
officer and, where there are overlapping or mutual concerns, with
other corrective action teams to make recommendations to the chief
executive officer on implementation of the corrective plan.
If the chief executive officer disagrees with all or part of
the recommendations of a corrective action team, or if a
corrective action team fails to make timely recommendations on the
implementation of all or part of the corrective plan, the chief
executive officer may implement the corrective plan in the manner
in which the chief executive officer determines to be in the best
interest of the students, consistent with the timelines originally
established.
The chief executive officer and any corrective action team
are not bound by the applicable provisions of collective
bargaining agreements in developing recommendations for and
implementing the corrective plan.
(4) Notwithstanding anything to the contrary in Chapter 4117.
of the Revised Code, the content and implementation of the
corrective plan prevail over any conflicting provision of a
collective bargaining agreement entered into on or after the
effective date of this amendment.
(C) Annually the chief executive officer shall issue a report
to residents of the district that includes results of achievement
measurements made under division (B)(1) of this section and
delineates the nature of any reforms and corrective actions being
taken in response to any failure to achieve at an acceptable level
or rate. The report shall also contain descriptions of efforts
undertaken to improve the overall quality or efficiency of
operation of the district, shall list the source of all district
revenues, and shall contain a description of all district
expenditures during the preceding fiscal year.
(D) The chief executive officer shall implement a public
awareness campaign to keep the parents and guardians of the
district's students informed of the changes being implemented
within the district. The campaign may include such methods as
community forums, letters, and brochures. It shall include annual
distribution to all parents and guardians of an information card
specifying the names and business addresses and telephone numbers
of the ombudspersons appointed under section 3311.72 of the
Revised Code and other employees of the district board of
education who may serve as information resources for parents and
guardians.
Sec. 3311.76. (A) Notwithstanding Chapters 3302. and 3317.
of the Revised Code, upon written request of the district chief
executive officer, the state superintendent of public instruction
may exempt a municipal school district from any rules adopted
under requirement of Title XXXIII of the Revised Code or any rule
adopted under that title, except for any requirement of or rule
adopted under Chapter 3307. or 3309., any of sections 3319.07 to
3319.21 that apply to a municipal school district, or Chapter
3323. of the Revised Code, and may authorize a municipal school
district to apply funds allocated to the district under Chapter
3317. of the Revised Code, except those specifically allocated to
purposes other than current expenses, to the payment of debt
charges on the district's public obligations. The request must
specify the provisions requirements or rules from which the
district is seeking exemption or the application requested and the
reasons for the request. The state superintendent shall approve
the request if the superintendent finds the requested exemption or
application is in the best interest of the district's students.
The superintendent shall approve or disapprove the request within
thirty days and shall notify the district board and the district
chief executive officer of approval or reasons for disapproving
the request.
(B) In addition to the rights, authority, and duties
conferred upon a municipal school district and its board of
education in sections 3311.71 to 3311.76 3311.86 of the Revised
Code, a municipal school district and its board shall have all of
the rights, authority, and duties conferred upon a city school
district and its board by law that are not inconsistent with
sections 3311.71 to 3311.76 3311.86 of the Revised Code.
Sec. 3311.77. Notwithstanding any provision of the Revised
Code to the contrary, and except as otherwise specified in
division (G)(1) of this section, a municipal school district shall
be subject to this section instead of section 3319.08 of the
Revised Code. Section 3319.0811 of the Revised Code shall not
apply to the district.
(A) The board of education of each municipal school district
shall enter into written contracts for the employment and
re-employment of all teachers. Contracts for the employment of
teachers shall be of three types, limited contracts, extended
limited contracts, and continuing contracts. If the board
authorizes compensation in addition to the salary paid under
section 3311.78 of the Revised Code for the performance of duties
by a teacher that are in addition to the teacher's regular
teaching duties, the board shall 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
set forth the teacher's duties and shall specify the salaries and
compensation to be paid for regular teaching duties and additional
teaching duties, respectively.
If the board adopts a motion or resolution to employ a
teacher under a limited contract or extended limited contract, or
under a continuing contract pursuant to division (E) of this
section, and the teacher accepts such employment, the failure of
such parties to execute a written contract shall not void such
employment contract.
(B) Teachers shall 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 the board shall adopt.
(C) The term of a limited contract for a teacher shall not
exceed the following:
(1) Five years, in the case of a contract entered into prior
to the effective date of this section;
(2) A term as authorized in division (D) of this section, in
the case of a contract entered into on or after the effective date
of this section.
(D) The term of an initial limited contract for a teacher
described in division (C)(2) of this section shall not exceed two
years. Any subsequent limited contract entered into with that
teacher shall not exceed five years.
(E) 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
teachers who have provided notice of their eligibility by the
fifteenth day of September of the year the teacher becomes
eligible for a continuing contract and who have met one of the
following criteria:
(1) The teacher holds a professional, permanent, or life
teacher's certificate;
(2) The teacher meets the following conditions:
(a) The teacher was initially issued a teacher's certificate
or educator license prior to January 1, 2011.
(b) The teacher holds a professional educator license issued
under section 3319.22 or 3319.222 or former section 3319.22 of the
Revised Code or a senior professional educator license or lead
professional educator license issued under section 3319.22 of the
Revised Code.
(c) The teacher has completed the applicable one of the
following:
(i) If the teacher did not hold a master's 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;
(ii) If the teacher held a master's 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 shall adopt.
(3) The teacher meets the following conditions:
(a) The teacher never held a teacher's certificate and was
initially issued an educator license on or after January 1, 2011.
(b) The teacher holds a professional educator license, senior
professional educator license, or lead professional educator
license issued under section 3319.22 of the Revised Code.
(c) The teacher has held an educator license for at least
seven years.
(d) The teacher has completed the applicable one of the
following:
(i) If the teacher did not hold a master's degree at the time
of initially receiving 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 that license, as
specified in rules which the state board shall adopt;
(ii) If the teacher held a master's degree at the time of
initially receiving 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 that license,
as specified in rules which the state board shall adopt.
(F) Nothing in division (E) of this section shall be
construed to void or otherwise affect a continuing contract
entered into prior to the effective date of this section.
(G) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code:
(1) The requirements of division (D)(3) of section 3319.08 of
the Revised Code prevail over any conflicting provisions of a
collective bargaining agreement entered into between October 16,
2009, and the effective date of this section.
(2) The requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement
entered into on or after the effective date of this section.
(H) Wherever the term "educator license" is used in this
section without reference to a specific type of educator license,
the term does not include an educator license for substitute
teaching issued under section 3319.226 of the Revised Code.
Sec. 3311.78. Notwithstanding any provision of the Revised
Code to the contrary, a municipal school district shall be subject
to this section instead of sections 3317.13, 3317.14, and 3317.141
of the Revised Code.
(A) As used in this section, "principal" includes an
assistant principal.
(B) The board of education of each municipal school district
annually shall adopt a differentiated salary schedule for teachers
based upon performance as described in division (D) of this
section. The board also annually shall adopt a differentiated
salary schedule for principals based upon performance as described
in division (D) of this section.
For each teacher or principal hired on or after the effective
date of this section, the board shall determine the teacher's or
principal's initial placement on the applicable salary schedule
based on years of experience and area of licensure and any other
factors the board considers appropriate. For each teacher hired
prior to the effective date of this section, the board shall
initially place the teacher on the applicable salary schedule so
that the teacher's annual salary on the schedule is comparable to
the teacher's annual salary for the school year immediately prior
to the school year covered by the schedule. For each principal
hired prior to the effective date of this section, the board shall
initially place the principal on the applicable salary schedule
consistent with the principal's employment contract.
(C) The salary of a teacher shall not be reduced unless such
reduction is accomplished as part of a negotiated collective
bargaining agreement. The salary of a principal shall not be
reduced during the term of the principal's employment contract
unless such reduction is by mutual agreement of the board and the
principal or is part of a uniform plan affecting the entire
district.
(D) For purposes of the schedules, the board shall measure a
teacher's or principal's performance by considering all of the
following:
(1) The level of license issued under section 3319.22 of the
Revised Code that the teacher or principal holds;
(2) Whether the teacher or principal is a highly qualified
teacher, as defined in section 3319.074 of the Revised Code;
(3) Ratings received by the teacher or principal on
performance evaluations conducted under section 3311.80 or 3311.84
of the Revised Code;
(4) Any specialized training and experience in the assigned
position.
(E) The salary schedules adopted under this section may
provide for additional compensation for teachers or principals who
perform duties, not contracted for under a supplemental contract,
that the board determines warrant additional compensation. Those
duties may include, but are not limited to, assignment to a school
building eligible for funding under Title I of the "Elementary and
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;
assignment to a building in "school improvement" status under the
"No Child Left Behind Act of 2001," as defined in section 3302.01
of the Revised Code; teaching in a grade level or subject area in
which the board has determined there is a shortage within the
district; assignment to a hard-to-staff school, as determined by
the board; or teaching in a school with an extended school day or
school year.
(F) The chief executive officer of the district, or the chief
executive officer's designee, annually shall review the salary of
each teacher and principal and make a recommendation to the board.
Based on the recommendation, the board may increase a teacher's or
principal's salary based on the teacher's or principal's
performance and duties as provided for in divisions (D) and (E) of
this section. The performance-based increase for a teacher or
principal rated as accomplished shall be greater than the
performance-based increase for a teacher or principal rated as
proficient. Notwithstanding division (C) of this section, division
(C) of section 3319.02, and section 3319.12 of the Revised Code,
the board may decrease the teacher's or principal's salary if the
teacher or principal will perform fewer or different duties
described in division (E) of this section in the school year for
which the salary is decreased.
(G) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
section. However, the board and the teachers' labor organization
shall negotiate the implementation of the differentiated salary
schedule for teachers and may negotiate additional factors
regarding teacher salaries, provided those factors are consistent
with this section.
Sec. 3311.79. (A) When assigning teachers to schools of a
municipal school district prior to the start of a school year,
teachers may apply for open positions. All applicants shall be
considered. Applicants may be interviewed by a building level team
comprised of the building principal, a representative of the
district teachers' labor organization, a parent, a staff member in
the same job classification as the posted position, and any other
members mutually agreed upon by the principal and the labor
organization representative. When openings occur, the principal
and labor organization representative shall mutually select the
members of the building level team. Interviews by the building
level team shall not be delayed due to the unavailability of duly
notified team members. The team shall make recommendations whether
to assign a teacher to an open position in the building based on
how suitably the teacher's credentials fulfill the needs of the
particular school. For this purpose, the building level team shall
consider the following credentials:
(1) The level of license issued under section 3319.22 of the
Revised Code that the teacher holds;
(2) The number of subject areas the teacher is licensed to
teach;
(3) Whether the teacher is a highly qualified teacher, as
defined in section 3319.074 of the Revised Code;
(4) The results of the teacher's performance evaluations
conducted under section 3311.80 of the Revised Code;
(5) Whether the teacher has recently taught and been
evaluated in the subject areas the teacher would teach at the
school;
(6) Any specialized training or experience the teacher
possesses that are relevant to the open position;
(7) Any other credentials established by the district chief
executive officer or a building level team.
(B) The building level team shall make its recommendations to
the district chief executive officer or the chief executive
officer's designee for the chief executive officer's or designee's
final approval of the assignment.
(C) In the event that open positions in one or more school
buildings have not been filled through the procedures set forth in
divisions (A) and (B) of this section, or if the building level
team has not been able to reach a consensus on a candidate, by ten
days prior to the first work day for teachers of the school year,
the district chief executive officer or the chief executive
officer's designee shall assign teachers to any of those open
positions based on the best interests of the district. In making
an assignment under this division, the chief executive officer or
the chief executive officer's designee shall take into
consideration all input from the building level team members.
(D) In the event that a position opens after the first
student day of the school year, the building level team interview
and recommendation procedures set forth in divisions (A) and (B)
of this section shall be used to fill the open position. If any
positions remain open, or if the building level team has not been
able to reach a consensus on a candidate, after a reasonable
period of time as determined by the chief executive officer or the
chief executive officer's designee, the chief executive officer or
the chief executive officer's designee shall assign teachers to
any of those open positions based on the best interests of the
district. In making an assignment under this division, the chief
executive officer or the chief executive officer's designee shall
take into consideration all input from the building level team
members.
(E) In the event it becomes necessary to assign, reassign, or
transfer a teacher, whether voluntarily or involuntarily on the
part of the teacher, for the purpose of promoting the best
interests of the district, the chief executive officer or the
chief executive officer's designee shall first meet with the
teacher, the principals of the affected buildings, and a
representative of the district teachers' labor organization. The
assignment, reassignment, or transfer shall not be delayed due to
the unavailability of the meeting participants who have been duly
notified.
(F) The district chief executive officer or a building level
team shall not use seniority or continuing contract status as the
primary factor in determining any teacher's assignment to a
school.
(G) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
section. However, the board and the teachers' labor organization
shall negotiate regarding the implementation of this section,
including the processes by which each building level team conducts
its interviews and makes recommendations, consistent with this
section.
Sec. 3311.80. Notwithstanding any provision of the Revised
Code to the contrary, a municipal school district shall be subject
to this section instead of section 3319.111 of the Revised Code.
(A) Not later than July 1, 2013, the board of education of
each municipal school district and the teachers' labor
organization shall develop and adopt standards-based teacher
evaluation procedures that conform with the framework for
evaluation of teachers developed under section 3319.112 of the
Revised Code. The evaluation procedures shall include at least
formal observations and classroom walk-throughs, which may be
announced or unannounced; examinations of samples of work, such as
lesson plans or assessments designed by a teacher; and multiple
measures of student academic growth.
(B) When using measures of student academic growth as a
component of a teacher's evaluation, those measures shall include
the value-added progress dimension prescribed by section 3302.021
of the Revised Code. For teachers of grade levels and subjects for
which the value-added progress dimension is not applicable, the
board shall administer assessments on the list developed under
division (B)(2) of section 3319.112 of the Revised Code.
(C)(1) Each teacher employed by the board shall be evaluated
at least once each school year, except as provided in division
(C)(2) of this section. The composite evaluation shall be
completed not later than the first day of June and the teacher
shall receive a written report of the results of the composite
evaluation not later than ten days after its completion or the
last teacher work day of the school year, whichever is earlier.
(2) Each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section may
be evaluated once every two school years, except that the teacher
shall be evaluated in any school year in which the teacher's
contract is due to expire. The biennial composite evaluation shall
be completed not later than the first day of June of the
applicable school year, and the teacher shall receive a written
report of the results of the composite evaluation not later than
ten days after its completion or the last teacher work day of the
school year, whichever is earlier.
(D) Each evaluation conducted pursuant to this section shall
be conducted by one or more of the following persons who have been
trained to conduct evaluations in accordance with criteria that
shall be developed jointly by the chief executive officer of the
district, or the chief executive officer's designee, and the
teachers' labor organization:
(1) The chief executive officer or a subordinate officer of
the district with responsibility for instruction or academic
affairs;
(2) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a principal issued under section 3319.22 of the Revised
Code;
(3) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a vocational director or a supervisor in any educational
area issued under section 3319.22 of the Revised Code;
(4) A person designated to conduct evaluations under an
agreement providing for peer assistance and review entered into by
the board and the teachers' labor organization.
(E) The evaluation procedures shall describe how the
evaluation results will be used for decisions regarding
compensation, retention, promotion, and reductions in force and
for removal of poorly performing teachers.
(F) A teacher may challenge any violations of the evaluation
procedures in accordance with the grievance procedure specified in
any applicable collective bargaining agreement. A challenge under
this division is limited to the determination of procedural errors
that have resulted in substantive harm to the teacher and to
ordering the correction of procedural errors. The failure of the
board or a person conducting an evaluation to strictly comply with
any deadline or evaluation forms established as part of the
evaluation process shall not be cause for an arbitrator to
determine that a procedural error occurred, unless the arbitrator
finds that the failure resulted in substantive harm to the
teacher. The arbitrator shall have no jurisdiction to modify the
evaluation results, but the arbitrator may stay any decision taken
pursuant to division (E) of this section pending the board's
correction of any procedural error. The board shall correct any
procedural error within fifteen business days after the
arbitrator's determination that a procedural error occurred.
(G) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
section. However, the board and the teachers' labor organization
may negotiate additional evaluation procedures, including an
evaluation process incorporating peer assistance and review,
provided the procedures are consistent with this section.
(H) This section does not apply to administrators appointed
by the chief executive officer of a municipal school district
under section 3311.72 of the Revised Code, administrators subject
to evaluation procedures under section 3311.84 or 3319.02 of the
Revised Code, or to any teacher employed as a substitute for less
than one hundred twenty days during a school year pursuant to
section 3319.10 of the Revised Code.
Sec. 3311.81. Notwithstanding any provision of the Revised
Code to the contrary, a municipal school district shall be subject
to this section instead of section 3319.11 of the Revised Code.
(A) As used in this section:
(1) "Evaluation procedures" means the procedures adopted
pursuant to division (A) of section 3311.80 of the Revised Code.
(2) "Limited contract" means a limited contract, as described
in section 3311.77 of the Revised Code, that the board of
education of a municipal school district enters into with a
teacher who is not eligible for a continuing contract.
(3) "Extended limited contract" means a limited contract, as
described in section 3311.77 of the Revised Code, that the board
enters into with a teacher who is eligible for a continuing
contract, but to whom a continuing contract has not been granted
by the board.
(B) The board of education of each municipal school district
shall enter into a limited contract with each teacher employed by
the board who is not eligible to be considered for a continuing
contract.
Any teacher employed under a limited contract who is not
eligible to be considered for a continuing contract is, at the
expiration of such limited contract, considered re-employed under
a one-year limited contract, unless the board gives such teacher
written notice of its intention not to re-employ such teacher on
or before the first day of June. The teacher is presumed to have
accepted such employment unless the teacher notifies the board in
writing to the contrary on or before the tenth day of July.
Any teacher receiving a written notice of the intention of
the board not to re-employ such teacher pursuant to this division
is entitled to a hearing under division (C) of this section.
(C) Any teacher receiving written notice of the intention of
the board not to re-employ such teacher pursuant to division (B)
of this section may request a hearing before the board. The
request for a hearing shall be in writing and shall be delivered
to the chief financial officer of the district within ten days of
the date of receipt of the notice. The hearing shall be held in
executive session of the board at the board's next scheduled
meeting. Following the hearing, or if no hearing is requested, the
board shall act on the question of the teacher's re-employment.
The decision of the board shall be final and shall not be subject
to further appeal.
(D)(1) Upon the recommendation of the chief executive officer
that a teacher be re-employed where the teacher satisfies the
criteria in division (E) of section 3311.77 of the Revised Code
and has taught in the district for at least three years, or at
least two years in the case of a teacher who received a continuing
contract elsewhere, the board shall enter into a continuing
contract with the teacher, unless the board by a three-fourths
vote of its full membership rejects the recommendation of the
chief executive officer. If the board rejects the recommendation,
or if the chief executive officer recommends that the teacher not
be re-employed, the board may proceed not to renew the teacher's
contract in accordance with this section as if the teacher was not
eligible to be considered for a continuing contract.
(2) In the event the chief executive officer does not
recommend to the board that a teacher receive a continuing
contract where the teacher satisfies the criteria in division (E)
of section 3311.77 of the Revised Code and has taught in the
district for at least three years, or at least two years in the
case of a teacher who received a continuing contract elsewhere,
the chief executive officer may recommend to the board that the
teacher receive an extended limited contract. In that event, the
chief executive officer, or the chief executive officer's
designee, shall provide the teacher written notice, not less than
five business days prior to any board action on the
recommendation, with reasons directed at professional development.
The board shall act on the recommendation for an extended limited
contract with reasons directed at professional development not
later than the first day of June. An extended limited contract may
be issued:
(a) For a teacher who has been awarded a continuing contract
in another school district and has served in the municipal school
district for two years, in one-year increments or for multiple
years, in no event to exceed a total of two years;
(b) For a teacher who is newly eligible for a continuing
contract, in one-year increments or for multiple years, in no
event to exceed a total of four years.
Upon any subsequent reemployment of the teacher after the
expiration of the extended limited contract or contracts, only a
continuing contract may be entered into. The teacher is presumed
to have accepted employment under such continuing contract unless
the teacher notifies the board in writing to the contrary before
the tenth day of July, and a continuing contract shall be executed
accordingly.
