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H. B. No. 58 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Cera, Mallory
A BILL
To amend sections 3301.01, 3301.03, 3301.04, 3301.05,
3301.06, and 3513.259, to enact new section
3301.02 and section 3301.021, and to repeal
section 3301.02 of the Revised Code to change the
voting membership of the State Board of Education
to consist of a member from each of several
electoral districts with boundaries coinciding
with the state's Congressional districts and a
president to be appointed by the Governor if there
is an even number of such electoral districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.01, 3301.03, 3301.04, 3301.05,
3301.06, and 3513.259 be amended and new section 3301.02 and
section 3301.021 of the Revised Code be enacted to read as
follows:
Sec. 3301.01.
(A) There is hereby created the state board of
education consisting of
nineteen members with eleven elected
members, one each to be elected in accordance with section 3301.03
of the Revised Code from each of the districts established in
accordance with division (B) of this section, and with eight
members to be appointed by the governor with the advice and
consent of the senate
one member from each district created under
this section. For the purpose of election of board members, the
state shall be divided into the number of congressional districts
from time to time created under section 3521.01 of the Revised
Code. The boundaries of the state board of education districts and
the counties comprising each board member's district shall
coincide with the boundaries and counties comprising each of the
congressional districts from time to time created under section
3521.01 of the Revised Code. One voting member of the state board
shall be elected from each district.
If at any time there is an even number of districts, the
governor shall appoint an additional member who shall be the
president of the board and who shall vote on board matters only in
the case of a tie among the other members of the board. This
member shall be appointed in accordance with section 3301.021 of
the Revised Code.
If there is an odd number of districts, the governor shall
not appoint the president of the board. In that case, the
president shall be selected by the members of the board and shall
be a voting member elected from one of the districts described in
this section.
In addition to the
nineteen elected or appointed
voting
members, the chairperson of the committee of the senate that
primarily deals with education and the chairperson of the
committee of the house of representatives that primarily deals
with education shall be nonvoting ex officio members of the board.
(B)(1) The territory of each state board of education
district for each elected voting member of the board shall consist
of the territory of three contiguous senate districts as
established in the most recent apportionment for members of the
general assembly, but the territory of no senate district shall be
part of the territory of more than one state board of education
district. Each state board of education district shall be as
compact as practicable. The districts shall include, when
practicable, some districts that primarily consist of territory in
rural areas and some districts that primarily consist of territory
in urban areas.
(2) If, after the apportionment for members of the general
assembly is made in any year, the general assembly does not during
that year enact legislation establishing state board of education
districts in accordance with division (B)(1) of this section, the
governor shall designate the boundaries of the districts in
accordance with division (B)(1) of this section no later than the
thirty-first day of January of the year next succeeding such
apportionment. Upon making such designation, the governor shall
give written notice of the boundaries of the districts to each
member of the state board of education, including the nonvoting ex
officio members; the superintendent of public instruction; the
president of the senate; the speaker of the house of
representatives; and the board of elections of each county in each
new district. On the first day of February in any year in which
the governor designates the boundaries of state board of education
districts under this section, the state board of education
districts as they existed prior to that date shall cease to exist
and the new districts shall be created.
Sec. 3301.02. (A) The elected members of the state board of
education as of the date of a change in district boundaries under
section 3521.01 of the Revised Code shall continue in office until
their successors are elected and qualified for office, at which
time the board whose successors have been so qualified shall be
dissolved. At the first general election for members of the
congress which occurs after or as a result of a change in
congressional districts, in conformity with the general election
laws of this state, one board member shall be elected from each
congressional district for a term of office beginning the first
day of January immediately following that election. At the time
that the general assembly determines the boundaries of the
electoral districts for members of the congress under section
3521.01 of the Revised Code, the general assembly shall prescribe
a whole number numerical designation for each state board district
simultaneously created under section 3301.01 of the Revised Code
beginning with "1" and continuing sequentially until all the
districts are designated. Elected members of the state board who
reside in state board districts designated with an odd number
shall serve for a term of four years. Elected members of the state
board who reside in state board districts designated with an even
number shall serve for a term of two years.
(B) After the board has been constituted and the members'
terms of office have been determined under division (A) of this
section, in each subsequent year in which a congressional election
is held, at the general election that year, in conformity with the
general election laws of this state, the members of the board
shall be elected as required by expiration of respective terms,
each for a term of four years or until the member's successor is
elected and qualified. One member shall be elected for each
district respectively in which the term of office of a board
member expires on the first day of January following the election
except when the boundaries of congressional districts are changed
under section 3521.01 of the Revised Code, at which time terms of
office shall be determined under division (A) of this section. The
term of office of each member shall begin on the first day of
January immediately following this election.
