Bill Text: OH SB335 | 2011-2012 | 129th General Assembly | Engrossed

Ohio Senate Bill 335 (Prior Session Legislation)

Bill Title: 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 partnering community schools.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Engrossed - Dead) 2012-06-12 - Passed 3rd Consideration House [SB335 Detail]

Download: Ohio-2011-SB335-Engrossed.html

As Passed by the Senate

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 335

Senators Turner, Lehner

Cosponsors: Senators Jones, LaRose, Eklund, Obhof, Wagoner, Bacon, Hite, Niehaus

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, 3313.975, 3314.10, 3316.07,

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

3311.741, 3311.742, 3311.751, and 3311.77 to

3311.87 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 partnering 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,	21
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, 3311.76,	22
3313.975, 3314.10, 3316.07, 3319.02, 3319.071, 3319.10, 3319.112,	23
3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, 3319.18,	24
3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215,	25
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 be amended and	26
sections 3311.741, 3311.742, 3311.751, 3311.77, 3311.78, 3311.79,	27
3311.80, 3311.81, 3311.82, 3311.83, 3311.84, 3311.85, 3311.86, and	28
3311.87 of the Revised Code be enacted to read as follows:	29

Sec. 124.36. It shall be sufficient cause for the removal of	30
any public employees including teachers in the public schools or	31
any state supported educational institution when such public	32
employee or teacher advocates or willfully retains membership in	33
an organization which advocates overthrow of the government of the	34
United States or of the state, by force, violence or other	35
unlawful means.	36

The procedure for the termination of a contract of a teacher	37
under the provisions of this section shall be in the manner set	38
forth in section 3311.82 or 3319.16 of the Revised Code. The	39
procedure for the removal of all other public employees under the	40
provisions of this section shall be the same as is provided in	41
section 124.34 of the Revised Code, except that the decision of	42
the state personnel board of review or the municipal civil service	43
commission shall be subject to appeal to the court of common pleas	44
of the county in which such public employees are employed to	45
determine the sufficiency of the cause of removal. Such appeal	46
shall be taken within ten days from the finding of the board or	47
commission.	48

Sec. 2903.13. (A) No person shall knowingly cause or attempt	49
to cause physical harm to another or to another's unborn.	50

(B) No person shall recklessly cause serious physical harm to	51
another or to another's unborn.	52

(C) Whoever violates this section is guilty of assault, and	53
the court shall sentence the offender as provided in this division	54
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	55
Except as otherwise provided in division (C)(1), (2), (3), (4), or	56
(5) of this section, assault is a misdemeanor of the first degree.	57

(1) Except as otherwise provided in this division, if the	58
offense is committed by a caretaker against a functionally	59
impaired person under the caretaker's care, assault is a felony of	60
the fourth degree. If the offense is committed by a caretaker	61
against a functionally impaired person under the caretaker's care,	62
if the offender previously has been convicted of or pleaded guilty	63
to a violation of this section or section 2903.11 or 2903.16 of	64
the Revised Code, and if in relation to the previous conviction	65
the offender was a caretaker and the victim was a functionally	66
impaired person under the offender's care, assault is a felony of	67
the third degree.	68

(2) If the offense is committed in any of the following	69
circumstances, assault is a felony of the fifth degree:	70

(a) The offense occurs in or on the grounds of a state	71
correctional institution or an institution of the department of	72
youth services, the victim of the offense is an employee of the	73
department of rehabilitation and correction, the department of	74
youth services, or a probation department or is on the premises of	75
the particular institution for business purposes or as a visitor,	76
and the offense is committed by a person incarcerated in the state	77
correctional institution, by a person institutionalized in the	78
department of youth services institution pursuant to a commitment	79
to the department of youth services, by a parolee, by an offender	80
under transitional control, under a community control sanction, or	81
on an escorted visit, by a person under post-release control, or	82
by an offender under any other type of supervision by a government	83
agency.	84

(b) The offense occurs in or on the grounds of a local	85
correctional facility, the victim of the offense is an employee of	86
the local correctional facility or a probation department or is on	87
the premises of the facility for business purposes or as a	88
visitor, and the offense is committed by a person who is under	89
custody in the facility subsequent to the person's arrest for any	90
crime or delinquent act, subsequent to the person's being charged	91
with or convicted of any crime, or subsequent to the person's	92
being alleged to be or adjudicated a delinquent child.	93

(c) The offense occurs off the grounds of a state	94
correctional institution and off the grounds of an institution of	95
the department of youth services, the victim of the offense is an	96
employee of the department of rehabilitation and correction, the	97
department of youth services, or a probation department, the	98
offense occurs during the employee's official work hours and while	99
the employee is engaged in official work responsibilities, and the	100
offense is committed by a person incarcerated in a state	101
correctional institution or institutionalized in the department of	102
youth services who temporarily is outside of the institution for	103
any purpose, by a parolee, by an offender under transitional	104
control, under a community control sanction, or on an escorted	105
visit, by a person under post-release control, or by an offender	106
under any other type of supervision by a government agency.	107

(d) The offense occurs off the grounds of a local	108
correctional facility, the victim of the offense is an employee of	109
the local correctional facility or a probation department, the	110
offense occurs during the employee's official work hours and while	111
the employee is engaged in official work responsibilities, and the	112
offense is committed by a person who is under custody in the	113
facility subsequent to the person's arrest for any crime or	114
delinquent act, subsequent to the person being charged with or	115
convicted of any crime, or subsequent to the person being alleged	116
to be or adjudicated a delinquent child and who temporarily is	117
outside of the facility for any purpose or by a parolee, by an	118
offender under transitional control, under a community control	119
sanction, or on an escorted visit, by a person under post-release	120
control, or by an offender under any other type of supervision by	121
a government agency.	122

(e) The victim of the offense is a school teacher or	123
administrator or a school bus operator, and the offense occurs in	124
a school, on school premises, in a school building, on a school	125
bus, or while the victim is outside of school premises or a school	126
bus and is engaged in duties or official responsibilities	127
associated with the victim's employment or position as a school	128
teacher or administrator or a school bus operator, including, but	129
not limited to, driving, accompanying, or chaperoning students at	130
or on class or field trips, athletic events, or other school	131
extracurricular activities or functions outside of school	132
premises.	133

(3) If the victim of the offense is a peace officer or an	134
investigator of the bureau of criminal identification and	135
investigation, a firefighter, or a person performing emergency	136
medical service, while in the performance of their official	137
duties, assault is a felony of the fourth degree.	138

(4) If the victim of the offense is a peace officer or an	139
investigator of the bureau of criminal identification and	140
investigation and if the victim suffered serious physical harm as	141
a result of the commission of the offense, assault is a felony of	142
the fourth degree, and the court, pursuant to division (F) of	143
section 2929.13 of the Revised Code, shall impose as a mandatory	144
prison term one of the prison terms prescribed for a felony of the	145
fourth degree that is at least twelve months in duration.	146

(5) If the victim of the offense is an officer or employee of	147
a public children services agency or a private child placing	148
agency and the offense relates to the officer's or employee's	149
performance or anticipated performance of official	150
responsibilities or duties, assault is either a felony of the	151
fifth degree or, if the offender previously has been convicted of	152
or pleaded guilty to an offense of violence, the victim of that	153
prior offense was an officer or employee of a public children	154
services agency or private child placing agency, and that prior	155
offense related to the officer's or employee's performance or	156
anticipated performance of official responsibilities or duties, a	157
felony of the fourth degree.	158

(6) If an offender who is convicted of or pleads guilty to	159
assault when it is a misdemeanor also is convicted of or pleads	160
guilty to a specification as described in section 2941.1423 of the	161
Revised Code that was included in the indictment, count in the	162
indictment, or information charging the offense, the court shall	163
sentence the offender to a mandatory jail term as provided in	164
division (G) of section 2929.24 of the Revised Code.	165

If an offender who is convicted of or pleads guilty to	166
assault when it is a felony also is convicted of or pleads guilty	167
to a specification as described in section 2941.1423 of the	168
Revised Code that was included in the indictment, count in the	169
indictment, or information charging the offense, except as	170
otherwise provided in division (C)(4) of this section, the court	171
shall sentence the offender to a mandatory prison term as provided	172
in division (B)(8) of section 2929.14 of the Revised Code.	173

(D) As used in this section:

174

(1) "Peace officer" has the same meaning as in section	175
2935.01 of the Revised Code.	176

(2) "Firefighter" has the same meaning as in section 3937.41	177
of the Revised Code.	178

(3) "Emergency medical service" has the same meaning as in	179
section 4765.01 of the Revised Code.	180

(4) "Local correctional facility" means a county,	181
multicounty, municipal, municipal-county, or multicounty-municipal	182
jail or workhouse, a minimum security jail established under	183
section 341.23 or 753.21 of the Revised Code, or another county,	184
multicounty, municipal, municipal-county, or multicounty-municipal	185
facility used for the custody of persons arrested for any crime or	186
delinquent act, persons charged with or convicted of any crime, or	187
persons alleged to be or adjudicated a delinquent child.	188

(5) "Employee of a local correctional facility" means a	189
person who is an employee of the political subdivision or of one	190
or more of the affiliated political subdivisions that operates the	191
local correctional facility and who operates or assists in the	192
operation of the facility.	193

(6) "School teacher or administrator" means either of the	194
following:	195

(a) A person who is employed in the public schools of the	196
state under a contract described in section 3311.77 or 3319.08 of	197
the Revised Code in a position in which the person is required to	198
have a certificate issued pursuant to sections 3319.22 to 3319.311	199
of the Revised Code.	200

(b) A person who is employed by a nonpublic school for which	201
the state board of education prescribes minimum standards under	202
section 3301.07 of the Revised Code and who is certificated in	203
accordance with section 3301.071 of the Revised Code.	204

(7) "Community control sanction" has the same meaning as in	205
section 2929.01 of the Revised Code.	206

(8) "Escorted visit" means an escorted visit granted under	207
section 2967.27 of the Revised Code.	208

(9) "Post-release control" and "transitional control" have	209
the same meanings as in section 2967.01 of the Revised Code.	210

(10) "Investigator of the bureau of criminal identification	211
and investigation" has the same meaning as in section 2903.11 of	212
the Revised Code.	213

Sec. 2921.02. (A) No person, with purpose to corrupt a	214
public servant or party official, or improperly to influence ~~him~~a	215
public servant or party official with respect to the discharge of	216
~~his~~the public servant's or party official's duty, whether before	217
or after hethe public servant or party official is elected,	218
appointed, qualified, employed, summoned, or sworn, shall promise,	219
offer, or give any valuable thing or valuable benefit.	220

(B) No person, either before or after hethe person is	221
elected, appointed, qualified, employed, summoned, or sworn as a	222
public servant or party official, shall knowingly solicit or	223
accept for ~~himself~~self or another person any valuable thing or	224
valuable benefit to corrupt or improperly influence ~~him~~the person	225
or another public servant or party official with respect to the	226
discharge of ~~his~~the person's or the other public servant's or	227
party official's duty.	228

(C) No person, with purpose to corrupt a witness or	229
improperly to influence ~~him~~a witness with respect to ~~his~~the	230
witness's testimony in an official proceeding, either before or	231
after hethe witness is subpoenaed or sworn, shall promise, offer,	232
or give ~~him~~the witness or another person any valuable thing or	233
valuable benefit.	234

(D) No person, either before or after hethe person is	235
subpoenaed or sworn as a witness, shall knowingly solicit or	236
accept for ~~himself~~self or another person any valuable thing or	237
valuable benefit to corrupt or improperly influence ~~him~~self or	238
another person with respect to ~~his~~ testimony given in an official	239
proceeding.	240

(E) No person, with purpose to corrupt a director, officer,	241
or employee of a municipal school district transformation alliance	242
established under section 3311.86 of the Revised Code, or	243
improperly to influence a director, officer, or employee of a	244
municipal school district transformation alliance with respect to	245
the discharge of the director's, officer's, or employee's duties,	246
whether before or after the director, officer, or employee is	247
appointed or employed, shall promise, offer, or give the director,	248
officer, or employee any valuable thing or valuable benefit.	249

(F) No person, either before or after the person is appointed	250
or employed as a director, officer, or employee of a municipal	251
school district transformation alliance established under section	252
3311.86 of the Revised Code, shall knowingly solicit or accept for	253
self or another person any valuable thing or valuable benefit to	254
corrupt or improperly influence the person or another director,	255
officer, or employee of a municipal school district transformation	256
alliance with respect to the discharge of the person's or other	257
director's, officer's, or employee's duties.	258

(G) Whoever violates this section is guilty of bribery, a	259
felony of the third degree.	260

~~(F)~~(H) A public servant or party official, or director,	261
officer, or employee of a municipal school district transformation	262
alliance established under section 3311.86 of the Revised Code,	263
who is convicted of bribery is forever disqualified from holding	264
any public office, employment, or position of trust in this state.	265

Sec. 3302.03. (A) Annually the department of education shall	266
report for each school district and each school building in a	267
district all of the following:	268

(1) The extent to which the school district or building meets	269
each of the applicable performance indicators created by the state	270
board of education under section 3302.02 of the Revised Code and	271
the number of applicable performance indicators that have been	272
achieved;	273

(2) The performance index score of the school district or	274
building;	275

(3) Whether the school district or building has made adequate	276
yearly progress;	277

(4) Whether the school district or building is excellent,	278
effective, needs continuous improvement, is under an academic	279
watch, or is in a state of academic emergency.	280

(B) Except as otherwise provided in division (B)(6) of this	281
section:	282

(1) A school district or building shall be declared excellent	283
if it meets at least ninety-four per cent of the applicable state	284
performance indicators or has a performance index score	285
established by the department, except that if it does not make	286
adequate yearly progress for two or more of the same subgroups for	287
three or more consecutive years, it shall be declared effective.	288

(2) A school district or building shall be declared effective	289
if it meets at least seventy-five per cent but less than	290
ninety-four per cent of the applicable state performance	291
indicators or has a performance index score established by the	292
department, except that if it does not make adequate yearly	293
progress for two or more of the same subgroups for three or more	294
consecutive years, it shall be declared in need of continuous	295
improvement.	296

(3) A school district or building shall be declared to be in	297
need of continuous improvement if it fulfills one of the following	298
requirements:	299

(a) It makes adequate yearly progress, meets less than	300
seventy-five per cent of the applicable state performance	301
indicators, and has a performance index score established by the	302
department.	303

(b) It does not make adequate yearly progress and either	304
meets at least fifty per cent but less than seventy-five per cent	305
of the applicable state performance indicators or has a	306
performance index score established by the department.	307

(4) A school district or building shall be declared to be	308
under an academic watch if it does not make adequate yearly	309
progress and either meets at least thirty-one per cent but less	310
than fifty per cent of the applicable state performance indicators	311
or has a performance index score established by the department.	312

(5) A school district or building shall be declared to be in	313
a state of academic emergency if it does not make adequate yearly	314
progress, does not meet at least thirty-one per cent of the	315
applicable state performance indicators, and has a performance	316
index score established by the department.	317

(6) Division (B)(6) of this section does not apply to any	318
community school established under Chapter 3314. of the Revised	319
Code in which a majority of the students are enrolled in a dropout	320
prevention and recovery program.	321

A school district or building shall not be assigned a higher	322
performance rating than in need of continuous improvement if at	323
least ten per cent but not more than fifteen per cent of the	324
enrolled students do not take all achievement assessments	325
prescribed for their grade level under division (A)(1) or (B)(1)	326
of section 3301.0710 of the Revised Code from which they are not	327
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	328
the Revised Code. A school district or building shall not be	329
assigned a higher performance rating than under an academic watch	330
if more than fifteen per cent but not more than twenty per cent of	331
the enrolled students do not take all achievement assessments	332
prescribed for their grade level under division (A)(1) or (B)(1)	333
of section 3301.0710 of the Revised Code from which they are not	334
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	335
the Revised Code. A school district or building shall not be	336
assigned a higher performance rating than in a state of academic	337
emergency if more than twenty per cent of the enrolled students do	338
not take all achievement assessments prescribed for their grade	339
level under division (A)(1) or (B)(1) of section 3301.0710 of the	340
Revised Code from which they are not excused pursuant to division	341
(C)(1) or (3) of section 3301.0711 of the Revised Code.	342

(C)(1) The department shall issue annual report cards for	343
each school district, each building within each district, and for	344
the state as a whole reflecting performance on the indicators	345
created by the state board under section 3302.02 of the Revised	346
Code, the performance index score, and adequate yearly progress.	347

(2) The department shall include on the report card for each	348
district information pertaining to any change from the previous	349
year made by the school district or school buildings within the	350
district on any performance indicator.	351

(3) When reporting data on student performance, the	352
department shall disaggregate that data according to the following	353
categories:	354

(a) Performance of students by age group;

355

(b) Performance of students by race and ethnic group;

356

357

(d) Performance of students grouped by those who have been	358
enrolled in a district or school for three or more years;	359

(e) Performance of students grouped by those who have been	360
enrolled in a district or school for more than one year and less	361
than three years;	362

(f) Performance of students grouped by those who have been	363
enrolled in a district or school for one year or less;	364

(g) Performance of students grouped by those who are	365
economically disadvantaged;	366

(h) Performance of students grouped by those who are enrolled	367
in a conversion community school established under Chapter 3314.	368
of the Revised Code;	369

(i) Performance of students grouped by those who are	370
classified as limited English proficient;	371

(j) Performance of students grouped by those who have	372
disabilities;	373

(k) Performance of students grouped by those who are	374
classified as migrants;	375

(l) Performance of students grouped by those who are	376
identified as gifted pursuant to Chapter 3324. of the Revised	377
Code.	378

The department may disaggregate data on student performance	379
according to other categories that the department determines are	380
appropriate. To the extent possible, the department shall	381
disaggregate data on student performance according to any	382
combinations of two or more of the categories listed in divisions	383
(C)(3)(a) to (l) of this section that it deems relevant.	384

In reporting data pursuant to division (C)(3) of this	385
section, the department shall not include in the report cards any	386
data statistical in nature that is statistically unreliable or	387
that could result in the identification of individual students.	388
For this purpose, the department shall not report student	389
performance data for any group identified in division (C)(3) of	390
this section that contains less than ten students.	391

(4) The department may include with the report cards any	392
additional education and fiscal performance data it deems	393
valuable.	394

(5) The department shall include on each report card a list	395
of additional information collected by the department that is	396
available regarding the district or building for which the report	397
card is issued. When available, such additional information shall	398
include student mobility data disaggregated by race and	399
socioeconomic status, college enrollment data, and the reports	400
prepared under section 3302.031 of the Revised Code.	401

The department shall maintain a site on the world wide web.	402
The report card shall include the address of the site and shall	403
specify that such additional information is available to the	404
public at that site. The department shall also provide a copy of	405
each item on the list to the superintendent of each school	406
district. The district superintendent shall provide a copy of any	407
item on the list to anyone who requests it.	408

(6)~~(a) This division~~Division (C)(6) of this section does not	409
apply to conversion community schools that primarily enroll	410
students between sixteen and twenty-two years of age who dropped	411
out of high school or are at risk of dropping out of high school	412
due to poor attendance, disciplinary problems, or suspensions.	413

(a) For any district that sponsors a conversion community	414
school under Chapter 3314. of the Revised Code, the department	415
shall combine data regarding the academic performance of students	416
enrolled in the community school with comparable data from the	417
schools of the district for the purpose of calculating the	418
performance of the district as a whole on the report card issued	419
for the district.	420

(b) Any district that leases a building to a community school	421
located in the district or that enters into an agreement with a	422
community school located in the district whereby the district and	423
the school endorse each other's programs may elect to have data	424
regarding the academic performance of students enrolled in the	425
community school combined with comparable data from the schools of	426
the district for the purpose of calculating the performance of the	427
district as a whole on the district report card. Any district that	428
so elects shall annually file a copy of the lease or agreement	429
with the department.	430

(c) Any municipal school district, as defined in section	431
3311.71 of the Revised Code, that sponsors a community school	432
located within the district's territory, or that enters into an	433
agreement with a community school located within the district's	434
territory whereby the district and the community school endorse	435
each other's programs, may exercise either or both of the	436
following elections:	437

(i) To have data regarding the academic performance of	438
students enrolled in that community school combined with	439
comparable data from the schools of the district for the purpose	440
of calculating the performance of the district as a whole on the	441
district's report card;	442

(ii) To have the number of students attending that community	443
school noted separately on the district's report card.	444

The election authorized under division (C)(6)(c)(i) of this	445
section is subject to approval by the governing authority of the	446
community school.	447

Any municipal school district that exercises an election to	448
combine or include data under division (C)(6)(c) of this section,	449
by the first day of October of each year, shall file with the	450
department documentation indicating eligibility for that election,	451
as required by the department.	452

(7) The department shall include on each report card the	454
percentage of teachers in the district or building who are highly	455
qualified, as defined by the "No Child Left Behind Act of 2001,"	456
and a comparison of that percentage with the percentages of such	457
teachers in similar districts and buildings.	458

(8) The department shall include on the report card the	459
number of lead teachers employed by each district and each	460
building once the data is available from the education management	461
information system established under section 3301.0714 of the	462
Revised Code.	463

(D)(1) In calculating English language arts, mathematics,	464
social studies, or science assessment passage rates used to	465
determine school district or building performance under this	466
section, the department shall include all students taking an	467
assessment with accommodation or to whom an alternate assessment	468
is administered pursuant to division (C)(1) or (3) of section	469
3301.0711 of the Revised Code.	470

(2) In calculating performance index scores, rates of	471
achievement on the performance indicators established by the state	472
board under section 3302.02 of the Revised Code, and adequate	473
yearly progress for school districts and buildings under this	474
section, the department shall do all of the following:	475

(a) Include for each district or building only those students	476
who are included in the ADM certified for the first full school	477
week of October and are continuously enrolled in the district or	478
building through the time of the spring administration of any	479
assessment prescribed by division (A)(1) or (B)(1) of section	480
3301.0710 of the Revised Code that is administered to the	481
student's grade level;	482

(b) Include cumulative totals from both the fall and spring	483
administrations of the third grade English language arts	484
achievement assessment;	485

(c) Except as required by the "No Child Left Behind Act of	486
2001" for the calculation of adequate yearly progress, exclude for	487
each district or building any limited English proficient student	488
who has been enrolled in United States schools for less than one	489
full school year.	490