(3) In the event the chief executive officer fails to make
any recommendation regarding a contract for a teacher who
satisfies the criteria in division (E) of section 3311.77 of the
Revised Code and has taught in the district for at least three
years, or at least two years in the case of a teacher who received
a continuing contract elsewhere, the teacher shall be re-employed
under a one-year extended limited contract. That contract may be
subsequently extended for an additional one to three years
consistent with divisions (D)(2)(a) and (b) of this section. The
teacher is presumed to have accepted employment under such
extended limited contract unless the teacher notifies the board in
writing to the contrary before the tenth day of July.
(E) The provisions of this section shall not apply to any
supplemental written contracts entered into pursuant to section
3311.77 of the Revised Code.
(F) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
section. However, the board and the teachers' labor organization
shall negotiate the due process procedures preceding a teacher's
receipt of a written notice indicating the intent of the board not
to re-employ the teacher, which procedures shall be consistent
with this section.
Sec. 3311.82. Notwithstanding any provision of the Revised
Code to the contrary, a municipal school district shall be subject
to this section instead of sections 3319.16 and 3319.161 of the
Revised Code with respect to termination of teacher contracts, but
those sections shall apply to the district with respect to
termination of contracts with other district employees licensed by
the state board of education, subject to section 3311.72 and
division (F) of section 3311.84 of the Revised Code.
(A) The board of education of a municipal school district may
terminate the contract of a teacher employed by the board only for
good and just cause. In addition, the board may place a teacher on
disciplinary suspension without pay for a definite period of time
for good and just cause. For purposes of contract terminations,
good and just cause shall include receiving a composite evaluation
rating of ineffective under section 3311.80 of the Revised Code
for two consecutive years. A violation of division (A)(7) of
section 2907.03 of the Revised Code is grounds for termination or
disciplinary suspension without pay of a teacher under this
section.
(B) If an administrator determines, after a preliminary
investigation, that a teacher may have engaged in conduct that
could lead to a recommendation for termination or disciplinary
suspension without pay, the teacher shall be entitled to a
fact-finding hearing to determine if termination or disciplinary
suspension without pay is warranted. The hearing shall be held
before an administrator designated by the chief executive officer
of the district. Prior to the hearing, the administrator
designated by the chief executive officer shall provide the
teacher with written notice of the allegations and of the right to
request representation by the teachers' labor organization, and
copies of any written evidence related to the allegations. The
hearing shall be held within a reasonable period of time following
the teacher's receipt of the written notice of the allegations.
The teacher may have a representative of the teachers' labor
organization present at the hearing. During the hearing, the
teacher shall be given a meaningful opportunity to respond to the
allegations, including the opportunity to submit additional
evidence. Not later than ten business days after the hearing, the
administrator designated by the chief executive officer shall
notify the teacher in writing of the administrator's
recommendation for discipline and the rationale for the
recommendation, and shall provide a copy of the notification to
the chief executive officer.
(C) If the administrator designated by the chief executive
officer recommends to the chief executive officer that the teacher
be terminated or placed on disciplinary suspension without pay,
the chief executive officer shall review the evidence and
determine whether termination or disciplinary suspension without
pay is warranted. The chief executive officer shall make a
recommendation regarding discipline at the next scheduled meeting
of the board. The board may adopt or modify the chief executive
officer's recommendation, except that the board shall not increase
the recommended discipline. The board shall notify the teacher of
any action taken by the board on the chief executive officer's
recommendation. Any termination or disciplinary suspension without
pay imposed by the board shall take effect immediately.
(D) A teacher who is terminated or placed on disciplinary
suspension without pay under this section may appeal the board's
action in accordance with the grievance procedures specified in
any applicable collective bargaining agreement. The failure of the
board, chief executive officer, or administrator designated by the
chief executive officer to strictly comply with any procedures
established by this section or applicable collective bargaining
agreement shall not be cause for an arbitrator to overturn the
termination or disciplinary suspension without pay, unless the
arbitrator finds that the failure resulted in substantive harm to
the teacher.
(E) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code:
(1) The provisions of section 3319.16 of the Revised Code
relating to the grounds for termination of the contract of a
teacher prevail over any conflicting provisions of a collective
bargaining agreement entered into prior to the effective date of
this section.
(2) The requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement
entered into on or after the effective date of this section.
Sec. 3311.83. Notwithstanding any provision of the Revised
Code to the contrary, and except as otherwise specified in
division (E) of this section, a municipal school district shall be
subject to this section instead of section 3319.17 of the Revised
Code with respect to suspension of teacher contracts, but sections
3311.72, 3319.17, and 3319.171 of the Revised Code shall apply to
the district with respect to suspension of contracts of other
district employees who may be licensed by the state board of
education.
(A) When, for any of the following reasons that apply to a
municipal school district, the district board of education decides
that it will be necessary to reduce the number of teachers it
employs, it may make a reasonable reduction:
(1) Return to duty of regular teachers after leaves of
absence, including leaves of absence provided pursuant to section
3319.13 or 3319.14 of the Revised Code;
(2) Decreased enrollment of students in the district;
(3) Academic reasons resulting in consolidation of teaching
positions, duties, or functions or resulting in changes in
educational programs;
(5) Territorial changes affecting the district.
(B) In making any such reduction, the board shall proceed to
suspend contracts in accordance with the recommendation of the
district's chief executive officer and divisions (B)(1) and (2)
and (E) of this section.
(1) Each teacher affected by the reduction, based on area of
licensure, shall be placed in one of the following categories:
(a) Category 1A, which shall contain all teachers on limited
or extended limited contracts with a composite evaluation rating
of ineffective;
(b) Category 1B, which shall contain all teachers on
continuing contracts with a composite evaluation rating of
ineffective;
(c) Category 2A, which shall contain all teachers on limited
or extended limited contracts with a composite evaluation rating
of developing;
(d) Category 2B, which shall contain all teachers on
continuing contracts with a composite evaluation rating of
developing;
(e) Category 3A, which shall contain all teachers on limited
or extended limited contracts with a composite evaluation rating
of proficient;
(f) Category 3B, which shall contain all teachers on
continuing contracts with a composite evaluation rating of
proficient;
(g) Category 4A, which shall contain all teachers on limited
or extended limited contracts with a composite evaluation rating
of accomplished;
(h) Category 4B, which shall contain all teachers on
continuing contracts with a composite evaluation rating of
accomplished.
(2) Consistent with division (E) of this section, reductions
in the affected area of licensure shall be made starting with
teachers in category 1A and shall proceed sequentially through
teachers in category 4B, until all necessary reductions have
occurred.
(3) The evaluation ratings specified in division (B)(1) of
this section refer to composite evaluation ratings assigned to a
teacher in accordance with the evaluation procedures adopted under
section 3311.80 of the Revised Code.
(C) On a case-by-case basis, in lieu of suspending a contract
in whole, the board may suspend a contract in part, so that an
individual is required to work a percentage of the time the
employee otherwise is required to work under the contract and
receives a commensurate percentage of the full compensation the
employee otherwise would receive under the contract.
(D) The teachers whose contracts are suspended by the board
pursuant to this section shall have the right of restoration by
the board if and when teaching positions become vacant or are
created, for which the teachers are or become qualified within
three years after the date of the suspension of contract.
Consistent with division (E) of this section, the board shall
rehire teachers in the affected area of licensure starting with
teachers in category 4B and shall proceed sequentially through
teachers in category 1A, until all vacant positions have been
filled. No teacher whose contract has been suspended pursuant to
this section shall lose the right of restoration by reason of
having declined recall to a position that is less than full-time
or, if the teacher was not employed full-time just prior to
suspension of the teacher's continuing contract, to a position
requiring a lesser percentage of full-time employment than the
position the teacher last held while employed in the district.
(E)(1) Notwithstanding any provision to the contrary in
Chapter 4117. of the Revised Code, the requirements of this
section prevail over any conflicting provisions of a collective
bargaining agreement entered into on or after the effective date
of this section. However, the board and the teachers' labor
organization shall negotiate how specialized training and
experience will be factored into reduction in force and recall
decisions regardless of the categories prescribed by division (B)
of this section. In addition, the board and the teachers' labor
organization may negotiate additional factors to be considered in
determining the order of reductions, which factors shall not be
inconsistent with division (B) of this section.
(2) After applying specialized training and experience and
any other negotiated factors, teachers within the same category
prescribed by division (B) of this section shall be given
preference based on seniority.
Sec. 3311.84. Notwithstanding any provision of the Revised
Code to the contrary, a municipal school district shall be subject
to this section instead of division (D) of section 3319.02 of the
Revised Code with respect to principals and assistant principals,
but all other provisions of that section shall apply to the
district with respect to principals and assistant principals.
Section 3319.02 of the Revised Code in its entirety shall apply to
the district with respect to employees other than principals and
assistant principals who are covered by that section, except as
otherwise provided in section 3311.72 of the Revised Code.
(A) As used in this section, "principal" includes an
assistant principal.
(B) The board of education of each municipal school district
shall adopt procedures for the evaluation of principals and shall
evaluate all principals in accordance with those procedures. The
procedures shall be based on principles comparable to the teacher
evaluation procedures adopted under section 3311.80 of the Revised
Code, but shall be tailored to the duties and responsibilities of
principals and the environment in which principals work. Each
evaluation shall measure the principal's effectiveness in
performing the duties included in the principal's job description
and shall be considered by the board in deciding whether to renew
the principal's contract of employment.
(C) The evaluation procedures adopted under this section
shall require each principal to be evaluated annually through a
written evaluation process. The evaluation shall be conducted by
the chief executive officer of the district, or the chief
executive officer's designee.
(D) To provide time to show progress in correcting
deficiencies identified in the evaluation, each evaluation shall
be completed as follows:
(1) In any school year that the principal'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 principal by the end of the principal's contract
year as defined by the principal's annual salary notice.
(2) In any school year that the principal's contract of
employment is due to expire, at least a preliminary evaluation and
a final evaluation shall be completed in that year. A written copy
of the preliminary evaluation shall be provided to the principal
at least sixty days prior to any action by the board on the
principal's contract of employment. The final evaluation shall
indicate the chief executive officer's intended recommendation to
the board regarding a contract of employment for the principal. A
written copy of the final evaluation shall be provided to the
principal at least five days prior to the chief executive officer
making the recommendation to the board.
(E) At least thirty days prior to taking action to renew or
not renew the contract of a principal, the board shall notify the
principal of the board's intended action and that the principal
may request a meeting with the board regarding the board's
intended action. Upon request of the principal, the board shall
grant the principal a meeting in executive session. In that
meeting, the board shall discuss its reasons for considering
renewal or nonrenewal of the contract. The principal shall be
permitted to have a representative, chosen by the principal,
present at the meeting.
The establishment of evaluation procedures in accordance with
this section 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 a principal's contract.
(F) Termination of a principal's contract shall be in
accordance with section 3319.16 of the Revised Code, except as
follows:
(1) Failure of the principal's building to meet academic
performance standards established by the chief executive officer
shall be considered good and just cause for termination under that
section.
(2) If the chief executive officer intends to recommend to
the board that the principal's contract be terminated, the chief
executive officer shall provide the principal a written copy of
the principal's evaluation at least five days prior to making the
recommendation to the board.
Sec. 3311.85. (A) The board of education of each municipal
school district annually shall approve a calendar or calendars
establishing a school year that complies with the minimum school
year prescribed by section 3313.48 of the Revised Code. The board
has final authority to establish a school calendar, including the
starting and ending times for the school day, for one or more of
the district's school buildings that provides for additional
student days or hours beyond the minimum prescribed by that
section. A school's calendar may prescribe year-round instruction
or an extended school day.
(B) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements and authorizations of
this section prevail over any conflicting provisions of a
collective bargaining agreement entered into on or after the
effective date of this section. However, the district board and
teachers' labor organization shall negotiate regarding any
additional compensation for school staff for an extended school
year or school day, consistent with section 3311.78 of the Revised
Code.
Sec. 3311.86. (A) As used in this section:
(1) "Alliance" means a municipal school district
transformation alliance established as a nonprofit corporation.
(2) "Alliance municipal school district" means a municipal
school district for which an alliance has been created under this
section.
(3) "Partnering community school" means a community school
established under Chapter 3314. of the Revised Code that is
located within the territory of a municipal school district and is
sponsored by the district, receives services from the district,
leases a building from the district, or is a party to an agreement
with the district whereby the district and the community school
endorse each other's programs.
(4) "Transformation alliance education plan" means a plan
prepared by the mayor, and confirmed by the alliance, to transform
public education in the alliance municipal school district to a
system of municipal school district schools and partnering
community schools that will be held to the highest standards of
school performance and student achievement.
(B) If one or more partnering community schools are located
in a municipal school district, the mayor may initiate proceedings
to establish a municipal school district transformation alliance
as a nonprofit corporation under Chapter 1702. of the Revised
Code. The mayor shall appoint the initial directors of any
alliance created under this section. The directors of the alliance
shall include representatives of all of the following:
(1) The municipal school district;
(2) Partnering community schools;
(3) Members of the community at large, including parents and
educators;
(4) The business community, including business leaders and
foundation leaders.
No one group listed in divisions (B)(1) to (4) of this
section shall comprise a majority of the directors. The mayor
shall be an ex officio director, and serve as the chairperson of
the board of directors, of any alliance created under this
section. If the proceedings are initiated, the mayor shall
identify the initial directors in the articles of incorporation
filed under section 1702.04 of the Revised Code.
(C)(1) A majority of the members of the board of directors of
the alliance shall constitute a quorum of the board. Any formal
action taken by the board of directors shall take place at a
meeting of the board and shall require the concurrence of a
majority of the members of the board. Meetings of the board of
directors shall be public meetings open to the public at all
times, except that the board may hold an executive session for any
of the purposes for which an executive session of a public body is
permitted under division (G) of section 121.22 of the Revised
Code. The board of directors shall establish reasonable methods
whereby any person may determine the time and place of all of the
board's public meetings and by which any person, upon request, may
obtain reasonable advance notification of the board's public
meetings. Provisions for that advance notification may include,
but are not limited to, mailing notices to all subscribers on a
mailing list or mailing notices in self-addressed, stamped
envelopes provided by the person.
(2) All records of the alliance shall be organized and
maintained by the alliance and also filed with the department of
education. The alliance and the department shall make those
records available to the public as though those records were
public records for purposes of Chapter 149. of the Revised Code.
The department shall promptly notify the alliance upon the
department's receipt of any requests for records relating to the
alliance pursuant to section 149.43 of the Revised Code.
(3) The board of directors of the alliance shall establish a
conflicts of interest policy and shall adopt that policy, and any
amendments to the policy, at a meeting of the board held in
accordance with this section.
(D) If an alliance is created under this section, the
alliance shall do all of the following:
(1) Confirm and monitor implementation of the transformation
alliance education plan;
(2) Suggest national education models and develop venues for
the community and institutions within the territory of the
alliance municipal school district to provide input in the
development of new schools within the territory of the district;
(3) Work with the alliance municipal school district and
partnering community schools to adopt a comprehensive,
evidence-based framework to assess district and community schools
and advocate for school performance accountability with the
department of education. The alliance annually shall assess the
performance of district schools and community schools using the
framework adopted under this division.
(4) Communicate school choices within the territory of the
alliance municipal school district by publishing and making
available to parents and guardians of students an annual report
summarizing the alliance's assessments of district and community
school performance and providing, during the intradistrict open
enrollment period under section 3313.97 of the Revised Code,
information about educational choices;
(5) Assess community school growth and quality by applying
national quality standards as they relate to the opening of
community schools located within the territory of the alliance
municipal school district or the closure of failing community
schools located within the territory of the alliance municipal
school district.
(E) Divisions (E)(1) to (6) of this section apply to each
community school proposed to be located in an alliance municipal
school district and for which a contract under section 3314.03 of
the Revised Code has not been signed prior to the effective date
of this section.
(1) Before the governing authority of a community school to
which this division applies enters into a contract with a sponsor
under section 3314.03 of the Revised Code, the governing authority
shall request and receive approval from the alliance to establish
the community school.
(2) Before a person, group of individuals, or entity applies
to the department of education under section 3314.029 of the
Revised Code for authorization to establish a community school to
which this division applies, the person, group, or entity shall
request and receive approval from the alliance to establish the
community school.
(3) Each person or group of individuals that enters into a
preliminary agreement under division (C) of section 3314.02 of the
Revised Code for a community school that is subject to this
division immediately shall file a copy of the agreement, and each
amendment or supplement to the agreement, with the alliance.
(4) The governing authority of each community school that is
subject to this division immediately shall file a copy of the
contract it enters into under section 3314.03 of the Revised Code,
and each amendment or supplement to the contract, with the
alliance.
(5) The alliance, in consultation with the department of
education, shall establish objective criteria to be used in
determining approval of community schools under this section and
shall make the criteria available to community schools requesting
approval under this section.
(6) A governing authority, person, group, or entity whose
request under division (E)(1) or (2) of this section is denied may
appeal to the department of education to review the alliance's
decision. The department, using only the criteria established
under division (E)(5) of this section, may affirm or reverse the
alliance's decision. If the department reverses the alliance's
decision, the governing authority may enter into a contract under
section 3314.03 of the Revised Code, or the person, group, or
entity may apply for authorization under section 3314.029 of the
Revised Code.
(F) Directors, officers, and employees of an alliance are not
public employees or public officials, are not subject to Chapters
124., 145., and 4117. of the Revised Code, and are not "public
officials" or "public servants" as defined in section 2921.01 of
the Revised Code. Membership on the board of directors of an
alliance does not constitute the holding of an incompatible public
office or employment in violation of any statutory or common law
prohibition against the simultaneous holding of more than one
public office or employment. Members of the board of directors of
an alliance are not disqualified from holding any public office by
reason of that membership, and do not forfeit by reason of that
membership the public office or employment held when appointed to
the board, notwithstanding any contrary disqualification or
forfeiture requirement under the Revised Code or the common law of
this state.
Sec. 3313.41. (A) Except as provided in divisions (C), (D),
(F), and (G) of this section or section 3313.412 of the Revised
Code, when a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it shall sell the property
at public auction, after giving at least thirty days' notice of
the auction by publication in a newspaper of general circulation
in the school district, by publication as provided in section 7.16
of the Revised Code, or by posting notices in five of the most
public places in the school district in which the property, if it
is real property, is situated, or, if it is personal property, in
the school district of the board of education that owns the
property. The board may offer real property for sale as an entire
tract or in parcels.
(B) When the board of education has offered real or personal
property for sale at public auction at least once pursuant to
division (A) of this section, and the property has not been sold,
the board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the Revised Code, township park district, board of park
commissioners established under Chapter 755. of the Revised Code,
or park district established under Chapter 1545. of the Revised
Code; to a wholly or partially tax-supported university,
university branch, or college; or to the board of trustees of a
school district library, upon such terms as are agreed upon. The
sale of real or personal property to the board of trustees of a
school district library is limited, in the case of real property,
to a school district library within whose boundaries the real
property is situated, or, in the case of personal property, to a
school district library whose boundaries lie in whole or in part
within the school district of the selling board of education.
(D) When a board of education decides to trade as a part or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of education
shall execute and deliver deeds or other necessary instruments of
conveyance to complete any sale or trade under this section.
(F) When a board of education has identified a parcel of real
property that it determines is needed for school purposes, the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the identified real property. Any exchange or acquisition made
pursuant to this division shall be made by a conveyance executed
by the president and the treasurer of the board.
(G) When This division does not apply to a municipal school
district to which section 3313.412 of the Revised Code applies.
When a school district board of education decides to dispose
of real property, prior to disposing of that property under
divisions (A) to (F) of this section, it shall first offer that
property for sale to the governing authorities of the start-up
community schools established under Chapter 3314. of the Revised
Code located within the territory of the school district, at a
price that is not higher than the appraised fair market value of
that property. If more than one community school governing
authority accepts the offer made by the school district board, the
board shall sell the property to the governing authority that
accepted the offer first in time. If no community school governing
authority accepts the offer within sixty days after the offer is
made by the school district board, the board may dispose of the
property in the applicable manner prescribed under divisions (A)
to (F) of this section.