Sec. 3301.021. When there is an even number of state board of
education electoral districts as determined under section 3301.01
of the Revised Code, not less than thirty days after each election
for members of the state board, the governor shall appoint an
additional member qualified under section 3301.03 of the Revised
Code with the advice and consent of the senate. The member
appointed under this section shall be the president of the board
and shall vote on board matters only in the case of a tie among
the other members of the board. The term of office of the member
appointed under this section shall be two years. Any vacancy in
the office of the member appointed under this section shall be
filled in the same manner as the original appointment. Any member
appointed under this section to fill a vacancy occurring prior to
the expiration date of the term for which the member's predecessor
was appointed shall hold office for the remainder of that member's
predecessor's term.
Sec. 3301.03. Each elected
voting member of the state board
of education shall be a qualified elector residing in the
territory composing the district from which the member is elected,
and shall be nominated and elected to office as provided by Title
XXXV of the Revised Code.
Each appointed voting member of the
board
A member appointed under section 3301.021 of the Revised
Code shall be a qualified elector residing in the state.
At least
four of the appointed voting members shall represent rural school
districts in the state, as evidenced by the member's current place
of residence and at least one of the following:
(A) The member's children attend, or at one time attended,
school in a rural district;
(B) The member's past or present occupation is associated
with rural areas of the state;
(C) The member possesses other credentials or experience
demonstrating knowledge and familiarity with rural school
districts.
No
elected or appointed voting member of the board shall,
during the member's term of office, hold any other public position
of trust or profit or be an employee or officer of any public or
private elementary or secondary school. Before entering on the
duties of office, each elected and appointed voting member shall
subscribe to the official oath of office.
Each voting member of the state board of education shall be
paid a salary fixed pursuant to division (J) of section 124.15 of
the Revised Code, together with the member's actual and necessary
expenses incurred while engaged in the performance of the member's
official duties or in the conduct of authorized board business,
and while en route to and from the member's home for such
purposes.
Sec. 3301.04. Between the first and thirty-first day of
January of each odd-numbered year, the state board of education
shall hold an organization meeting at which time it shall adopt
rules of procedure, elect a president and a vice-president each of
whom who shall serve for two years or until the president's or
vice-president's successor is elected and qualified, and transact
such business as the board deems advisable.
If there is an odd
number of state board electoral districts, as determined under
section 3301.01 of the Revised Code, the board shall also elect a
president who shall serve for two years or until the president's
successor is elected and qualified. Such president shall be the
chief presiding officer of the board and may vote on all board
matters.
When a president is appointed under section 3301.021 of the
Revised Code, the president shall serve as the chief presiding
officer of the board but shall vote on board matters only in the
case of a tie vote among the other members. The vice-president may
substitute for the president appointed under section 3301.021 of
the Revised Code as presiding officer but only the president
appointed under section 3301.021 of the Revised Code may vote to
break a tie vote.
The state board of education shall adopt, by the thirty-first
day of March each year, a calendar indicating the dates on which
the board will hold its regular meetings for the following fiscal
year. The board may hold special meetings on dates not indicated
on the adopted calendar at such times as they may be called as
provided in this section. Special meetings of the board may be
called by the president, and, upon written request signed by at
least a majority of the members, the president shall call a
special meeting of the board. The president, or the president's
designee, shall give notice through the superintendent of public
instruction to each member of the board at least ten days prior to
the time of any special meeting. The notice may be delivered by
regular mail or by electronic means. The state board of education
shall hold its meetings anywhere in Ohio designated by the board.
Sec. 3301.05. A majority of the voting members of the state
board of education shall constitute a quorum for the transaction
of business. Official actions of the state board, including the
making and adoption of motions and resolutions, shall be
transacted only at public meetings open to the public. The
superintendent of public instruction, or a
designated subordinate
designated by him, shall record all official actions taken at each
meeting of the board in a book provided for that purpose, which
shall be a public record. The record of the proceedings of each
meeting of the board shall be read at its next succeeding meeting
and corrected and approved, which approval shall be noted in the
proceedings. The president
or vice-president, if substituting as
presiding officer, shall sign the record and the superintendent of
public instruction or
his
a designated subordinate attest it.