Sec. 3302.04. (A) The department of education shall	491
establish a system of intensive, ongoing support for the	492
improvement of school districts and school buildings. In	493
accordance with the model of differentiated accountability	494
described in section 3302.041 of the Revised Code, the system	495
shall give priority to districts and buildings that have been	496
declared to be under an academic watch or in a state of academic	497
emergency under section 3302.03 of the Revised Code and shall	498
include services provided to districts and buildings through	499
regional service providers, such as educational service centers.	500

(B) This division does not apply to any school district after	501
June 30, 2008.	502

When a school district has been notified by the department	503
pursuant to division (A) of section 3302.03 of the Revised Code	504
that the district or a building within the district has failed to	505
make adequate yearly progress for two consecutive school years,	506
the district shall develop a three-year continuous improvement	507
plan for the district or building containing each of the	508
following:	509

(1) An analysis of the reasons for the failure of the	510
district or building to meet any of the applicable performance	511
indicators established under section 3302.02 of the Revised Code	512
that it did not meet and an analysis of the reasons for its	513
failure to make adequate yearly progress;	514

(2) Specific strategies that the district or building will	515
use to address the problems in academic achievement identified in	516
division (B)(1) of this section;	517

(3) Identification of the resources that the district will	518
allocate toward improving the academic achievement of the district	519
or building;	520

(4) A description of any progress that the district or	521
building made in the preceding year toward improving its academic	522
achievement;	523

(5) An analysis of how the district is utilizing the	524
professional development standards adopted by the state board	525
pursuant to section 3319.61 of the Revised Code;	526

(6) Strategies that the district or building will use to	527
improve the cultural competency, as defined pursuant to section	528
3319.61 of the Revised Code, of teachers and other educators.	529

No three-year continuous improvement plan shall be developed	530
or adopted pursuant to this division unless at least one public	531
hearing is held within the affected school district or building	532
concerning the final draft of the plan. Notice of the hearing	533
shall be given two weeks prior to the hearing by publication in	534
one newspaper of general circulation within the territory of the	535
affected school district or building. Copies of the plan shall be	536
made available to the public.	537

(C) When a school district or building has been notified by	538
the department pursuant to division (A) of section 3302.03 of the	539
Revised Code that the district or building is under an academic	540
watch or in a state of academic emergency, the district or	541
building shall be subject to any rules establishing intervention	542
in academic watch or emergency school districts or buildings.	543

(D)(1) Within one hundred twenty days after any school	544
district or building is declared to be in a state of academic	545
emergency under section 3302.03 of the Revised Code, the	546
department may initiate a site evaluation of the building or	547
school district.	548

(2) Division (D)(2) of this section does not apply to any	549
school district after June 30, 2008.	550

If any school district that is declared to be in a state of	551
academic emergency or in a state of academic watch under section	552
3302.03 of the Revised Code or encompasses a building that is	553
declared to be in a state of academic emergency or in a state of	554
academic watch fails to demonstrate to the department satisfactory	555
improvement of the district or applicable buildings or fails to	556
submit to the department any information required under rules	557
established by the state board of education, prior to approving a	558
three-year continuous improvement plan under rules established by	559
the state board of education, the department shall conduct a site	560
evaluation of the school district or applicable buildings to	561
determine whether the school district is in compliance with	562
minimum standards established by law or rule.	563

(3) Site evaluations conducted under divisions (D)(1) and (2)	564
of this section shall include, but not be limited to, the	565
following:	566

(a) Determining whether teachers are assigned to subject	567
areas for which they are licensed or certified;	568

(b) Determining pupil-teacher ratios;

569

(c) Examination of compliance with minimum instruction time	570
requirements for each school day and for each school year;	571

(d) Determining whether materials and equipment necessary to	572
implement the curriculum approved by the school district board are	573
available;	574

(e) Examination of whether the teacher and principal	575
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,	576
and 3319.111 of the Revised Code;	577

(f) Examination of the adequacy of efforts to improve the	578
cultural competency, as defined pursuant to section 3319.61 of the	579
Revised Code, of teachers and other educators.	580

(E) This division applies only to school districts that	581
operate a school building that fails to make adequate yearly	582
progress for two or more consecutive school years. It does not	583
apply to any such district after June 30, 2008, except as provided	584
in division (D)(2) of section 3313.97 of the Revised Code.	585

(1) For any school building that fails to make adequate	586
yearly progress for two consecutive school years, the district	587
shall do all of the following:	588

(a) Provide written notification of the academic issues that	589
resulted in the building's failure to make adequate yearly	590
progress to the parent or guardian of each student enrolled in the	591
building. The notification shall also describe the actions being	592
taken by the district or building to improve the academic	593
performance of the building and any progress achieved toward that	594
goal in the immediately preceding school year.	595

(b) If the building receives funds under Title 1, Part A of	596
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	597
6311 to 6339, from the district, in accordance with section	598
3313.97 of the Revised Code, offer all students enrolled in the	599
building the opportunity to enroll in an alternative building	600
within the district that is not in school improvement status as	601
defined by the "No Child Left Behind Act of 2001." Notwithstanding	602
Chapter 3327. of the Revised Code, the district shall spend an	603
amount equal to twenty per cent of the funds it receives under	604
Title I, Part A of the "Elementary and Secondary Education Act of	605
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	606
students who enroll in alternative buildings under this division,	607
unless the district can satisfy all demand for transportation with	608
a lesser amount. If an amount equal to twenty per cent of the	609
funds the district receives under Title I, Part A of the	610
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	611
to 6339, is insufficient to satisfy all demand for transportation,	612
the district shall grant priority over all other students to the	613
lowest achieving students among the subgroup described in division	614
(B)(3) of section 3302.01 of the Revised Code in providing	615
transportation. Any district that does not receive funds under	616
Title I, Part A of the "Elementary and Secondary Education Act of	617
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	618
transportation to any student who enrolls in an alternative	619
building under this division.	620

(2) For any school building that fails to make adequate	621
yearly progress for three consecutive school years, the district	622
shall do both of the following:	623

(a) If the building receives funds under Title 1, Part A of	624
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	625
6311 to 6339, from the district, in accordance with section	626
3313.97 of the Revised Code, provide all students enrolled in the	627
building the opportunity to enroll in an alternative building	628
within the district that is not in school improvement status as	629
defined by the "No Child Left Behind Act of 2001." Notwithstanding	630
Chapter 3327. of the Revised Code, the district shall provide	631
transportation for students who enroll in alternative buildings	632
under this division to the extent required under division (E)(2)	633
of this section.	634

(b) If the building receives funds under Title 1, Part A of	635
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	636
6311 to 6339, from the district, offer supplemental educational	637
services to students who are enrolled in the building and who are	638
in the subgroup described in division (B)(3) of section 3302.01 of	639
the Revised Code.	640

The district shall spend a combined total of an amount equal	641
to twenty per cent of the funds it receives under Title I, Part A	642
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	643
6311 to 6339, to provide transportation for students who enroll in	644
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	645
this section and to pay the costs of the supplemental educational	646
services provided to students under division (E)(2)(b) of this	647
section, unless the district can satisfy all demand for	648
transportation and pay the costs of supplemental educational	649
services for those students who request them with a lesser amount.	650
In allocating funds between the requirements of divisions	651
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	652
shall spend at least an amount equal to five per cent of the funds	653
it receives under Title I, Part A of the "Elementary and Secondary	654
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	655
transportation for students who enroll in alternative buildings	656
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	657
district can satisfy all demand for transportation with a lesser	658
amount, and at least an amount equal to five per cent of the funds	659
it receives under Title I, Part A of the "Elementary and Secondary	660
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	661
of the supplemental educational services provided to students	662
under division (E)(2)(b) of this section, unless the district can	663
pay the costs of such services for all students requesting them	664
with a lesser amount. If an amount equal to twenty per cent of the	665
funds the district receives under Title I, Part A of the	666
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	667
to 6339, is insufficient to satisfy all demand for transportation	668
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	669
the costs of all of the supplemental educational services provided	670
to students under division (E)(2)(b) of this section, the district	671
shall grant priority over all other students in providing	672
transportation and in paying the costs of supplemental educational	673
services to the lowest achieving students among the subgroup	674
described in division (B)(3) of section 3302.01 of the Revised	675
Code.	676

Any district that does not receive funds under Title I, Part	677
A of the "Elementary and Secondary Education Act of 1965," 20	678
U.S.C. 6311 to 6339, shall not be required to provide	679
transportation to any student who enrolls in an alternative	680
building under division (E)(2)(a) of this section or to pay the	681
costs of supplemental educational services provided to any student	682
under division (E)(2)(b) of this section.	683

No student who enrolls in an alternative building under	684
division (E)(2)(a) of this section shall be eligible for	685
supplemental educational services under division (E)(2)(b) of this	686
section.	687

(3) For any school building that fails to make adequate	688
yearly progress for four consecutive school years, the district	689
shall continue to comply with division (E)(2) of this section and	690
shall implement at least one of the following options with respect	691
to the building:	692

(a) Institute a new curriculum that is consistent with the	693
statewide academic standards adopted pursuant to division (A) of	694
section 3301.079 of the Revised Code;	695

(b) Decrease the degree of authority the building has to	696
manage its internal operations;	697

(c) Appoint an outside expert to make recommendations for	698
improving the academic performance of the building. The district	699
may request the department to establish a state intervention team	700
for this purpose pursuant to division (G) of this section.	701

(d) Extend the length of the school day or year;

702

(e) Replace the building principal or other key personnel;

703

(f) Reorganize the administrative structure of the building.

704

(4) For any school building that fails to make adequate	705
yearly progress for five consecutive school years, the district	706
shall continue to comply with division (E)(2) of this section and	707
shall develop a plan during the next succeeding school year to	708
improve the academic performance of the building, which shall	709
include at least one of the following options:	710

(a) Reopen the school as a community school under Chapter	711
3314. of the Revised Code;	712

(b) Replace personnel;

713

(c) Contract with a nonprofit or for-profit entity to operate	714
the building;	715

(d) Turn operation of the building over to the department;

716

(e) Other significant restructuring of the building's	717
governance.	718

(5) For any school building that fails to make adequate	719
yearly progress for six consecutive school years, the district	720
shall continue to comply with division (E)(2) of this section and	721
shall implement the plan developed pursuant to division (E)(4) of	722
this section.	723

(6) A district shall continue to comply with division	724
(E)(1)(b) or (E)(2) of this section, whichever was most recently	725
applicable, with respect to any building formerly subject to one	726
of those divisions until the building makes adequate yearly	727
progress for two consecutive school years.	728

(F) This division applies only to school districts that have	729
been identified for improvement by the department pursuant to the	730
"No Child Left Behind Act of 2001." It does not apply to any such	731
district after June 30, 2008.	732

(1) If a school district has been identified for improvement	733
for one school year, the district shall provide a written	734
description of the continuous improvement plan developed by the	735
district pursuant to division (B) of this section to the parent or	736
guardian of each student enrolled in the district. If the district	737
does not have a continuous improvement plan, the district shall	738
develop such a plan in accordance with division (B) of this	739
section and provide a written description of the plan to the	740
parent or guardian of each student enrolled in the district.	741

(2) If a school district has been identified for improvement	742
for two consecutive school years, the district shall continue to	743
implement the continuous improvement plan developed by the	744
district pursuant to division (B) or (F)(1) of this section.	745

(3) If a school district has been identified for improvement	746
for three consecutive school years, the department shall take at	747
least one of the following corrective actions with respect to the	748
district:	749

(a) Withhold a portion of the funds the district is entitled	750
to receive under Title I, Part A of the "Elementary and Secondary	751
Education Act of 1965," 20 U.S.C. 6311 to 6339;	752

(b) Direct the district to replace key district personnel;

753

(c) Institute a new curriculum that is consistent with the	754
statewide academic standards adopted pursuant to division (A) of	755
section 3301.079 of the Revised Code;	756

(d) Establish alternative forms of governance for individual	757
school buildings within the district;	758

(e) Appoint a trustee to manage the district in place of the	759
district superintendent and board of education.	760

The department shall conduct individual audits of a sampling	761
of districts subject to this division to determine compliance with	762
the corrective actions taken by the department.	763

(4) If a school district has been identified for improvement	764
for four consecutive school years, the department shall continue	765
to monitor implementation of the corrective action taken under	766
division (F)(3) of this section with respect to the district.	767

(5) If a school district has been identified for improvement	768
for five consecutive school years, the department shall take at	769
least one of the corrective actions identified in division (F)(3)	770
of this section with respect to the district, provided that the	771
corrective action the department takes is different from the	772
corrective action previously taken under division (F)(3) of this	773
section with respect to the district.	774

(G) The department may establish a state intervention team to	775
evaluate all aspects of a school district or building, including	776
management, curriculum, instructional methods, resource	777
allocation, and scheduling. Any such intervention team shall be	778
appointed by the department and shall include teachers and	779
administrators recognized as outstanding in their fields. The	780
intervention team shall make recommendations regarding methods for	781
improving the performance of the district or building.	782

The department shall not approve a district's request for an	783
intervention team under division (E)(3) of this section if the	784
department cannot adequately fund the work of the team, unless the	785
district agrees to pay for the expenses of the team.	786

(H) The department shall conduct individual audits of a	787
sampling of community schools established under Chapter 3314. of	788
the Revised Code to determine compliance with this section.	789

(I) The state board shall adopt rules for implementing this	790
section.	791

Sec. 3302.061. (A) A school district board of education shall	792
review each application received under section 3302.06 of the	793
Revised Code and, within sixty days after receipt of the	794
application, shall approve or disapprove the application. In	795
reviewing applications, the board shall give preference to	796
applications that propose innovations in one or more of the	797
following areas:	798

(1) Curriculum;

799

(2) Student assessments, other than the assessments	800
prescribed by sections 3301.0710 and 3301.0712 of the Revised	801
Code;	802

(3) Class scheduling;

803

(4) Accountability measures, including innovations that	804
expand the number and variety of measures used in order to collect	805
more complete data about student academic performance. For this	806
purpose, schools may consider use of measures such as	807
end-of-course examinations, portfolios of student work, nationally	808
or internationally normed assessments, the percentage of students	809
enrolling in post-secondary education, or the percentage of	810
students simultaneously obtaining a high school diploma and an	811
associate's degree or certification to work in an industry or	812
career field.	813

(5) Provision of student services, including services for	814
students who are disabled, identified as gifted under Chapter	815
3324. of the Revised Code, limited English proficient, at risk of	816
academic failure or dropping out, or at risk of suspension or	817
expulsion;	818

(6) Provision of health, counseling, or other social services	819
to students;	820

(7) Preparation of students for transition to higher	821
education or the workforce;	822

(8) Teacher recruitment, employment, and evaluation;

823

(9) Compensation for school personnel;

824

(10) Professional development;

825

(11) School governance and the roles and responsibilities of	826
principals;	827

(12) Use of financial or other resources.

828

(B)(1) If the board approves an application seeking	829
designation as an innovation school, it shall so designate the	830
school that submitted the application. If the board approves an	831
application seeking designation as an innovation school zone, it	832
shall so designate the participating schools that submitted the	833
application.	834

(2) If the board disapproves an application, it shall provide	835
a written explanation of the basis for its decision to the school	836
or schools that submitted the application. The school or schools	837
may reapply for designation as an innovation school or innovation	838
school zone at any time.	839

(C) The board may approve an application that allows an	840
innovation school or a school participating in an innovation	841
school zone to determine the compensation of board employees	842
working in the school, but the total compensation for all such	843
employees shall not exceed the financial resources allocated to	844
the school by the board. The school shall not be required to	845
comply with the salary schedule adopted by the board under section	846
3311.78, 3317.14, or 3317.141 of the Revised Code. The board may	847
approve an application that allows an innovation school or a	848
school participating in an innovation school zone to remove board	849
employees from the school, but no employee shall be terminated	850
except as provided in section 3311.82, 3319.081, or 3319.16 of the	851
Revised Code.	852

(D) The board may do either of the following at any time:

853

(1) Designate a school as an innovation school by creating an	854
innovation plan for that school and offering the school an	855
opportunity to participate in the plan's creation;	856

(2) Designate as an innovation school zone two or more	857
schools that share common interests based on factors such as	858
geographical proximity or similar educational programs or that	859
serve the same classes of students as they advance to higher grade	860
levels, by creating an innovation plan for those schools and	861
offering the schools an opportunity to participate in the plan's	862
creation.	863

Sec. 3307.01. As used in this chapter:

864

(A) "Employer" means the board of education, school district,	865
governing authority of any community school established under	866
Chapter 3314. of the Revised Code, a science, technology,	867
engineering, and mathematics school established under Chapter	868
3326. of the Revised Code, college, university, institution, or	869
other agency within the state by which a teacher is employed and	870
paid.	871

(B) "Teacher" means all of the following:

872

(1) Any person paid from public funds and employed in the	873
public schools of the state under any type of contract described	874
in section 3311.77 or 3319.08 of the Revised Code in a position	875
for which the person is required to have a license issued pursuant	876
to sections 3319.22 to 3319.31 of the Revised Code;	877

(2) Any person employed as a teacher by a community school or	878
a science, technology, engineering, and mathematics school	879
pursuant to Chapter 3314. or 3326. of the Revised Code;	880

(3) Any person having a license issued pursuant to sections	881
3319.22 to 3319.31 of the Revised Code and employed in a public	882
school in this state in an educational position, as determined by	883
the state board of education, under programs provided for by	884
federal acts or regulations and financed in whole or in part from	885
federal funds, but for which no licensure requirements for the	886
position can be made under the provisions of such federal acts or	887
regulations;	888

(4) Any other teacher or faculty member employed in any	889
school, college, university, institution, or other agency wholly	890
controlled and managed, and supported in whole or in part, by the	891
state or any political subdivision thereof, including Central	892
state university, Cleveland state university, and the university	893
of Toledo;	894

(5) The educational employees of the department of education,	895
as determined by the state superintendent of public instruction.	896

In all cases of doubt, the state teachers retirement board	897
shall determine whether any person is a teacher, and its decision	898
shall be final.	899

"Teacher" does not include any eligible employee of a public	900
institution of higher education, as defined in section 3305.01 of	901
the Revised Code, who elects to participate in an alternative	902
retirement plan established under Chapter 3305. of the Revised	903
Code.	904

(C) "Member" means any person included in the membership of	905
the state teachers retirement system, which shall consist of all	906
teachers and contributors as defined in divisions (B) and (D) of	907
this section and all disability benefit recipients, as defined in	908
section 3307.50 of the Revised Code. However, for purposes of this	909
chapter, the following persons shall not be considered members:	910

(1) A student, intern, or resident who is not a member while	911
employed part-time by a school, college, or university at which	912
the student, intern, or resident is regularly attending classes;	913

(2) A person denied membership pursuant to section 3307.24 of	914
the Revised Code;	915

(3) An other system retirant, as defined in section 3307.35	916
of the Revised Code, or a superannuate;	917

(4) An individual employed in a program established pursuant	918
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	919
U.S.C.A. 1501.	920

(D) "Contributor" means any person who has an account in the	921
teachers' savings fund or defined contribution fund.	922

(E) "Beneficiary" means any person eligible to receive, or in	923
receipt of, a retirement allowance or other benefit provided by	924
this chapter.	925

(F) "Year" means the year beginning the first day of July and	926
ending with the thirtieth day of June next following, except that	927
for the purpose of determining final average salary under the plan	928
described in sections 3307.50 to 3307.79 of the Revised Code,	929
"year" may mean the contract year.	930

(G) "Local district pension system" means any school teachers	931
pension fund created in any school district of the state in	932
accordance with the laws of the state prior to September 1, 1920.	933

(H) "Employer contribution" means the amount paid by an	934
employer, as determined by the employer rate, including the normal	935
and deficiency rates, contributions, and funds wherever used in	936
this chapter.	937

(I) "Five years of service credit" means employment covered	938
under this chapter and employment covered under a former	939
retirement plan operated, recognized, or endorsed by a college,	940
institute, university, or political subdivision of this state	941
prior to coverage under this chapter.	942

(J) "Actuary" means the actuarial consultant to the state	943
teachers retirement board, who shall be either of the following:	944

(1) A member of the American academy of actuaries;

945

(2) A firm, partnership, or corporation of which at least one	946
person is a member of the American academy of actuaries.	947

(K) "Fiduciary" means a person who does any of the following:

948

(1) Exercises any discretionary authority or control with	949
respect to the management of the system, or with respect to the	950
management or disposition of its assets;	951

(2) Renders investment advice for a fee, direct or indirect,	952
with respect to money or property of the system;	953

(3) Has any discretionary authority or responsibility in the	954
administration of the system.	955

(L)(1) Except as provided in this division, "compensation"	956
means all salary, wages, and other earnings paid to a teacher by	957
reason of the teacher's employment, including compensation paid	958
pursuant to a supplemental contract. The salary, wages, and other	959
earnings shall be determined prior to determination of the amount	960
required to be contributed to the teachers' savings fund or	961
defined contribution fund under section 3307.26 of the Revised	962
Code and without regard to whether any of the salary, wages, or	963
other earnings are treated as deferred income for federal income	964
tax purposes.	965

(2) Compensation does not include any of the following:

966

(a) Payments for accrued but unused sick leave or personal	967
leave, including payments made under a plan established pursuant	968
to section 124.39 of the Revised Code or any other plan	969
established by the employer;	970

(b) Payments made for accrued but unused vacation leave,	971
including payments made pursuant to section 124.13 of the Revised	972
Code or a plan established by the employer;	973

(c) Payments made for vacation pay covering concurrent	974
periods for which other salary, compensation, or benefits under	975
this chapter are paid;	976

(d) Amounts paid by the employer to provide life insurance,	977
sickness, accident, endowment, health, medical, hospital, dental,	978
or surgical coverage, or other insurance for the teacher or the	979
teacher's family, or amounts paid by the employer to the teacher	980
in lieu of providing the insurance;	981

(e) Incidental benefits, including lodging, food, laundry,	982
parking, or services furnished by the employer, use of the	983
employer's property or equipment, and reimbursement for	984
job-related expenses authorized by the employer, including moving	985
and travel expenses and expenses related to professional	986
development;	987

(f) Payments made by the employer in exchange for a member's	988
waiver of a right to receive any payment, amount, or benefit	989
described in division (L)(2) of this section;	990

(g) Payments by the employer for services not actually	991
rendered;	992

(h) Any amount paid by the employer as a retroactive increase	993
in salary, wages, or other earnings, unless the increase is one of	994
the following:	995