(H) When a school district board of education has property
that the board, by resolution, finds is not needed for school
district use, is obsolete, or is unfit for the use for which it
was acquired, the board may donate that property in accordance
with this division if the fair market value of the property is, in
the opinion of the board, two thousand five hundred dollars or
less.
The property may be donated to an eligible nonprofit
organization that is located in this state and is exempt from
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
Before donating any property under this division, the board shall
adopt a resolution expressing its intent to make unneeded,
obsolete, or unfit-for-use school district property available to
these organizations. The resolution shall include guidelines and
procedures the board considers to be necessary to implement the
donation program and shall indicate whether the school district
will conduct the donation program or the board will contract with
a representative to conduct it. If a representative is known when
the resolution is adopted, the resolution shall provide contact
information such as the representative's name, address, and
telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of
the organization's primary purpose; a description of the type or
types of property the organization needs; and the name, address,
and telephone number of a person designated by the organization's
governing board to receive donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district or as
provided in section 7.16 of the Revised Code, notice of its intent
to donate unneeded, obsolete, or unfit-for-use school district
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published twice. The second notice shall be published
not less than ten nor more than twenty days after the previous
notice. A similar notice also shall be posted continually in the
board's office. If the school district maintains a web site on the
internet, the notice shall be posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in the donation program's guidelines and
procedures, to receive donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the board's office, and, if the school
district maintains a web site on the internet, the list shall be
posted continually at that web site. An item of property on the
list shall be donated to the eligible nonprofit organization that
first declares to the board or its representative its desire to
obtain the item unless the board previously has established, by
resolution, a list of eligible nonprofit organizations that shall
be given priority with respect to the item's donation. Priority
may be given on the basis that the purposes of a nonprofit
organization have a direct relationship to specific school
district purposes of programs provided or administered by the
board. A resolution giving priority to certain nonprofit
organizations with respect to the donation of an item of property
shall specify the reasons why the organizations are given that
priority.
Members of the board shall consult with the Ohio ethics
commission, and comply with Chapters 102. and 2921. of the Revised
Code, with respect to any donation under this division to a
nonprofit organization of which a board member, any member of a
board member's family, or any business associate of a board member
is a trustee, officer, board member, or employee.
Sec. 3313.411. (A) This section does not apply to a municipal
school district to which section 3313.412 of the Revised Code
applies.
(A) As used in this section, "unused school facilities" means
any real property that has been used by a school district for
school operations, including, but not limited to, academic
instruction or administration, since July 1, 1998, but has not
been used in that capacity for two years.
(B) On and after the effective date of this section June 30,
2011, any school district board of education shall offer any
unused school facilities it owns in its corporate capacity for
lease or sale to the governing authorities of community schools
established under Chapter 3314. of the Revised Code that are
located within the territory of the school district.
(1) If, not later than sixty days after the district board
makes the offer, the governing authority of one community school
located within the territory of the school district notifies the
district treasurer in writing of its intention to purchase the
property, the district board shall sell the property to the
community school for the appraised fair market value of the
property.
(2) If, not later than sixty days after the district board
makes the offer, the governing authorities of two or more
community schools located within the territory of the school
district notify the district treasurer in writing of their
intention to purchase the property, the board shall conduct a
public auction in the manner required for auctions of district
property under division (A) of section 3313.41 of the Revised
Code. Only the governing authorities of all community schools
located within the territory of the school district are eligible
to bid at the auction. The district board is not obligated to
accept any bid for the property that is lower than the appraised
fair market value of the property.
(3) If the governing authorities of two or more community
schools located within the territory of the school district notify
the district treasurer in writing of their intention to lease the
property, the district board shall conduct a lottery to select the
community school to which the district board shall lease the
property.
(4) The lease price offered by a district board to the
governing authority of a community school under this section shall
not be higher than the fair market value for such a leasehold.
(5) If no community school governing authority accepts the
offer to lease or buy the property within sixty days after the
offer is made, the district board may offer the property to any
other entity in accordance with divisions (A) to (F) of section
3313.41 of the Revised Code.
(C) Notwithstanding division (B) of this section, a school
district board may renew any agreement it originally entered into
prior to the effective date of this section June 30, 2011, to
lease real property to an entity other than a community school.
Nothing in this section shall affect the leasehold arrangements
between the district board and that other entity.
Sec. 3313.412. This section applies only to a municipal
school district that has at least one partnering community school.
(A) As used in this section:
(1) "Municipal school district" has the same meaning as in
section 3311.71 of the Revised Code.
(2) "Partnering community school" means a community school
established under Chapter 3314. of the Revised Code that is
located within the territory of a municipal school district and is
sponsored by the district, receives services from the district,
leases a building from the district, or is a party to an agreement
with the district whereby the district and the community school
endorse each other's programs.
(3) "Unused academic facilities" means real property that the
board of education of a municipal school district owns in its
corporate capacity and that has been but is no longer being used
by the district for academic instruction.
(B) Except as provided in division (D) of this section, prior
to disposing of unused academic facilities under division (C) of
this section or section 3313.41 of the Revised Code, the board of
education of a municipal school district to which this section
applies shall offer that property for sale or lease, as determined
by the district board, to its partnering community schools at a
price that is not higher than the appraised fair market value of
the property or, if the district board offers the property for
lease, the fair market value for such a leasehold. If more than
one partnering community school submits a responsive acceptance of
the district's offer, the district board shall sell or lease the
property to the partnering community school that has the highest
current performing index score as reported under sections 3302.03
and 3314.012 of the Revised Code. If no partnering community
school submits a responsive acceptance of the offer within ten
business days after the offer is made, the property may be sold or
leased under division (C) of this section or sold under section
3313.41 of the Revised Code. The district board shall establish
terms, conditions, and procedures for offers made under this
section and may delegate to any district officer the authority to
determine if acceptances submitted by partnering community schools
are responsive to offers made by the board.
(C) The board of education of a municipal school district to
which this section applies may sell or lease real property it owns
in its corporate capacity, upon such terms as are agreed upon, to
any of the entities listed in division (C) of section 3313.41 of
the Revised Code and to any community school located within the
territory of the school district or a nonpublic school that is
chartered pursuant to section 3301.16 of the Revised Code.
(D) The board of education of a municipal school district to
which this section applies may sell or lease any real property it
owns in its corporate capacity to any individual or entity at the
written request of the mayor or legislative authority of the
municipal corporation within the territory of which all or a
portion of the real property is situated. The terms of the sale or
lease of the property shall be specified in the request of the
mayor or legislative authority. The request also shall include a
determination that the sale or lease of the property is in
furtherance of a public purpose of the municipal corporation.
(E) The chairperson of the district board and the chief
financial officer of the district shall execute and deliver deeds,
leases, or other necessary instruments of conveyance to complete
any sale or lease made under this section.
(F) The district board shall maintain a written inventory of
its unused academic facilities and its plans for reutilization or
disposition of those facilities and shall update that inventory at
least annually.
(G) Notwithstanding division (F) of section 5705.10 of the
Revised Code, if a school district board sells real property that
it owns in its corporate capacity, moneys received from the sale
may be paid into the general fund of the district, as long as the
district has owned the real property for at least five years and
the real property and any improvements to that real property were
not acquired with the proceeds of public obligations, as defined
in section 133.01 of the Revised Code, of the district that are
outstanding at the time of the sale.
Sec. 3313.975. As used in this section and in sections
3313.975 3313.976 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, new students may receive scholarships
in grades kindergarten to twelve. A student who has received a
scholarship may continue to receive one until the student has
completed 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, 3307.54, and 3319.17
3311.83 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. 3314.012. (A) Within ninety days of September 28, 1999,
the superintendent of public instruction shall appoint
representatives of the department of education, including
employees who work with the education management information
system, to a committee to develop report card models for community
schools. The committee shall design model report cards appropriate
for the various types of community schools approved to operate in
the state. Sufficient models shall be developed to reflect the
variety of grade levels served and the missions of the state's
community schools. All models shall include both financial and
academic data. The initial models shall be developed by March 31,
2000.
(B) The department of education shall issue an annual report
card for each community school, regardless of how long the school
has been in operation. The report card shall report the academic
and financial performance of the school utilizing one of the
models developed under division (A) of this section. The report
card shall include all information applicable to school buildings
under division (A) of section 3302.03 of the Revised Code. The
ratings a community school receives under section 3302.03 of the
Revised Code for its first two full school years shall not be
considered toward automatic closure of the school under section
3314.35 or 3314.351 of the Revised Code or any other matter that
is based on report card ratings.
(C) Upon receipt of a copy of a contract between a sponsor
and a community school entered into under this chapter, the
department of education shall notify the community school of the
specific model report card that will be used for that school.
(D) Report cards shall be distributed to the parents of all
students in the community school, to the members of the board of
education of the school district in which the community school is
located, and to any person who requests one from the department.
Sec. 3314.016. This section applies to any entity that
sponsors a community school, regardless of whether section
3314.021 or 3314.027 of the Revised Code exempts the entity from
the requirement to be approved for sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.
(A) An entity that sponsors a community school shall be
permitted to enter into contracts under section 3314.03 of the
Revised Code to sponsor additional community schools only if the
entity meets both of the following criteria:
(1) The entity is in compliance with all provisions of this
chapter requiring sponsors of community schools to report data or
information to the department of education.
(2) The entity is not ranked in the lowest twenty per cent of
community school sponsors on the ranking prescribed by division
(B) of this section.
(B) For purposes of this section, the department shall
develop a composite performance index score, as defined in section
3302.01 of the Revised Code, that measures the academic
performance of students enrolled in community schools sponsored by
the same entity. In calculating the composite performance index
score, the department shall exclude all community schools
described in division (A)(3)(2) of section 3314.35 and in division
(A)(2) of section 3314.351 of the Revised Code, but the department
shall cease to exclude those schools beginning January 1, 2013, if
the general assembly does not enact by that date separate
performance standards for community schools that operate dropout
prevention and recovery programs and for community schools that
serve students with disabilities. The department annually shall
rank all entities that sponsor community schools from highest to
lowest according to the entities' composite performance index
scores.
(C) If the governing authority of a community school enters
into a contract with a sponsor prior to the date on which the
sponsor is prohibited from sponsoring additional schools under
division (A) of this section and the school has not opened for
operation as of that date, that contract shall be void and the
school shall not open until the governing authority secures a new
sponsor by entering into a contract with the new sponsor under
section 3314.03 of the Revised Code.
Sec. 3314.10. (A)(1) The governing authority of any
community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its
mission and fulfill its contract.
(2) Except as provided under division (A)(3) of this section,
employees hired under this section may organize and collectively
bargain pursuant to Chapter 4117. of the Revised Code.
Notwithstanding division (D)(1) of section 4117.06 of the Revised
Code, a unit containing teaching and nonteaching employees
employed under this section shall be considered an appropriate
unit. As applicable, employment under this section is subject to
either Chapter 3307. or 3309. of the Revised Code.
(3) If a school is created by converting all or part of an
existing public school rather than by establishment of a new
start-up school, at the time of conversion, the employees of the
community school shall remain part of any collective bargaining
unit in which they were included immediately prior to the
conversion and shall remain subject to any collective bargaining
agreement for that unit in effect on the first day of July of the
year in which the community school initially begins operation and
shall be subject to any subsequent collective bargaining agreement
for that unit, unless a petition is certified as sufficient under
division (A)(6) of this section with regard to those employees.
Any new employees of the community school shall also be included
in the unit to which they would have been assigned had not the
conversion taken place and shall be subject to the collective
bargaining agreement for that unit unless a petition is certified
as sufficient under division (A)(6) of this section with regard to
those employees.
Notwithstanding division (B) of section 4117.01 of the
Revised Code, the board of education of a school district and not
the governing authority of a community school shall be regarded,
for purposes of Chapter 4117. of the Revised Code, as the "public
employer" of the employees of a conversion community school
subject to a collective bargaining agreement pursuant to division
(A)(3) of this section unless a petition is certified under
division (A)(6) of this section with regard to those employees.
Only on and after the effective date of a petition certified as
sufficient under division (A)(6) of this section shall division
(A)(2) of this section apply to those employees of that community
school and only on and after the effective date of that petition
shall Chapter 4117. of the Revised Code apply to the governing
authority of that community school with regard to those employees.
(4) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees of a conversion
community school who are subject to a collective bargaining
agreement pursuant to division (A)(3) of this section shall cease
to be subject to that agreement and all subsequent agreements
pursuant to that division and shall cease to be part of the
collective bargaining unit that is subject to that and all
subsequent agreements, if a majority of the employees of that
community school who are subject to that collective bargaining
agreement sign and submit to the state employment relations board
a petition requesting all of the following:
(a) That all the employees of the community school who are
subject to that agreement be removed from the bargaining unit that
is subject to that agreement and be designated by the state
employment relations board as a new and separate bargaining unit
for purposes of Chapter 4117. of the Revised Code;
(b) That the employee organization certified as the exclusive
representative of the employees of the bargaining unit from which
the employees are to be removed be certified as the exclusive
representative of the new and separate bargaining unit for
purposes of Chapter 4117. of the Revised Code;
(c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes
of Chapter 4117. of the Revised Code.
(5) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees of a conversion
community school who are subject to a collective bargaining
agreement pursuant to division (A)(3) of this section shall cease
to be subject to that agreement and all subsequent agreements
pursuant to that division, shall cease to be part of the
collective bargaining unit that is subject to that and all
subsequent agreements, and shall cease to be represented by any
exclusive representative of that collective bargaining unit, if a
majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the
state employment relations board a petition requesting all of the
following:
(a) That all the employees of the community school who are
subject to that agreement be removed from the bargaining unit that
is subject to that agreement;
(b) That any employee organization certified as the exclusive
representative of the employees of that bargaining unit be
decertified as the exclusive representative of the employees of
the community school who are subject to that agreement;
(c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes
of Chapter 4117. of the Revised Code.
(6) Upon receipt of a petition under division (A)(4) or (5)
of this section, the state employment relations board shall check
the sufficiency of the signatures on the petition. If the
signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved,
including the board of education, the governing authority of the
community school, and any exclusive representative of the
bargaining unit. The changes requested in a certified petition
shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is
certified under division (A)(6) of this section.
(B)(1) The board of education of each city, local, and
exempted village school district sponsoring a community school and
the governing board of each educational service center in which a
community school is located shall adopt a policy that provides a
leave of absence of at least three years to each teacher or
nonteaching employee of the district or service center who is
employed by a conversion or new start-up community school
sponsored by the district or located in the district or center for
the period during which the teacher or employee is continuously
employed by the community school. The policy shall also provide
that any teacher or nonteaching employee may return to employment
by the district or service center if the teacher or employee
leaves or is discharged from employment with the community school
for any reason, unless, in the case of a teacher, the board of the
district or service center determines that the teacher was
discharged for a reason for which the board would have sought to
discharge the teacher under section 3311.82 or 3319.16 of the
Revised Code, in which case the board may proceed to discharge the
teacher utilizing the procedures of that section. Upon termination
of such a leave of absence, any seniority that is applicable to
the person shall be calculated to include all of the following:
all employment by the district or service center prior to the
leave of absence; all employment by the community school during
the leave of absence; and all employment by the district or
service center after the leave of absence. The policy shall also
provide that if any teacher holding valid certification returns to
employment by the district or service center upon termination of
such a leave of absence, the teacher shall be restored to the
previous position and salary or to a position and salary similar
thereto. If, as a result of teachers returning to employment upon
termination of such leaves of absence, a school district or
educational service center reduces the number of teachers it
employs, it shall make such reductions in accordance with section
3319.171 of the Revised Code.
Unless a collective bargaining agreement providing otherwise
is in effect for an employee of a conversion community school
pursuant to division (A)(3) of this section, an employee on a
leave of absence pursuant to this division shall remain eligible
for any benefits that are in addition to benefits under Chapter
3307. or 3309. of the Revised Code provided by the district or
service center to its employees provided the employee pays the
entire cost associated with such benefits, except that personal
leave and vacation leave cannot be accrued for use as an employee
of a school district or service center while in the employ of a
community school unless the district or service center board
adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division (B)(1)
of this section, a conversion community school shall permit a
teacher to use sick leave accrued while in the employ of the
school district from which the leave of absence was taken and
prior to commencing such leave. If a teacher who is on such a
leave of absence uses sick leave so accrued, the cost of any
salary paid by the community school to the teacher for that time
shall be reported to the department of education. The cost of
employing a substitute teacher for that time shall be paid by the
community school. The department of education shall add amounts to
the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community
school as paid to a teacher using sick leave so accrued pursuant
to this section. The department shall subtract the amounts of any
payments made to community schools under this division from
payments made to such sponsoring school district under Chapter
3317. of the Revised Code.
A school district providing a leave of absence and employee
benefits to a person pursuant to this division is not liable for
any action of that person while the person is on such leave and
employed by a community school.
Sec. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2009, but before
July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(2) Except as provided in division (A)(3)(2) of this section,
this section applies to any community school that is not located
within the territory of a municipal school district, as defined in
section 3311.71 of the Revised Code, and that meets one of the
following criteria after July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(3)(2) This section does not apply to either of the
following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(1) or (2) of this section.
Sec. 3314.351. (A)(1) Except as provided in division (A)(2)
of this section, this section applies to any community school that
is located within the territory of a municipal school district, as
defined in section 3311.71 of the Revised Code, and that meets one
of the following criteria after July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(2) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(1) of this section.
(D) When the department determines that a school is at risk
of meeting the criteria prescribed by division (A)(1) of this
section in the next school year based on the school's report card
issued in the current school year under section 3302.03 of the
Revised Code, the department shall notify the school of that risk
not later than the thirtieth day of September of the current
school year. Not later than the following fifteenth day of
October, the school shall send to the parent of each student
enrolled in the school, or the student if at least eighteen years
old and no guardian or custodian has been appointed for the
student, a copy of the department's notice and a description of
the steps the school will take to address its academic
performance. If, based on student scores on the assessments
required by divisions (A) and (B)(1) of section 3301.0710 of the
Revised Code administered during the next spring as reported to
the school, the school determines that it is likely the school
will meet the criteria prescribed by division (A)(1) of this
section when the department issues the school's next report card,
the school shall notify each parent and student, as notified
earlier, of that fact not later than the thirtieth day of June.
(E) Any community school located within the territory of a
municipal school district that fails to comply with the
requirements of this section shall not be eligible to receive
state funds.
Sec. 3314.36. (A) Section Sections 3314.35 and 3314.351 of
the Revised Code does do not apply to any community school in
which a majority of the students are enrolled in a dropout
prevention and recovery program that is operated by the school and
that has been granted a waiver by the department of education. The
department shall grant a waiver to a dropout prevention and
recovery program, within sixty days after the program applies for
the waiver, if the program meets all of the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board of education
under division (D)(6) of section 3301.0712 of the Revised Code,
division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (A)(4) of
this section during the remainder of the student's high school
experience.
(6) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(B) Notwithstanding division (A) of this section, the
department shall not grant a waiver to any community school that
did not qualify for a waiver under this section when it initially
began operations, unless the state board of education approves the
waiver.
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 division (A) of
section 3311.83, 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
nonteaching
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
nonteaching employees
in districts where Chapter 124. of the Revised Code does not
control these reductions, within each category of
non-teaching
nonteaching 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
nonteaching
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 divisions (B) to (D) of section 3311.83 or
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. 3318.08. Except in the case of a joint vocational
school district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the requisite favorable vote on
the election is obtained, or if the school district board has
resolved to apply the proceeds of a property tax levy or the
proceeds of an income tax, or a combination of proceeds from such
taxes, as authorized in section 3318.052 of the Revised Code, the
Ohio school facilities commission, upon certification to it of
either the results of the election or the resolution under section
3318.052 of the Revised Code, shall enter into a written agreement
with the school district board for the construction and sale of
the project. In the case of a joint vocational school district
that receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, if the school district board of education and the
school district electors have satisfied the conditions prescribed
in division (D)(1) of section 3318.41 of the Revised Code, the
commission shall enter into an agreement with the school district
board for the construction and sale of the project. In either
case, the agreement shall include, but need not be limited to, the
following provisions:
(A) The sale and issuance of bonds or notes in anticipation
thereof, as soon as practicable after the execution of the
agreement, in an amount equal to the school district's portion of
the basic project cost, including any securities authorized under
division (J) of section 133.06 of the Revised Code and dedicated
by the school district board to payment of the district's portion
of the basic project cost of the project; provided, that if at
that time the county treasurer of each county in which the school
district is located has not commenced the collection of taxes on
the general duplicate of real and public utility property for the
year in which the controlling board approved the project, the
school district board shall authorize the issuance of a first
installment of bond anticipation notes in an amount specified by
the agreement, which amount shall not exceed an amount necessary
to raise the net bonded indebtedness of the school district as of
the date of the controlling board's approval to within five
thousand dollars of the required level of indebtedness for the
preceding year. In the event that a first installment of bond
anticipation notes is issued, the school district board shall, as
soon as practicable after the county treasurer of each county in
which the school district is located has commenced the collection
of taxes on the general duplicate of real and public utility
property for the year in which the controlling board approved the
project, authorize the issuance of a second and final installment
of bond anticipation notes or a first and final issue of bonds.