Sec. 3301.06. A vacancy in the state board of education may
be caused by death, nonresidence, resignation, removal from
office, failure of a person elected to qualify within ten days
after the organization of the board or of the person's election,
removal from the district of election or from residence in the
state, or absence from any two consecutive regular meetings of the
board if such absence is caused by reasons declared insufficient
by a
two-thirds vote of
twelve
all elected members of the board.
When a vacancy occurs in the office of an elected member, the
governor shall, within a period of thirty days and with the advice
and consent of the senate, appoint a qualified person residing in
the district in which the vacancy occurred to fill the vacancy
until the next general election at which members of the state
board of education are elected, at which time a qualified elector
residing in the district in which the vacancy occurred shall be
elected for the unexpired term. Such member shall assume office at
the next succeeding meeting of the board.
When a vacancy occurs in
the office of an appointed member, the governor shall, within a
period of thirty days and with the advice and consent of the
senate, appoint a qualified person to serve the remainder of the
term.
Sec. 3513.259. Nominations of candidates for the office of
member of the state board of education shall be made only by
nominating petition. The nominating petition of a candidate for
the office of member of the state board of education shall be
signed by not less than one hundred qualified electors.
No such nominating petition shall be accepted for filing if
it appears on its face to contain signatures aggregating in number
more than three times the minimum number of signatures required by
this section. A board of elections shall not accept for filing a
nominating petition of a person if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, to be a candidate for any
other state office or any federal or county office. When a
petition of a candidate has been accepted for filing by a board of
elections, the petition shall not be deemed invalid if, upon
verification of signatures contained in the petition, the board of
elections finds the number of signatures accepted exceeds three
times the minimum number of signatures required. A board of
elections may discontinue verifying signatures when the number of
verified signatures equals the minimum required number of
signatures. Such petition shall be filed with the board of
elections of the most populous county in such district not later
than four p.m. of the ninetieth day before the day of the general
election at which state board of education members are elected.
Each nominating petition shall be signed by qualified
electors residing in the district in which the candidate
designated therein would be a candidate for election to the office
of member of the state board of education. Each candidate shall be
a qualified elector residing in the district in which the
candidate seeks election to such office.
As the word "district" is used in this section, it refers to
a district created under section 3301.01 of the Revised Code, the
boundaries of which districts shall coincide with the boundaries
of congressional districts as established under section 3521.01 of
the Revised Code.
Section 2. That existing sections 3301.01, 3301.03, 3301.04,
3301.05, 3301.06, and 3513.259 and section
3301.02 of the Revised
Code are hereby repealed.
Section 3. (A) Sections 1 and 2 of this act take effect on
the earliest date prescribed by law; however, the State Board of
Education as constituted under sections 3301.01, 3301.02, 3301.03,
3301.04, 3301.05, 3301.06, and 3513.259 of the Revised Code, as
those sections existed prior to the effective date of this
section, shall continue in office until such time as members of
the State Board are elected from districts prescribed in section
3301.01 of the Revised Code as amended by this act at the general
election to be held on November 4, 2014, and are qualified for
office. At that time, the board whose successors have been so
qualified shall be dissolved. Except as provided in division (B)
of this section, the State Board shall thereafter be constituted
as prescribed in sections 3301.01, 3301.02, 3301.021, 3301.03,
3301.04, 3301.05, 3301.06, and 3513.259 of the Revised Code as
amended and enacted by this act.
(B)(1) Notwithstanding section 3301.02 of the Revised Code as
enacted by this act, elected members of the State Board who are
elected at the November 4, 2014, general election and who reside
in State Board districts that correspond with congressional
districts designated under section 3521.01 of the Revised Code
with an odd number shall serve for a term of four years. Elected
members of the State Board who are elected at the November 4,
2014, general election and who reside in State Board districts
that correspond with congressional districts designated under that
section with an even number shall serve for a term of two years.
(2) After the State Board has been constituted and the
members' terms of office have been determined under division
(B)(1) of this section, in each subsequent year in which a
congressional election is held, at the general election that year,
in conformity with the general election laws of this state, the
members of the State Board shall be elected as required by
expiration of respective terms, each for a term of four years or
until the member's successor is elected and qualified. One member
shall be elected for each district respectively in which the term
of office of a board member expires on the first day of January
following the election. Division (B)(2) of this section applies
until the boundaries of congressional districts are changed under
section 3521.01 of the Revised Code. At that time, terms of office
for the State Board shall be determined under division (A) of
section 3301.02 of the Revised Code, as enacted by this act.
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