(i) A retroactive increase paid to a member employed by a	996
school district board of education in a position that requires a	997
license designated for teaching and not designated for being an	998
administrator issued under section 3319.22 of the Revised Code	999
that is paid in accordance with uniform criteria applicable to all	1000
members employed by the board in positions requiring the licenses;	1001

(ii) A retroactive increase paid to a member employed by a	1002
school district board of education in a position that requires a	1003
license designated for being an administrator issued under section	1004
3319.22 of the Revised Code that is paid in accordance with	1005
uniform criteria applicable to all members employed by the board	1006
in positions requiring the licenses;	1007

(iii) A retroactive increase paid to a member employed by a	1008
school district board of education as a superintendent that is	1009
also paid as described in division (L)(2)(h)(i) of this section;	1010

(iv) A retroactive increase paid to a member employed by an	1011
employer other than a school district board of education in	1012
accordance with uniform criteria applicable to all members	1013
employed by the employer.	1014

(i) Payments made to or on behalf of a teacher that are in	1015
excess of the annual compensation that may be taken into account	1016
by the retirement system under division (a)(17) of section 401 of	1017
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1018
401(a)(17), as amended. For a teacher who first establishes	1019
membership before July 1, 1996, the annual compensation that may	1020
be taken into account by the retirement system shall be determined	1021
under division (d)(3) of section 13212 of the "Omnibus Budget	1022
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1023

(j) Payments made under division (B), (C), or (E) of section	1024
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1025
No. 3 of the 119th general assembly, Section 3 of Amended	1026
Substitute Senate Bill No. 164 of the 124th general assembly, or	1027
Amended Substitute House Bill No. 405 of the 124th general	1028
assembly;	1029

(k) Anything of value received by the teacher that is based	1030
on or attributable to retirement or an agreement to retire.	1031

(3) The retirement board shall determine by rule both of the	1032
following:	1033

(a) Whether particular forms of earnings are included in any	1034
of the categories enumerated in this division;	1035

(b) Whether any form of earnings not enumerated in this	1036
division is to be included in compensation.	1037

Decisions of the board made under this division shall be	1038
final.	1039

(M) "Superannuate" means both of the following:

1040

(1) A former teacher receiving from the system a retirement	1041
allowance under section 3307.58 or 3307.59 of the Revised Code;	1042

(2) A former teacher receiving a benefit from the system	1043
under a plan established under section 3307.81 of the Revised	1044
Code, except that "superannuate" does not include a former teacher	1045
who is receiving a benefit based on disability under a plan	1046
established under section 3307.81 of the Revised Code.	1047

For purposes of sections 3307.35 and 3307.353 of the Revised	1048
Code, "superannuate" also means a former teacher receiving from	1049
the system a combined service retirement benefit paid in	1050
accordance with section 3307.57 of the Revised Code, regardless of	1051
which retirement system is paying the benefit.	1052

Sec. 3311.71. (A) As used in this section and in sections	1053
3311.72 to ~~3311.76~~3311.87 of the Revised Code:	1054

(1) "Municipal school district" means a school district that	1055
is or has ever been under a federal court order requiring	1056
supervision and operational, fiscal, and personnel management of	1057
the district by the state superintendent of public instruction.	1058

(2) "Mayor" means the mayor of the municipal corporation	1059
containing the greatest portion of a municipal school district's	1060
territory.	1061

(B) Whenever any municipal school district is released by a	1062
federal court from an order requiring supervision and operational,	1063
fiscal, and personnel management of the district by the state	1064
superintendent, the management and control of that district shall	1065
be assumed, effective immediately, by a new nine-member board of	1066
education. Members of the new board shall be appointed by the	1067
mayor, who shall also designate one member as the chairperson of	1068
the board. In addition to the rights, authority, and duties	1069
conferred upon the chairperson by sections 3311.71 to ~~3311.76~~	1070
3311.87 of the Revised Code, the chairperson shall have all the	1071
rights, authority, and duties conferred upon the president of a	1072
board of education by the Revised Code that are not inconsistent	1073
with sections 3311.71 to ~~3311.76~~3311.87 of the Revised Code.	1074

(C) No school board member shall be appointed by the mayor	1075
pursuant to division (B) of this section until the mayor has	1076
received a slate of at least eighteen candidates nominated by a	1077
municipal school district nominating panel, at least three of whom	1078
reside in the municipal school district but not in the municipal	1079
corporation containing the greatest portion of the district's	1080
territory. The municipal school district nominating panel shall be	1081
initially convened and chaired by the state superintendent of	1082
public instruction, who shall serve as a nonvoting member for the	1083
first two years of the panel's existence, and shall consist of	1084
eleven persons selected as follows:	1085

(1) Three parents or guardians of children attending the	1086
schools of the municipal school district appointed by the district	1087
parent-teacher association, or similar organization selected by	1088
the state superintendent;	1089

(2) Three persons appointed by the mayor;

1090

(3) One person appointed by the president of the legislative	1091
body of the municipal corporation containing the greatest portion	1092
of the municipal school district's territory;	1093

(4) One teacher appointed by the collective bargaining	1094
representative of the school district's teachers;	1095

(5) One principal appointed through a vote of the school	1096
district's principals, which vote shall be conducted by the state	1097
superintendent;	1098

(6) One representative of the business community appointed by	1099
an organized collective business entity selected by the mayor;	1100

(7) One president of a public or private institution of	1101
higher education located within the municipal school district	1102
appointed by the state superintendent of public instruction.	1103

The municipal school district nominating panel shall select	1104
one of its members as its chairperson commencing two years after	1105
the date of the first meeting of the panel, at which time the	1106
state superintendent of public instruction shall no longer convene	1107
or chair the panel. Thereafter, the panel shall meet as necessary	1108
to make nominations at the call of the chairperson. All members of	1109
the panel shall serve at the pleasure of the appointing authority.	1110
Vacancies on the panel shall be filled in the same manner as the	1111
initial appointments.	1112

(D) No individual shall be appointed by the mayor pursuant to	1113
division (B) or (F) of this section unless the individual has been	1114
nominated by the nominating panel, resides in the school district,	1115
and holds no elected public office. At any given time, four of the	1116
nine members appointed by the mayor to serve on the board pursuant	1117
to either division (B) or (F) of this section shall have	1118
displayed, prior to appointment, significant expertise in either	1119
the education field, finance, or business management. At all times	1120
at least one member of the board shall be an individual who	1121
resides in the municipal school district but not in the municipal	1122
corporation containing the greatest portion of the district's	1123
territory.	1124

(E) The terms of office of all members appointed by the mayor	1125
pursuant to division (B) of this section shall expire on the next	1126
thirtieth day of June following the referendum election required	1127
by section 3311.73 of the Revised Code. The mayor may, with the	1128
advice and consent of the nominating panel, remove any member	1129
appointed pursuant to that division or division (F) of this	1130
section for cause.	1131

(F) If the voters of the district approve the continuation of	1132
an appointed board at the referendum election required by section	1133
3311.73 of the Revised Code, the mayor shall appoint the members	1134
of a new board from a slate prepared by the nominating panel in	1135
the same manner as the initial board was appointed pursuant to	1136
divisions (B), (C), and (D) of this section. Five of the members	1137
of the new board shall be appointed to four-year terms and the	1138
other four shall be appointed to two-year terms, each term	1139
beginning on the first day of July. Thereafter, the mayor shall	1140
appoint members to four-year terms in the same manner as described	1141
in divisions (B), (C), and (D) of this section. The minimum number	1142
of individuals who shall be on the slate prepared by the	1143
nominating panel for this purpose shall be at least twice the	1144
number of members to be appointed, including at least two who	1145
reside in the municipal school district but not in the municipal	1146
corporation containing the greatest portion of the district's	1147
territory.	1148

(G) In addition to the nine members appointed by the mayor,	1149
the boards appointed pursuant to divisions (B) and (F) of this	1150
section shall include the following nonvoting ex officio members:	1151

(1) If the main campus of a state university specified in	1152
section 3345.011 of the Revised Code is located within the	1153
municipal school district, the president of the university or the	1154
president's designee;	1155

(2) If any community college has its main branch located	1156
within the district, the president of the community college that	1157
has the largest main branch within the district, or the	1158
president's designee.	1159

Sec. 3311.72. This section does not apply to any principal,	1160
assistant principal, or other administrator who is employed to	1161
perform administrative functions primarily within one school	1162
building.	1163

(A) On the effective date of the assumption of control of a	1164
municipal school district by the new board of education pursuant	1165
to division (B) of section 3311.71 of the Revised Code, the	1166
treasurer, business manager, superintendent, assistant	1167
superintendents, and other administrators of the school district	1168
shall submit their resignations to the board. As used in this	1169
section, "other administrator" has the same meaning as in section	1170
3319.02 of the Revised Code.	1171

(B) Notwithstanding Chapter 3319. of the Revised Code:

1172

(1) Until thirty months after the date of the assumption of	1173
control of a municipal school district by a board pursuant to	1174
division (B) of section 3311.71 of the Revised Code, the mayor	1175
shall appoint the chief executive officer and fill any vacancies	1176
occurring in that position.	1177

(2) After the board appointed pursuant to division (B) of	1178
section 3311.71 of the Revised Code has been in control of a	1179
municipal school district for thirty months, the mayor shall	1180
appoint the chief executive officer and fill any vacancies	1181
occurring in that position, with the concurrence of the board.	1182

(3) After the first date of the assumption of control of a	1183
municipal school district by a board pursuant to division (F) of	1184
section 3311.71 of the Revised Code, the board shall appoint the	1185
chief executive officer and fill any vacancies occurring in that	1186
position, with the concurrence of the mayor.	1187

(4) An individual appointed to the position of chief	1188
executive officer under division (B)(1), (2), or (3) of this	1189
section shall have a contract with the school district that	1190
includes such terms and conditions of employment as are agreeable	1191
to the board and the appointee, except that each such contract	1192
shall contain a provision stating that, unless the individual	1193
chooses to terminate the contract at a prior time:	1194

(a) During the first thirty months after the date of the	1195
assumption of control of the municipal school district by the	1196
board pursuant to division (B) of section 3311.71 of the Revised	1197
Code, the individual will serve at the pleasure of the mayor;	1198

(b) Beginning thirty months after the date of assumption of	1199
control, the individual will serve at the pleasure of the board,	1200
with the mayor's concurrence required for removal.	1201

(C) The chief executive officer shall appoint a chief	1202
financial officer, a chief academic officer, a chief operating	1203
officer, and a chief communications officer and any other	1204
administrators for the district as the chief executive officer	1205
shall determine to be necessary. The chief executive officer shall	1206
also appoint ombudspersons who shall answer questions and seek to	1207
resolve problems and concerns raised by parents and guardians of	1208
children attending district schools. The chief executive officer	1209
shall appoint a sufficient number of ombudspersons to serve the	1210
needs of the parents and guardians.	1211

A municipal school district is not required to have a	1212
superintendent appointed pursuant to section 3319.01 of the	1213
Revised Code or a treasurer elected pursuant to section 3313.22 of	1214
the Revised Code. In addition to the rights, authority, and duties	1215
conferred upon the chief executive officer and chief financial	1216
officer in sections 3311.71 to ~~3311.76~~3311.87 of the Revised	1217
Code, the chief executive officer and the chief financial officer	1218
shall have all of the rights, authority, and duties conferred upon	1219
the superintendent of a school district and the treasurer of a	1220
board of education, respectively, by the Revised Code that are not	1221
inconsistent with sections 3311.71 to ~~3311.76~~3311.87 of the	1222
Revised Code.	1223

(D) Notwithstanding Chapters 124. and 3319. of the Revised	1224
Code, an individual appointed to an administrative position in a	1225
municipal school district by its chief executive officer shall	1226
have a contract with the school district that includes such terms	1227
and conditions of employment as are agreeable to the chief	1228
executive officer and the appointee, except that each such	1229
contract shall contain a provision stating that, unless the	1230
appointee chooses to terminate the contract at a prior time, the	1231
appointee will serve at the pleasure of the chief executive	1232
officer.	1233

(E) The chief executive officer shall also contract for or	1234
employ such consultants, counsel, or other outside parties as in	1235
the chief executive officer's reasonable judgment shall be	1236
necessary to design, implement, or evaluate the plan required by	1237
section 3311.74 of the Revised Code and to properly operate the	1238
school district, subject to appropriations by the board.	1239

(F) Notwithstanding section 3301.074 and Chapter 3319. of the	1240
Revised Code, no person appointed under this section shall be	1241
required to hold any license, certificate, or permit.	1242

Sec. 3311.74. (A) The board of education of a municipal	1243
school district, in consultation with the department of education,	1244
shall set goals for the district's educational, financial, and	1245
management progress and establish accountability standards with	1246
which to measure the district's progress.	1247

(B)(1) The chief executive officer of a municipal school	1248
district shall develop, implement, and regularly update a plan to	1249
measure student academic performance at each school within the	1250
district. ~~Where~~The plan developed by the chief executive officer	1251
shall include a component that requires the parents or guardians	1252
of students who attend the district's schools to attend, prior to	1253
the fifteenth day of December each year, at least one	1254
parent-teacher conference or similar event held by the school the	1255
student attends to provide an opportunity for the parents and	1256
guardians to meet the student's teachers, discuss expectations for	1257
the student, discuss the student's performance, and foster	1258
communication between home and school.	1259

(2) Where measurements demonstrate that students in	1260
particular schools are not achieving, or are not improving their	1261
achievement levels at an acceptable rate, the plan shall contain	1262
provisions requiring the chief executive officer, with the	1263
concurrence of the board, to take corrective action within those	1264
schools, including, but not limited to, reallocation of academic	1265
and financial resources, reassignment of staff, redesign of	1266
academic ~~program,~~programs, adjusting the length of the school	1267
year or school day, and deploying additional assistance to	1268
students.	1269

(3) Prior to taking corrective action pursuant to the plan,	1270
the chief executive officer shall first identify which schools are	1271
in need of corrective action, what corrective action is warranted	1272
at each school, and when the corrective action should be	1273
implemented. Collectively, these items shall be known as the	1274
"corrective plan." The corrective plan is not intended to be used	1275
as a cost savings measure; rather, it is intended to improve	1276
student performance at targeted schools.	1277

Immediately after developing the corrective plan, the chief	1278
executive officer and the presiding officer of each labor	1279
organization whose members will be affected by the corrective plan	1280
shall each appoint up to four individuals to form one or more	1281
corrective action teams. The corrective action teams, within the	1282
timelines set by the chief executive officer for implementation of	1283
the corrective plan, shall collaborate with the chief executive	1284
officer and, where there are overlapping or mutual concerns, with	1285
other corrective action teams to make recommendations to the chief	1286
executive officer on implementation of the corrective plan.	1287

If the chief executive officer disagrees with all or part of	1288
the recommendations of a corrective action team, or if a	1289
corrective action team fails to make timely recommendations on the	1290
implementation of all or part of the corrective plan, the chief	1291
executive officer may implement the corrective plan in the manner	1292
in which the chief executive officer determines to be in the best	1293
interest of the students, consistent with the timelines originally	1294
established.	1295

The chief executive officer and any corrective action team	1296
are not bound by the applicable provisions of collective	1297
bargaining agreements in developing recommendations for and	1298
implementing the corrective plan.	1299

(4) Notwithstanding anything to the contrary in Chapter 4117.	1300
of the Revised Code, the content and implementation of the	1301
corrective plan prevail over any conflicting provision of a	1302
collective bargaining agreement entered into on or after the	1303
effective date of this amendment.	1304

(C) Annually the chief executive officer shall issue a report	1305
to residents of the district that includes results of achievement	1306
measurements made under division (B)(1) of this section and	1307
delineates the nature of any reforms and corrective actions being	1308
taken in response to any failure to achieve at an acceptable level	1309
or rate. The report shall also contain descriptions of efforts	1310
undertaken to improve the overall quality or efficiency of	1311
operation of the district, shall list the source of all district	1312
revenues, and shall contain a description of all district	1313
expenditures during the preceding fiscal year.	1314

(D) The chief executive officer shall implement a public	1315
awareness campaign to keep the parents and guardians of the	1316
district's students informed of the changes being implemented	1317
within the district. The campaign may include such methods as	1318
community forums, letters, and brochures. It shall include annual	1319
distribution to all parents and guardians of an information card	1320
specifying the names and business addresses and telephone numbers	1321
of the ombudspersons appointed under section 3311.72 of the	1322
Revised Code and other employees of the district board of	1323
education who may serve as information resources for parents and	1324
guardians.	1325

Sec. 3311.741. (A) This section applies only to a municipal	1326
school district in existence on July 1, 2012.	1327

(B) Not later than December 1, 2012, the board of education	1328
of each municipal school district to which this section applies	1329
shall submit to the superintendent of public instruction an array	1330
of measures to be used in evaluating the performance of the	1331
district. The measures shall assess at least overall student	1332
achievement, student progress over time, the achievement and	1333
progress over time of each of the applicable categories of	1334
students described in division (C)(3) of section 3302.03 of the	1335
Revised Code, and college and career readiness. The state	1336
superintendent shall approve or disapprove the measures by January	1337
15, 2013. If the measures are disapproved, the state	1338
superintendent shall recommend modifications that will make the	1339
measures acceptable.	1340

(C) Beginning with the 2012-2013 school year, the board	1341
annually shall establish goals for improvement on each of the	1342
measures approved under division (B) of this section. The school	1343
district's performance data for the 2011-2012 school year shall be	1344
used as a baseline for determining improvement.	1345

(D) Not later than October 1, 2013, and by the first day of	1346
October each year thereafter, the board shall issue a report	1347
describing the school district's performance for the previous	1348
school year on each of the measures approved under division (B) of	1349
this section and whether the district has met each of the	1350
improvement goals established for that year under division (C) of	1351
this section. The board shall provide the report to the governor,	1352
the superintendent of public instruction, and, in accordance with	1353
section 101.68 of the Revised Code, the general assembly.	1354

(E) Not later than November 15, 2017, the superintendent of	1355
public instruction shall evaluate the school district's	1356
performance based on the measures approved under division (B) of	1357
this section and shall issue a report to the governor and general	1358
assembly.	1359

Sec. 3311.742. (A) As used in this section, "partnering	1360
community school" means a community school established under	1361
Chapter 3314. of the Revised Code that is located within the	1362
territory of a municipal school district and that either is	1363
sponsored by the district or is a party to an agreement with the	1364
district whereby the district and the community school endorse	1365
each other's programs.	1366

(B) The board of education of each municipal school district	1367
and the governing authority of each partnering community school	1368
shall require each of its schools offering grades nine to twelve	1369
to establish a student advisory committee to make recommendations	1370
as prescribed in this division. The principal of the school and,	1371
if applicable, representatives of the teachers' labor organization	1372
who are employed in the school shall determine the composition of	1373
the committee and the process for selecting committee members,	1374
which shall allow for all students enrolled in the school to be	1375
informed about, and involved in, member selection.	1376

The committee shall make regular recommendations, but at	1377
least semiannually, regarding the following:	1378

(1) Strategies to improve teaching and learning at the	1379
school;	1380

(2) How to use technology in the classroom to engage students	1381
in the learning process;	1382

(3) Strategies to encourage high-achieving students to work	1383
with underperforming students to improve the school's academic	1384
culture and graduation rate;	1385

(4) Ways in which students may improve the behavior of other	1386
students and reduce incidents of bullying and other disruptive	1387
conduct;	1388

(5) Procedures for monitoring the progress of the changes	1389
implemented;	1390

(6) Any other issues requested by school personnel or the	1391
board or governing authority.	1392

(C) The student advisory committee shall provide copies of	1393
its recommendations to the district chief executive officer, the	1394
school principal, and, if applicable, the person designated to be	1395
the representative of the teachers' labor organization for the	1396
school. The board or governing authority shall post the	1397
recommendations on the district's or school's web site.	1398

Sec. 3311.751. Notwithstanding division (F) of section	1399
5705.10 of the Revised Code, if a municipal school district board	1400
of education sells real property that it owns in its corporate	1401
capacity, moneys received from the sale may be paid into the	1402
general fund of the district, as long as all of the following	1403
conditions are satisfied:	1404

(A) The district has owned the real property for at least ten	1405
years.	1406

(B) The real property and any improvements to that real	1407
property were not acquired with the proceeds of public	1408
obligations, as defined in section 133.01 of the Revised Code, of	1409
the district that are outstanding at the time of the sale.	1410

(C) The deposit of those moneys in that manner is not	1411
prohibited by any agreements the district board has entered into	1412
with the Ohio school facilities commission.	1413

Sec. 3311.76. (A) Notwithstanding Chapters 3302. and 3317.	1414
of the Revised Code, upon written request of the district chief	1415
executive officer, the state superintendent of public instruction	1416
may exempt a municipal school district from any rules adopted	1417
under Title XXXIII of the Revised Code except for any rule adopted	1418
under Chapter 3307. or 3309., sections 3319.07 to 3319.21, or	1419
Chapter 3323. of the Revised Code, and may authorize a municipal	1420
school district to apply funds allocated to the district under	1421
Chapter 3317. of the Revised Code, except those specifically	1422
allocated to purposes other than current expenses, to the payment	1423
of debt charges on the district's public obligations. The request	1424
must specify the provisions from which the district is seeking	1425
exemption or the application of funds requested and the reasons	1426
for the request. The state superintendent shall approve the	1427
request if the superintendent finds the requested exemption or	1428
application of funds is in the best interest of the district's	1429
students. The superintendent shall approve or disapprove the	1430
request within thirty days and shall notify the district board and	1431
the district chief executive officer of approval or reasons for	1432
disapproving the request.	1433

(B) The board of education of a municipal school district may	1434
apply for an exemption from specific statutory provisions or rules	1435
under section 3302.07 of the Revised Code.	1436

(C) In addition to the rights, authority, and duties	1437
conferred upon a municipal school district and its board of	1438
education in sections 3311.71 to ~~3311.76~~3311.87 of the Revised	1439
Code, a municipal school district and its board shall have all of	1440
the rights, authority, and duties conferred upon a city school	1441
district and its board by law that are not inconsistent with	1442
sections 3311.71 to ~~3311.76~~3311.87 of the Revised Code.	1443

Sec. 3311.77. Notwithstanding any provision of the Revised	1444
Code to the contrary, and except as otherwise specified in	1445
division (G)(1) of this section, a municipal school district shall	1446
be subject to this section instead of section 3319.08 of the	1447
Revised Code. Section 3319.0811 of the Revised Code shall not	1448
apply to the district.	1449