The combined value of the first and second installment of
bond anticipation notes or the value of the first and final issue
of bonds shall be equal to the school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first to retire any bond anticipation notes. Otherwise, the
proceeds of such bonds and of any bond anticipation notes, except
the premium and accrued interest thereon, shall be deposited in
the school district's project construction fund. In determining
the amount of net bonded indebtedness for the purpose of fixing
the amount of an issue of either bonds or bond anticipation notes,
gross indebtedness shall be reduced by moneys in the bond
retirement fund only to the extent of the moneys therein on the
first day of the year preceding the year in which the controlling
board approved the project. Should there be a decrease in the tax
valuation of the school district so that the amount of
indebtedness that can be incurred on the tax duplicates for the
year in which the controlling board approved the project is less
than the amount of the first installment of bond anticipation
notes, there shall be paid from the school district's project
construction fund to the school district's bond retirement fund to
be applied against such notes an amount sufficient to cause the
net bonded indebtedness of the school district, as of the first
day of the year following the year in which the controlling board
approved the project, to be within five thousand dollars of the
required level of indebtedness for the year in which the
controlling board approved the project. The maximum amount of
indebtedness to be incurred by any school district board as its
share of the cost of the project is either an amount that will
cause its net bonded indebtedness, as of the first day of the year
following the year in which the controlling board approved the
project, to be within five thousand dollars of the required level
of indebtedness, or an amount equal to the required percentage of
the basic project costs, whichever is greater. All bonds and bond
anticipation notes shall be issued in accordance with Chapter 133.
of the Revised Code, and notes may be renewed as provided in
section 133.22 of the Revised Code.
(B) The transfer of such funds of the school district board
available for the project, together with the proceeds of the sale
of the bonds or notes, except premium, accrued interest, and
interest included in the amount of the issue, to the school
district's project construction fund;
(C) For all school districts except joint vocational school
districts that receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the following provisions as
applicable:
(1) If section 3318.052 of the Revised Code applies, the
earmarking of the proceeds of a tax levied under section 5705.21
of the Revised Code for general permanent improvements or under
section 5705.218 of the Revised Code for the purpose of permanent
improvements, or the proceeds of a school district income tax
levied under Chapter 5748. of the Revised Code, or the proceeds
from a combination of those two taxes, in an amount to pay all or
part of the service charges on bonds issued to pay the school
district portion of the project and an amount equivalent to all or
part of the tax required under division (B) of section 3318.05 of
the Revised Code;
(2) If section 3318.052 of the Revised Code does not apply,
one of the following:
(a) The levy of the tax authorized at the election for the
payment of maintenance costs, as specified in division (B) of
section 3318.05 of the Revised Code;
(b) If the school district electors have approved a
continuing tax for general permanent improvements under section
5705.21 of the Revised Code and that tax can be used for
maintenance, the earmarking of an amount of the proceeds from such
tax for maintenance of classroom facilities as specified in
division (B) of section 3318.05 of the Revised Code;
(c) If, in lieu of the tax otherwise required under division
(B) of section 3318.05 of the Revised Code, the commission has
approved the transfer of money to the maintenance fund in
accordance with section 3318.051 of the Revised Code, a
requirement that the district board comply with the provisions
that section. The district board may rescind the provision
prescribed under division (C)(2)(c) of this section only so long
as the electors of the district have approved, in accordance with
section 3318.063 of the Revised Code, the levy of a tax for the
maintenance of the classroom facilities acquired under the
district's project and that levy continues to be collected as
approved by the electors.
(D) For joint vocational school districts that receive
assistance under sections 3318.40 to 3318.45 of the Revised Code,
provision for deposit of school district moneys dedicated to
maintenance of the classroom facilities acquired under those
sections as prescribed in section 3318.43 of the Revised Code;
(E) Dedication of any local donated contribution as provided
for under section 3318.084 of the Revised Code, including a
schedule for depositing such moneys applied as an offset of the
district's obligation to levy the tax described in division (B) of
section 3318.05 of the Revised Code as required under division
(D)(2) of section 3318.084 of the Revised Code;
(F) Ownership of or interest in the project during the period
of construction, which shall be divided between the commission and
the school district board in proportion to their respective
contributions to the school district's project construction fund;
(G) Maintenance of the state's interest in the project until
any obligations issued for the project under section 3318.26 of
the Revised Code are no longer outstanding;
(H) The insurance of the project by the school district from
the time there is an insurable interest therein and so long as the
state retains any ownership or interest in the project pursuant to
division (F) of this section, in such amounts and against such
risks as the commission shall require; provided, that the cost of
any required insurance until the project is completed shall be a
part of the basic project cost;
(I) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved by
the controlling board pursuant to either section 3318.04 or
division (B)(1) of section 3318.41 of the Revised Code;
(J) Authorization of the school district board to advertise
for and receive construction bids for the project, for and on
behalf of the commission, and to award contracts in the name of
the state subject to approval by the commission;
(K) Provisions for the disbursement of moneys from the school
district's project account upon issuance by the commission or the
commission's designated representative of vouchers for work done
to be certified to the commission by the treasurer of the school
district board;
(L) Disposal of any balance left in the school district's
project construction fund upon completion of the project;
(M) Limitations upon use of the project or any part of it so
long as any obligations issued to finance the project under
section 3318.26 of the Revised Code are outstanding;
(N) Provision for vesting the state's interest in the project
to the school district board when the obligations issued to
finance the project under section 3318.26 of the Revised Code are
outstanding;
(O) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(P) Provision for termination of the contract and release of
the funds encumbered at the time of the conditional approval, if
the proceeds of the sale of the bonds of the school district board
are not paid into the school district's project construction fund
and if bids for the construction of the project have not been
taken within such period after the execution of the agreement as
may be fixed by the commission;
(Q) Provision for the school district to maintain the project
in accordance with a plan approved by the commission;
(R) Provision that all state funds reserved and encumbered to
pay the state share of the cost of the project and the funds
provided by the school district to pay for its share of the
project cost, including the respective shares of the cost of a
segment if the project is divided into segments, be spent on the
construction and acquisition of the project or segment
simultaneously in proportion to the state's and the school
district's respective shares of that basic project cost as
determined under section 3318.032 of the Revised Code or, if the
district is a joint vocational school district, under section
3318.42 of the Revised Code. However, if the school district
certifies to the commission that expenditure by the school
district is necessary to maintain the federal tax status or
tax-exempt status of notes or bonds issued by the school district
to pay for its share of the project cost or to comply with
applicable temporary investment periods or spending exceptions to
rebate as provided for under federal law in regard to those notes
or bonds, the school district may commit to spend, or spend, a
greater portion of the funds it provides during any specific
period than would otherwise be required under this division.
(S) A provision stipulating that the commission may prohibit
the district from proceeding with any project if the commission
determines that the site is not suitable for construction
purposes. The commission may perform soil tests in its
determination of whether a site is appropriate for construction
purposes.
(T) A provision stipulating that, unless otherwise authorized
by the commission, any contingency reserve portion of the
construction budget prescribed by the commission shall be used
only to pay costs resulting from unforeseen job conditions, to
comply with rulings regarding building and other codes, to pay
costs related to design clarifications or corrections to contract
documents, and to pay the costs of settlements or judgments
related to the project as provided under section 3318.086 of the
Revised Code;
(U) Provision stipulating that for continued release of
project funds the school district board shall comply with section
sections 3313.41 and 3313.412 of the Revised Code throughout the
project and shall notify the department of education and the Ohio
community school association when the board plans to dispose of
facilities by sale under that section those sections;
(V) Provision that the commission shall not approve a
contract for demolition of a facility until the school district
board has complied with section sections 3313.41 and 3313.412 of
the Revised Code relative to that facility, unless demolition of
that facility is to clear a site for construction of a replacement
facility included in the district's project.
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 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 3311.77, 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 procedures for
the evaluation of principals shall be based on principles
comparable to the teacher evaluation policy adopted by the board
under section 3319.111 of the Revised Code, but shall be tailored
to the duties and responsibilities of principals and the
environment in which principals work. An evaluation based upon
procedures adopted under this division 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) 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) 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. 3319.071. 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 3311.77 or 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. 3319.10. 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 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
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 3311.81 or 3319.11 of the Revised Code, but
boards of education may grant such teachers 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. 3319.112. (A) Not later than December 31, 2011, the
state board of education shall develop a standards-based state
framework for the evaluation of teachers. The framework shall
establish an evaluation system that does the following:
(1) Provides for multiple evaluation factors, including
student academic growth which shall account for fifty per cent of
each evaluation;
(2) Is aligned with the standards for teachers adopted under
section 3319.61 of the Revised Code;
(3) Requires observation of the teacher being evaluated,
including at least two formal observations by the evaluator of at
least thirty minutes each and classroom walk-throughs;
(4) Assigns a rating on each evaluation in accordance with
division (B) of this section;
(5) Requires each teacher to be provided with a written
report of the results of the teacher's evaluation;
(6) Identifies measures of student academic growth for grade
levels and subjects for which the value-added progress dimension
prescribed by section 3302.021 of the Revised Code does not apply;
(7) Implements a classroom-level, value-added program
developed by a nonprofit organization described in division (B) of
section 3302.021 of the Revised Code;
(8) Provides for professional development to accelerate and
continue teacher growth and provide support to poorly performing
teachers;
(9) Provides for the allocation of financial resources to
support professional development.
(B) For purposes of the framework developed under this
section, the state board also shall do the following:
(1) Develop specific standards and criteria that distinguish
between the following levels of performance for teachers and
principals for the purpose of assigning ratings on the evaluations
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111
of the Revised Code:
(2) For grade levels and subjects for which the assessments
prescribed under sections 3301.0710 and 3301.0712 of the Revised
Code and the value-added progress dimension prescribed by section
3302.021 of the Revised Code do not apply, develop a list of
student assessments that measure mastery of the course content for
the appropriate grade level, which may include nationally normed
standardized assessments, industry certification examinations, or
end-of-course examinations.
(C) The state board shall consult with experts, teachers and
principals employed in public schools, and representatives of
stakeholder groups in developing the standards and criteria
required by division (B)(1) of this section.
(D) To assist school districts in developing evaluation
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of
the Revised Code, the department shall do both of the following:
(1) Serve as a clearinghouse of promising evaluation
procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating
evaluation policies.
Sec. 3319.12. Each board of education shall cause notice to
be given annually not later than the first day of July to each
teacher who holds a contract valid for the succeeding school year,
as to the salary to be paid such teacher during such year. Such
salary shall not be lower than the salary paid during the
preceding school year unless such reduction is a part of a uniform
plan affecting the entire district. This section does not prevent
increases of salary after the board's annual notice has been
given.
Except by mutual agreement of the parties thereto a teacher
employed under a contract of employment in an administrative, or
supervisory position in a school district, or in any position
provided for by section 3319.01 or 3319.02 of the Revised Code,
shall not be transferred during the life of his the teacher's
contract to a position of lesser responsibility. No contract or
supplemental contract for the employment of a teacher, whether for
an administrative or supervisory position, a position provided for
by sections 3319.01 and 3319.02 of the Revised Code, regular
teaching duties, or additional duties, may be terminated or
suspended by a board of education except pursuant to section
3311.82, 3319.02, or 3319.16 of the Revised Code, and the salaries
and compensations prescribed by such contracts shall not be
reduced by a board of education unless such reduction is a part of
a uniform plan affecting the entire district. This section shall
apply only to contracts entered into after August 18, 1969.
Sec. 3319.13. Upon the written request of a teacher or a
regular nonteaching school employee, a board of education may
grant a leave of absence for a period of not more than two
consecutive school years for educational, professional, or other
purposes, and shall grant such leave where illness or other
disability is the reason for the request. Upon subsequent request,
such leave may be renewed by the board. Without request, a board
may grant similar leave of absence and renewals thereof to any
teacher or regular nonteaching school employee because of physical
or mental disability, but such teacher may have a hearing on such
unrequested leave of absence or its renewals in accordance with
section 3311.82 or 3319.16 of the Revised Code, and such
nonteaching school employee may have a hearing on such unrequested
leave of absence or its renewals in accordance with division (C)
of section 3319.081 of the Revised Code. Upon the return to
service of a teacher or a nonteaching school employee at the
expiration of a leave of absence, the teacher or nonteaching
school employee shall resume the contract status that the teacher
or nonteaching school employee held prior to the leave of absence.
Any teacher who leaves a teaching position for service in the
uniformed services and who returns from service in the uniformed
services that is terminated in a manner other than as described in
section 4304 of Title 38 of the United States Code, "Uniformed
Services Employment and Reemployment Rights Act of 1994," 108
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status
held prior to entering the uniformed services, subject to passing
a physical examination by an individual authorized by the Revised
Code to conduct physical examinations, including a physician
assistant, a clinical nurse specialist, a certified nurse
practitioner, or a certified nurse-midwife. Any written
documentation of the physical examination shall be completed by
the individual who conducted the examination. Such contract status
shall be resumed at the first of the school semester or the
beginning of the school year following return from the uniformed
services. For purposes of this section and section 3319.14 of the
Revised Code, "uniformed services" and "service in the uniformed
services" have the same meanings as defined in section 5923.05 of
the Revised Code.
Upon the return of a nonteaching school employee from a leave
of absence, the board may terminate the employment of a person
hired exclusively for the purpose of replacing the returning
employee while the returning employee was on leave. If, after the
return of a nonteaching employee from leave, the person employed
exclusively for the purpose of replacing an employee while the
employee was on leave is continued in employment as a regular
nonteaching school employee or if the person is hired by the board
as a regular nonteaching school employee within a year after
employment as a replacement is terminated, the person shall, for
purposes of section 3319.081 of the Revised Code, receive credit
for the person's length of service with the school district during
such replacement period in the following manner:
(A) If employed as a replacement for less than twelve months,
the person shall be employed under a contract valid for a period
equal to twelve months less the number of months employed as a
replacement. At the end of such contract period, if the person is
reemployed it shall be under a two-year contract. Subsequent
reemployment shall be pursuant to division (B) of section 3319.081
of the Revised Code.
(B) If employed as a replacement for twelve months or more
but less than twenty-four months, the person shall be employed
under a contract valid for a period equal to twenty-four months
less the number of months employed as a replacement. Subsequent
reemployment shall be pursuant to division (B) of section 3319.081
of the Revised Code.
(C) If employed as a replacement for more than twenty-four
months, the person shall be employed pursuant to division (B) of
section 3319.081 of the Revised Code.
For purposes of this section, employment during any part of a
month shall count as employment during the entire month.
Sec. 3319.14. Any teacher who has left, or leaves, a
teaching position, by resignation or otherwise, and within forty
school days thereafter entered, or enters, the uniformed services
and whose service is terminated in a manner other than as
described in section 4304 of Title 38 of the United States Code,
"Uniformed Services Employment and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by
the board of education of the district in which the teacher held
such teaching position, under the same type of contract as that
which the teacher last held in such district, if the teacher
applies to the board of education for reemployment in accordance
with the "Uniformed Services Employment and Reemployment Rights
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such
application, the teacher shall be reemployed at the first of the
next school semester, if the application is made not less than
thirty days prior to the first of the next school semester, in
which case the teacher shall be reemployed the first of the
following school semester, unless the board of education waives
the requirement for the thirty-day period.
For the purposes of seniority and placement on the salary
schedule, years of absence performing service in the uniformed
services shall be counted as though teaching service had been
performed during such time.
The board of education of the district in which such teacher
was employed and is reemployed under this section may suspend the
contract of the teacher whose services become unnecessary by
reason of the return of a teacher from service in the uniformed
services in accordance with section 3311.83, 3319.17, or 3319.171
of the Revised Code.
Sec. 3319.141. Each person who is employed by any board of
education in this state, except for substitutes, adult education
instructors who are scheduled to work the full-time equivalent of
less than one hundred twenty days per school year, or persons who
are employed on an as-needed, seasonal, or intermittent basis,
shall be entitled to fifteen days sick leave with pay, for each
year under contract, which shall be credited at the rate of one
and one-fourth days per month. Teachers and regular nonteaching
school employees, upon approval of the responsible administrative
officer of the school district, may use sick leave for absence due
to personal illness, pregnancy, injury, exposure to contagious
disease which could be communicated to others, and for absence due
to illness, injury, or death in the employee's immediate family.
Unused sick leave shall be cumulative up to one hundred twenty
work days, unless more than one hundred twenty days are approved
by the employing board of education. The previously accumulated
sick leave of a person who has been separated from public service,
whether accumulated pursuant to section 124.38 of the Revised Code
or pursuant to this section, shall be placed to the person's
credit upon re-employment in the public service, provided that
such re-employment takes place within ten years of the date of the
last termination from public service. A teacher or nonteaching
school employee who transfers from one public agency to another
shall be credited with the unused balance of the teacher's or
nonteaching employee's accumulated sick leave up to the maximum of
the sick leave accumulation permitted in the public agency to
which the employee transfers. Teachers and nonteaching school
employees who render regular part-time, per diem, or hourly
service shall be entitled to sick leave for the time actually
worked at the same rate as that granted like full-time employees,
calculated in the same manner as the ratio of sick leave granted
to hours of service established by section 124.38 of the Revised
Code. Each board of education may establish regulations for the
entitlement, crediting and use of sick leave by those substitute
teachers employed by such board pursuant to section 3319.10 of the
Revised Code who are not otherwise entitled to sick leave pursuant
to such section. A board of education shall require a teacher or
nonteaching school employee to furnish a written, signed statement
on forms prescribed by such board to justify the use of sick
leave. If medical attention is required, the employee's statement
shall list the name and address of the attending physician and the
dates when the physician was consulted. Nothing in this section
shall be construed to waive the physician-patient privilege
provided by section 2317.02 of the Revised Code. Falsification of
a statement is grounds for suspension or termination of employment
under sections 3311.82, 3319.081, and 3319.16 of the Revised Code.
No sick leave shall be granted or credited to a teacher after the
teacher's retirement or termination of employment.
Except to the extent used as sick leave, leave granted under
regulations adopted by a board of education pursuant to section
3311.77 or 3319.08 of the Revised Code shall not be charged
against sick leave earned or earnable under this section. Nothing
in this section shall be construed to affect in any other way the
granting of leave pursuant to section 3311.77 or 3319.08 of the
Revised Code and any granting of sick leave pursuant to such
section shall be charged against sick leave accumulated pursuant
to this section.
This section shall not be construed to interfere with any
unused sick leave credit in any agency of government where
attendance records are maintained and credit has been given for
unused sick leave. Unused sick leave accumulated by teachers and
nonteaching school employees under section 124.38 of the Revised
Code shall continue to be credited toward the maximum accumulation
permitted in accordance with this section. Each newly hired
regular nonteaching and each regular nonteaching employee of any
board of education who has exhausted the employee's accumulated
sick leave shall be entitled to an advancement of not less than
five days of sick leave each year, as authorized by rules which
each board shall adopt, to be charged against the sick leave the
employee subsequently accumulates under this section.
This section shall be uniformly administered.