(A) The board of education of each municipal school district	1450
shall enter into written contracts for the employment and	1451
re-employment of all teachers. Contracts for the employment of	1452
teachers shall be of three types, limited contracts, extended	1453
limited contracts, and continuing contracts. If the board	1454
authorizes compensation in addition to the salary paid under	1455
section 3311.78 of the Revised Code for the performance of duties	1456
by a teacher that are in addition to the teacher's regular	1457
teaching duties, the board shall enter into a supplemental written	1458
contract with each teacher who is to perform additional duties.	1459
Such supplemental written contracts shall be limited contracts.	1460
Such written contracts and supplemental written contracts shall	1461
set forth the teacher's duties and shall specify the salaries and	1462
compensation to be paid for regular teaching duties and additional	1463
teaching duties, respectively.	1464

If the board adopts a motion or resolution to employ a	1465
teacher under a limited contract or extended limited contract, or	1466
under a continuing contract pursuant to division (E) of this	1467
section, and the teacher accepts such employment, the failure of	1468
such parties to execute a written contract shall not void such	1469
employment contract.	1470

(B) Teachers shall be paid for all time lost when the schools	1471
in which they are employed are closed due to an epidemic or other	1472
public calamity, and for time lost due to illness or otherwise for	1473
not less than five days annually as authorized by regulations	1474
which the board shall adopt.	1475

(C) The term of a limited contract for a teacher shall not	1476
exceed the following:	1477

(1) Five years, in the case of a contract entered into prior	1478
to the effective date of this section;	1479

(2) A term as authorized in division (D) of this section, in	1480
the case of a contract entered into on or after the effective date	1481
of this section.	1482

(D) The term of an initial limited contract for a teacher	1483
described in division (C)(2) of this section shall not exceed two	1484
years. Any subsequent limited contract entered into with that	1485
teacher shall not exceed five years.	1486

(E) A continuing contract is a contract that remains in	1487
effect until the teacher resigns, elects to retire, or is retired	1488
pursuant to former section 3307.37 of the Revised Code, or until	1489
it is terminated or suspended and shall be granted only to	1490
teachers who have provided notice of their eligibility by the	1491
fifteenth day of September of the year the teacher becomes	1492
eligible for a continuing contract and who have met one of the	1493
following criteria:	1494

(1) The teacher holds a professional, permanent, or life	1495
teacher's certificate;	1496

(2) The teacher meets the following conditions:

1497

(a) The teacher was initially issued a teacher's certificate	1498
or educator license prior to January 1, 2011.	1499

(b) The teacher holds a professional educator license issued	1500
under section 3319.22 or 3319.222 or former section 3319.22 of the	1501
Revised Code or a senior professional educator license or lead	1502
professional educator license issued under section 3319.22 of the	1503
Revised Code.	1504

(c) The teacher has completed the applicable one of the	1505
following:	1506

(i) If the teacher did not hold a master's degree at the time	1507
of initially receiving a teacher's certificate under former law or	1508
an educator license, thirty semester hours of coursework in the	1509
area of licensure or in an area related to the teaching field	1510
since the initial issuance of such certificate or license, as	1511
specified in rules which the state board of education shall adopt;	1512

(ii) If the teacher held a master's degree at the time of	1513
initially receiving a teacher's certificate under former law or an	1514
educator license, six semester hours of graduate coursework in the	1515
area of licensure or in an area related to the teaching field	1516
since the initial issuance of such certificate or license, as	1517
specified in rules which the state board shall adopt.	1518

(3) The teacher meets the following conditions:

1519

(a) The teacher never held a teacher's certificate and was	1520
initially issued an educator license on or after January 1, 2011.	1521

(b) The teacher holds a professional educator license, senior	1522
professional educator license, or lead professional educator	1523
license issued under section 3319.22 of the Revised Code.	1524

(c) The teacher has held an educator license for at least	1525
seven years.	1526

(d) The teacher has completed the applicable one of the	1527
following:	1528

(i) If the teacher did not hold a master's degree at the time	1529
of initially receiving an educator license, thirty semester hours	1530
of coursework in the area of licensure or in an area related to	1531
the teaching field since the initial issuance of that license, as	1532
specified in rules which the state board shall adopt;	1533

(ii) If the teacher held a master's degree at the time of	1534
initially receiving an educator license, six semester hours of	1535
graduate coursework in the area of licensure or in an area related	1536
to the teaching field since the initial issuance of that license,	1537
as specified in rules which the state board shall adopt.	1538

(F) Nothing in division (E) of this section shall be	1539
construed to void or otherwise affect a continuing contract	1540
entered into prior to the effective date of this section.	1541

(G) Notwithstanding any provision to the contrary in Chapter	1542
4117. of the Revised Code:	1543

(1) The requirements of division (D)(3) of section 3319.08 of	1544
the Revised Code prevail over any conflicting provisions of a	1545
collective bargaining agreement entered into between October 16,	1546
2009, and the effective date of this section.	1547

(2) The requirements of this section prevail over any	1548
conflicting provisions of a collective bargaining agreement	1549
entered into on or after the effective date of this section.	1550

(H) Wherever the term "educator license" is used in this	1551
section without reference to a specific type of educator license,	1552
the term does not include an educator license for substitute	1553
teaching issued under section 3319.226 of the Revised Code.	1554

Sec. 3311.78. Notwithstanding any provision of the Revised	1555
Code to the contrary, a municipal school district shall be subject	1556
to this section instead of sections 3317.13, 3317.14, and 3317.141	1557
of the Revised Code.	1558

(A) As used in this section, "principal" includes an	1559
assistant principal.	1560

(B) The board of education of each municipal school district	1561
annually shall adopt a differentiated salary schedule for teachers	1562
based upon performance as described in division (D) of this	1563
section. The board also annually shall adopt a differentiated	1564
salary schedule for principals based upon performance as described	1565
in division (D) of this section.	1566

For each teacher or principal hired on or after the effective	1567
date of this section, the board shall determine the teacher's or	1568
principal's initial placement on the applicable salary schedule	1569
based on years of experience and area of licensure and any other	1570
factors the board considers appropriate. For each teacher hired	1571
prior to the effective date of this section, the board shall	1572
initially place the teacher on the applicable salary schedule so	1573
that the teacher's annual salary on the schedule is comparable to	1574
the teacher's annual salary for the school year immediately prior	1575
to the school year covered by the schedule. For each principal	1576
hired prior to the effective date of this section, the board shall	1577
initially place the principal on the applicable salary schedule	1578
consistent with the principal's employment contract.	1579

(C) The salary of a teacher shall not be reduced unless such	1580
reduction is accomplished as part of a negotiated collective	1581
bargaining agreement. The salary of a principal shall not be	1582
reduced during the term of the principal's employment contract	1583
unless such reduction is by mutual agreement of the board and the	1584
principal or is part of a uniform plan affecting the entire	1585
district.	1586

(D) For purposes of the schedules, the board shall measure a	1587
teacher's or principal's performance by considering all of the	1588
following:	1589

(1) The level of license issued under section 3319.22 of the	1590
Revised Code that the teacher or principal holds;	1591

(2) Whether the teacher or principal is a highly qualified	1592
teacher, as defined in section 3319.074 of the Revised Code;	1593

(3) Ratings received by the teacher or principal on	1594
performance evaluations conducted under section 3311.80 or 3311.84	1595
of the Revised Code;	1596

(4) Any specialized training and experience in the assigned	1597
position.	1598

(E) The salary schedules adopted under this section may	1599
provide for additional compensation for teachers or principals who	1600
perform duties, not contracted for under a supplemental contract,	1601
that the board determines warrant additional compensation. Those	1602
duties may include, but are not limited to, assignment to a school	1603
building eligible for funding under Title I of the "Elementary and	1604
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	1605
assignment to a building in "school improvement" status under the	1606
"No Child Left Behind Act of 2001," as defined in section 3302.01	1607
of the Revised Code; teaching in a grade level or subject area in	1608
which the board has determined there is a shortage within the	1609
district; assignment to a hard-to-staff school, as determined by	1610
the board; or teaching in a school with an extended school day or	1611
school year.	1612

(F) The chief executive officer of the district, or the chief	1613
executive officer's designee, annually shall review the salary of	1614
each teacher and principal and make a recommendation to the board.	1615
Based on the recommendation, the board may increase a teacher's or	1616
principal's salary based on the teacher's or principal's	1617
performance and duties as provided for in divisions (D) and (E) of	1618
this section. The performance-based increase for a teacher or	1619
principal rated as accomplished shall be greater than the	1620
performance-based increase for a teacher or principal rated as	1621
proficient. Notwithstanding division (C) of this section, division	1622
(C) of section 3319.02, and section 3319.12 of the Revised Code,	1623
the board may decrease the teacher's or principal's salary if the	1624
teacher or principal will perform fewer or different duties	1625
described in division (E) of this section in the school year for	1626
which the salary is decreased.	1627

(G) Notwithstanding any provision to the contrary in Chapter	1628
4117. of the Revised Code, the requirements of this section	1629
prevail over any conflicting provisions of a collective bargaining	1630
agreement entered into on or after the effective date of this	1631
section. However, the board and the teachers' labor organization	1632
shall negotiate the implementation of the differentiated salary	1633
schedule for teachers and may negotiate additional factors	1634
regarding teacher salaries, provided those factors are consistent	1635
with this section.	1636

Sec. 3311.79. (A) When assigning teachers to schools of a	1637
municipal school district prior to the start of a school year,	1638
teachers may apply for open positions. All applicants shall be	1639
considered. Applicants may be interviewed by a building level team	1640
comprised of the building principal, a representative of the	1641
district teachers' labor organization, a parent, a staff member in	1642
the same job classification as the posted position, and any other	1643
members mutually agreed upon by the principal and the labor	1644
organization representative. When openings occur, the principal	1645
and labor organization representative shall mutually select the	1646
members of the building level team. Interviews by the building	1647
level team shall not be delayed due to the unavailability of duly	1648
notified team members. The team shall make recommendations whether	1649
to assign a teacher to an open position in the building based on	1650
how suitably the teacher's credentials fulfill the needs of the	1651
particular school. For this purpose, the building level team shall	1652
consider the following credentials:	1653

(1) The level of license issued under section 3319.22 of the	1654
Revised Code that the teacher holds;	1655

(2) The number of subject areas the teacher is licensed to	1656
teach;	1657

(3) Whether the teacher is a highly qualified teacher, as	1658
defined in section 3319.074 of the Revised Code;	1659

(4) The results of the teacher's performance evaluations	1660
conducted under section 3311.80 of the Revised Code;	1661

(5) Whether the teacher has recently taught and been	1662
evaluated in the subject areas the teacher would teach at the	1663
school;	1664

(6) Any specialized training or experience the teacher	1665
possesses that are relevant to the open position;	1666

(7) Any other credentials established by the district chief	1667
executive officer or a building level team.	1668

(B) The building level team shall make its recommendations to	1669
the district chief executive officer or the chief executive	1670
officer's designee for the chief executive officer's or designee's	1671
final approval of the assignment.	1672

(C) In the event that open positions in one or more school	1673
buildings have not been filled through the procedures set forth in	1674
divisions (A) and (B) of this section, or if the building level	1675
team has not been able to reach a consensus on a candidate, by ten	1676
days prior to the first work day for teachers of the school year,	1677
the district chief executive officer or the chief executive	1678
officer's designee shall assign teachers to any of those open	1679
positions based on the best interests of the district. In making	1680
an assignment under this division, the chief executive officer or	1681
the chief executive officer's designee shall take into	1682
consideration all input from the building level team members.	1683

(D) In the event that a position opens after the first	1684
student day of the school year, the building level team interview	1685
and recommendation procedures set forth in divisions (A) and (B)	1686
of this section shall be used to fill the open position. If any	1687
positions remain open, or if the building level team has not been	1688
able to reach a consensus on a candidate, after a reasonable	1689
period of time as determined by the chief executive officer or the	1690
chief executive officer's designee, the chief executive officer or	1691
the chief executive officer's designee shall assign teachers to	1692
any of those open positions based on the best interests of the	1693
district. In making an assignment under this division, the chief	1694
executive officer or the chief executive officer's designee shall	1695
take into consideration all input from the building level team	1696
members.	1697

(E) In the event it becomes necessary to assign, reassign, or	1698
transfer a teacher, whether voluntarily or involuntarily on the	1699
part of the teacher, for the purpose of promoting the best	1700
interests of the district, the chief executive officer or the	1701
chief executive officer's designee shall first meet with the	1702
teacher, the principals of the affected buildings, and a	1703
representative of the district teachers' labor organization. The	1704
assignment, reassignment, or transfer shall not be delayed due to	1705
the unavailability of the meeting participants who have been duly	1706
notified.	1707

(F) The district chief executive officer or a building level	1708
team shall not use seniority or continuing contract status as the	1709
primary factor in determining any teacher's assignment to a	1710
school.	1711

(G) Notwithstanding any provision to the contrary in Chapter	1712
4117. of the Revised Code, the requirements of this section	1713
prevail over any conflicting provisions of a collective bargaining	1714
agreement entered into on or after the effective date of this	1715
section. However, the board and the teachers' labor organization	1716
shall negotiate regarding the implementation of this section,	1717
including the processes by which each building level team conducts	1718
its interviews and makes recommendations, consistent with this	1719
section.	1720

Sec. 3311.80. Notwithstanding any provision of the Revised	1721
Code to the contrary, a municipal school district shall be subject	1722
to this section instead of section 3319.111 of the Revised Code.	1723

(A) Not later than July 1, 2013, the board of education of	1724
each municipal school district and the teachers' labor	1725
organization shall develop and adopt standards-based teacher	1726
evaluation procedures that conform with the framework for	1727
evaluation of teachers developed under section 3319.112 of the	1728
Revised Code. The evaluation procedures shall include at least	1729
formal observations and classroom walk-throughs, which may be	1730
announced or unannounced; examinations of samples of work, such as	1731
lesson plans or assessments designed by a teacher; and multiple	1732
measures of student academic growth.	1733

(B) When using measures of student academic growth as a	1734
component of a teacher's evaluation, those measures shall include	1735
the value-added progress dimension prescribed by section 3302.021	1736
of the Revised Code. For teachers of grade levels and subjects for	1737
which the value-added progress dimension is not applicable, the	1738
board shall administer assessments on the list developed under	1739
division (B)(2) of section 3319.112 of the Revised Code.	1740

(C)(1) Each teacher employed by the board shall be evaluated	1741
at least once each school year, except as provided in division	1742
(C)(2) of this section. The composite evaluation shall be	1743
completed not later than the first day of June and the teacher	1744
shall receive a written report of the results of the composite	1745
evaluation not later than ten days after its completion or the	1746
last teacher work day of the school year, whichever is earlier.	1747

(2) Each teacher who received a rating of accomplished on the	1748
teacher's most recent evaluation conducted under this section may	1749
be evaluated once every two school years, except that the teacher	1750
shall be evaluated in any school year in which the teacher's	1751
contract is due to expire. The biennial composite evaluation shall	1752
be completed not later than the first day of June of the	1753
applicable school year, and the teacher shall receive a written	1754
report of the results of the composite evaluation not later than	1755
ten days after its completion or the last teacher work day of the	1756
school year, whichever is earlier.	1757

(D) Each evaluation conducted pursuant to this section shall	1758
be conducted by one or more of the following persons who have been	1759
trained to conduct evaluations in accordance with criteria that	1760
shall be developed jointly by the chief executive officer of the	1761
district, or the chief executive officer's designee, and the	1762
teachers' labor organization:	1763

(1) The chief executive officer or a subordinate officer of	1764
the district with responsibility for instruction or academic	1765
affairs;	1766

(2) A person who is under contract with the board pursuant to	1767
section 3319.02 of the Revised Code and holds a license designated	1768
for being a principal issued under section 3319.22 of the Revised	1769
Code;	1770

(3) A person who is under contract with the board pursuant to	1771
section 3319.02 of the Revised Code and holds a license designated	1772
for being a vocational director or a supervisor in any educational	1773
area issued under section 3319.22 of the Revised Code;	1774

(4) A person designated to conduct evaluations under an	1775
agreement providing for peer assistance and review entered into by	1776
the board and the teachers' labor organization.	1777

(E) The evaluation procedures shall describe how the	1778
evaluation results will be used for decisions regarding	1779
compensation, retention, promotion, and reductions in force and	1780
for removal of poorly performing teachers.	1781

(F) A teacher may challenge any violations of the evaluation	1782
procedures in accordance with the grievance procedure specified in	1783
any applicable collective bargaining agreement. A challenge under	1784
this division is limited to the determination of procedural errors	1785
that have resulted in substantive harm to the teacher and to	1786
ordering the correction of procedural errors. The failure of the	1787
board or a person conducting an evaluation to strictly comply with	1788
any deadline or evaluation forms established as part of the	1789
evaluation process shall not be cause for an arbitrator to	1790
determine that a procedural error occurred, unless the arbitrator	1791
finds that the failure resulted in substantive harm to the	1792
teacher. The arbitrator shall have no jurisdiction to modify the	1793
evaluation results, but the arbitrator may stay any decision taken	1794
pursuant to division (E) of this section pending the board's	1795
correction of any procedural error. The board shall correct any	1796
procedural error within fifteen business days after the	1797
arbitrator's determination that a procedural error occurred.	1798

(G) Notwithstanding any provision to the contrary in Chapter	1799
4117. of the Revised Code, the requirements of this section	1800
prevail over any conflicting provisions of a collective bargaining	1801
agreement entered into on or after the effective date of this	1802
section. However, the board and the teachers' labor organization	1803
may negotiate additional evaluation procedures, including an	1804
evaluation process incorporating peer assistance and review,	1805
provided the procedures are consistent with this section.	1806

(H) This section does not apply to administrators appointed	1807
by the chief executive officer of a municipal school district	1808
under section 3311.72 of the Revised Code, administrators subject	1809
to evaluation procedures under section 3311.84 or 3319.02 of the	1810
Revised Code, or to any teacher employed as a substitute for less	1811
than one hundred twenty days during a school year pursuant to	1812
section 3319.10 of the Revised Code.	1813

Sec. 3311.81. Notwithstanding any provision of the Revised	1814
Code to the contrary, a municipal school district shall be subject	1815
to this section instead of section 3319.11 of the Revised Code.	1816

(A) As used in this section:

1817

(1) "Evaluation procedures" means the procedures adopted	1818
pursuant to division (A) of section 3311.80 of the Revised Code.	1819

(2) "Limited contract" means a limited contract, as described	1820
in section 3311.77 of the Revised Code, that the board of	1821
education of a municipal school district enters into with a	1822
teacher who is not eligible for a continuing contract.	1823

(3) "Extended limited contract" means a limited contract, as	1824
described in section 3311.77 of the Revised Code, that the board	1825
enters into with a teacher who is eligible for a continuing	1826
contract, but to whom a continuing contract has not been granted	1827
by the board.	1828

(B) The board of education of each municipal school district	1829
shall enter into a limited contract with each teacher employed by	1830
the board who is not eligible to be considered for a continuing	1831
contract.	1832

Any teacher employed under a limited contract who is not	1833
eligible to be considered for a continuing contract is, at the	1834
expiration of such limited contract, considered re-employed under	1835
a one-year limited contract, unless the board gives such teacher	1836
written notice of its intention not to re-employ such teacher on	1837
or before the first day of June. The teacher is presumed to have	1838
accepted such employment unless the teacher notifies the board in	1839
writing to the contrary on or before the tenth day of July.	1840

Any teacher receiving a written notice of the intention of	1841
the board not to re-employ such teacher pursuant to this division	1842
is entitled to a hearing under division (C) of this section.	1843

(C) Any teacher receiving written notice of the intention of	1844
the board not to re-employ such teacher pursuant to division (B)	1845
of this section may request a hearing before the board. The	1846
request for a hearing shall be in writing and shall be delivered	1847
to the chief financial officer of the district within ten days of	1848
the date of receipt of the notice. The hearing shall be held in	1849
executive session of the board at the board's next scheduled	1850
meeting. Following the hearing, or if no hearing is requested, the	1851
board shall act on the question of the teacher's re-employment.	1852
The decision of the board shall be final and shall not be subject	1853
to further appeal.	1854

(D)(1) Upon the recommendation of the chief executive officer	1855
that a teacher be re-employed where the teacher satisfies the	1856
criteria in division (E) of section 3311.77 of the Revised Code	1857
and has taught in the district for at least three years, or at	1858
least two years in the case of a teacher who received a continuing	1859
contract elsewhere, the board shall enter into a continuing	1860
contract with the teacher, unless the board by a three-fourths	1861
vote of its full membership rejects the recommendation of the	1862
chief executive officer. If the board rejects the recommendation,	1863
or if the chief executive officer recommends that the teacher not	1864
be re-employed, the board may proceed not to renew the teacher's	1865
contract in accordance with this section as if the teacher was not	1866
eligible to be considered for a continuing contract.	1867

(2) In the event the chief executive officer does not	1868
recommend to the board that a teacher receive a continuing	1869
contract where the teacher satisfies the criteria in division (E)	1870
of section 3311.77 of the Revised Code and has taught in the	1871
district for at least three years, or at least two years in the	1872
case of a teacher who received a continuing contract elsewhere,	1873
the chief executive officer may recommend to the board that the	1874
teacher receive an extended limited contract. In that event, the	1875
chief executive officer, or the chief executive officer's	1876
designee, shall provide the teacher written notice, not less than	1877
five business days prior to any board action on the	1878
recommendation, with reasons directed at professional development.	1879
The board shall act on the recommendation for an extended limited	1880
contract with reasons directed at professional development not	1881
later than the first day of June. An extended limited contract may	1882
be issued:	1883

(a) For a teacher who has been awarded a continuing contract	1884
in another school district and has served in the municipal school	1885
district for two years, in one-year increments or for multiple	1886
years, in no event to exceed a total of two years;	1887

(b) For a teacher who is newly eligible for a continuing	1888
contract, in one-year increments or for multiple years, in no	1889
event to exceed a total of four years.	1890

Upon any subsequent reemployment of the teacher after the	1891
expiration of the extended limited contract or contracts, only a	1892
continuing contract may be entered into. The teacher is presumed	1893
to have accepted employment under such continuing contract unless	1894
the teacher notifies the board in writing to the contrary before	1895
the tenth day of July, and a continuing contract shall be executed	1896
accordingly.	1897