Sec. 3319.143. Notwithstanding section 3319.141 of the
Revised Code, the board of education of a city, exempted village,
local or joint vocational school district may adopt a policy of
assault leave by which an employee who is absent due to physical
disability resulting from an assault which occurs in the course of
board employment will be maintained on full pay status during the
period of such absence. A board of education electing to effect
such a policy of assault leave shall establish rules for the
entitlement, crediting, and use of assault leave and file a copy
of same with the state board of education. A board of education
adopting this policy shall require an employee to furnish a signed
statement on forms prescribed by such board to justify the use of
assault leave. If medical attention is required, a certificate
from a licensed physician stating the nature of the disability and
its duration shall be required before assault leave can be
approved for payment. Falsification of either a signed statement
or a physician's certificate is ground for suspension or
termination of employment under section
3311.82 or 3319.16 of the
Revised Code.
Assault leave granted under rules adopted by a board of
education pursuant to this section shall not be charged against
sick leave earned or earnable under section 3319.141 of the
Revised Code or leave granted under rules adopted by a board of
education pursuant to section 3311.77 or 3319.08 of the Revised
Code. This section shall be uniformly administered in those
districts where such policy is adopted.
Sec. 3319.151. (A) No person shall reveal to any student any
specific question that the person knows is part of an assessment
to be administered under section 3301.0711 of the Revised Code or
in any other way assist a pupil to cheat on such an assessment.
(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 3311.82 or 3319.16
of the Revised Code.
Sec. 3319.18. If an entire school district or that part of a
school district which comprises the territory in which a school is
situated is transferred to any other district, or if a new school
district is created, the teachers in such districts or schools
employed on continuing contracts immediately prior to such
transfer, or creation shall, subject to section 3311.83, 3319.17,
or 3319.171 of the Revised Code, have continuing service status in
the newly created district, or in the district to which the
territory is transferred.
The limited contracts of the teachers employed in such
districts or schools immediately prior to such transfer, or
creation, shall become the legal obligations of the board of
education in the newly created district, or in the district to
which the territory is transferred, subject to section 3311.83,
3319.17, or 3319.171 of the Revised Code. The teaching experience
of such teachers in such prior districts or schools shall be
included in the three years of service required under section
3319.11 of the Revised Code for a teacher to become eligible for
continuing service status.
Teachers employed on limited or continuing contracts in an
entire school district or that part of a school district which
comprises the territory in which a school is situated which is
transferred to any other district or which is merged with other
school territory to create a new school district, shall be placed,
on the effective date of such transfer or merger, on the salary
schedule of the district to which the territory is transferred or
the newly created district, according to their training and
experience. Such experience shall be the total sum of the years
taught in the district whose territory was transferred or merged
to create a new district, plus the total number of years of
teaching experience recognized by such previous district upon its
first employment of such teachers.
The placement of the teachers on the salary schedule,
pursuant to this section, shall not result, however, in the salary
of any teacher being less than the teacher's current annual salary
for regular duties, in existence immediately prior to the merger
or transfer.
When suspending contracts in accordance with an
administrative personnel suspension policy adopted under section
3319.171 of the Revised Code, a board may consider years of
teaching service in the previous district in its decision if it is
a part of the suspension policy.
Sec. 3319.283. (A) The board of education of any school
district may employ an individual who is not certificated or
licensed as required by Chapter 3319. of the Revised Code, but who
meets the following qualifications, as a teacher in the schools of
the district:
(1) The individual is a veteran of the armed forces of the
United States and was honorably discharged within three years of
June 30, 1997;
(2) While in the armed forces the individual had meaningful
teaching or other instructional experience;
(3) The individual holds at least a baccalaureate degree.
(B) An individual employed under this section shall be deemed
to hold a teaching certificate or educator license for the
purposes of state and federal law and rules and regulations and
school district policies, rules, and regulations. However, an
individual employed under this section is not a highly qualified
teacher for purposes of the school district's compliance with
section 3319.074 of the Revised Code. Each individual employed
under this section shall meet the requirement to successfully
complete fifteen hours, or the equivalent, of coursework every
five years that is approved by the local professional development
committee as is required of other teachers licensed in accordance
with Chapter 3319. of the Revised Code.
(C) The superintendent of public instruction may revoke the
right of an individual employed under division (A) of this section
to teach if, after an investigation and an adjudication conducted
pursuant to Chapter 119. of the Revised Code, the superintendent
finds that the person is not competent to teach the subject the
person has been employed to teach or did not fulfill the
requirements of division (A) of this section. No individual whose
right to teach has been revoked under this division shall teach in
a public school, and no board of education may engage such an
individual to teach in the schools of its district.
Notwithstanding division (B) of this section, a board of
education is not required to comply with the provisions of
sections 3311.81, 3311.82, 3319.11, and 3319.16 of the Revised
Code with regard to termination of employment if the
superintendent, after an investigation and an adjudication, has
revoked the individual's right to teach.
Sec. 4141.29. Each eligible individual shall receive
benefits as compensation for loss of remuneration due to
involuntary total or partial unemployment in the amounts and
subject to the conditions stipulated in this chapter.
(A) No individual is entitled to a waiting period or benefits
for any week unless the individual:
(1) Has filed a valid application for determination of
benefit rights in accordance with section 4141.28 of the Revised
Code;
(2) Has made a claim for benefits in accordance with section
4141.28 of the Revised Code;
(3) Has registered at an employment office or other
registration place maintained or designated by the director of job
and family services. Registration shall be made in accordance with
the time limits, frequency, and manner prescribed by the director.
(4)(a)(i) Is able to work and available for suitable work
and, except as provided in division (A)(4)(a)(ii) of this section,
is actively seeking suitable work either in a locality in which
the individual has earned wages subject to this chapter during the
individual's base period, or if the individual leaves that
locality, then in a locality where suitable work normally is
performed.
(ii) The director may waive the requirement that a claimant
be actively seeking work when the director finds that the
individual has been laid off and the employer who laid the
individual off has notified the director within ten days after the
layoff, that work is expected to be available for the individual
within a specified number of days not to exceed forty-five
calendar days following the last day the individual worked. In the
event the individual is not recalled within the specified period,
this waiver shall cease to be operative with respect to that
layoff.
(b) The individual shall be instructed as to the efforts that
the individual must make in the search for suitable work, except
where the active search for work requirement has been waived under
division (A)(4)(a) of this section, and shall keep a record of
where and when the individual has sought work in complying with
those instructions and, upon request, shall produce that record
for examination by the director.
(c) An individual who is attending a training course approved
by the director meets the requirement of this division, if
attendance was recommended by the director and the individual is
regularly attending the course and is making satisfactory
progress. An individual also meets the requirements of this
division if the individual is participating and advancing in a
training program, as defined in division (P) of section 5709.61 of
the Revised Code, and if an enterprise, defined in division (B) of
section 5709.61 of the Revised Code, is paying all or part of the
cost of the individual's participation in the training program
with the intention of hiring the individual for employment as a
new employee, as defined in division (L) of section 5709.61 of the
Revised Code, for at least ninety days after the individual's
completion of the training program.
(d) An individual who becomes unemployed while attending a
regularly established school and whose base period qualifying
weeks were earned in whole or in part while attending that school,
meets the availability and active search for work requirements of
division (A)(4)(a) of this section if the individual regularly
attends the school during weeks with respect to which the
individual claims unemployment benefits and makes self available
on any shift of hours for suitable employment with the
individual's most recent employer or any other employer in the
individual's base period, or for any other suitable employment to
which the individual is directed, under this chapter.
(e) The director shall adopt any rules that the director
deems necessary for the administration of division (A)(4) of this
section.
(f) Notwithstanding any other provisions of this section, no
otherwise eligible individual shall be denied benefits for any
week because the individual is in training approved under section
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2296, nor shall that individual be denied benefits by reason of
leaving work to enter such training, provided the work left is not
suitable employment, or because of the application to any week in
training of provisions in this chapter, or any applicable federal
unemployment compensation law, relating to availability for work,
active search for work, or refusal to accept work.
For the purposes of division (A)(4)(f) of this section,
"suitable employment" means with respect to an individual, work of
a substantially equal or higher skill level than the individual's
past adversely affected employment, as defined for the purposes of
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and
wages for such work at not less than eighty per cent of the
individual's average weekly wage as determined for the purposes of
that federal act.
(5) Is unable to obtain suitable work. An individual who is
provided temporary work assignments by the individual's employer
under agreed terms and conditions of employment, and who is
required pursuant to those terms and conditions to inquire with
the individual's employer for available work assignments upon the
conclusion of each work assignment, is not considered unable to
obtain suitable employment if suitable work assignments are
available with the employer but the individual fails to contact
the employer to inquire about work assignments.
(6) Participates in reemployment services, such as job search
assistance services, if the individual has been determined to be
likely to exhaust benefits under this chapter, including
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than
extended compensation, and needs reemployment services pursuant to
the profiling system established by the director under division
(K) of this section, unless the director determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure to
participate in such services.
(B) An individual suffering total or partial unemployment is
eligible for benefits for unemployment occurring subsequent to a
waiting period of one week and no benefits shall be payable during
this required waiting period. Not more than one week of waiting
period shall be required of any individual in any benefit year in
order to establish the individual's eligibility for total or
partial unemployment benefits.
(C) The waiting period for total or partial unemployment
shall commence on the first day of the first week with respect to
which the individual first files a claim for benefits at an
employment office or other place of registration maintained or
designated by the director or on the first day of the first week
with respect to which the individual has otherwise filed a claim
for benefits in accordance with the rules of the department of job
and family services, provided such claim is allowed by the
director.
(D) Notwithstanding division (A) of this section, no
individual may serve a waiting period or be paid benefits under
the following conditions:
(1) For any week with respect to which the director finds
that:
(a) The individual's unemployment was due to a labor dispute
other than a lockout at any factory, establishment, or other
premises located in this or any other state and owned or operated
by the employer by which the individual is or was last employed;
and for so long as the individual's unemployment is due to such
labor dispute. No individual shall be disqualified under this
provision if either of the following applies:
(i) The individual's employment was with such employer at any
factory, establishment, or premises located in this state, owned
or operated by such employer, other than the factory,
establishment, or premises at which the labor dispute exists, if
it is shown that the individual is not financing, participating
in, or directly interested in such labor dispute;
(ii) The individual's employment was with an employer not
involved in the labor dispute but whose place of business was
located within the same premises as the employer engaged in the
dispute, unless the individual's employer is a wholly owned
subsidiary of the employer engaged in the dispute, or unless the
individual actively participates in or voluntarily stops work
because of such dispute. If it is established that the claimant
was laid off for an indefinite period and not recalled to work
prior to the dispute, or was separated by the employer prior to
the dispute for reasons other than the labor dispute, or that the
individual obtained a bona fide job with another employer while
the dispute was still in progress, such labor dispute shall not
render the employee ineligible for benefits.
(b) The individual has been given a disciplinary layoff for
misconduct in connection with the individual's work.
(2) For the duration of the individual's unemployment if the
director finds that:
(a) The individual quit work without just cause or has been
discharged for just cause in connection with the individual's
work, provided division (D)(2) of this section does not apply to
the separation of a person under any of the following
circumstances:
(i) Separation from employment for the purpose of entering
the armed forces of the United States if the individual is
inducted into the armed forces within one of the following
periods:
(I) Thirty days after separation;
(II) One hundred eighty days after separation if the
individual's date of induction is delayed solely at the discretion
of the armed forces.
(ii) Separation from employment pursuant to a
labor-management contract or agreement, or pursuant to an
established employer plan, program, or policy, which permits the
employee, because of lack of work, to accept a separation from
employment;
(iii) The individual has left employment to accept a recall
from a prior employer or, except as provided in division
(D)(2)(a)(iv) of this section, to accept other employment as
provided under section 4141.291 of the Revised Code, or left or
was separated from employment that was concurrent employment at
the time of the most recent separation or within six weeks prior
to the most recent separation where the remuneration, hours, or
other conditions of such concurrent employment were substantially
less favorable than the individual's most recent employment and
where such employment, if offered as new work, would be considered
not suitable under the provisions of divisions (E) and (F) of this
section. Any benefits that would otherwise be chargeable to the
account of the employer from whom an individual has left
employment or was separated from employment that was concurrent
employment under conditions described in division (D)(2)(a)(iii)
of this section, shall instead be charged to the mutualized
account created by division (B) of section 4141.25 of the Revised
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this section
shall be charged to the account of the reimbursing employer and
not to the mutualized account, except as provided in division
(D)(2) of section 4141.24 of the Revised Code.
(iv) When an individual has been issued a definite layoff
date by the individual's employer and before the layoff date, the
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no
disqualification shall be imposed under division (D) of this
section. However, if the individual fails to meet the employment
and earnings requirements of division (A)(2) of section 4141.291
of the Revised Code, then the individual, pursuant to division
(A)(5) of this section, shall be ineligible for benefits for any
week of unemployment that occurs prior to the layoff date.
(b) The individual has refused without good cause to accept
an offer of suitable work when made by an employer either in
person or to the individual's last known address, or has refused
or failed to investigate a referral to suitable work when directed
to do so by a local employment office of this state or another
state, provided that this division shall not cause a
disqualification for a waiting week or benefits under the
following circumstances:
(i) When work is offered by the individual's employer and the
individual is not required to accept the offer pursuant to the
terms of the labor-management contract or agreement; or
(ii) When the individual is attending a training course
pursuant to division (A)(4) of this section except, in the event
of a refusal to accept an offer of suitable work or a refusal or
failure to investigate a referral, benefits thereafter paid to
such individual shall not be charged to the account of any
employer and, except as provided in division (B)(1)(b) of section
4141.241 of the Revised Code, shall be charged to the mutualized
account as provided in division (B) of section 4141.25 of the
Revised Code.
(c) Such individual quit work to marry or because of marital,
parental, filial, or other domestic obligations.
(d) The individual became unemployed by reason of commitment
to any correctional institution.
(e) The individual became unemployed because of dishonesty in
connection with the individual's most recent or any base period
work. Remuneration earned in such work shall be excluded from the
individual's total base period remuneration and qualifying weeks
that otherwise would be credited to the individual for such work
in the individual's base period shall not be credited for the
purpose of determining the total benefits to which the individual
is eligible and the weekly benefit amount to be paid under section
4141.30 of the Revised Code. Such excluded remuneration and
noncredited qualifying weeks shall be excluded from the
calculation of the maximum amount to be charged, under division
(D) of section 4141.24 and section 4141.33 of the Revised Code,
against the accounts of the individual's base period employers. In
addition, no benefits shall thereafter be paid to the individual
based upon such excluded remuneration or noncredited qualifying
weeks.
For purposes of division (D)(2)(e) of this section,
"dishonesty" means the commission of substantive theft, fraud, or
deceitful acts.
(E) No individual otherwise qualified to receive benefits
shall lose the right to benefits by reason of a refusal to accept
new work if:
(1) As a condition of being so employed the individual would
be required to join a company union, or to resign from or refrain
from joining any bona fide labor organization, or would be denied
the right to retain membership in and observe the lawful rules of
any such organization.
(2) The position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(3) The work is at an unreasonable distance from the
individual's residence, having regard to the character of the work
the individual has been accustomed to do, and travel to the place
of work involves expenses substantially greater than that required
for the individual's former work, unless the expense is provided
for.
(4) The remuneration, hours, or other conditions of the work
offered are substantially less favorable to the individual than
those prevailing for similar work in the locality.
(F) Subject to the special exceptions contained in division
(A)(4)(f) of this section and section 4141.301 of the Revised
Code, in determining whether any work is suitable for a claimant
in the administration of this chapter, the director, in addition
to the determination required under division (E) of this section,
shall consider the degree of risk to the claimant's health,
safety, and morals, the individual's physical fitness for the
work, the individual's prior training and experience, the length
of the individual's unemployment, the distance of the available
work from the individual's residence, and the individual's
prospects for obtaining local work.
(G) The "duration of unemployment" as used in this section
means the full period of unemployment next ensuing after a
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this
chapter, or the unemployment compensation act of another state, or
of the United States, and until such individual has worked six
weeks and for those weeks has earned or been paid remuneration
equal to six times an average weekly wage of not less than:
eighty-five dollars and ten cents per week beginning on June 26,
1990; and beginning on and after January 1, 1992, twenty-seven and
one-half per cent of the statewide average weekly wage as computed
each first day of January under division (B)(3) of section 4141.30
of the Revised Code, rounded down to the nearest dollar, except
for purposes of division (D)(2)(c) of this section, such term
means the full period of unemployment next ensuing after a
separation from such work and until such individual has become
reemployed subject to the terms set forth above, and has earned
wages equal to one-half of the individual's average weekly wage or
sixty dollars, whichever is less.
(H) If a claimant is disqualified under division (D)(2)(a),
(c), or (d) of this section or found to be qualified under the
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of
this section or division (A)(2) of section 4141.291 of the Revised
Code, then benefits that may become payable to such claimant,
which are chargeable to the account of the employer from whom the
individual was separated under such conditions, shall be charged
to the mutualized account provided in section 4141.25 of the
Revised Code, provided that no charge shall be made to the
mutualized account for benefits chargeable to a reimbursing
employer, except as provided in division (D)(2) of section 4141.24
of the Revised Code. In the case of a reimbursing employer, the
director shall refund or credit to the account of the reimbursing
employer any over-paid benefits that are recovered under division
(B) of section 4141.35 of the Revised Code. Amounts chargeable to
other states, the United States, or Canada that are subject to
agreements and arrangements that are established pursuant to
section 4141.43 of the Revised Code shall be credited or
reimbursed according to the agreements and arrangements to which
the chargeable amounts are subject.
(I)(1) Benefits based on service in employment as provided in
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code
shall be payable in the same amount, on the same terms, and
subject to the same conditions as benefits payable on the basis of
other service subject to this chapter; except that after December
31, 1977:
(a) Benefits based on service in an instructional, research,
or principal administrative capacity in an institution of higher
education, as defined in division (Y) of section 4141.01 of the
Revised Code; or for an educational institution as defined in
division (CC) of section 4141.01 of the Revised Code, shall not be
paid to any individual for any week of unemployment that begins
during the period between two successive academic years or terms,
or during a similar period between two regular but not successive
terms or during a period of paid sabbatical leave provided for in
the individual's contract, if the individual performs such
services in the first of those academic years or terms and has a
contract or a reasonable assurance that the individual will
perform services in any such capacity for any such institution in
the second of those academic years or terms.
(b) Benefits based on service for an educational institution
or an institution of higher education in other than an
instructional, research, or principal administrative capacity,
shall not be paid to any individual for any week of unemployment
which begins during the period between two successive academic
years or terms of the employing educational institution or
institution of higher education, provided the individual performed
those services for the educational institution or institution of
higher education during the first such academic year or term and,
there is a reasonable assurance that such individual will perform
those services for any educational institution or institution of
higher education in the second of such academic years or terms.
If compensation is denied to any individual for any week
under division (I)(1)(b) of this section and the individual was
not offered an opportunity to perform those services for an
institution of higher education or for an educational institution
for the second of such academic years or terms, the individual is
entitled to a retroactive payment of compensation for each week
for which the individual timely filed a claim for compensation and
for which compensation was denied solely by reason of division
(I)(1)(b) of this section. An application for retroactive benefits
shall be timely filed if received by the director or the
director's deputy within or prior to the end of the fourth full
calendar week after the end of the period for which benefits were
denied because of reasonable assurance of employment. The
provision for the payment of retroactive benefits under division
(I)(1)(b) of this section is applicable to weeks of unemployment
beginning on and after November 18, 1983. The provisions under
division (I)(1)(b) of this section shall be retroactive to
September 5, 1982, only if, as a condition for full tax credit
against the tax imposed by the "Federal Unemployment Tax Act," 53
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States
secretary of labor determines that retroactivity is required by
federal law.
(c) With respect to weeks of unemployment beginning after
December 31, 1977, benefits shall be denied to any individual for
any week which commences during an established and customary
vacation period or holiday recess, if the individual performs any
services described in divisions (I)(1)(a) and (b) of this section
in the period immediately before the vacation period or holiday
recess, and there is a reasonable assurance that the individual
will perform any such services in the period immediately following
the vacation period or holiday recess.
(d) With respect to any services described in division
(I)(1)(a), (b), or (c) of this section, benefits payable on the
basis of services in any such capacity shall be denied as
specified in division (I)(1)(a), (b), or (c) of this section to
any individual who performs such services in an educational
institution or institution of higher education while in the employ
of an educational service agency. For this purpose, the term
"educational service agency" means a governmental agency or
governmental entity that is established and operated exclusively
for the purpose of providing services to one or more educational
institutions or one or more institutions of higher education.