(3) In the event the chief executive officer fails to make	1898
any recommendation regarding a contract for a teacher who	1899
satisfies the criteria in division (E) of section 3311.77 of the	1900
Revised Code and has taught in the district for at least three	1901
years, or at least two years in the case of a teacher who received	1902
a continuing contract elsewhere, the teacher shall be re-employed	1903
under a one-year extended limited contract. That contract may be	1904
subsequently extended for an additional one to three years	1905
consistent with divisions (D)(2)(a) and (b) of this section. The	1906
teacher is presumed to have accepted employment under such	1907
extended limited contract unless the teacher notifies the board in	1908
writing to the contrary before the tenth day of July.	1909

(E) The provisions of this section shall not apply to any	1910
supplemental written contracts entered into pursuant to section	1911
3311.77 of the Revised Code.	1912

(F) Notwithstanding any provision to the contrary in Chapter	1913
4117. of the Revised Code, the requirements of this section	1914
prevail over any conflicting provisions of a collective bargaining	1915
agreement entered into on or after the effective date of this	1916
section. However, the board and the teachers' labor organization	1917
shall negotiate the due process procedures preceding a teacher's	1918
receipt of a written notice indicating the intent of the board not	1919
to re-employ the teacher, which procedures shall be consistent	1920
with this section.	1921

Sec. 3311.82. Notwithstanding any provision of the Revised	1922
Code to the contrary, a municipal school district shall be subject	1923
to this section instead of sections 3319.16 and 3319.161 of the	1924
Revised Code with respect to termination of teacher contracts, but	1925
those sections shall apply to the district with respect to	1926
termination of contracts with other district employees licensed by	1927
the state board of education, subject to section 3311.72 and	1928
division (F) of section 3311.84 of the Revised Code.	1929

(A) The board of education of a municipal school district may	1930
terminate the contract of a teacher employed by the board only for	1931
good and just cause. In addition, the board may place a teacher on	1932
disciplinary suspension without pay for a definite period of time	1933
for good and just cause. For purposes of contract terminations,	1934
good and just cause shall include receiving a composite evaluation	1935
rating of ineffective under section 3311.80 of the Revised Code	1936
for two consecutive years. A violation of division (A)(7) of	1937
section 2907.03 of the Revised Code is grounds for termination or	1938
disciplinary suspension without pay of a teacher under this	1939
section.	1940

(B) If an administrator determines, after a preliminary	1941
investigation, that a teacher may have engaged in conduct that	1942
could lead to a recommendation for termination or disciplinary	1943
suspension without pay, the teacher shall be entitled to a	1944
fact-finding hearing to determine if termination or disciplinary	1945
suspension without pay is warranted. The hearing shall be held	1946
before an administrator designated by the chief executive officer	1947
of the district. Prior to the hearing, the administrator	1948
designated by the chief executive officer shall provide the	1949
teacher with written notice of the allegations and of the right to	1950
request representation by the teachers' labor organization, and	1951
copies of any written evidence related to the allegations. The	1952
hearing shall be held within a reasonable period of time following	1953
the teacher's receipt of the written notice of the allegations.	1954
The teacher may have a representative of the teachers' labor	1955
organization present at the hearing. During the hearing, the	1956
teacher shall be given a meaningful opportunity to respond to the	1957
allegations, including the opportunity to submit additional	1958
evidence. Not later than ten business days after the hearing, the	1959
administrator designated by the chief executive officer shall	1960
notify the teacher in writing of the administrator's	1961
recommendation for discipline and the rationale for the	1962
recommendation, and shall provide a copy of the notification to	1963
the chief executive officer.	1964

(C) If the administrator designated by the chief executive	1965
officer recommends to the chief executive officer that the teacher	1966
be terminated or placed on disciplinary suspension without pay,	1967
the chief executive officer shall review the evidence and	1968
determine whether termination or disciplinary suspension without	1969
pay is warranted. The chief executive officer shall make a	1970
recommendation regarding discipline at the next scheduled meeting	1971
of the board. The board may adopt or modify the chief executive	1972
officer's recommendation, except that the board shall not increase	1973
the recommended discipline. The board shall notify the teacher of	1974
any action taken by the board on the chief executive officer's	1975
recommendation. Any termination or disciplinary suspension without	1976
pay imposed by the board shall take effect immediately.	1977

(D) A teacher who is terminated or placed on disciplinary	1978
suspension without pay under this section may appeal the board's	1979
action in accordance with the grievance procedures specified in	1980
any applicable collective bargaining agreement. The failure of the	1981
board, chief executive officer, or administrator designated by the	1982
chief executive officer to strictly comply with any procedures	1983
established by this section or applicable collective bargaining	1984
agreement shall not be cause for an arbitrator to overturn the	1985
termination or disciplinary suspension without pay, unless the	1986
arbitrator finds that the failure resulted in substantive harm to	1987
the teacher.	1988

(E) Notwithstanding any provision to the contrary in Chapter	1989
4117. of the Revised Code:	1990

(1) The provisions of section 3319.16 of the Revised Code	1991
relating to the grounds for termination of the contract of a	1992
teacher prevail over any conflicting provisions of a collective	1993
bargaining agreement entered into prior to the effective date of	1994
this section.	1995

(2) The requirements of this section prevail over any	1996
conflicting provisions of a collective bargaining agreement	1997
entered into on or after the effective date of this section.	1998

Sec. 3311.83. Notwithstanding any provision of the Revised	1999
Code to the contrary, and except as otherwise specified in	2000
division (E) of this section, a municipal school district shall be	2001
subject to this section instead of section 3319.17 of the Revised	2002
Code with respect to suspension of teacher contracts, but sections	2003
3311.72, 3319.17, and 3319.171 of the Revised Code shall apply to	2004
the district with respect to suspension of contracts of other	2005
district employees who may be licensed by the state board of	2006
education.	2007

(A) When, for any of the following reasons that apply to a	2008
municipal school district, the district board of education decides	2009
that it will be necessary to reduce the number of teachers it	2010
employs, it may make a reasonable reduction:	2011

(1) Return to duty of regular teachers after leaves of	2012
absence, including leaves of absence provided pursuant to section	2013
3319.13 or 3319.14 of the Revised Code;	2014

(2) Decreased enrollment of students in the district;

2015

(3) Academic reasons resulting in consolidation of teaching	2016
positions, duties, or functions or resulting in changes in	2017
educational programs;	2018

(4) Financial reasons;

2019

(5) Territorial changes affecting the district.

2020

(B) In making any such reduction, the board shall proceed to	2021
suspend contracts in accordance with the recommendation of the	2022
district's chief executive officer and divisions (B)(1) and (2)	2023
and (E) of this section.	2024

(1) Each teacher affected by the reduction, based on area of	2025
licensure, shall be placed in one of the following categories:	2026

(a) Category 1A, which shall contain all teachers on limited	2027
or extended limited contracts with a composite evaluation rating	2028
of ineffective;	2029

(b) Category 1B, which shall contain all teachers on	2030
continuing contracts with a composite evaluation rating of	2031
ineffective;	2032

(c) Category 2A, which shall contain all teachers on limited	2033
or extended limited contracts with a composite evaluation rating	2034
of developing;	2035

(d) Category 2B, which shall contain all teachers on	2036
continuing contracts with a composite evaluation rating of	2037
developing;	2038

(e) Category 3A, which shall contain all teachers on limited	2039
or extended limited contracts with a composite evaluation rating	2040
of proficient;	2041

(f) Category 3B, which shall contain all teachers on	2042
continuing contracts with a composite evaluation rating of	2043
proficient;	2044

(g) Category 4A, which shall contain all teachers on limited	2045
or extended limited contracts with a composite evaluation rating	2046
of accomplished;	2047

(h) Category 4B, which shall contain all teachers on	2048
continuing contracts with a composite evaluation rating of	2049
accomplished.	2050

(2) Consistent with division (E) of this section, reductions	2051
in the affected area of licensure shall be made starting with	2052
teachers in category 1A and shall proceed sequentially through	2053
teachers in category 4B, until all necessary reductions have	2054
occurred.	2055

(3) The evaluation ratings specified in division (B)(1) of	2056
this section refer to composite evaluation ratings assigned to a	2057
teacher in accordance with the evaluation procedures adopted under	2058
section 3311.80 of the Revised Code.	2059

(C) On a case-by-case basis, in lieu of suspending a contract	2060
in whole, the board may suspend a contract in part, so that an	2061
individual is required to work a percentage of the time the	2062
employee otherwise is required to work under the contract and	2063
receives a commensurate percentage of the full compensation the	2064
employee otherwise would receive under the contract.	2065

(D) The teachers whose contracts are suspended by the board	2066
pursuant to this section shall have the right of restoration by	2067
the board if and when teaching positions become vacant or are	2068
created, for which the teachers are or become qualified within	2069
three years after the date of the suspension of contract.	2070
Consistent with division (E) of this section, the board shall	2071
rehire teachers in the affected area of licensure starting with	2072
teachers in category 4B and shall proceed sequentially through	2073
teachers in category 1A, until all vacant positions have been	2074
filled. No teacher whose contract has been suspended pursuant to	2075
this section shall lose the right of restoration by reason of	2076
having declined recall to a position that is less than full-time	2077
or, if the teacher was not employed full-time just prior to	2078
suspension of the teacher's continuing contract, to a position	2079
requiring a lesser percentage of full-time employment than the	2080
position the teacher last held while employed in the district.	2081

(E)(1) Notwithstanding any provision to the contrary in	2082
Chapter 4117. of the Revised Code, the requirements of this	2083
section prevail over any conflicting provisions of a collective	2084
bargaining agreement entered into on or after the effective date	2085
of this section. However, the board and the teachers' labor	2086
organization shall negotiate how specialized training and	2087
experience will be factored into reduction in force and recall	2088
decisions regardless of the categories prescribed by division (B)	2089
of this section. In addition, the board and the teachers' labor	2090
organization may negotiate additional factors to be considered in	2091
determining the order of reductions, which factors shall not be	2092
inconsistent with division (B) of this section.	2093

(2) After applying specialized training and experience and	2094
any other negotiated factors, teachers within the same category	2095
prescribed by division (B) of this section shall be given	2096
preference based on seniority.	2097

Sec. 3311.84. Notwithstanding any provision of the Revised	2098
Code to the contrary, a municipal school district shall be subject	2099
to this section instead of division (D) of section 3319.02 of the	2100
Revised Code with respect to principals and assistant principals,	2101
but all other provisions of that section shall apply to the	2102
district with respect to principals and assistant principals.	2103
Section 3319.02 of the Revised Code in its entirety shall apply to	2104
the district with respect to employees other than principals and	2105
assistant principals who are covered by that section, except as	2106
otherwise provided in section 3311.72 of the Revised Code.	2107

(A) As used in this section, "principal" includes an	2108
assistant principal.	2109

(B) The board of education of each municipal school district	2110
shall adopt procedures for the evaluation of principals and shall	2111
evaluate all principals in accordance with those procedures. The	2112
procedures shall be based on principles comparable to the teacher	2113
evaluation procedures adopted under section 3311.80 of the Revised	2114
Code, but shall be tailored to the duties and responsibilities of	2115
principals and the environment in which principals work. Each	2116
evaluation shall measure the principal's effectiveness in	2117
performing the duties included in the principal's job description	2118
and shall be considered by the board in deciding whether to renew	2119
the principal's contract of employment.	2120

(C) The evaluation procedures adopted under this section	2121
shall require each principal to be evaluated annually through a	2122
written evaluation process. The evaluation shall be conducted by	2123
the chief executive officer of the district, or the chief	2124
executive officer's designee.	2125

(D) To provide time to show progress in correcting	2126
deficiencies identified in the evaluation, each evaluation shall	2127
be completed as follows:	2128

(1) In any school year that the principal's contract of	2129
employment is not due to expire, at least one evaluation shall be	2130
completed in that year. A written copy of the evaluation shall be	2131
provided to the principal by the end of the principal's contract	2132
year as defined by the principal's annual salary notice.	2133

(2) In any school year that the principal's contract of	2134
employment is due to expire, at least a preliminary evaluation and	2135
a final evaluation shall be completed in that year. A written copy	2136
of the preliminary evaluation shall be provided to the principal	2137
at least sixty days prior to any action by the board on the	2138
principal's contract of employment. The final evaluation shall	2139
indicate the chief executive officer's intended recommendation to	2140
the board regarding a contract of employment for the principal. A	2141
written copy of the final evaluation shall be provided to the	2142
principal at least five days prior to the chief executive officer	2143
making the recommendation to the board.	2144

(E) At least thirty days prior to taking action to renew or	2145
not renew the contract of a principal, the board shall notify the	2146
principal of the board's intended action and that the principal	2147
may request a meeting with the board regarding the board's	2148
intended action. Upon request of the principal, the board shall	2149
grant the principal a meeting in executive session. In that	2150
meeting, the board shall discuss its reasons for considering	2151
renewal or nonrenewal of the contract. The principal shall be	2152
permitted to have a representative, chosen by the principal,	2153
present at the meeting.	2154

The establishment of evaluation procedures in accordance with	2155
this section shall not create an expectancy of continued	2156
employment. Nothing in this section shall prevent the board from	2157
making the final determination regarding the renewal or nonrenewal	2158
of a principal's contract.	2159

(F) Termination of a principal's contract shall be in	2160
accordance with section 3319.16 of the Revised Code, except as	2161
follows:	2162

(1) Failure of the principal's building to meet academic	2163
performance standards established by the chief executive officer	2164
shall be considered good and just cause for termination under that	2165
section.	2166

(2) If the chief executive officer intends to recommend to	2167
the board that the principal's contract be terminated, the chief	2168
executive officer shall provide the principal a written copy of	2169
the principal's evaluation at least five days prior to making the	2170
recommendation to the board.	2171

Sec. 3311.85. (A) The board of education of each municipal	2172
school district annually shall approve a calendar or calendars	2173
establishing a school year that complies with the minimum school	2174
year prescribed by section 3313.48 of the Revised Code. The board	2175
has final authority to establish a school calendar, including the	2176
starting and ending times for the school day, for one or more of	2177
the district's school buildings that provides for additional	2178
student days or hours beyond the minimum prescribed by that	2179
section. A school's calendar may prescribe year-round instruction	2180
or an extended school day.	2181

(B) Notwithstanding any provision to the contrary in Chapter	2182
4117. of the Revised Code, the requirements and authorizations of	2183
this section prevail over any conflicting provisions of a	2184
collective bargaining agreement entered into on or after the	2185
effective date of this section. However, the district board and	2186
teachers' labor organization shall negotiate regarding any	2187
additional compensation for an extended school year or school day,	2188
consistent with section 3311.78 of the Revised Code.	2189

Sec. 3311.86. (A) As used in this section:

2190

(1) "Alliance" means a municipal school district	2191
transformation alliance established as a nonprofit corporation.	2192

(2) "Alliance municipal school district" means a municipal	2193
school district for which an alliance has been created under this	2194
section.	2195

(3) "Partnering community school" means a community school	2196
established under Chapter 3314. of the Revised Code that is	2197
located within the territory of a municipal school district and	2198
that either is sponsored by the district or is a party to an	2199
agreement with the district whereby the district and the community	2200
school endorse each other's programs.	2201

(4) "Transformation alliance education plan" means a plan	2202
prepared by the mayor, and confirmed by the alliance, to transform	2203
public education in the alliance municipal school district to a	2204
system of municipal school district schools and partnering	2205
community schools that will be held to the highest standards of	2206
school performance and student achievement.	2207

(B) If one or more partnering community schools are located	2208
in a municipal school district, the mayor may initiate proceedings	2209
to establish a municipal school district transformation alliance	2210
as a nonprofit corporation under Chapter 1702. of the Revised	2211
Code. The mayor shall have sole authority to appoint the directors	2212
of any alliance created under this section. The directors of the	2213
alliance shall include representatives of all of the following:	2214

(1) The municipal school district;

2215

(2) Partnering community schools;

2216

(3) Members of the community at large, including parents and	2217
educators;	2218

(4) The business community, including business leaders and	2219
foundation leaders.	2220

No one group listed in divisions (B)(1) to (4) of this	2221
section shall comprise a majority of the directors. The mayor	2222
shall be an ex officio director, and serve as the chairperson of	2223
the board of directors, of any alliance created under this	2224
section. If the proceedings are initiated, the mayor shall	2225
identify the directors in the articles of incorporation filed	2226
under section 1702.04 of the Revised Code.	2227

(C)(1) A majority of the members of the board of directors of	2228
the alliance shall constitute a quorum of the board. Any formal	2229
action taken by the board of directors shall take place at a	2230
meeting of the board and shall require the concurrence of a	2231
majority of the members of the board. Meetings of the board of	2232
directors shall be public meetings open to the public at all	2233
times, except that the board may hold an executive session for any	2234
of the purposes for which an executive session of a public body is	2235
permitted under division (G) of section 121.22 of the Revised	2236
Code. The board of directors shall establish reasonable methods	2237
whereby any person may determine the time and place of all of the	2238
board's public meetings and by which any person, upon request, may	2239
obtain reasonable advance notification of the board's public	2240
meetings. Provisions for that advance notification may include,	2241
but are not limited to, mailing notices to all subscribers on a	2242
mailing list or mailing notices in self-addressed, stamped	2243
envelopes provided by the person.	2244

(2) All records of the alliance shall be organized and	2245
maintained by the alliance and also filed with the department of	2246
education. The alliance and the department shall make those	2247
records available to the public as though those records were	2248
public records for purposes of Chapter 149. of the Revised Code.	2249
The department shall promptly notify the alliance upon the	2250
department's receipt of any requests for records relating to the	2251
alliance pursuant to section 149.43 of the Revised Code.	2252

(3) The board of directors of the alliance shall establish a	2253
conflicts of interest policy and shall adopt that policy, and any	2254
amendments to the policy, at a meeting of the board held in	2255
accordance with this section.	2256

(D) If an alliance is created under this section, the	2257
alliance shall do all of the following:	2258

(1) Report annually on the performance of all municipal	2259
school district schools and all community schools established	2260
under Chapter 3314. of the Revised Code and located in the	2261
district, using the criteria adopted under division (B) of section	2262
3311.87 of the Revised Code;	2263

(2) Confirm and monitor implementation of the transformation	2264
alliance education plan;	2265

(3) Suggest national education models for and provide input	2266
in the development of new municipal school district schools and	2267
partnering community schools.	2268

(E) Divisions (E)(1) to (3) of this section apply to each	2269
community school sponsor that is subject to approval by the	2270
department of education under section 3314.015 of the Revised Code	2271
whose approval under that section is granted or renewed on or	2272
after the effective date of this section. Divisions (E)(1) to (3)	2273
of this section do not apply to a sponsor that has been approved	2274
by the department prior to that date, until the sponsor's approval	2275
is renewed or granted anew on or after that date.	2276

(1) Before a sponsor to which this section applies may	2277
sponsor new community schools in an alliance municipal school	2278
district, the sponsor shall request recommendation from the	2279
alliance to sponsor community schools in the district.	2280

(2) The alliance shall review the sponsor's application and	2281
shall make a recommendation based on the standards for sponsors	2282
developed under division (A)(2) of section 3311.87 of the Revised	2283
Code.	2284

(3) The department shall use the standards developed under	2285
division (A)(2) of section 3311.87 of the Revised Code, in	2286
addition to any other requirements of the Revised Code, to review	2287
a sponsor's request and make a final determination, on	2288
recommendation of the alliance, of whether the sponsor may sponsor	2289
new community schools in the alliance municipal school district.	2290

No sponsor shall be required to receive authorization to	2291
sponsor new community schools under division (E)(3) of this	2292
section more than one time.	2293

(F) Directors, officers, and employees of an alliance are not	2294
public employees or public officials, are not subject to Chapters	2295
124., 145., and 4117. of the Revised Code, and are not "public	2296
officials" or "public servants" as defined in section 2921.01 of	2297
the Revised Code. Membership on the board of directors of an	2298
alliance does not constitute the holding of an incompatible public	2299
office or employment in violation of any statutory or common law	2300
prohibition against the simultaneous holding of more than one	2301
public office or employment. Members of the board of directors of	2302
an alliance are not disqualified from holding any public office by	2303
reason of that membership, and do not forfeit by reason of that	2304
membership the public office or employment held when appointed to	2305
the board, notwithstanding any contrary disqualification or	2306
forfeiture requirement under the Revised Code or the common law of	2307
this state.	2308

(G) The authority to establish an alliance under this section	2309
expires on January 1, 2018. Any alliance established under this	2310
section is terminated, and any related authority granted to the	2311
alliance under this section expires on that date.	2312

Sec. 3311.87. The department of education, in conjunction	2313
with the municipal school district transformation alliance	2314
established under section 3311.86 of the Revised Code, if such an	2315
alliance is established under that section, and a statewide	2316
nonprofit organization whose membership is comprised solely of	2317
entities that sponsor community schools and whose members sponsor	2318
the majority of start-up community schools in the state, shall do	2319
all of the following:	2320

(A) Not later than December 31, 2012, establish both of the	2321
following:	2322

(1) Objective criteria to be used by a sponsor to determine	2323
if it will sponsor new community schools located within the	2324
municipal school district. Beginning with any community school	2325
that opens after July 1, 2013, each sponsor shall use the criteria	2326
established under this division to determine whether to sponsor a	2327
community school in the municipal district.	2328

(2) Criteria for assessing the ability of a sponsor to	2329
successfully sponsor a community school in a municipal school	2330
district.	2331

The criteria adopted under divisions (A)(1) and (2) of this	2332
section shall be based on standards issued by the national	2333
association of charter school authorizers or any other nationally	2334
organized community or charter school organization.	2335

(B) Not later than April 30, 2013, establish a comprehensive	2336
framework to assess the efficacy of district schools and community	2337
schools located in the municipal school district. Where possible,	2338
the framework shall be based on nationally accepted quality	2339
standards and principles for schools and shall be specific to a	2340
school's model, mission, and student populations.	2341

Sec. 3313.975. As used in this section and in sections	2342
~~3313.975~~3313.976 to 3313.979 of the Revised Code, "the pilot	2343
project school district" or "the district" means any school	2344
district included in the pilot project scholarship program	2345
pursuant to this section.	2346

(A) The superintendent of public instruction shall establish	2347
a pilot project scholarship program and shall include in such	2348
program any school districts that are or have ever been under	2349
federal court order requiring supervision and operational	2350
management of the district by the state superintendent. The	2351
program shall provide for a number of students residing in any	2352
such district to receive scholarships to attend alternative	2353
schools, and for an equal number of students to receive tutorial	2354
assistance grants while attending public school in any such	2355
district.	2356

(B) The state superintendent shall establish an application	2357
process and deadline for accepting applications from students	2358
residing in the district to participate in the scholarship	2359
program. In the initial year of the program students may only use	2360
a scholarship to attend school in grades kindergarten through	2361
third.	2362

The state superintendent shall award as many scholarships and	2363
tutorial assistance grants as can be funded given the amount	2364
appropriated for the program. In no case, however, shall more than	2365
fifty per cent of all scholarships awarded be used by students who	2366
were enrolled in a nonpublic school during the school year of	2367
application for a scholarship.	2368

(C)(1) The pilot project program shall continue in effect	2369
each year that the general assembly has appropriated sufficient	2370
money to fund scholarships and tutorial assistance grants. In each	2371
year the program continues, new students may receive scholarships	2372
in grades kindergarten to twelve. A student who has received a	2373
scholarship may continue to receive one until the student has	2374
completed grade twelve.	2375

(2) If the general assembly discontinues the scholarship	2376
program, all students who are attending an alternative school	2377
under the pilot project shall be entitled to continued admittance	2378
to that specific school through all grades that are provided in	2379
such school, under the same conditions as when they were	2380
participating in the pilot project. The state superintendent shall	2381
continue to make scholarship payments in accordance with division	2382
(A) or (B) of section 3313.979 of the Revised Code for students	2383
who remain enrolled in an alternative school under this provision	2384
in any year that funds have been appropriated for this purpose.	2385

If funds are not appropriated, the tuition charged to the	2386
parents of a student who remains enrolled in an alternative school	2387
under this provision shall not be increased beyond the amount	2388
equal to the amount of the scholarship plus any additional amount	2389
charged that student's parent in the most recent year of	2390
attendance as a participant in the pilot project, except that	2391
tuition for all the students enrolled in such school may be	2392
increased by the same percentage.	2393

(D) Notwithstanding sections 124.39, 3307.54, and ~~3319.17~~	2394
3311.83 of the Revised Code, if the pilot project school district	2395
experiences a decrease in enrollment due to participation in a	2396
state-sponsored scholarship program pursuant to sections 3313.974	2397
to 3313.979 of the Revised Code, the district board of education	2398
may enter into an agreement with any teacher it employs to provide	2399
to that teacher severance pay or early retirement incentives, or	2400
both, if the teacher agrees to terminate the employment contract	2401
with the district board, provided any collective bargaining	2402
agreement in force pursuant to Chapter 4117. of the Revised Code	2403
does not prohibit such an agreement for termination of a teacher's	2404
employment contract.	2405

Sec. 3314.10. (A)(1) The governing authority of any	2406
community school established under this chapter may employ	2407
teachers and nonteaching employees necessary to carry out its	2408
mission and fulfill its contract.	2409

(2) Except as provided under division (A)(3) of this section,	2410
employees hired under this section may organize and collectively	2411
bargain pursuant to Chapter 4117. of the Revised Code.	2412
Notwithstanding division (D)(1) of section 4117.06 of the Revised	2413
Code, a unit containing teaching and nonteaching employees	2414
employed under this section shall be considered an appropriate	2415
unit. As applicable, employment under this section is subject to	2416
either Chapter 3307. or 3309. of the Revised Code.	2417

(3) If a school is created by converting all or part of an	2418
existing public school rather than by establishment of a new	2419
start-up school, at the time of conversion, the employees of the	2420
community school shall remain part of any collective bargaining	2421
unit in which they were included immediately prior to the	2422
conversion and shall remain subject to any collective bargaining	2423
agreement for that unit in effect on the first day of July of the	2424
year in which the community school initially begins operation and	2425
shall be subject to any subsequent collective bargaining agreement	2426
for that unit, unless a petition is certified as sufficient under	2427
division (A)(6) of this section with regard to those employees.	2428
Any new employees of the community school shall also be included	2429
in the unit to which they would have been assigned had not the	2430
conversion taken place and shall be subject to the collective	2431
bargaining agreement for that unit unless a petition is certified	2432
as sufficient under division (A)(6) of this section with regard to	2433
those employees.	2434

Notwithstanding division (B) of section 4117.01 of the	2435
Revised Code, the board of education of a school district and not	2436
the governing authority of a community school shall be regarded,	2437
for purposes of Chapter 4117. of the Revised Code, as the "public	2438
employer" of the employees of a conversion community school	2439
subject to a collective bargaining agreement pursuant to division	2440
(A)(3) of this section unless a petition is certified under	2441
division (A)(6) of this section with regard to those employees.	2442
Only on and after the effective date of a petition certified as	2443
sufficient under division (A)(6) of this section shall division	2444
(A)(2) of this section apply to those employees of that community	2445
school and only on and after the effective date of that petition	2446
shall Chapter 4117. of the Revised Code apply to the governing	2447
authority of that community school with regard to those employees.	2448

(4) Notwithstanding sections 4117.03 to 4117.18 of the	2449
Revised Code and Section 4 of Amended Substitute Senate Bill No.	2450
133 of the 115th general assembly, the employees of a conversion	2451
community school who are subject to a collective bargaining	2452
agreement pursuant to division (A)(3) of this section shall cease	2453
to be subject to that agreement and all subsequent agreements	2454
pursuant to that division and shall cease to be part of the	2455
collective bargaining unit that is subject to that and all	2456
subsequent agreements, if a majority of the employees of that	2457
community school who are subject to that collective bargaining	2458
agreement sign and submit to the state employment relations board	2459
a petition requesting all of the following:	2460

(a) That all the employees of the community school who are	2461
subject to that agreement be removed from the bargaining unit that	2462
is subject to that agreement and be designated by the state	2463
employment relations board as a new and separate bargaining unit	2464
for purposes of Chapter 4117. of the Revised Code;	2465

(b) That the employee organization certified as the exclusive	2466
representative of the employees of the bargaining unit from which	2467
the employees are to be removed be certified as the exclusive	2468
representative of the new and separate bargaining unit for	2469
purposes of Chapter 4117. of the Revised Code;	2470

(c) That the governing authority of the community school be	2471
regarded as the "public employer" of these employees for purposes	2472
of Chapter 4117. of the Revised Code.	2473

(5) Notwithstanding sections 4117.03 to 4117.18 of the	2474
Revised Code and Section 4 of Amended Substitute Senate Bill No.	2475
133 of the 115th general assembly, the employees of a conversion	2476
community school who are subject to a collective bargaining	2477
agreement pursuant to division (A)(3) of this section shall cease	2478
to be subject to that agreement and all subsequent agreements	2479
pursuant to that division, shall cease to be part of the	2480
collective bargaining unit that is subject to that and all	2481
subsequent agreements, and shall cease to be represented by any	2482
exclusive representative of that collective bargaining unit, if a	2483
majority of the employees of the community school who are subject	2484
to that collective bargaining agreement sign and submit to the	2485
state employment relations board a petition requesting all of the	2486
following:	2487

(a) That all the employees of the community school who are	2488
subject to that agreement be removed from the bargaining unit that	2489
is subject to that agreement;	2490

(b) That any employee organization certified as the exclusive	2491
representative of the employees of that bargaining unit be	2492
decertified as the exclusive representative of the employees of	2493
the community school who are subject to that agreement;	2494

(c) That the governing authority of the community school be	2495
regarded as the "public employer" of these employees for purposes	2496
of Chapter 4117. of the Revised Code.	2497

(6) Upon receipt of a petition under division (A)(4) or (5)	2498
of this section, the state employment relations board shall check	2499
the sufficiency of the signatures on the petition. If the	2500
signatures are found sufficient, the board shall certify the	2501
sufficiency of the petition and so notify the parties involved,	2502
including the board of education, the governing authority of the	2503
community school, and any exclusive representative of the	2504
bargaining unit. The changes requested in a certified petition	2505
shall take effect on the first day of the month immediately	2506
following the date on which the sufficiency of the petition is	2507
certified under division (A)(6) of this section.	2508

(B)(1) The board of education of each city, local, and	2509
exempted village school district sponsoring a community school and	2510
the governing board of each educational service center in which a	2511
community school is located shall adopt a policy that provides a	2512
leave of absence of at least three years to each teacher or	2513
nonteaching employee of the district or service center who is	2514
employed by a conversion or new start-up community school	2515
sponsored by the district or located in the district or center for	2516
the period during which the teacher or employee is continuously	2517
employed by the community school. The policy shall also provide	2518
that any teacher or nonteaching employee may return to employment	2519
by the district or service center if the teacher or employee	2520
leaves or is discharged from employment with the community school	2521
for any reason, unless, in the case of a teacher, the board of the	2522
district or service center determines that the teacher was	2523
discharged for a reason for which the board would have sought to	2524
discharge the teacher under section 3311.82 or 3319.16 of the	2525
Revised Code, in which case the board may proceed to discharge the	2526
teacher utilizing the procedures of that section. Upon termination	2527
of such a leave of absence, any seniority that is applicable to	2528
the person shall be calculated to include all of the following:	2529
all employment by the district or service center prior to the	2530
leave of absence; all employment by the community school during	2531
the leave of absence; and all employment by the district or	2532
service center after the leave of absence. The policy shall also	2533
provide that if any teacher holding valid certification returns to	2534
employment by the district or service center upon termination of	2535
such a leave of absence, the teacher shall be restored to the	2536
previous position and salary or to a position and salary similar	2537
thereto. If, as a result of teachers returning to employment upon	2538
termination of such leaves of absence, a school district or	2539
educational service center reduces the number of teachers it	2540
employs, it shall make such reductions in accordance with section	2541
3319.171 of the Revised Code.	2542

Unless a collective bargaining agreement providing otherwise	2543
is in effect for an employee of a conversion community school	2544
pursuant to division (A)(3) of this section, an employee on a	2545
leave of absence pursuant to this division shall remain eligible	2546
for any benefits that are in addition to benefits under Chapter	2547
3307. or 3309. of the Revised Code provided by the district or	2548
service center to its employees provided the employee pays the	2549
entire cost associated with such benefits, except that personal	2550
leave and vacation leave cannot be accrued for use as an employee	2551
of a school district or service center while in the employ of a	2552
community school unless the district or service center board	2553
adopts a policy expressly permitting this accrual.	2554

(2) While on a leave of absence pursuant to division (B)(1)	2555
of this section, a conversion community school shall permit a	2556
teacher to use sick leave accrued while in the employ of the	2557
school district from which the leave of absence was taken and	2558
prior to commencing such leave. If a teacher who is on such a	2559
leave of absence uses sick leave so accrued, the cost of any	2560
salary paid by the community school to the teacher for that time	2561
shall be reported to the department of education. The cost of	2562
employing a substitute teacher for that time shall be paid by the	2563
community school. The department of education shall add amounts to	2564
the payments made to a community school under this chapter as	2565
necessary to cover the cost of salary reported by a community	2566
school as paid to a teacher using sick leave so accrued pursuant	2567
to this section. The department shall subtract the amounts of any	2568
payments made to community schools under this division from	2569
payments made to such sponsoring school district under Chapter	2570
3317. of the Revised Code.	2571

A school district providing a leave of absence and employee	2572
benefits to a person pursuant to this division is not liable for	2573
any action of that person while the person is on such leave and	2574
employed by a community school.	2575

Sec. 3316.07. (A) A school district financial planning and	2576
supervision commission has the following powers, duties, and	2577
functions:	2578

(1) To review or to assume responsibility for the development	2579
of all tax budgets, tax levy and bond and note resolutions,	2580
appropriation measures, and certificates of estimated resources of	2581
the school district in order to ensure that such are consistent	2582
with the financial recovery plan and a balanced appropriation	2583
budget for the current fiscal year, and to request and review any	2584
supporting information upon which the financial recovery plan and	2585
balanced appropriation budget may be developed and based, and to	2586
determine whether revenue estimates and estimates of expenditures	2587
and appropriations will result in a balanced budget;	2588

(2) To inspect and secure copies of any document, resolution,	2589
or instrument pertaining to the effective financial accounting and	2590
reporting system, debt obligations, debt limits, financial	2591
recovery plan, balanced appropriation budgets, appropriation	2592
measures, report of audit, statement or invoice, or other	2593
worksheet or record of the school district;	2594

(3) To inspect and secure copies of any document, instrument,	2595
certification, records of proceedings, or other worksheet or	2596
records of the county budget commission, county auditor, or other	2597
official or employee of the school district or of any other	2598
political subdivision or agency of government of the state;	2599

(4) To review, revise, and approve determinations and	2600
certifications affecting the school district made by the county	2601
budget commission or county auditor pursuant to Chapter 5705. of	2602
the Revised Code to ensure that such determinations and	2603
certifications are consistent with the laws of the state;	2604

(5) To bring civil actions, including mandamus, to enforce	2605
this chapter;	2606

(6) After consultation with the officials of the school	2607
district and the auditor of state, to implement or require	2608
implementation of any necessary or appropriate steps to bring the	2609
books of account, accounting systems, and financial procedures and	2610
reports of the school district into compliance with requirements	2611
prescribed by the auditor of state, and to assume responsibility	2612
for achieving such compliance and for making any desirable	2613
modifications and supplementary systems and procedures pertinent	2614
to the school district;	2615

(7) To assist or provide assistance to the school district or	2616
to assume the total responsibility for the structuring or the	2617
terms of, and the placement for sale of, debt obligations of the	2618
school district;	2619

(8) To perform all other powers, duties, and functions as	2620
provided under this chapter;	2621

(9) To make and enter into all contracts and agreements	2622
necessary or incidental to the performance of its duties and the	2623
exercise of its powers under this chapter;	2624

(10) To consult with officials of the school district and	2625
make recommendations or assume the responsibility for implementing	2626
cost reductions and revenue increases to achieve balanced budgets	2627
and carry out the financial recovery plan in accordance with this	2628
chapter;	2629

(11) To make reductions in force to bring the school	2630
district's budget into balance, notwithstanding division (A) of	2631
section 3311.83, section 3319.081, and divisions (A) and (B) of	2632
section 3319.17 of the Revised Code, notwithstanding any provision	2633
of a policy adopted under section 3319.171 of the Revised Code,	2634
and notwithstanding any provision to the contrary in section	2635
4117.08 or 4117.10 of the Revised Code or in any collective	2636
bargaining agreement entered into on or after November 21, 1997.	2637

In making reductions in force, the commission shall first	2638
consider reasonable reductions among the administrative and	2639
~~non-teaching~~nonteaching employees of the school district giving	2640
due regard to ensuring the district's ability to maintain the	2641
personnel, programs, and services essential to the provision of an	2642
adequate educational program.	2643

In making these reductions in ~~non-teaching~~nonteaching	2644
employees in districts where Chapter 124. of the Revised Code	2645
controls such reductions, the reductions shall be made in	2646
accordance with sections 124.321 to 124.327 of the Revised Code.	2647
In making these reductions in ~~non-teaching~~nonteaching employees	2648
in districts where Chapter 124. of the Revised Code does not	2649
control these reductions, within each category of ~~non-teaching~~	2650
nonteaching employees, the commission shall give preference to	2651
those employees with continuing contracts or non-probationary	2652
status and who have greater seniority.	2653

If revenues and expenditures cannot be balanced by reasonable	2654
reductions in administrative and ~~non-teaching~~nonteaching	2655
employees, the commission may also make reasonable reductions in	2656
the number of teaching contracts. If the commission finds it	2657
necessary to suspend teaching contracts, it shall suspend them in	2658
accordance with divisions (B) to (D) of section 3311.83 or	2659
division (C) of section 3319.17 of the Revised Code but shall	2660
consider a reduction in non-classroom teachers before classroom	2661
teachers.	2662

(B) During the fiscal emergency period, the commission shall,	2663
in addition to other powers:	2664

(1) With respect to the appropriation measure in effect at	2665
the commencement of the fiscal emergency period of the school	2666
district if that period commenced more than three months prior to	2667
the end of the current fiscal year, and otherwise with respect to	2668
the appropriation measure for the next fiscal year:	2669

(a) Review and determine the adequacy of all revenues to meet	2670
all expenditures for such fiscal year;	2671

(b) Review and determine the extent of any deficiency of	2672
revenues to meet such expenditures;	2673

(c) Require the school district board or superintendent to	2674
provide justification documents to substantiate, to the extent and	2675
in the manner considered necessary, any item of revenue or	2676
appropriation;	2677

(d) Not later than sixty days after taking office or after	2678
receiving the appropriation measure for the next fiscal year,	2679
issue a public report regarding its review pursuant to division	2680
(B)(1) of this section.	2681

(2) Require the school district board, by resolution, to	2682
establish monthly levels of expenditures and encumbrances	2683
consistent with the financial recovery plan and the commission's	2684
review pursuant to divisions (B)(1)(a) and (b) of this section, or	2685
establish such levels itself. If the commission permits the	2686
district board to make expenditures, the commission shall monitor	2687
the monthly levels of expenditures and encumbrances and require	2688
justification documents to substantiate any departure from any	2689
approved level. No district board shall make any expenditure apart	2690
from the approved level without the written approval of the	2691
commission.	2692

(C) In making any determination pursuant to division (B) of	2693
this section, the commission may rely on any information	2694
considered in its judgment reliable or material and shall not be	2695
restricted by any tax budget or certificate or any other document	2696
the school district may have adopted or received from any other	2697
governmental agency.	2698

(D) County, state, and school district officers or employees	2699
shall assist the commission diligently and promptly in the	2700
prosecution of its duties, including the furnishing of any	2701
materials, including justification documents, required.	2702

(E) Annually on or before the first day of April during the	2703
fiscal emergency period, the commission shall make reports and	2704
recommendations to the speaker of the house of representatives and	2705
the president of the senate concerning progress of the school	2706
district to eliminate fiscal emergency conditions, failures of the	2707
school district to comply with this chapter, and recommendations	2708
for further actions to attain the objectives of this chapter,	2709
including any legislative action needed to make provisions of law	2710
more effective for their purposes, or to enhance revenue raising	2711
or financing capabilities of school districts. The commission may	2712
make such interim reports as it considers appropriate for such	2713
purposes and shall make such additional reports as may be	2714
requested by either house of the general assembly.	2715

Sec. 3319.02. (A)(1) As used in this section, "other	2716
administrator" means any of the following:	2717

(a) Except as provided in division (A)(2) of this section,	2718
any employee in a position for which a board of education requires	2719
a license designated by rule of the department of education for	2720
being an administrator issued under section 3319.22 of the Revised	2721
Code, including a professional pupil services employee or	2722
administrative specialist or an equivalent of either one who is	2723
not employed as a school counselor and spends less than fifty per	2724
cent of the time employed teaching or working with students;	2725

(b) Any nonlicensed employee whose job duties enable such	2726
employee to be considered as either a "supervisor" or a	2727
"management level employee," as defined in section 4117.01 of the	2728
Revised Code;	2729

(c) A business manager appointed under section 3319.03 of the	2730
Revised Code.	2731

(2) As used in this section, "other administrator" does not	2732
include a superintendent, assistant superintendent, principal, or	2733
assistant principal.	2734

(B) The board of education of each school district and the	2735
governing board of an educational service center may appoint one	2736
or more assistant superintendents and such other administrators as	2737
are necessary. An assistant educational service center	2738
superintendent or service center supervisor employed on a	2739
part-time basis may also be employed by a local board as a	2740
teacher. The board of each city, exempted village, and local	2741
school district shall employ principals for all high schools and	2742
for such other schools as the board designates, and those boards	2743
may appoint assistant principals for any school that they	2744
designate.	2745

(C) In educational service centers and in city, exempted	2746
village, and local school districts, assistant superintendents,	2747
principals, assistant principals, and other administrators shall	2748
only be employed or reemployed in accordance with nominations of	2749
the superintendent, except that a board of education of a school	2750
district or the governing board of a service center, by a	2751
three-fourths vote of its full membership, may reemploy any	2752
assistant superintendent, principal, assistant principal, or other	2753
administrator whom the superintendent refuses to nominate.	2754

The board of education or governing board shall execute a	2755
written contract of employment with each assistant superintendent,	2756
principal, assistant principal, and other administrator it employs	2757
or reemploys. The term of such contract shall not exceed three	2758
years except that in the case of a person who has been employed as	2759
an assistant superintendent, principal, assistant principal, or	2760
other administrator in the district or center for three years or	2761
more, the term of the contract shall be for not more than five	2762
years and, unless the superintendent of the district recommends	2763
otherwise, not less than two years. If the superintendent so	2764
recommends, the term of the contract of a person who has been	2765
employed by the district or service center as an assistant	2766
superintendent, principal, assistant principal, or other	2767
administrator for three years or more may be one year, but all	2768
subsequent contracts granted such person shall be for a term of	2769
not less than two years and not more than five years. When a	2770
teacher with continuing service status becomes an assistant	2771
superintendent, principal, assistant principal, or other	2772
administrator with the district or service center with which the	2773
teacher holds continuing service status, the teacher retains such	2774
status in the teacher's nonadministrative position as provided in	2775
sections 3311.77, 3319.08, and 3319.09 of the Revised Code.	2776

A board of education or governing board may reemploy an	2777
assistant superintendent, principal, assistant principal, or other	2778
administrator at any regular or special meeting held during the	2779
period beginning on the first day of January of the calendar year	2780
immediately preceding the year of expiration of the employment	2781
contract and ending on the last day of March of the year the	2782
employment contract expires.	2783

Except by mutual agreement of the parties thereto, no	2784
assistant superintendent, principal, assistant principal, or other	2785
administrator shall be transferred during the life of a contract	2786
to a position of lesser responsibility. No contract may be	2787
terminated by a board except pursuant to section 3319.16 of the	2788
Revised Code. No contract may be suspended except pursuant to	2789
section 3319.17 or 3319.171 of the Revised Code. The salaries and	2790
compensation prescribed by such contracts shall not be reduced by	2791
a board unless such reduction is a part of a uniform plan	2792
affecting the entire district or center. The contract shall	2793
specify the employee's administrative position and duties as	2794
included in the job description adopted under division (D) of this	2795
section, the salary and other compensation to be paid for	2796
performance of duties, the number of days to be worked, the number	2797
of days of vacation leave, if any, and any paid holidays in the	2798
contractual year.	2799