(e) Any individual employed by a public school district,
other than a municipal school district as defined in section
3311.71 of the Revised Code, or a county board of developmental
disabilities shall be notified by the thirtieth day of April each
year if the individual is not to be reemployed the following
academic year.
(2) No disqualification will be imposed, between academic
years or terms or during a vacation period or holiday recess under
this division, unless the director or the director's deputy has
received a statement in writing from the educational institution
or institution of higher education that the claimant has a
contract for, or a reasonable assurance of, reemployment for the
ensuing academic year or term.
(3) If an individual has employment with an educational
institution or an institution of higher education and employment
with a noneducational employer, during the base period of the
individual's benefit year, then the individual may become eligible
for benefits during the between-term, or vacation or holiday
recess, disqualification period, based on employment performed for
the noneducational employer, provided that the employment is
sufficient to qualify the individual for benefit rights separately
from the benefit rights based on school employment. The weekly
benefit amount and maximum benefits payable during a
disqualification period shall be computed based solely on the
nonschool employment.
(J) Benefits shall not be paid on the basis of employment
performed by an alien, unless the alien had been lawfully admitted
to the United States for permanent residence at the time the
services were performed, was lawfully present for purposes of
performing the services, or was otherwise permanently residing in
the United States under color of law at the time the services were
performed, under section 212(d)(5) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:
(1) Any data or information required of individuals applying
for benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits.
(2) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of the
individual's alien status shall be made except upon a
preponderance of the evidence that the individual had not, in
fact, been lawfully admitted to the United States.
(K) The director shall establish and utilize a system of
profiling all new claimants under this chapter that:
(1) Identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services
to make a successful transition to new employment;
(2) Refers claimants identified pursuant to division (K)(1)
of this section to reemployment services, such as job search
assistance services, available under any state or federal law;
(3) Collects follow-up information relating to the services
received by such claimants and the employment outcomes for such
claimant's subsequent to receiving such services and utilizes such
information in making identifications pursuant to division (K)(1)
of this section; and
(4) Meets such other requirements as the United States
secretary of labor determines are appropriate.
Sec. 5705.192. (A) For the purposes of this section only,
"taxing authority" includes a township board of park commissioners
appointed under section 511.18 of the Revised Code.
(B) A taxing authority may propose to replace an existing
levy that the taxing authority is authorized to levy, regardless
of the section of the Revised Code under which the authority is
granted, except a school district emergency levy proposed pursuant
to sections 5705.194 to 5705.197 of the Revised Code. The taxing
authority may propose to replace the existing levy in its entirety
at the rate at which it is authorized to be levied; may propose to
replace a portion of the existing levy at a lesser rate; or may
propose to replace the existing levy in its entirety and increase
the rate at which it is levied. If the taxing authority proposes
to replace an existing levy, the proposed levy shall be called a
replacement levy and shall be so designated on the ballot. Except
as otherwise provided in this division, a replacement levy shall
be limited to the purpose of the existing levy, and shall appear
separately on the ballot from, and shall not be conjoined with,
the renewal of any other existing levy. In the case of an existing
school district levy imposed under section 5705.21 of the Revised
Code for the purpose specified in division (F) of section 5705.19
of the Revised Code, the replacement for that existing levy may be
for the same purpose or for the purpose of general permanent
improvements as defined in section 5705.21 of the Revised Code.
The resolution proposing a replacement levy shall specify the
purpose of the levy; its proposed rate expressed in mills; whether
the proposed rate is the same as the rate of the existing levy, a
reduction, or an increase; the extent of any reduction or increase
expressed in mills; the first calendar year in which the levy will
be due; and the term of the levy, expressed in years or, if
applicable, that it will be levied for a continuing period of
time.
The sections of the Revised Code governing the maximum rate
and term of the existing levy, the contents of the resolution that
proposed the levy, the adoption of the resolution, the
arrangements for the submission of the question of the levy, and
notice of the election also govern the respective provisions of
the proposal to replace the existing levy, except as provided in
division divisions (B)(1) or (2) to (3) of this section:
(1) In the case of an existing school district levy imposed
under section 5705.21 of the Revised Code for the purpose
specified in division (F) of section 5705.19 of the Revised Code
that is to be replaced by a levy for general permanent
improvements, the maximum term of the replacement levy is not
limited to the term of the existing levy and may be for a
continuing period of time.
(2) The date on which the election is held shall be as
follows:
(a) For the replacement of a levy with a fixed term of years,
the date of the general election held during the last year the
existing levy may be extended on the real and public utility
property tax list and duplicate, or the date of any election held
in the ensuing year;
(b) For the replacement of a levy imposed for a continuing
period of time, the date of any election held in any year after
the year the levy to be replaced is first approved by the
electors, except that only one election on the question of
replacing the levy may be held during any calendar year.
The failure by the electors to approve a proposal to replace
a levy imposed for a continuing period of time does not terminate
the existing continuing levy.
(3) In the case of an existing school district levy imposed
under division (B) of section 5705.21, division (C) of section
5705.212, or division (J) of section 5705.218 of the Revised Code,
the rates allocated to the municipal school district and to
qualifying community schools each may be increased or decreased or
remain the same, and the total rate may be increased, decreased,
or remain the same.
(C) The form of the ballot at the election on the question of
a replacement levy shall be as follows:
"A replacement of a tax for the benefit of .......... (name
of subdivision or public library) for the purpose of ..........
(the purpose stated in the resolution) at a rate not exceeding
.......... mills for each one dollar of valuation, which amounts
to .......... (rate expressed in dollars and cents) for each one
hundred dollars in valuation, for .......... (number of years levy
is to run, or that it will be levied for a continuous period of
time)
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AGAINST THE TAX LEVY |
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If the replacement levy is proposed by a municipal school
district to replace an existing tax levied under division (B) of
section 5705.21, division (C)(1) of section 5705.212, or division
(J) of section 5705.218 of the Revised Code, the form of the
ballot shall be modified by adding, after the phrase "each one
dollar of valuation," the following: "(of which ...... mills is to
be allocated to qualifying community schools)."
If the proposal is to replace an existing levy and increase
the rate of the existing levy, the form of the ballot shall be
changed by adding the words ".......... mills of an existing levy
and an increase of .......... mills, to constitute" after the
words "a replacement of." If the proposal is to replace only a
portion of an existing levy, the form of the ballot shall be
changed by adding the words "a portion of an existing levy, being
a reduction of .......... mills, to constitute" after the words "a
replacement of." If the existing levy is imposed under division
(B) of section 5705.21, division (C)(1) of section 5705.212, or
division (J) of section 5705.218 of the Revised Code, the form of
the ballot also shall state the portion of the total increased
rate or of the total rate as reduced that is to be allocated to
qualifying community schools.
If the tax is to be placed on the tax list of the current tax
year, the form of the ballot shall be modified by adding at the
end of the form the phrase ", commencing in .......... (first year
the replacement tax is to be levied), first due in calendar year
.......... (first calendar year in which the tax shall be due)."
The question covered by the resolution shall be submitted as
a separate proposition, but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election.
(D) Two existing levies, or any portion of those levies, may
be combined into one replacement levy, so long as both of the
existing levies are for the same purpose and either both are due
to expire the same year or both are for a continuing period of
time. The question of combining all or portions of the two
existing levies into the replacement levy shall appear as one
ballot proposition before the electors. If the electors approve
the ballot proposition, all or the stated portions of the two
existing levies are replaced by one replacement levy.
(E) A levy approved in excess of the ten-mill limitation
under this section shall be certified to the tax commissioner. In
the first year of a levy approved under this section, the levy
shall be extended on the tax lists after the February settlement
succeeding the election at which the levy was approved. If the
levy is to be placed on the tax lists of the current year, as
specified in the resolution providing for its submission, the
result of the election shall be certified immediately after the
canvass by the board of elections to the taxing authority, which
shall forthwith make the necessary levy and certify it to the
county auditor, who shall extend it on the tax lists for
collection. After the first year, the levy shall be included in
the annual tax budget that is certified to the county budget
commission.
If notes are authorized to be issued in anticipation of the
proceeds of the existing levy, notes may be issued in anticipation
of the proceeds of the replacement levy, and such issuance is
subject to the terms and limitations governing the issuance of
notes in anticipation of the proceeds of the existing levy.
(F) This section does not authorize a tax to be levied in any
year after the year in which revenue is not needed for the purpose
for which the tax is levied.
Sec. 5705.21. (A) At any time, the board of education of any
city, local, exempted village, cooperative education, or joint
vocational school district, by a vote of two-thirds of all its
members, may declare by resolution that the amount of taxes which
may be raised within the ten-mill limitation by levies on the
current tax duplicate will be insufficient to provide an adequate
amount for the necessary requirements of the school district, that
it is necessary to levy a tax in excess of such limitation for one
of the purposes specified in division (A), (D), (F), (H), or (DD)
of section 5705.19 of the Revised Code, for general permanent
improvements, for the purpose of operating a cultural center, or
for the purpose of providing education technology, and that the
question of such additional tax levy shall be submitted to the
electors of the school district at a special election on a day to
be specified in the resolution. If the resolution states that the
levy is for the purpose of operating a cultural center, the ballot
shall state that the levy is "for the purpose of operating the
.......... (name of cultural center)."
As used in this section division, "cultural center" means a
freestanding building, separate from a public school building,
that is open to the public for educational, musical, artistic, and
cultural purposes; "education technology" means, but is not
limited to, computer hardware, equipment, materials, and
accessories, equipment used for two-way audio or video, and
software; and "general permanent improvements" means permanent
improvements without regard to the limitation of division (F) of
section 5705.19 of the Revised Code that the improvements be a
specific improvement or a class of improvements that may be
included in a single bond issue.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Such A resolution adopted under this division shall be
confined to a single purpose and shall specify the amount of the
increase in rate that it is necessary to levy, the purpose of the
levy, and the number of years during which the increase in rate
shall be in effect. The number of years may be any number not
exceeding five or, if the levy is for current expenses of the
district or for general permanent improvements, for a continuing
period of time. The
(B)(1) The board of education of a municipal school district,
by resolution, may declare that it is necessary to levy a tax in
excess of the ten-mill limitation for the purpose of paying the
current expenses of the district and of qualifying community
schools and that the question of the additional tax levy shall be
submitted to the electors of the school district at a special
election on a day to be specified in the resolution. The
resolution shall state the purpose of the levy, the rate of the
tax expressed in mills per dollar of taxable value, the number of
such mills to be levied for the current expenses of the qualifying
community schools and the number of such mills to be levied for
the current expenses of the school district, the number of years
the tax will be levied, and the first year the tax will be levied.
The number of years the tax may be levied may be any number not
exceeding ten years, or for a continuing period of time.
The levy of a tax for the current expenses of a qualifying
community school under this section and the distribution of
proceeds from the tax by a municipal school district to qualifying
community schools is hereby determined to be a proper public
purpose.
(2) The form of the ballot at an election held pursuant to
division (B) of this section shall be as follows:
"Shall a levy be imposed by the ......... (insert the name of
the municipal school district) for the purpose of current expenses
of the school district and of qualifying community schools at a
rate not exceeding ...... (insert the number of mills) mills for
each one dollar of valuation (of which ...... (insert the number
of mills to be allocated to qualifying community schools) mills is
to be allocated to qualifying community schools), which amounts to
....... (insert the rate expressed in dollars and cents) for each
one hundred dollars of valuation, for ...... (insert the number of
years the levy is to be imposed, or that it will be levied for a
continuing period of time), beginning ...... (insert first year
the tax is to be levied), which will first be payable in calendar
year ...... (insert the first calendar year in which the tax would
be payable)?
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(3) Upon each receipt of a tax distribution by the municipal
school district, the board of education shall credit the portion
allocated to qualifying community schools to the qualifying
community schools fund. All income from the investment of money in
the qualifying community schools fund shall be credited to that
fund.
Not more than forty-five days after the municipal school
district receives and deposits each tax distribution, the board of
education shall distribute the qualifying community schools amount
among the qualifying community schools then eligible to receive
funds under this section. From each tax distribution, each such
qualifying community school shall receive a portion of the
qualifying community schools amount in the proportion that the
number of its resident students bears to the aggregate number of
resident students of all such qualifying community schools as of
the receipt and deposit of the tax distribution. For the purposes
of this division, the number of resident students shall be the
number of such students reported under section 3317.03 of the
Revised Code and established by the department of education as of
the receipt and deposit of the tax distribution.
(4) The board of education of the municipal school district
shall certify to the department of education each agreement
between the board and a qualifying community school referred to in
division (B)(6)(b) of this section, along with the determination
that such agreement satisfies the requirements of that division.
The board's determination is conclusive.
(5) For the purposes of Chapter 3317. of the Revised Code or
other laws referring to the "taxes charged and payable" for a
school district, the taxes charged and payable for a municipal
school district that levies a tax under division (B) of this
section includes only the taxes charged and payable under that
levy for the current expenses of the school district, and does not
include the taxes charged and payable for the current expenses of
qualifying community schools. The taxes charged and payable for
the current expenses of qualifying community schools shall not
affect the calculation of "state education aid" as defined in
section 5751.20 of the Revised Code.
(6) As used in division (B) of this section:
(a) "Municipal school district" has the same meaning as in
section 3311.71 of the Revised Code.
(b) "Qualifying community school" means a community school
established under Chapter 3314. of the Revised Code that is
located within the territory of the municipal school district and
that is either sponsored by the district or a party to an
agreement with the district identifying goals for the community
school's educational, financial, and management progress and
accountability standards by which the community school's progress
is to be measured.
(c) "Qualifying community schools amount" means the product
obtained, as of the receipt and deposit of the tax distribution,
by multiplying the amount of a tax distribution by a fraction, the
numerator of which is the number of mills per dollar of taxable
value of the property tax to be allocated to qualifying community
schools, and the denominator of which is the total number of mills
per dollar of taxable value authorized by the electors in the
election held under division (B) of this section, each as set
forth in the resolution levying the tax.
(d) "Qualifying community schools fund" means a separate fund
established by the board of education of a municipal school
district for the deposit of qualifying community school amounts
under this section.
(e) "Resident student" means a student enrolled in a
qualifying community school who is entitled to attend school in
the municipal school district under section 3313.64 or 3313.65 of
the Revised Code.
(f) "Tax distribution" means a distribution of proceeds of
the tax authorized by division (B) of this section under section
321.24 of the Revised Code and distributions that are attributable
to that tax under sections 323.156 and 4503.068 of the Revised
Code or other applicable law.
(C) A resolution adopted under this section shall specify
the date of holding such the election, which shall not be earlier
than ninety days after the adoption and certification of the
resolution and which shall be consistent with the requirements of
section 3501.01 of the Revised Code.
The A resolution adopted under this section may propose to
renew one or more existing levies imposed under division (A) or
(B) of this section or to increase or decrease a single levy
imposed under this section either such division. If
If the board of education imposes one or more existing levies
for the purpose specified in division (F) of section 5705.19 of
the Revised Code, the resolution may propose to renew one or more
of those existing levies, or to increase or decrease a single such
existing levy, for the purpose of general permanent improvements.
If
If the resolution proposes to renew two or more existing
levies, the levies shall be levied for the same purpose. The
resolution shall identify those levies and the rates at which they
are levied. The resolution also shall specify that the existing
levies shall not be extended on the tax lists after the year
preceding the year in which the renewal levy is first imposed,
regardless of the years for which those levies originally were
authorized to be levied.
If the resolution proposes to renew an existing levy imposed
under division (B) of this section, the rates allocated to the
municipal school district and to qualifying community schools each
may be increased or decreased or remain the same, and the total
rate may be increased, decreased, or remain the same. The
resolution and notice of election shall specify the number of the
mills to be levied for the current expenses of the qualifying
community schools and the number of the mills to be levied for the
current expenses of the municipal school district.
The A resolution adopted under this section shall go into
immediate effect upon its passage, and no publication of the
resolution shall be necessary other than that provided for in the
notice of election. A copy of the resolution shall immediately
after its passing be certified to the board of elections of the
proper county in the manner provided by section 5705.25 of the
Revised Code, and that. That section shall govern the arrangements
for the submission of such question and other matters concerning
such the election, to which that section refers, including
publication of notice of the election, except that such the
election shall be held on the date specified in the resolution.
Publication of notice of that election shall be made in a
newspaper of general circulation in the county once a week for two
consecutive weeks, or as provided in section 7.16 of the Revised
Code, prior to the election. If the board of elections operates
and maintains a web site, the board of elections shall post notice
of the election on its web site for thirty days prior to the
election. In the case of a resolution adopted under division (B)
of this section, the publication of notice of that election shall
state the number of the mills to be levied for the current
expenses of qualifying community schools and the number of the
mills to be levied for the current expenses of the municipal
school district. If a majority of the electors voting on the
question so submitted in an election vote in favor of the levy,
the board of education may make the necessary levy within the
school district at the additional rate, or at any lesser rate in
excess of the ten-mill limitation on the tax list, for the purpose
stated in the resolution. A levy for a continuing period of time
may be reduced pursuant to section 5705.261 of the Revised Code.
The tax levy shall be included in the next tax budget that is
certified to the county budget commission.
(C)(D)(1) After the approval of a levy on the current tax
list and duplicate for current expenses, for recreational
purposes, for community centers provided for in section 755.16 of
the Revised Code, or for a public library of the district under
division (A) of this section, and prior to the time when the first
tax collection from the levy can be made, the board of education
may anticipate a fraction of the proceeds of the levy and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy.
(2) After the approval of a levy for general permanent
improvements for a specified number of years, or for permanent
improvements having the purpose specified in division (F) of
section 5705.19 of the Revised Code, the board of education may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the levy remaining to be
collected in each year over a period of five years after the
issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(3) After approval of a levy for general permanent
improvements for a continuing period of time, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the levy to be
collected in each year over a specified period of years, not
exceeding ten, after the issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
(4) After the approval of a levy on the current tax list and
duplicate under division (B) of this section, and prior to the
time when the first tax collection from the levy can be made, the
board of education may anticipate a fraction of the proceeds of
the levy for the current expenses of the school district and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the estimated proceeds of the levy to be collected during
the first year of the levy and allocated to the school district.
The portion of the levy proceeds to be allocated to qualifying
community schools under that division shall not be included in the
estimated proceeds anticipated under this division and shall not
be used to pay debt charges on any anticipation notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(E) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
Sec. 5705.212. (A)(1) The board of education of any school
district, at any time and by a vote of two-thirds of all of its
members, may declare by resolution that the amount of taxes that
may be raised within the ten-mill limitation will be insufficient
to provide an adequate amount for the present and future
requirements of the school district, that it is necessary to levy
not more than five taxes in excess of that limitation for current
expenses, and that each of the proposed taxes first will be levied
in a different year, over a specified period of time. The board
shall identify the taxes proposed under this section as follows:
the first tax to be levied shall be called the "original tax."
Each tax subsequently levied shall be called an "incremental tax."
The rate of each incremental tax shall be identical, but the rates
of such incremental taxes need not be the same as the rate of the
original tax. The resolution also shall state that the question of
these additional taxes shall be submitted to the electors of the
school district at a special election. The resolution shall
specify separately for each tax proposed: the amount of the
increase in rate that it is necessary to levy, expressed
separately for the original tax and each incremental tax; that the
purpose of the levy is for current expenses; the number of years
during which the original tax shall be in effect; a specification
that the last year in which the original tax is in effect shall
also be the last year in which each incremental tax shall be in
effect; and the year in which each tax first is proposed to be
levied. The original tax may be levied for any number of years not
exceeding ten, or for a continuing period of time. The resolution
shall specify the date of holding the special election, which
shall not be earlier than ninety days after the adoption and
certification of the resolution and shall be consistent with the
requirements of section 3501.01 of the Revised Code.
(2) The board of education, by a vote of two-thirds of all of
its members, may adopt a resolution proposing to renew taxes
levied other than for a continuing period of time under division
(A)(1) of this section. Such a resolution shall provide for
levying a tax and specify all of the following:
(a) That the tax shall be called and designated on the ballot
as a renewal levy;
(b) The rate of the renewal tax, which shall be a single rate
that combines the rate of the original tax and each incremental
tax into a single rate. The rate of the renewal tax shall not
exceed the aggregate rate of the original and incremental taxes.