An assistant superintendent, principal, assistant principal,	2800
or other administrator is, at the expiration of the current term	2801
of employment, deemed reemployed at the same salary plus any	2802
increments that may be authorized by the board, unless such	2803
employee notifies the board in writing to the contrary on or	2804
before the first day of June, or unless such board, on or before	2805
the last day of March of the year in which the contract of	2806
employment expires, either reemploys such employee for a	2807
succeeding term or gives written notice of its intention not to	2808
reemploy the employee. The term of reemployment of a person	2809
reemployed under this paragraph shall be one year, except that if	2810
such person has been employed by the school district or service	2811
center as an assistant superintendent, principal, assistant	2812
principal, or other administrator for three years or more, the	2813
term of reemployment shall be two years.	2814

(D)(1) Each board shall adopt procedures for the evaluation	2815
of all assistant superintendents, principals, assistant	2816
principals, and other administrators and shall evaluate such	2817
employees in accordance with those procedures. The procedures for	2818
the evaluation of principals shall be based on principles	2819
comparable to the teacher evaluation policy adopted by the board	2820
under section 3319.111 of the Revised Code, but shall be tailored	2821
to the duties and responsibilities of principals and the	2822
environment in which principals work. An evaluation based upon	2823
procedures adopted under this division shall be considered by the	2824
board in deciding whether to renew the contract of employment of	2825
an assistant superintendent, principal, assistant principal, or	2826
other administrator.	2827

(2) The evaluation shall measure each assistant	2828
superintendent's, principal's, assistant principal's, and other	2829
administrator's effectiveness in performing the duties included in	2830
the job description and the evaluation procedures shall provide	2831
for, but not be limited to, the following:	2832

(a) Each assistant superintendent, principal, assistant	2833
principal, and other administrator shall be evaluated annually	2834
through a written evaluation process.	2835

(b) The evaluation shall be conducted by the superintendent	2836
or designee.	2837

(c) In order to provide time to show progress in correcting	2838
the deficiencies identified in the evaluation process, the	2839
evaluation process shall be completed as follows:	2840

(i) In any school year that the employee's contract of	2841
employment is not due to expire, at least one evaluation shall be	2842
completed in that year. A written copy of the evaluation shall be	2843
provided to the employee no later than the end of the employee's	2844
contract year as defined by the employee's annual salary notice.	2845

(ii) In any school year that the employee's contract of	2846
employment is due to expire, at least a preliminary evaluation and	2847
at least a final evaluation shall be completed in that year. A	2848
written copy of the preliminary evaluation shall be provided to	2849
the employee at least sixty days prior to any action by the board	2850
on the employee's contract of employment. The final evaluation	2851
shall indicate the superintendent's intended recommendation to the	2852
board regarding a contract of employment for the employee. A	2853
written copy of the evaluation shall be provided to the employee	2854
at least five days prior to the board's acting to renew or not	2855
renew the contract.	2856

(3) Termination of an assistant superintendent, principal,	2857
assistant principal, or other administrator's contract shall be	2858
pursuant to section 3319.16 of the Revised Code. Suspension of any	2859
such employee shall be pursuant to section 3319.17 or 3319.171 of	2860
the Revised Code.	2861

(4) Before taking action to renew or nonrenew the contract of	2862
an assistant superintendent, principal, assistant principal, or	2863
other administrator under this section and prior to the last day	2864
of March of the year in which such employee's contract expires,	2865
the board shall notify each such employee of the date that the	2866
contract expires and that the employee may request a meeting with	2867
the board. Upon request by such an employee, the board shall grant	2868
the employee a meeting in executive session. In that meeting, the	2869
board shall discuss its reasons for considering renewal or	2870
nonrenewal of the contract. The employee shall be permitted to	2871
have a representative, chosen by the employee, present at the	2872
meeting.	2873

(5) The establishment of an evaluation procedure shall not	2874
create an expectancy of continued employment. Nothing in division	2875
(D) of this section shall prevent a board from making the final	2876
determination regarding the renewal or nonrenewal of the contract	2877
of any assistant superintendent, principal, assistant principal,	2878
or other administrator. However, if a board fails to provide	2879
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	2880
section, or if the board fails to provide at the request of the	2881
employee a meeting as prescribed in division (D)(4) of this	2882
section, the employee automatically shall be reemployed at the	2883
same salary plus any increments that may be authorized by the	2884
board for a period of one year, except that if the employee has	2885
been employed by the district or service center as an assistant	2886
superintendent, principal, assistant principal, or other	2887
administrator for three years or more, the period of reemployment	2888
shall be for two years.	2889

(E) On nomination of the superintendent of a service center a	2890
governing board may employ supervisors who shall be employed under	2891
written contracts of employment for terms not to exceed five years	2892
each. Such contracts may be terminated by a governing board	2893
pursuant to section 3319.16 of the Revised Code. Any supervisor	2894
employed pursuant to this division may terminate the contract of	2895
employment at the end of any school year after giving the board at	2896
least thirty days' written notice prior to such termination. On	2897
the recommendation of the superintendent the contract or contracts	2898
of any supervisor employed pursuant to this division may be	2899
suspended for the remainder of the term of any such contract	2900
pursuant to section 3319.17 or 3319.171 of the Revised Code.	2901

(F) A board may establish vacation leave for any individuals	2902
employed under this section. Upon such an individual's separation	2903
from employment, a board that has such leave may compensate such	2904
an individual at the individual's current rate of pay for all	2905
lawfully accrued and unused vacation leave credited at the time of	2906
separation, not to exceed the amount accrued within three years	2907
before the date of separation. In case of the death of an	2908
individual employed under this section, such unused vacation leave	2909
as the board would have paid to the individual upon separation	2910
under this section shall be paid in accordance with section	2911
2113.04 of the Revised Code, or to the estate.	2912

(G) The board of education of any school district may	2913
contract with the governing board of the educational service	2914
center from which it otherwise receives services to conduct	2915
searches and recruitment of candidates for assistant	2916
superintendent, principal, assistant principal, and other	2917
administrator positions authorized under this section.	2918

Sec. 3319.071. The board of education of any school district	2919
may, by resolution, establish a professional development program	2920
for teachers in accordance with which it may reimburse teachers	2921
employed by the district for all or any part of the cost incurred	2922
by the teacher in the successful completion of a course or	2923
training program in which the teacher enrolled as part of the	2924
development program. The terms and conditions for participation	2925
shall be determined by the board and shall be included in the	2926
resolution establishing the program.	2927

No teacher shall be required to participate in a professional	2928
development program under this section. When a teacher is	2929
participating in such a program, such participation does not	2930
constitute the performance of duties by such teacher in addition	2931
to the teacher's regular teaching duties and is not subject to	2932
section 3311.77 or 3319.08 of the Revised Code.	2933

As used in this section, "teacher" has the meaning contained	2934
in division (A) of section 3319.09 of the Revised Code.	2935

Sec. 3319.10. Teachers may be employed as substitute	2936
teachers for terms not to exceed one year for assignment as	2937
services are needed to take the place of regular teachers absent	2938
on account of illness or on leaves of absence or to fill	2939
temporarily positions created by emergencies; such assignment to	2940
be subject to termination when such services no longer are needed.	2941

A teacher employed as a substitute with an assignment to one	2942
specific teaching position shall after sixty days of service be	2943
granted sick leave, visiting days, and other local privileges	2944
granted to regular teachers including a salary not less than the	2945
minimum salary on the current adopted salary schedule.	2946

A teacher employed as a substitute for one hundred twenty	2947
days or more during a school year and re-employed for or assigned	2948
to a specific teaching position for the succeeding year shall	2949
receive a contract as a regular teacher if the substitute meets	2950
the local educational requirements for the employment of regular	2951
teachers.	2952

Teachers employed as substitutes on a casual or day-to-day	2953
basis shall not be entitled to the notice of nonre-employment	2954
prescribed in section 3311.81 or 3319.11 of the Revised Code, but	2955
boards of education may grant such teachers sick leave and other	2956
local privileges and cumulate such service in determining	2957
seniority.	2958

For purposes of determining in any school year the days of	2959
service of a substitute teacher under this section, any teacher's	2960
days of service in that school year while conditionally employed	2961
as a substitute teacher under section 3319.101 of the Revised Code	2962
shall count as days of service as a substitute teacher under this	2963
section.	2964

Sec. 3319.112. (A) Not later than December 31, 2011, the	2965
state board of education shall develop a standards-based state	2966
framework for the evaluation of teachers. The framework shall	2967
establish an evaluation system that does the following:	2968

(1) Provides for multiple evaluation factors, including	2969
student academic growth which shall account for fifty per cent of	2970
each evaluation;	2971

(2) Is aligned with the standards for teachers adopted under	2972
section 3319.61 of the Revised Code;	2973

(3) Requires observation of the teacher being evaluated,	2974
including at least two formal observations by the evaluator of at	2975
least thirty minutes each and classroom walk-throughs;	2976

(4) Assigns a rating on each evaluation in accordance with	2977
division (B) of this section;	2978

(5) Requires each teacher to be provided with a written	2979
report of the results of the teacher's evaluation;	2980

(6) Identifies measures of student academic growth for grade	2981
levels and subjects for which the value-added progress dimension	2982
prescribed by section 3302.021 of the Revised Code does not apply;	2983

(7) Implements a classroom-level, value-added program	2984
developed by a nonprofit organization described in division (B) of	2985
section 3302.021 of the Revised Code;	2986

(8) Provides for professional development to accelerate and	2987
continue teacher growth and provide support to poorly performing	2988
teachers;	2989

(9) Provides for the allocation of financial resources to	2990
support professional development.	2991

(B) For purposes of the framework developed under this	2992
section, the state board also shall do the following:	2993

(1) Develop specific standards and criteria that distinguish	2994
between the following levels of performance for teachers and	2995
principals for the purpose of assigning ratings on the evaluations	2996
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	2997
of the Revised Code:	2998

(a) Accomplished;

2999

(b) Proficient;

3000

3001

(d) Ineffective.

3002

(2) For grade levels and subjects for which the assessments	3003
prescribed under sections 3301.0710 and 3301.0712 of the Revised	3004
Code and the value-added progress dimension prescribed by section	3005
3302.021 of the Revised Code do not apply, develop a list of	3006
student assessments that measure mastery of the course content for	3007
the appropriate grade level, which may include nationally normed	3008
standardized assessments, industry certification examinations, or	3009
end-of-course examinations.	3010

(C) The state board shall consult with experts, teachers and	3011
principals employed in public schools, and representatives of	3012
stakeholder groups in developing the standards and criteria	3013
required by division (B)(1) of this section.	3014

(D) To assist school districts in developing evaluation	3015
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	3016
the Revised Code, the department shall do both of the following:	3017

(1) Serve as a clearinghouse of promising evaluation	3018
procedures and evaluation models that districts may use;	3019

(2) Provide technical assistance to districts in creating	3020
evaluation policies.	3021

Sec. 3319.12. Each board of education shall cause notice to	3022
be given annually not later than the first day of July to each	3023
teacher who holds a contract valid for the succeeding school year,	3024
as to the salary to be paid such teacher during such year. Such	3025
salary shall not be lower than the salary paid during the	3026
preceding school year unless such reduction is a part of a uniform	3027
plan affecting the entire district. This section does not prevent	3028
increases of salary after the board's annual notice has been	3029
given.	3030

Except by mutual agreement of the parties thereto a teacher	3031
employed under a contract of employment in an administrative, or	3032
supervisory position in a school district, or in any position	3033
provided for by section 3319.01 or 3319.02 of the Revised Code,	3034
shall not be transferred during the life of ~~his~~the teacher's	3035
contract to a position of lesser responsibility. No contract or	3036
supplemental contract for the employment of a teacher, whether for	3037
an administrative or supervisory position, a position provided for	3038
by sections 3319.01 and 3319.02 of the Revised Code, regular	3039
teaching duties, or additional duties, may be terminated or	3040
suspended by a board of education except pursuant to section	3041
3311.82, 3319.02, or 3319.16 of the Revised Code, and the salaries	3042
and compensations prescribed by such contracts shall not be	3043
reduced by a board of education unless such reduction is a part of	3044
a uniform plan affecting the entire district. This section shall	3045
apply only to contracts entered into after August 18, 1969.	3046

Sec. 3319.13. Upon the written request of a teacher or a	3047
regular nonteaching school employee, a board of education may	3048
grant a leave of absence for a period of not more than two	3049
consecutive school years for educational, professional, or other	3050
purposes, and shall grant such leave where illness or other	3051
disability is the reason for the request. Upon subsequent request,	3052
such leave may be renewed by the board. Without request, a board	3053
may grant similar leave of absence and renewals thereof to any	3054
teacher or regular nonteaching school employee because of physical	3055
or mental disability, but such teacher may have a hearing on such	3056
unrequested leave of absence or its renewals in accordance with	3057
section 3311.82 or 3319.16 of the Revised Code, and such	3058
nonteaching school employee may have a hearing on such unrequested	3059
leave of absence or its renewals in accordance with division (C)	3060
of section 3319.081 of the Revised Code. Upon the return to	3061
service of a teacher or a nonteaching school employee at the	3062
expiration of a leave of absence, the teacher or nonteaching	3063
school employee shall resume the contract status that the teacher	3064
or nonteaching school employee held prior to the leave of absence.	3065
Any teacher who leaves a teaching position for service in the	3066
uniformed services and who returns from service in the uniformed	3067
services that is terminated in a manner other than as described in	3068
section 4304 of Title 38 of the United States Code, "Uniformed	3069
Services Employment and Reemployment Rights Act of 1994," 108	3070
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status	3071
held prior to entering the uniformed services, subject to passing	3072
a physical examination by an individual authorized by the Revised	3073
Code to conduct physical examinations, including a physician	3074
assistant, a clinical nurse specialist, a certified nurse	3075
practitioner, or a certified nurse-midwife. Any written	3076
documentation of the physical examination shall be completed by	3077
the individual who conducted the examination. Such contract status	3078
shall be resumed at the first of the school semester or the	3079
beginning of the school year following return from the uniformed	3080
services. For purposes of this section and section 3319.14 of the	3081
Revised Code, "uniformed services" and "service in the uniformed	3082
services" have the same meanings as defined in section 5923.05 of	3083
the Revised Code.	3084

Upon the return of a nonteaching school employee from a leave	3085
of absence, the board may terminate the employment of a person	3086
hired exclusively for the purpose of replacing the returning	3087
employee while the returning employee was on leave. If, after the	3088
return of a nonteaching employee from leave, the person employed	3089
exclusively for the purpose of replacing an employee while the	3090
employee was on leave is continued in employment as a regular	3091
nonteaching school employee or if the person is hired by the board	3092
as a regular nonteaching school employee within a year after	3093
employment as a replacement is terminated, the person shall, for	3094
purposes of section 3319.081 of the Revised Code, receive credit	3095
for the person's length of service with the school district during	3096
such replacement period in the following manner:	3097

(A) If employed as a replacement for less than twelve months,	3098
the person shall be employed under a contract valid for a period	3099
equal to twelve months less the number of months employed as a	3100
replacement. At the end of such contract period, if the person is	3101
reemployed it shall be under a two-year contract. Subsequent	3102
reemployment shall be pursuant to division (B) of section 3319.081	3103
of the Revised Code.	3104

(B) If employed as a replacement for twelve months or more	3105
but less than twenty-four months, the person shall be employed	3106
under a contract valid for a period equal to twenty-four months	3107
less the number of months employed as a replacement. Subsequent	3108
reemployment shall be pursuant to division (B) of section 3319.081	3109
of the Revised Code.	3110

(C) If employed as a replacement for more than twenty-four	3111
months, the person shall be employed pursuant to division (B) of	3112
section 3319.081 of the Revised Code.	3113

For purposes of this section, employment during any part of a	3114
month shall count as employment during the entire month.	3115

Sec. 3319.14. Any teacher who has left, or leaves, a	3116
teaching position, by resignation or otherwise, and within forty	3117
school days thereafter entered, or enters, the uniformed services	3118
and whose service is terminated in a manner other than as	3119
described in section 4304 of Title 38 of the United States Code,	3120
"Uniformed Services Employment and Reemployment Rights Act of	3121
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by	3122
the board of education of the district in which the teacher held	3123
such teaching position, under the same type of contract as that	3124
which the teacher last held in such district, if the teacher	3125
applies to the board of education for reemployment in accordance	3126
with the "Uniformed Services Employment and Reemployment Rights	3127
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such	3128
application, the teacher shall be reemployed at the first of the	3129
next school semester, if the application is made not less than	3130
thirty days prior to the first of the next school semester, in	3131
which case the teacher shall be reemployed the first of the	3132
following school semester, unless the board of education waives	3133
the requirement for the thirty-day period.	3134

For the purposes of seniority and placement on the salary	3135
schedule, years of absence performing service in the uniformed	3136
services shall be counted as though teaching service had been	3137
performed during such time.	3138

The board of education of the district in which such teacher	3139
was employed and is reemployed under this section may suspend the	3140
contract of the teacher whose services become unnecessary by	3141
reason of the return of a teacher from service in the uniformed	3142
services in accordance with section 3311.83, 3319.17, or 3319.171	3143
of the Revised Code.	3144

Sec. 3319.141. Each person who is employed by any board of	3145
education in this state, except for substitutes, adult education	3146
instructors who are scheduled to work the full-time equivalent of	3147
less than one hundred twenty days per school year, or persons who	3148
are employed on an as-needed, seasonal, or intermittent basis,	3149
shall be entitled to fifteen days sick leave with pay, for each	3150
year under contract, which shall be credited at the rate of one	3151
and one-fourth days per month. Teachers and regular nonteaching	3152
school employees, upon approval of the responsible administrative	3153
officer of the school district, may use sick leave for absence due	3154
to personal illness, pregnancy, injury, exposure to contagious	3155
disease which could be communicated to others, and for absence due	3156
to illness, injury, or death in the employee's immediate family.	3157
Unused sick leave shall be cumulative up to one hundred twenty	3158
work days, unless more than one hundred twenty days are approved	3159
by the employing board of education. The previously accumulated	3160
sick leave of a person who has been separated from public service,	3161
whether accumulated pursuant to section 124.38 of the Revised Code	3162
or pursuant to this section, shall be placed to the person's	3163
credit upon re-employment in the public service, provided that	3164
such re-employment takes place within ten years of the date of the	3165
last termination from public service. A teacher or nonteaching	3166
school employee who transfers from one public agency to another	3167
shall be credited with the unused balance of the teacher's or	3168
nonteaching employee's accumulated sick leave up to the maximum of	3169
the sick leave accumulation permitted in the public agency to	3170
which the employee transfers. Teachers and nonteaching school	3171
employees who render regular part-time, per diem, or hourly	3172
service shall be entitled to sick leave for the time actually	3173
worked at the same rate as that granted like full-time employees,	3174
calculated in the same manner as the ratio of sick leave granted	3175
to hours of service established by section 124.38 of the Revised	3176
Code. Each board of education may establish regulations for the	3177
entitlement, crediting and use of sick leave by those substitute	3178
teachers employed by such board pursuant to section 3319.10 of the	3179
Revised Code who are not otherwise entitled to sick leave pursuant	3180
to such section. A board of education shall require a teacher or	3181
nonteaching school employee to furnish a written, signed statement	3182
on forms prescribed by such board to justify the use of sick	3183
leave. If medical attention is required, the employee's statement	3184
shall list the name and address of the attending physician and the	3185
dates when the physician was consulted. Nothing in this section	3186
shall be construed to waive the physician-patient privilege	3187
provided by section 2317.02 of the Revised Code. Falsification of	3188
a statement is grounds for suspension or termination of employment	3189
under sections 3311.82, 3319.081, and 3319.16 of the Revised Code.	3190
No sick leave shall be granted or credited to a teacher after the	3191
teacher's retirement or termination of employment.	3192

Except to the extent used as sick leave, leave granted under	3193
regulations adopted by a board of education pursuant to section	3194
3311.77 or 3319.08 of the Revised Code shall not be charged	3195
against sick leave earned or earnable under this section. Nothing	3196
in this section shall be construed to affect in any other way the	3197
granting of leave pursuant to section 3311.77 or 3319.08 of the	3198
Revised Code and any granting of sick leave pursuant to such	3199
section shall be charged against sick leave accumulated pursuant	3200
to this section.	3201

This section shall not be construed to interfere with any	3202
unused sick leave credit in any agency of government where	3203
attendance records are maintained and credit has been given for	3204
unused sick leave. Unused sick leave accumulated by teachers and	3205
nonteaching school employees under section 124.38 of the Revised	3206
Code shall continue to be credited toward the maximum accumulation	3207
permitted in accordance with this section. Each newly hired	3208
regular nonteaching and each regular nonteaching employee of any	3209
board of education who has exhausted the employee's accumulated	3210
sick leave shall be entitled to an advancement of not less than	3211
five days of sick leave each year, as authorized by rules which	3212
each board shall adopt, to be charged against the sick leave the	3213
employee subsequently accumulates under this section.	3214

This section shall be uniformly administered.