(c) The number of years, not to exceed ten, that the renewal
tax will be levied, or that it will be levied for a continuing
period of time;
(d) That the purpose of the renewal levy is for current
expenses;
(e) Subject to the certification and notification
requirements of section 5705.251 of the Revised Code, that the
question of the renewal levy shall be submitted to the electors of
the school district at the general election held during the last
year the original tax may be extended on the real and public
utility property tax list and duplicate or at a special election
held during the ensuing year.
(3) A resolution adopted under division (A)(1) or (2) of this
section shall go into immediate effect upon its adoption and no
publication of the resolution is necessary other than that
provided for in the notice of election. Immediately after its
adoption, a copy of the resolution shall be certified to the board
of elections of the proper county in the manner provided by
division (A) of section 5705.251 of the Revised Code, and that
division shall govern the arrangements for the submission of the
question and other matters concerning the election to which that
section refers. The election shall be held on the date specified
in the resolution. If a majority of the electors voting on the
question so submitted in an election vote in favor of the taxes or
a renewal tax, the board of education, if the original or a
renewal tax is authorized to be levied for the current year,
immediately may make the necessary levy within the school district
at the authorized rate, or at any lesser rate in excess of the
ten-mill limitation, for the purpose stated in the resolution. No
tax shall be imposed prior to the year specified in the resolution
as the year in which it is first proposed to be levied. The rate
of the original tax and the rate of each incremental tax shall be
cumulative, so that the aggregate rate levied in any year is the
sum of the rates of both the original tax and all incremental
taxes levied in or prior to that year under the same proposal. A
tax levied for a continuing period of time under this section may
be reduced pursuant to section 5705.261 of the Revised Code.
(4) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Notwithstanding sections section 133.30 and 133.301 of
the Revised Code, after the approval of a tax to be levied in the
current or the succeeding year and prior to the time when the
first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in an amount not to exceed fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy. The notes shall be sold as
provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal
as the anticipation notes mature shall be deemed appropriated for
those purposes from the levy, and appropriations from the levy by
the board of education shall be limited each fiscal year to the
balance available in excess of that amount.
If the auditor of state has certified a deficit pursuant to
section 3313.483 of the Revised Code, the notes authorized under
this section may be sold in accordance with Chapter 133. of the
Revised Code, except that the board may sell the notes after
providing a reasonable opportunity for competitive bidding.
(C)(1) The board of education of a municipal school district,
at any time and by a vote of two-thirds of all its members, may
declare by resolution that it is necessary to levy not more than
five taxes in excess of the ten-mill limitation for the current
expenses of the school district and of qualifying community
schools, and that each of the proposed taxes first will be levied
in a different year, over a specified period of time. The board
shall identify the taxes proposed under this division in the same
manner as in division (A)(1) of this section. The rate of each
incremental tax shall be identical, but the rates of such
incremental taxes need not be the same as the rate of the original
tax. In addition to the specifications required of the resolution
in division (A) of this section, the resolution shall state the
number of the mills to be levied each year for the current
expenses of the qualifying community schools and the number of the
mills to be levied each year for the current expenses of the
school district. The number of mills for the current expenses of
qualifying community schools shall be the same for each of the
incremental taxes, and the number of mills for the current
expenses of the municipal school district shall be the same for
each of the incremental taxes.
The levy of taxes for the current expenses of a qualifying
community school under division (C) of this section and the
distribution of proceeds from the tax by a municipal school
district to qualifying community schools is hereby determined to
be a proper public purpose.
(2) The board of education, by a vote of two-thirds of all of
its members, may adopt a resolution proposing to renew taxes
levied other than for a continuing period of time under division
(C)(1) of this section. In such a renewal levy, the rates
allocated to the municipal school district and to qualifying
community schools each may be increased or decreased or remain the
same, and the total rate may be increased, decreased, or remain
the same. In addition to the requirements of division (A)(2) of
this section, the resolution shall state the number of the mills
to be levied for the current expenses of the qualifying community
schools and the number of the mills to be levied for the current
expenses of the school district.
(3) A resolution adopted under division (C)(1) or (2) of this
section is subject to the rules and procedures prescribed by
division (A)(3) of this section.
(4) The proceeds of each tax levied under division (C)(1) or
(2) of this section shall be credited and distributed in the
manner prescribed by division (B)(3) of section 5705.21 of the
Revised Code, and divisions (B)(4), (5), and (6) of that section
apply to taxes levied under division (C) of this section.
(5) Notwithstanding section 133.30 of the Revised Code, after
the approval of a tax to be levied under division (C)(1) or (2) of
this section, in the current or succeeding year and prior to the
time when the first tax collection from that levy can be made, the
board of education may anticipate a fraction of the proceeds of
the levy for the current expenses of the municipal school district
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the estimated proceeds of the levy to be
collected during the first year of the levy and allocated to the
school district. The portion of levy proceeds to be allocated to
qualifying community schools shall not be included in the
estimated proceeds anticipated under this division and shall not
be used to pay debt charges on any anticipation notes.
The notes shall be sold as provided in Chapter 133. of the
Revised Code. If anticipation notes are issued, they shall mature
serially and in substantially equal amounts during each year over
a period not to exceed five years. The amount necessary to pay the
interest and principal as the anticipation notes mature shall be
deemed appropriated for those purposes from the levy, and
appropriations from the levy by the board of education shall be
limited each fiscal year to the balance available in excess of
that amount.
If the auditor of state has certified a deficit pursuant to
section 3313.483 of the Revised Code, the notes authorized under
this section may be sold in accordance with Chapter 133. of the
Revised Code, except that the board may sell the notes after
providing a reasonable opportunity for competitive bidding.
As used in division (C) of this section, "municipal school
district" and "qualifying community schools" have the same
meanings as in section 5705.21 of the Revised Code.
(D) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
Sec. 5705.215. (A) The governing board of an educational
service center that is the taxing authority of a county school
financing district, upon receipt of identical resolutions adopted
within a sixty-day period by a majority of the members of the
board of education of each school district that is within the
territory of the county school financing district, may submit a
tax levy to the electors of the territory in the same manner as a
school board may submit a levy under division (B)(C) of section
5705.21 of the Revised Code, except that:
(1) The levy may be for a period not to exceed ten years, or,
if the levy is solely for the purpose or purposes described in
division (A)(2)(a) or (c) of this section, for a continuing period
of time.
(2) The purpose of the levy shall be one or more of the
following:
(a) For current expenses for the provision of special
education and related services within the territory of the
district;
(b) For permanent improvements within the territory of the
district for special education and related services;
(c) For current expenses for specified educational programs
within the territory of the district;
(d) For permanent improvements within the territory of the
district for specified educational programs;
(e) For permanent improvements within the territory of the
district.
(B) If the levy provides for but is not limited to current
expenses, the resolutions shall apportion the annual rate of the
levy between current expenses and the other purposes. The
apportionment need not be the same for each year of the levy, but
the respective portions of the rate actually levied each year for
current expenses and the other purposes shall be limited by that
apportionment.
(C) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(D) After the approval of a county school financing district
levy under this section, the taxing authority may anticipate a
fraction of the proceeds of such levy and may from time to time
during the life of such levy, but in any given year prior to the
time when the tax collection from such levy can be made for that
year, issue anticipation notes in an amount not exceeding fifty
per cent of the estimated proceeds of the levy to be collected in
each year up to a period of five years after the date of the
issuance of such notes, less an amount equal to the proceeds of
such levy obligated for each year by the issuance of anticipation
notes, provided that the total amount maturing in any one year
shall not exceed fifty per cent of the anticipated proceeds of the
levy for that year. Each issue of notes shall be sold as provided
in Chapter 133. of the Revised Code, and shall, except for such
limitation that the total amount of such notes maturing in any one
year shall not exceed fifty per cent of the anticipated proceeds
of such levy for that year, mature serially in substantially equal
installments during each year over a period not to exceed five
years after their issuance.
(E)(1) In a resolution to be submitted to the taxing
authority of a county school financing district under division (A)
of this section calling for a ballot issue on the question of the
levying of a tax for a continuing period of time by the taxing
authority, the board of education of a school district that is
part of the territory of the county school financing district also
may propose to reduce the rate of one or more of that school
district's property taxes levied for a continuing period of time
in excess of the ten-mill limitation. The reduction in the rate of
a property tax may be any amount, expressed in mills per one
dollar of valuation, not exceeding the rate at which the tax is
authorized to be levied. The reduction in the rate of a tax shall
first take effect in the same year that the county school
financing district tax takes effect, and shall continue for each
year that the county school financing district tax is in effect. A
board of education's resolution proposing to reduce the rate of
one or more of its school district property taxes shall
specifically identify each such tax and shall state for each tax
the maximum rate at which it currently may be levied and the
maximum rate at which it could be levied after the proposed
reduction, expressed in mills per one dollar of valuation.
Before submitting the resolution to the taxing authority of
the county school financing district, the board of education of
the school district shall certify a copy of it to the tax
commissioner. Within ten days of receiving the copy, the tax
commissioner shall certify to the board the reduction in the
school district's total effective tax rate for each class of
property that would have resulted if the proposed reduction in the
rate or rates had been in effect the previous year. After
receiving the certification from the commissioner, the board may
amend its resolution to change the proposed property tax rate
reduction before submitting the resolution to the financing
district taxing authority. As used in this paragraph, "effective
tax rate" has the same meaning as in section 323.08 of the Revised
Code.
If the board of education of a school district that is part
of the territory of a county school financing district adopts a
resolution proposing to reduce the rate of one or more of its
property taxes in conjunction with the levying of a tax by the
financing district, the resolution submitted by the board to the
taxing authority of the financing district under division (A) of
this section does not have to be identical in this respect to the
resolutions submitted by the boards of education of the other
school districts that are part of the territory of the county
school financing district.
(2) Each school district that is part of the territory of a
county school financing district may tailor to its own situation a
proposed reduction in one or more property tax rates in
conjunction with the proposed levying of a tax by the county
school financing district; if one such school district proposes a
reduction in one or more tax rates, another school district may
propose a reduction of a different size or may propose no
reduction. Within each school district that is part of the
territory of the county school financing district, the electors
shall vote on one ballot issue combining the question of the
levying of the tax by the taxing authority of the county school
financing district with, if any such reduction is proposed, the
question of the reduction in the rate of one or more taxes of the
school district. If a majority of the electors of the county
school financing district voting on the question of the proposed
levying of a tax by the taxing authority of the financing district
vote to approve the question, any tax reductions proposed by
school districts that are part of the territory of the financing
district also are approved.
(3) The form of the ballot for an issue proposing to levy a
county school financing district tax in conjunction with the
reduction of the rate of one or more school district taxes shall
be as follows:
"Shall the ....... (name of the county school financing
district) be authorized to levy an additional tax for .......
(purpose stated in the resolutions) at a rate not exceeding
....... mills for each one dollar of valuation, which amounts to
....... (rate expressed in dollars and cents) for each one hundred
dollars of valuation, for a continuing period of time? If the
county school financing district tax is approved, the rate of an
existing tax currently levied by the ....... (name of the school
district of which the elector is a resident) at the rate of
....... mills for each one dollar of valuation shall be reduced to
....... mills until any such time as the county school financing
district tax is decreased or repealed.
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For the issue |
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Against the issue |
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If the board of education of the school district proposes to
reduce the rate of more than one of its existing taxes, the second
sentence of the ballot language shall be modified for residents of
that district to express the rates at which those taxes currently
are levied and the rates to which they would be reduced. If the
board of education of the school district does not propose to
reduce the rate of any of its taxes, the second sentence of the
ballot language shall not be used for residents of that district.
In any case, the first sentence of the ballot language shall be
the same for all the electors in the county school financing
district, but the second sentence shall be different in each
school district depending on whether and in what amount the board
of education of the school district proposes to reduce the rate of
one or more of its property taxes.
(4) If the rate of a school district property tax is reduced
pursuant to this division, the tax commissioner shall compute the
percentage required to be computed for that tax under division (D)
of section 319.301 of the Revised Code each year the rate is
reduced as if the tax had been levied in the preceding year at the
rate to which it has been reduced. If the reduced rate of a tax is
increased under division (E)(5) of this section, the commissioner
shall compute the percentage required to be computed for that tax
under division (D) of section 319.301 of the Revised Code each
year the rate is increased as if the tax had been levied in the
preceding year at the rate to which it has been increased.
(5) After the levying of a county school financing district
tax in conjunction with the reduction of the rate of one or more
school district taxes is approved by the electors under this
division, if the rate of the county school financing district tax
is decreased pursuant to an election under section 5705.261 of the
Revised Code, the rate of each school district tax that had been
reduced shall be increased by the number of mills obtained by
multiplying the number of mills of the original reduction by the
same percentage that the financing district tax rate is decreased.
If the county school financing district tax is repealed pursuant
to an election under section 5705.261 of the Revised Code, each
school district may resume levying the property taxes that had
been reduced at the full rate originally approved by the electors.
A reduction in the rate of a school district property tax under
this division is a reduction in the rate at which the board of
education may levy that tax only for the period during which the
county school financing district tax is levied prior to any
decrease or repeal under section 5705.261 of the Revised Code. The
resumption of the authority of the board of education to levy an
increased or the full rate of tax does not constitute the levying
of a new tax in excess of the ten-mill limitation.
Sec. 5705.216. A board of education that has issued notes in
anticipation of the proceeds of a permanent improvements levy in
the maximum amount permitted under division (C)(D)(2) or (3) of
section 5705.21 of the Revised Code or a taxing authority of a
county school financing district that has issued notes in
anticipation of the proceeds of a levy in the maximum amount
permitted under section 5705.215 of the Revised Code may, if the
proceeds from the issuance of such notes have been spent,
contracted, or encumbered, apply to the superintendent of public
instruction for authorization to anticipate a fraction of the
remaining estimated proceeds of the levy and issue anticipation
notes for that purpose. The application shall be in such form and
contain such information as the superintendent considers necessary
and shall specify the amount of notes to be issued. The amount
shall not exceed the following:
(A) In the case of a school district:
(1) For levies described under division (C)(D)(2) of section
5705.21 of the Revised Code, the amount by which the total
estimated proceeds of the levy remaining to be collected
throughout its life exceeds the amount from such proceeds required
to pay the principal and interest on notes issued under section
5705.21 of the Revised Code and the interest on any notes issued
under this section;
(2) For levies described under division (C)(D)(3) of section
5705.21 of the Revised Code, the amount by which the total
estimated proceeds of the levy remaining to be collected over the
specified number of years authorized for the issuance of the notes
exceeds the amount from such proceeds required to pay the
principal and interest on notes issued under section 5705.21 of
the Revised Code and the interest on any notes issued under this
section.
(B) In the case of a county school financing district, the
amount by which the total estimated proceeds of the levy remaining
to be collected for the first five years of its life exceed the
amount from such proceeds required to pay the principal and
interest on notes issued under section 5705.215 of the Revised
Code and the interest on any notes issued under this section.
The superintendent shall examine the application and any
other relevant information submitted and shall determine and
certify the maximum amount of notes the district may issue under
this section, which may be an amount less than the amount
requested by the district.
If the superintendent determines that the anticipated
proceeds from the levy may be significantly less than expected and
that additional notes should not be issued, he the superintendent
may deny the application and give written notice of the denial to
the president of the district's board of education or the taxing
authority.
Such notes shall be sold in the same manner as notes issued
under section 5705.21 or 5705.215 of the Revised Code.
Sec. 5705.218. (A) The board of education of a city, local,
or exempted village school district, at any time by a vote of
two-thirds of all its members, may declare by resolution that it
may be necessary for the school district to issue general
obligation bonds for permanent improvements. The resolution shall
state all of the following:
(1) The necessity and purpose of the bond issue;
(2) The date of the special election at which the question
shall be submitted to the electors;
(3) The amount, approximate date, estimated rate of interest,
and maximum number of years over which the principal of the bonds
may be paid;
(4) The necessity of levying a tax outside the ten-mill
limitation to pay debt charges on the bonds and any anticipatory
securities.
On adoption of the resolution, the board shall certify a copy
of it to the county auditor. The county auditor promptly shall
estimate and certify to the board the average annual property tax
rate required throughout the stated maturity of the bonds to pay
debt charges on the bonds, in the same manner as under division
(C) of section 133.18 of the Revised Code.
(B) After receiving the county auditor's certification under
division (A) of this section, the board of education of the city,
local, or exempted village school district, by a vote of
two-thirds of all its members, may declare by resolution that the
amount of taxes that can be raised within the ten-mill limitation
will be insufficient to provide an adequate amount for the present
and future requirements of the school district; that it is
necessary to issue general obligation bonds of the school district
for permanent improvements and to levy an additional tax in excess
of the ten-mill limitation to pay debt charges on the bonds and
any anticipatory securities; that it is necessary for a specified
number of years or for a continuing period of time to levy
additional taxes in excess of the ten-mill limitation to provide
funds for the acquisition, construction, enlargement, renovation,
and financing of permanent improvements or to pay for current
operating expenses, or both; and that the question of the bonds
and taxes shall be submitted to the electors of the school
district at a special election, which shall not be earlier than
ninety days after certification of the resolution to the board of
elections, and the date of which shall be consistent with section
3501.01 of the Revised Code. The resolution shall specify all of
the following:
(1) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds;
(2) The proposed rate of the tax, if any, for current
operating expenses, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time;
(3) The proposed rate of the tax, if any, for permanent
improvements, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time.
The resolution shall apportion the annual rate of the tax
between current operating expenses and permanent improvements, if
both taxes are proposed. The apportionment may but need not be the
same for each year of the tax, but the respective portions of the
rate actually levied each year for current operating expenses and
permanent improvements shall be limited by the apportionment. The
resolution shall go into immediate effect upon its passage, and no
publication of it is necessary other than that provided in the
notice of election. The board of education shall certify a copy of
the resolution, along with copies of the auditor's estimate and
its resolution under division (A) of this section, to the board of
elections immediately after its adoption.
(C) The board of elections shall make the arrangements for
the submission of the question to the electors of the school
district the question proposed under division (B) or (J) of this
section, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the district
for the election of county officers. The resolution shall be put
before the electors as one ballot question, with a favorable vote
indicating approval of the bond issue, the levy to pay debt
charges on the bonds and any anticipatory securities, the current
operating expenses levy, and the permanent improvements levy, if
either or both levies are and the levy for the current expenses of
a municipal school district and of qualifying community schools,
as those levies may be proposed. The board of elections shall
publish notice of the election in a newspaper of general
circulation in the school district once a week for two consecutive
weeks, or as provided in section 7.16 of the Revised Code, prior
to the election. If a board of elections operates and maintains a
web site, that board also shall post notice of the election on its
web site for thirty days prior to the election. The notice of
election shall state all of the following:
(1) The principal amount of the proposed bond issue;
(2) The permanent improvements for which the bonds are to be
issued;
(3) The maximum number of years over which the principal of
the bonds may be paid;
(4) The estimated additional average annual property tax rate
to pay the debt charges on the bonds, as certified by the county
auditor;
(5) The proposed rate of the additional tax, if any, for
current operating expenses and, if the question is proposed under
division (J) of this section, the portion of the rate to be
allocated to the school district and the portion to be allocated
to qualifying community schools;
(6) The number of years the current operating expenses tax
will be in effect, or that it will be in effect for a continuing
period of time;
(7) The proposed rate of the additional tax, if any, for
permanent improvements;
(8) The number of years the permanent improvements tax will
be in effect, or that it will be in effect for a continuing period
of time;
(9) The time and place of the special election.
(D) The form of the ballot for an election under this section
is as follows:
"Shall the .......... school district be authorized to do the
following:
(1) Issue bonds for the purpose of .......... in the
principal amount of $......, to be repaid annually over a maximum
period of ...... years, and levy a property tax outside the
ten-mill limitation, estimated by the county auditor to average
over the bond repayment period ...... mills for each one dollar of
tax valuation, which amounts to ...... (rate expressed in cents or
dollars and cents, such as "36 cents" or "$1.41") for each $100 of
tax valuation, to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those
bonds?"
If either a levy for permanent improvements or a levy for
current operating expenses is proposed, or both are proposed, the
ballot also shall contain the following language, as appropriate:
"(2) Levy an additional property tax to provide funds for the
acquisition, construction, enlargement, renovation, and financing
of permanent improvements at a rate not exceeding ....... mills
for each one dollar of tax valuation, which amounts to .......
(rate expressed in cents or dollars and cents) for each $100 of
tax valuation, for ...... (number of years of the levy, or a
continuing period of time)?
(3) Levy an additional property tax to pay current operating
expenses at a rate not exceeding ....... mills for each one dollar
of tax valuation, which amounts to ....... (rate expressed in
cents or dollars and cents) for each $100 of tax valuation, for
....... (number of years of the levy, or a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
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If the question is proposed under division (J) of this
section, the form of the ballot shall be modified as prescribed by
division (J)(5) of this section.
(E) The board of elections promptly shall certify the results
of the election to the tax commissioner and the county auditor of
the county in which the school district is located. If a majority
of the electors voting on the question vote for it, the board of
education may proceed with issuance of the bonds and with the levy
and collection of the property tax or taxes at the additional rate
or any lesser rate in excess of the ten-mill limitation. Any
securities issued by the board of education under this section are
Chapter 133. securities, as that term is defined in section 133.01
of the Revised Code.
(F)(1) After the approval of a tax for current operating
expenses under this section and prior to the time the first
collection and distribution from the levy can be made, the board
of education may anticipate a fraction of the proceeds of such
levy and issue anticipation notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the
tax to be collected during the first year of the levy.
(2) After the approval of a tax under this section for
permanent improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five years
after issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of education
may anticipate a fraction of the proceeds of such tax and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the tax to be collected in
each year over a specified period of years, not exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be issued as
provided in section 133.24 of the Revised Code. Notes issued under
division (F)(1) or (2) of this section shall have principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment
in the year of their issuance. Notes issued under division (F)(3)
of this section shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
(G) A tax for current operating expenses or for permanent
improvements levied under this section for a specified number of
years may be renewed or replaced in the same manner as a tax for
current operating expenses or for permanent improvements levied
under section 5705.21 of the Revised Code. A tax for current
operating expenses or for permanent improvements levied under this
section for a continuing period of time may be decreased in
accordance with section 5705.261 of the Revised Code.
(H) The submission of a question to the electors under this
section is subject to the limitation on the number of elections
that can be held in a year under section 5705.214 of the Revised
Code.
(I) A school district board of education proposing a ballot
measure under this section to generate local resources for a
project under the school building assistance expedited local
partnership program under section 3318.36 of the Revised Code may
combine the questions under division (D) of this section with a
question for the levy of a property tax to generate moneys for
maintenance of the classroom facilities acquired under that
project as prescribed in section 3318.361 of the Revised Code.
(J)(1) After receiving the county auditor's certification
under division (A) of this section, the board of education of a
municipal school district, by a vote of two-thirds of all its
members, may declare by resolution that it is necessary to levy a
tax in excess of the ten-mill limitation for the purpose of paying
the current expenses of the school district and of qualifying
community schools, as defined in section 5705.21 of the Revised
Code; that it is necessary to issue general obligation bonds of
the school district for permanent improvements of the district and
to levy an additional tax in excess of the ten-mill limitation to
pay debt charges on the bonds and any anticipatory securities; and
that the question of the bonds and taxes shall be submitted to the
electors of the school district at a special election, which shall
not be earlier than ninety days after certification of the
resolution to the board of elections, and the date of which shall
be consistent with section 3505.01 of the Revised Code.
The levy of taxes for the current expenses of a qualifying
community school under division (J) of this section and the
distribution of proceeds from the tax by a municipal school
district to qualifying community schools is hereby determined to
be a proper public purpose.
(2) The tax for the current expenses of the school district
and of qualifying community schools is subject to the requirements
of divisions (B)(3), (4), and (5) of section 5705.21 of the
Revised Code.
(3) In addition to the required specifications of the
resolution under division (B) of this section, the resolution
shall express the rate of the tax in mills per dollar of taxable
value and state the number of the mills to be levied for the
current expenses of the qualifying community schools and the
number of the mills to be levied for the current expenses of the
school district.
The resolution shall go into immediate effect upon its
passage, and no publication of it is necessary other than that
provided in the notice of election. The board of education shall
certify a copy of the resolution, along with copies of the
auditor's estimate and its resolution under division (A) of this
section, to the board of elections immediately after its adoption.
(4) The form of the ballot shall be modified by replacing
division (D)(3) of this section with the following:
"Levy an additional property tax for the purpose of the
current expenses of the school district and of qualifying
community schools at a rate not exceeding ...... (insert the
number of mills) mills for each one dollar of valuation (of which
...... (insert the number of mills to be allocated to qualifying
community schools) mills is to be allocated to qualifying
community schools), which amounts to ...... (insert the rate
expressed in dollars and cents) for each one hundred dollars of
valuation, for ...... (insert the number of years the levy is to
be imposed, or that it will be levied for a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
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(5) After the approval of a tax for the current expenses of
the school district and of qualifying community schools under
division (J) of this section, and prior to the time the first
collection and distribution from the levy can be made, the board
of education may anticipate a fraction of the proceeds of the levy
for the current expenses of the school district and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the estimated proceeds of the levy to be collected during
the first year of the levy and allocated to the school district.
The portion of levy proceeds to be allocated to qualifying
community schools shall not be included in the estimated proceeds
anticipated under this division and shall not be used to pay debt
charges on any anticipation notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(6) A tax for the current expenses of the school district and
of qualifying community schools levied under division (J) of this
section for a specified number of years may be renewed or replaced
in the same manner as a tax for the current expenses of a school
district and of qualifying community schools levied under division
(B) of section 5705.21 of the Revised Code. A tax for the current
expenses of the school district and of qualifying community
schools levied under this division for a continuing period of time
may be decreased in accordance with section 5705.261 of the
Revised Code.
(7) The proceeds from the issuance of the general obligation
bonds under division (J) of this section shall be used solely to
pay for permanent improvements of the school district and not for
permanent improvements of qualifying community schools.
Sec. 5705.251. (A) A copy of a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
certified by the board of education to the board of elections of
the proper county not less than ninety days before the date of the
election specified in the resolution, and the board of elections
shall submit the proposal to the electors of the school district
at a special election to be held on that date. The board of
elections shall make the necessary arrangements for the submission
of the question or questions to the electors of the school
district, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the school
district for the election of county officers. Notice of the
election shall be published in a newspaper of general circulation
in the subdivision once a week for two consecutive weeks, or as
provided in section 7.16 of the Revised Code, prior to the
election. If the board of elections operates and maintains a web
site, the board of elections shall post notice of the election on
its web site for thirty days prior to the election.
(1) In the case of a resolution adopted under section
5705.212 of the Revised Code, the notice shall state separately,
for each tax being proposed, the purpose; the proposed increase in
rate, expressed in dollars and cents for each one hundred dollars
of valuation as well as in mills for each one dollar of valuation;
the number of years during which the increase will be in effect;
and the first calendar year in which the tax will be due. For an
election on the question of a renewal levy, the notice shall state
the purpose; the proposed rate, expressed in dollars and cents for
each one hundred dollars of valuation as well as in mills for each
one dollar of valuation; and the number of years the tax will be
in effect.
If the resolution is adopted under division (C) of that
section, the rate of each tax being proposed shall be expressed as
both the total rate and the portion of the total rate to be
allocated to the municipal school district and the portion to be
allocated to qualifying community schools.
(2) In the case of a resolution adopted under section
5705.213 of the Revised Code, the notice shall state the purpose;
the amount proposed to be raised by the tax in the first year it
is levied; the estimated average additional tax rate for the first
year it is proposed to be levied, expressed in mills for each one
dollar of valuation and in dollars and cents for each one hundred
dollars of valuation; the number of years during which the
increase will be in effect; and the first calendar year in which
the tax will be due. The notice also shall state the amount by
which the amount to be raised by the tax may be increased in each
year after the first year. The amount of the allowable increase
may be expressed in terms of a dollar increase over, or a
percentage of, the amount raised by the tax in the immediately
preceding year. For an election on the question of a renewal levy,
the notice shall state the purpose; the amount proposed to be
raised by the tax; the estimated tax rate, expressed in mills for
each one dollar of valuation and in dollars and cents for each one
hundred dollars of valuation; and the number of years the tax will
be in effect.
In any case, the notice also shall state the time and place
of the election.
(B)(1) The form of the ballot in an election on taxes
proposed under section 5705.212 of the Revised Code shall be as
follows:
"Shall the .......... school district be authorized to levy
taxes for current expenses, the aggregate rate of which may
increase in ...... (number) increment(s) of not more than ......
mill(s) for each dollar of valuation, from an original rate of
...... mill(s) for each dollar of valuation, which amounts to
...... (rate expressed in dollars and cents) for each one hundred
dollars of valuation, to a maximum rate of ...... mill(s) for each
dollar of valuation, which amounts to ...... (rate expressed in
dollars and cents) for each one hundred dollars of valuation? The
original tax is first proposed to be levied in ...... (the first
year of the tax), and the incremental tax in ...... (the first
year of the increment) (if more than one incremental tax is
proposed in the resolution, the first year that each incremental
tax is proposed to be levied shall be stated in the preceding
format, and the increments shall be referred to as the first,
second, third, or fourth increment, depending on their number).
The aggregate rate of tax so authorized will .......... (insert
either, "expire with the original rate of tax which shall be in
effect for ...... years" or "be in effect for a continuing period
of time").
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FOR THE TAX LEVIES |
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AGAINST THE TAX LEVIES |
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If the tax is proposed by a municipal school district under
division (C)(1) of section 5705.212 of the Revised Code, the form
of the ballot shall be modified by adding, after the phrase "each
dollar of valuation," the following: "(of which ...... mills is to
be allocated to qualifying community schools)."
(2) The form of the ballot in an election on the question of
a renewal levy under section 5705.212 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew a
tax for current expenses at a rate not exceeding ......... mills
for each dollar of valuation, which amounts to ......... (rate
expressed in dollars and cents) for each one hundred dollars of
valuation, for .......... (number of years the levy shall be in
effect, or a continuing period of time)?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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If the tax is proposed by a municipal school district under
division (C)(2) of section 5705.212 of the Revised Code and the
total rate and the rates allocated to the school district and
qualifying community schools are to remain the same as those of
the levy being renewed, the form of the ballot shall be modified
by adding, after the phrase "each dollar of valuation," the
following: "(of which ...... mills is to be allocated to
qualifying community schools)." If the total rate is to be
increased, the form of the ballot shall state that the proposal is
to renew the existing tax with an increase in rate and shall state
the increase in rate, the total rate resulting from the increase,
and, of that rate, the portion of the rate to be allocated to
qualifying community schools. If the total rate is to be
decreased, the form of the ballot shall state that the proposal is
to renew a part of the existing tax and shall state the reduction
in rate, the total rate resulting from the decrease, and, of that
rate, the portion of the rate to be allocated to qualifying
community schools.
(3) If a tax proposed by a ballot form prescribed in division
(B)(1) or (2) of this section is to be placed on the current tax
list, the form of the ballot shall be modified by adding, after
the statement of the number of years the levy is to be in effect,
the phrase ", commencing in .......... (first year the tax is to
be levied), first due in calendar year .......... (first calendar
year in which the tax shall be due)."
(C) The form of the ballot in an election on a tax proposed
under section 5705.213 of the Revised Code shall be as follows:
"Shall the ........ school district be authorized to levy the
following tax for current expenses? The tax will first be levied
in ...... (year) to raise ...... (dollars). In the ...... (number
of years) following years, the tax will increase by not more than
...... (per cent or dollar amount of increase) each year, so that,
during ...... (last year of the tax), the tax will raise
approximately ...... (dollars). The county auditor estimates that
the rate of the tax per dollar of valuation will be ......
mill(s), which amounts to $..... per one hundred dollars of
valuation, both during ...... (first year of the tax) and ......
mill(s), which amounts to $...... per one hundred dollars of
valuation, during ...... (last year of the tax). The tax will not
be levied after ...... (year).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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The form of the ballot in an election on the question of a
renewal levy under section 5705.213 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew a
tax for current expenses which will raise ......... (dollars),
estimated by the county auditor to be ......... mills for each
dollar of valuation, which amounts to ......... (rate expressed in
dollars and cents) for each one hundred dollars of valuation? The
tax shall be in effect for ......... (the number of years the levy
shall be in effect, or a continuing period of time).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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If the tax is to be placed on the current tax list, the form
of the ballot shall be modified by adding, after the statement of
the number of years the levy is to be in effect, the phrase ",
commencing in .......... (first year the tax is to be levied),
first due in calendar year .......... (first calendar year in
which the tax shall be due)."
(D) The question covered by a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
submitted as a separate question, but may be printed on the same
ballot with any other question submitted at the same election,
other than the election of officers. More than one question may be
submitted at the same election.
(E) Taxes voted in excess of the ten-mill limitation under
division (B) or (C) of this section shall be certified to the tax
commissioner. If an additional tax is to be placed upon the tax
list of the current year, as specified in the resolution providing
for its submission, the result of the election shall be certified
immediately after the canvass by the board of elections to the
board of education. The board of education immediately shall make
the necessary levy and certify it to the county auditor, who shall
extend it on the tax list for collection. After the first year,
the levy shall be included in the annual tax budget that is
certified to the county budget commission.
Sec. 5705.261. The question of decrease of an increased rate
of levy approved for a continuing period of time by the voters of
a subdivision may be initiated by the filing of a petition with
the board of elections of the proper county not less than ninety
days before the general election in any year requesting that an
election be held on such question. Such petition shall state the
amount of the proposed decrease in the rate of levy and shall be
signed by qualified electors residing in the subdivision equal in
number to at least ten per cent of the total number of votes cast
in the subdivision for the office of governor at the most recent
general election for that office. Only one such petition may be
filed during each five-year period following the election at which
the voters approved the increased rate for a continuing period of
time.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the district at the succeeding general election. The election
shall be conducted, canvassed, and certified in the same manner as
regular elections in such subdivision for county offices. Notice
of the election shall be published in a newspaper of general
circulation in the district once a week for two consecutive weeks,
or as provided in section 7.16 of the Revised Code, prior to the
election. If the board of elections operates and maintains a web
site, the board of elections shall post notice of the election on
its web site for thirty days prior to the election. The notice
shall state the purpose, the amount of the proposed decrease in
rate, and the time and place of the election. The form of the
ballot cast at such election shall be prescribed by the secretary
of state. The question covered by such petition shall be submitted
as a separate proposition but it may be printed on the same ballot
with any other propositions submitted at the same election other
than the election of officers. If a majority of the qualified
electors voting on the question of a decrease at such election
approve the proposed decrease in rate, the result of the election
shall be certified immediately after the canvass by the board of
elections to the subdivision's taxing authority, which shall
thereupon, after the current year, cease to levy such increased
rate or levy such tax at such reduced rate upon the duplicate of
the subdivision. If notes have been issued in anticipation of the
collection of such levy, the taxing authority shall continue to
levy and collect under authority of the election authorizing the
original levy such amounts as will be sufficient to pay the
principal of and interest on such anticipation notes as the same
fall due.
In the case of a levy for the current expenses of a municipal
school district and of qualifying community schools imposed under
section 5705.192, division (B) of section 5705.21, division (C) of
section 5705.212, or division (J) of section 5705.218 of the
Revised Code for a continuing period of time, the rate allocated
to the school district and to qualifying community schools shall
each be decreased by a number of mills per dollar that is
proportionate to the decrease in the rate of the levy in
proportion to the rate at which the levy was imposed before the
decrease.
Sec. 5748.01. As used in this chapter:
(A) "School district income tax" means an income tax adopted
under one of the following:
(1) Former section 5748.03 of the Revised Code as it existed
prior to its repeal by Amended Substitute House Bill No. 291 of
the 115th general assembly;
(2) Section 5748.03 of the Revised Code as enacted in
Substitute Senate Bill No. 28 of the 118th general assembly;
(3) Section 5748.08 of the Revised Code as enacted in Amended
Substitute Senate Bill No. 17 of the 122nd general assembly;
(4) Section 5748.021 of the Revised Code;
(5) Section 5748.081 of the Revised Code;
(6) Section 5748.09 of the Revised Code.
(B) "Individual" means an individual subject to the tax
levied by section 5747.02 of the Revised Code.
(C) "Estate" means an estate subject to the tax levied by
section 5747.02 of the Revised Code.
(D) "Taxable year" means a taxable year as defined in
division (M) of section 5747.01 of the Revised Code.
(E) "Taxable income" means:
(1) In the case of an individual, one of the following, as
specified in the resolution imposing the tax:
(a) Ohio adjusted gross income for the taxable year as
defined in division (A) of section 5747.01 of the Revised Code,
less the exemptions provided by section 5747.02 of the Revised
Code;
(b) Wages, salaries, tips, and other employee compensation to
the extent included in Ohio adjusted gross income as defined in
section 5747.01 of the Revised Code, and net earnings from
self-employment, as defined in section 1402(a) of the Internal
Revenue Code, to the extent included in Ohio adjusted gross
income.
(2) In the case of an estate, taxable income for the taxable
year as defined in division (S) of section 5747.01 of the Revised
Code.
(F) "Resident" of the school district means:
(1) An individual who is a resident of this state as defined
in division (I) of section 5747.01 of the Revised Code during all
or a portion of the taxable year and who, during all or a portion
of such period of state residency, is domiciled in the school
district or lives in and maintains a permanent place of abode in
the school district;
(2) An estate of a decedent who, at the time of death, was
domiciled in the school district.
(G) "School district income" means:
(1) With respect to an individual, the portion of the taxable
income of an individual that is received by the individual during
the portion of the taxable year that the individual is a resident
of the school district and the school district income tax is in
effect in that school district. An individual may have school
district income with respect to more than one school district.
(2) With respect to an estate, the taxable income of the
estate for the portion of the taxable year that the school
district income tax is in effect in that school district.
(H) "Taxpayer" means an individual or estate having school
district income upon which a school district income tax is
imposed.
(I) "School district purposes" means any of the purposes for
which a tax may be levied pursuant to division (A) of section
5705.21 of the Revised Code, including the combined purposes
authorized by section 5705.217 of the Revised Code.
Section 2. That existing sections 124.36, 2903.13, 2921.02,
3302.03, 3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74,
3311.76, 3313.41, 3313.411, 3313.975, 3314.012, 3314.016, 3314.10,
3314.35, 3314.36, 3316.07, 3318.08, 3319.02, 3319.071, 3319.10,
3319.112, 3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151,
3319.18, 3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215,
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 of the Revised
Code are hereby repealed.
Section 3. The amendment by this act of sections 5705.192,
5705.21, 5705.212, 5705.215, 5705.216, 5705.218, 5705.251,
5705.261, and 5748.01 of the Revised Code apply to any proceedings
commenced after their effective date, and, so far as their
provisions support the actions taken, also apply to any
proceedings that on their effective date are pending, in progress,
or completed, to any elections authorized, conducted, or
certified, and to securities authorized or issued pursuant to
those proceedings, notwithstanding any law, resolution, ordinance,
order, advertisement, notice, or other proceeding in effect before
their effective date. Any proceedings pending or in progress on,
or completed by or before, the effective date of those amendments,
elections authorized, conducted, or certified, and securities
sold, issued, and delivered, or validated, pursuant to those
proceedings, shall be deemed to have been taken, authorized,
conducted, certified, sold, issued, delivered, or validated in
conformity with those amendments so far as their provisions
support the actions taken, and are hereby ratified and confirmed.
The amendment by this act of sections 5705.192, 5705.21,
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and
5748.01 of the Revised Code provide additional or supplemental
provisions for subject matter that may also be the subject of
other laws, and is intended to be supplemental to, and not in
derogation of, any similar authority provided by, derived from, or
implied by, the Constitution of Ohio, or any other law, including
laws amended by this act, or any charter, order, resolution, or
ordinance; and those amendments to sections 5705.192, 5705.21,
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and
5748.01 of the Revised Code shall not be interpreted to negate the
authority provided by, derived from, or implied by such
Constitution of Ohio, laws, charters, orders, resolutions, or
ordinances.
The provisions of law enacted, amended, or repealed by this
act, as existed prior to the act's effective date, shall be deemed
to remain applicable to any actions taken, including any election
held or any securities issued pursuant to or in reliance on them.
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