3215

Sec. 3319.143. Notwithstanding section 3319.141 of the	3216
Revised Code, the board of education of a city, exempted village,	3217
local or joint vocational school district may adopt a policy of	3218
assault leave by which an employee who is absent due to physical	3219
disability resulting from an assault which occurs in the course of	3220
board employment will be maintained on full pay status during the	3221
period of such absence. A board of education electing to effect	3222
such a policy of assault leave shall establish rules for the	3223
entitlement, crediting, and use of assault leave and file a copy	3224
of same with the state board of education. A board of education	3225
adopting this policy shall require an employee to furnish a signed	3226
statement on forms prescribed by such board to justify the use of	3227
assault leave. If medical attention is required, a certificate	3228
from a licensed physician stating the nature of the disability and	3229
its duration shall be required before assault leave can be	3230
approved for payment. Falsification of either a signed statement	3231
or a physician's certificate is ground for suspension or	3232
termination of employment under section 3311.82 or 3319.16 of the	3233
Revised Code.	3234

Assault leave granted under rules adopted by a board of	3235
education pursuant to this section shall not be charged against	3236
sick leave earned or earnable under section 3319.141 of the	3237
Revised Code or leave granted under rules adopted by a board of	3238
education pursuant to section 3311.77 or 3319.08 of the Revised	3239
Code. This section shall be uniformly administered in those	3240
districts where such policy is adopted.	3241

Sec. 3319.151. (A) No person shall reveal to any student any	3242
specific question that the person knows is part of an assessment	3243
to be administered under section 3301.0711 of the Revised Code or	3244
in any other way assist a pupil to cheat on such an assessment.	3245

(B) On a finding by the state board of education, after	3246
investigation, that a school employee who holds a license issued	3247
under sections 3319.22 to 3319.31 of the Revised Code has violated	3248
division (A) of this section, the license of such teacher shall be	3249
suspended for one year. Prior to commencing an investigation, the	3250
board shall give the teacher notice of the allegation and an	3251
opportunity to respond and present a defense.	3252

(C)(1) Violation of division (A) of this section is grounds	3253
for termination of employment of a nonteaching employee under	3254
division (C) of section 3319.081 or section 124.34 of the Revised	3255
Code.	3256

(2) Violation of division (A) of this section is grounds for	3257
termination of a teacher contract under section 3311.82 or 3319.16	3258
of the Revised Code.	3259

Sec. 3319.18. If an entire school district or that part of a	3260
school district which comprises the territory in which a school is	3261
situated is transferred to any other district, or if a new school	3262
district is created, the teachers in such districts or schools	3263
employed on continuing contracts immediately prior to such	3264
transfer, or creation shall, subject to section 3311.83, 3319.17,	3265
or 3319.171 of the Revised Code, have continuing service status in	3266
the newly created district, or in the district to which the	3267
territory is transferred.	3268

The limited contracts of the teachers employed in such	3269
districts or schools immediately prior to such transfer, or	3270
creation, shall become the legal obligations of the board of	3271
education in the newly created district, or in the district to	3272
which the territory is transferred, subject to section 3311.83,	3273
3319.17, or 3319.171 of the Revised Code. The teaching experience	3274
of such teachers in such prior districts or schools shall be	3275
included in the three years of service required under section	3276
3319.11 of the Revised Code for a teacher to become eligible for	3277
continuing service status.	3278

Teachers employed on limited or continuing contracts in an	3279
entire school district or that part of a school district which	3280
comprises the territory in which a school is situated which is	3281
transferred to any other district or which is merged with other	3282
school territory to create a new school district, shall be placed,	3283
on the effective date of such transfer or merger, on the salary	3284
schedule of the district to which the territory is transferred or	3285
the newly created district, according to their training and	3286
experience. Such experience shall be the total sum of the years	3287
taught in the district whose territory was transferred or merged	3288
to create a new district, plus the total number of years of	3289
teaching experience recognized by such previous district upon its	3290
first employment of such teachers.	3291

The placement of the teachers on the salary schedule,	3292
pursuant to this section, shall not result, however, in the salary	3293
of any teacher being less than the teacher's current annual salary	3294
for regular duties, in existence immediately prior to the merger	3295
or transfer.	3296

When suspending contracts in accordance with an	3297
administrative personnel suspension policy adopted under section	3298
3319.171 of the Revised Code, a board may consider years of	3299
teaching service in the previous district in its decision if it is	3300
a part of the suspension policy.	3301

Sec. 3319.283. (A) The board of education of any school	3302
district may employ an individual who is not certificated or	3303
licensed as required by Chapter 3319. of the Revised Code, but who	3304
meets the following qualifications, as a teacher in the schools of	3305
the district:	3306

(1) The individual is a veteran of the armed forces of the	3307
United States and was honorably discharged within three years of	3308
June 30, 1997;	3309

(2) While in the armed forces the individual had meaningful	3310
teaching or other instructional experience;	3311

(3) The individual holds at least a baccalaureate degree.

3312

(B) An individual employed under this section shall be deemed	3313
to hold a teaching certificate or educator license for the	3314
purposes of state and federal law and rules and regulations and	3315
school district policies, rules, and regulations. However, an	3316
individual employed under this section is not a highly qualified	3317
teacher for purposes of the school district's compliance with	3318
section 3319.074 of the Revised Code. Each individual employed	3319
under this section shall meet the requirement to successfully	3320
complete fifteen hours, or the equivalent, of coursework every	3321
five years that is approved by the local professional development	3322
committee as is required of other teachers licensed in accordance	3323
with Chapter 3319. of the Revised Code.	3324

(C) The superintendent of public instruction may revoke the	3325
right of an individual employed under division (A) of this section	3326
to teach if, after an investigation and an adjudication conducted	3327
pursuant to Chapter 119. of the Revised Code, the superintendent	3328
finds that the person is not competent to teach the subject the	3329
person has been employed to teach or did not fulfill the	3330
requirements of division (A) of this section. No individual whose	3331
right to teach has been revoked under this division shall teach in	3332
a public school, and no board of education may engage such an	3333
individual to teach in the schools of its district.	3334

Notwithstanding division (B) of this section, a board of	3335
education is not required to comply with the provisions of	3336
sections 3311.81, 3311.82, 3319.11, and 3319.16 of the Revised	3337
Code with regard to termination of employment if the	3338
superintendent, after an investigation and an adjudication, has	3339
revoked the individual's right to teach.	3340

Sec. 4141.29. Each eligible individual shall receive	3341
benefits as compensation for loss of remuneration due to	3342
involuntary total or partial unemployment in the amounts and	3343
subject to the conditions stipulated in this chapter.	3344

(A) No individual is entitled to a waiting period or benefits	3345
for any week unless the individual:	3346

(1) Has filed a valid application for determination of	3347
benefit rights in accordance with section 4141.28 of the Revised	3348
Code;	3349

(2) Has made a claim for benefits in accordance with section	3350
4141.28 of the Revised Code;	3351

(3) Has registered at an employment office or other	3352
registration place maintained or designated by the director of job	3353
and family services. Registration shall be made in accordance with	3354
the time limits, frequency, and manner prescribed by the director.	3355

(4)(a)(i) Is able to work and available for suitable work	3356
and, except as provided in division (A)(4)(a)(ii) of this section,	3357
is actively seeking suitable work either in a locality in which	3358
the individual has earned wages subject to this chapter during the	3359
individual's base period, or if the individual leaves that	3360
locality, then in a locality where suitable work normally is	3361
performed.	3362

(ii) The director may waive the requirement that a claimant	3363
be actively seeking work when the director finds that the	3364
individual has been laid off and the employer who laid the	3365
individual off has notified the director within ten days after the	3366
layoff, that work is expected to be available for the individual	3367
within a specified number of days not to exceed forty-five	3368
calendar days following the last day the individual worked. In the	3369
event the individual is not recalled within the specified period,	3370
this waiver shall cease to be operative with respect to that	3371
layoff.	3372

(b) The individual shall be instructed as to the efforts that	3373
the individual must make in the search for suitable work, except	3374
where the active search for work requirement has been waived under	3375
division (A)(4)(a) of this section, and shall keep a record of	3376
where and when the individual has sought work in complying with	3377
those instructions and, upon request, shall produce that record	3378
for examination by the director.	3379

(c) An individual who is attending a training course approved	3380
by the director meets the requirement of this division, if	3381
attendance was recommended by the director and the individual is	3382
regularly attending the course and is making satisfactory	3383
progress. An individual also meets the requirements of this	3384
division if the individual is participating and advancing in a	3385
training program, as defined in division (P) of section 5709.61 of	3386
the Revised Code, and if an enterprise, defined in division (B) of	3387
section 5709.61 of the Revised Code, is paying all or part of the	3388
cost of the individual's participation in the training program	3389
with the intention of hiring the individual for employment as a	3390
new employee, as defined in division (L) of section 5709.61 of the	3391
Revised Code, for at least ninety days after the individual's	3392
completion of the training program.	3393

(d) An individual who becomes unemployed while attending a	3394
regularly established school and whose base period qualifying	3395
weeks were earned in whole or in part while attending that school,	3396
meets the availability and active search for work requirements of	3397
division (A)(4)(a) of this section if the individual regularly	3398
attends the school during weeks with respect to which the	3399
individual claims unemployment benefits and makes self available	3400
on any shift of hours for suitable employment with the	3401
individual's most recent employer or any other employer in the	3402
individual's base period, or for any other suitable employment to	3403
which the individual is directed, under this chapter.	3404

(e) The director shall adopt any rules that the director	3405
deems necessary for the administration of division (A)(4) of this	3406
section.	3407

(f) Notwithstanding any other provisions of this section, no	3408
otherwise eligible individual shall be denied benefits for any	3409
week because the individual is in training approved under section	3410
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	3411
2296, nor shall that individual be denied benefits by reason of	3412
leaving work to enter such training, provided the work left is not	3413
suitable employment, or because of the application to any week in	3414
training of provisions in this chapter, or any applicable federal	3415
unemployment compensation law, relating to availability for work,	3416
active search for work, or refusal to accept work.	3417

For the purposes of division (A)(4)(f) of this section,	3418
"suitable employment" means with respect to an individual, work of	3419
a substantially equal or higher skill level than the individual's	3420
past adversely affected employment, as defined for the purposes of	3421
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	3422
wages for such work at not less than eighty per cent of the	3423
individual's average weekly wage as determined for the purposes of	3424
that federal act.	3425

(5) Is unable to obtain suitable work. An individual who is	3426
provided temporary work assignments by the individual's employer	3427
under agreed terms and conditions of employment, and who is	3428
required pursuant to those terms and conditions to inquire with	3429
the individual's employer for available work assignments upon the	3430
conclusion of each work assignment, is not considered unable to	3431
obtain suitable employment if suitable work assignments are	3432
available with the employer but the individual fails to contact	3433
the employer to inquire about work assignments.	3434

(6) Participates in reemployment services, such as job search	3435
assistance services, if the individual has been determined to be	3436
likely to exhaust benefits under this chapter, including	3437
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	3438
extended compensation, and needs reemployment services pursuant to	3439
the profiling system established by the director under division	3440
(K) of this section, unless the director determines that:	3441

(a) The individual has completed such services; or

3442

(b) There is justifiable cause for the claimant's failure to	3443
participate in such services.	3444

(B) An individual suffering total or partial unemployment is	3445
eligible for benefits for unemployment occurring subsequent to a	3446
waiting period of one week and no benefits shall be payable during	3447
this required waiting period. Not more than one week of waiting	3448
period shall be required of any individual in any benefit year in	3449
order to establish the individual's eligibility for total or	3450
partial unemployment benefits.	3451

(C) The waiting period for total or partial unemployment	3452
shall commence on the first day of the first week with respect to	3453
which the individual first files a claim for benefits at an	3454
employment office or other place of registration maintained or	3455
designated by the director or on the first day of the first week	3456
with respect to which the individual has otherwise filed a claim	3457
for benefits in accordance with the rules of the department of job	3458
and family services, provided such claim is allowed by the	3459
director.	3460

(D) Notwithstanding division (A) of this section, no	3461
individual may serve a waiting period or be paid benefits under	3462
the following conditions:	3463

(1) For any week with respect to which the director finds	3464
that:	3465

(a) The individual's unemployment was due to a labor dispute	3466
other than a lockout at any factory, establishment, or other	3467
premises located in this or any other state and owned or operated	3468
by the employer by which the individual is or was last employed;	3469
and for so long as the individual's unemployment is due to such	3470
labor dispute. No individual shall be disqualified under this	3471
provision if either of the following applies:	3472

(i) The individual's employment was with such employer at any	3473
factory, establishment, or premises located in this state, owned	3474
or operated by such employer, other than the factory,	3475
establishment, or premises at which the labor dispute exists, if	3476
it is shown that the individual is not financing, participating	3477
in, or directly interested in such labor dispute;	3478

(ii) The individual's employment was with an employer not	3479
involved in the labor dispute but whose place of business was	3480
located within the same premises as the employer engaged in the	3481
dispute, unless the individual's employer is a wholly owned	3482
subsidiary of the employer engaged in the dispute, or unless the	3483
individual actively participates in or voluntarily stops work	3484
because of such dispute. If it is established that the claimant	3485
was laid off for an indefinite period and not recalled to work	3486
prior to the dispute, or was separated by the employer prior to	3487
the dispute for reasons other than the labor dispute, or that the	3488
individual obtained a bona fide job with another employer while	3489
the dispute was still in progress, such labor dispute shall not	3490
render the employee ineligible for benefits.	3491

(b) The individual has been given a disciplinary layoff for	3492
misconduct in connection with the individual's work.	3493

(2) For the duration of the individual's unemployment if the	3494
director finds that:	3495

(a) The individual quit work without just cause or has been	3496
discharged for just cause in connection with the individual's	3497
work, provided division (D)(2) of this section does not apply to	3498
the separation of a person under any of the following	3499
circumstances:	3500

(i) Separation from employment for the purpose of entering	3501
the armed forces of the United States if the individual is	3502
inducted into the armed forces within one of the following	3503
periods:	3504

(I) Thirty days after separation;

3505

(II) One hundred eighty days after separation if the	3506
individual's date of induction is delayed solely at the discretion	3507
of the armed forces.	3508

(ii) Separation from employment pursuant to a	3509
labor-management contract or agreement, or pursuant to an	3510
established employer plan, program, or policy, which permits the	3511
employee, because of lack of work, to accept a separation from	3512
employment;	3513

(iii) The individual has left employment to accept a recall	3514
from a prior employer or, except as provided in division	3515
(D)(2)(a)(iv) of this section, to accept other employment as	3516
provided under section 4141.291 of the Revised Code, or left or	3517
was separated from employment that was concurrent employment at	3518
the time of the most recent separation or within six weeks prior	3519
to the most recent separation where the remuneration, hours, or	3520
other conditions of such concurrent employment were substantially	3521
less favorable than the individual's most recent employment and	3522
where such employment, if offered as new work, would be considered	3523
not suitable under the provisions of divisions (E) and (F) of this	3524
section. Any benefits that would otherwise be chargeable to the	3525
account of the employer from whom an individual has left	3526
employment or was separated from employment that was concurrent	3527
employment under conditions described in division (D)(2)(a)(iii)	3528
of this section, shall instead be charged to the mutualized	3529
account created by division (B) of section 4141.25 of the Revised	3530
Code, except that any benefits chargeable to the account of a	3531
reimbursing employer under division (D)(2)(a)(iii) of this section	3532
shall be charged to the account of the reimbursing employer and	3533
not to the mutualized account, except as provided in division	3534
(D)(2) of section 4141.24 of the Revised Code.	3535

(iv) When an individual has been issued a definite layoff	3536
date by the individual's employer and before the layoff date, the	3537
individual quits to accept other employment, the provisions of	3538
division (D)(2)(a)(iii) of this section apply and no	3539
disqualification shall be imposed under division (D) of this	3540
section. However, if the individual fails to meet the employment	3541
and earnings requirements of division (A)(2) of section 4141.291	3542
of the Revised Code, then the individual, pursuant to division	3543
(A)(5) of this section, shall be ineligible for benefits for any	3544
week of unemployment that occurs prior to the layoff date.	3545

(b) The individual has refused without good cause to accept	3546
an offer of suitable work when made by an employer either in	3547
person or to the individual's last known address, or has refused	3548
or failed to investigate a referral to suitable work when directed	3549
to do so by a local employment office of this state or another	3550
state, provided that this division shall not cause a	3551
disqualification for a waiting week or benefits under the	3552
following circumstances:	3553

(i) When work is offered by the individual's employer and the	3554
individual is not required to accept the offer pursuant to the	3555
terms of the labor-management contract or agreement; or	3556

(ii) When the individual is attending a training course	3557
pursuant to division (A)(4) of this section except, in the event	3558
of a refusal to accept an offer of suitable work or a refusal or	3559
failure to investigate a referral, benefits thereafter paid to	3560
such individual shall not be charged to the account of any	3561
employer and, except as provided in division (B)(1)(b) of section	3562
4141.241 of the Revised Code, shall be charged to the mutualized	3563
account as provided in division (B) of section 4141.25 of the	3564
Revised Code.	3565

(c) Such individual quit work to marry or because of marital,	3566
parental, filial, or other domestic obligations.	3567

(d) The individual became unemployed by reason of commitment	3568
to any correctional institution.	3569

(e) The individual became unemployed because of dishonesty in	3570
connection with the individual's most recent or any base period	3571
work. Remuneration earned in such work shall be excluded from the	3572
individual's total base period remuneration and qualifying weeks	3573
that otherwise would be credited to the individual for such work	3574
in the individual's base period shall not be credited for the	3575
purpose of determining the total benefits to which the individual	3576
is eligible and the weekly benefit amount to be paid under section	3577
4141.30 of the Revised Code. Such excluded remuneration and	3578
noncredited qualifying weeks shall be excluded from the	3579
calculation of the maximum amount to be charged, under division	3580
(D) of section 4141.24 and section 4141.33 of the Revised Code,	3581
against the accounts of the individual's base period employers. In	3582
addition, no benefits shall thereafter be paid to the individual	3583
based upon such excluded remuneration or noncredited qualifying	3584
weeks.	3585

For purposes of division (D)(2)(e) of this section,	3586
"dishonesty" means the commission of substantive theft, fraud, or	3587
deceitful acts.	3588

(E) No individual otherwise qualified to receive benefits	3589
shall lose the right to benefits by reason of a refusal to accept	3590
new work if:	3591

(1) As a condition of being so employed the individual would	3592
be required to join a company union, or to resign from or refrain	3593
from joining any bona fide labor organization, or would be denied	3594
the right to retain membership in and observe the lawful rules of	3595
any such organization.	3596

(2) The position offered is vacant due directly to a strike,	3597
lockout, or other labor dispute.	3598

(3) The work is at an unreasonable distance from the	3599
individual's residence, having regard to the character of the work	3600
the individual has been accustomed to do, and travel to the place	3601
of work involves expenses substantially greater than that required	3602
for the individual's former work, unless the expense is provided	3603
for.	3604

(4) The remuneration, hours, or other conditions of the work	3605
offered are substantially less favorable to the individual than	3606
those prevailing for similar work in the locality.	3607

(F) Subject to the special exceptions contained in division	3608
(A)(4)(f) of this section and section 4141.301 of the Revised	3609
Code, in determining whether any work is suitable for a claimant	3610
in the administration of this chapter, the director, in addition	3611
to the determination required under division (E) of this section,	3612
shall consider the degree of risk to the claimant's health,	3613
safety, and morals, the individual's physical fitness for the	3614
work, the individual's prior training and experience, the length	3615
of the individual's unemployment, the distance of the available	3616
work from the individual's residence, and the individual's	3617
prospects for obtaining local work.	3618

(G) The "duration of unemployment" as used in this section	3619
means the full period of unemployment next ensuing after a	3620
separation from any base period or subsequent work and until an	3621
individual has become reemployed in employment subject to this	3622
chapter, or the unemployment compensation act of another state, or	3623
of the United States, and until such individual has worked six	3624
weeks and for those weeks has earned or been paid remuneration	3625
equal to six times an average weekly wage of not less than:	3626
eighty-five dollars and ten cents per week beginning on June 26,	3627
1990; and beginning on and after January 1, 1992, twenty-seven and	3628
one-half per cent of the statewide average weekly wage as computed	3629
each first day of January under division (B)(3) of section 4141.30	3630
of the Revised Code, rounded down to the nearest dollar, except	3631
for purposes of division (D)(2)(c) of this section, such term	3632
means the full period of unemployment next ensuing after a	3633
separation from such work and until such individual has become	3634
reemployed subject to the terms set forth above, and has earned	3635
wages equal to one-half of the individual's average weekly wage or	3636
sixty dollars, whichever is less.	3637

(H) If a claimant is disqualified under division (D)(2)(a),	3638
(c), or (d) of this section or found to be qualified under the	3639
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	3640
this section or division (A)(2) of section 4141.291 of the Revised	3641
Code, then benefits that may become payable to such claimant,	3642
which are chargeable to the account of the employer from whom the	3643
individual was separated under such conditions, shall be charged	3644
to the mutualized account provided in section 4141.25 of the	3645
Revised Code, provided that no charge shall be made to the	3646
mutualized account for benefits chargeable to a reimbursing	3647
employer, except as provided in division (D)(2) of section 4141.24	3648
of the Revised Code. In the case of a reimbursing employer, the	3649
director shall refund or credit to the account of the reimbursing	3650
employer any over-paid benefits that are recovered under division	3651
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	3652
other states, the United States, or Canada that are subject to	3653
agreements and arrangements that are established pursuant to	3654
section 4141.43 of the Revised Code shall be credited or	3655
reimbursed according to the agreements and arrangements to which	3656
the chargeable amounts are subject.	3657

(I)(1) Benefits based on service in employment as provided in	3658
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	3659
shall be payable in the same amount, on the same terms, and	3660
subject to the same conditions as benefits payable on the basis of	3661
other service subject to this chapter; except that after December	3662
31, 1977:	3663

(a) Benefits based on service in an instructional, research,	3664
or principal administrative capacity in an institution of higher	3665
education, as defined in division (Y) of section 4141.01 of the	3666
Revised Code; or for an educational institution as defined in	3667
division (CC) of section 4141.01 of the Revised Code, shall not be	3668
paid to any individual for any week of unemployment that begins	3669
during the period between two successive academic years or terms,	3670
or during a similar period between two regular but not successive	3671
terms or during a period of paid sabbatical leave provided for in	3672
the individual's contract, if the individual performs such	3673
services in the first of those academic years or terms and has a	3674
contract or a reasonable assurance that the individual will	3675
perform services in any such capacity for any such institution in	3676
the second of those academic years or terms.	3677

(b) Benefits based on service for an educational institution	3678
or an institution of higher education in other than an	3679
instructional, research, or principal administrative capacity,	3680
shall not be paid to any individual for any week of unemployment	3681
which begins during the period between two successive academic	3682
years or terms of the employing educational institution or	3683
institution of higher education, provided the individual performed	3684
those services for the educational institution or institution of	3685
higher education during the first such academic year or term and,	3686
there is a reasonable assurance that such individual will perform	3687
those services for any educational institution or institution of	3688
higher education in the second of such academic years or terms.	3689

If compensation is denied to any individual for any week	3690
under division (I)(1)(b) of this section and the individual was	3691
not offered an opportunity to perform those services for an	3692
institution of higher education or for an educational institution	3693
for the second of such academic years or terms, the individual is	3694
entitled to a retroactive payment of compensation for each week	3695
for which the individual timely filed a claim for compensation and	3696
for which compensation was denied solely by reason of division	3697
(I)(1)(b) of this section. An application for retroactive benefits	3698
shall be timely filed if received by the director or the	3699
director's deputy within or prior to the end of the fourth full	3700
calendar week after the end of the period for which benefits were	3701
denied because of reasonable assurance of employment. The	3702
provision for the payment of retroactive benefits under division	3703
(I)(1)(b) of this section is applicable to weeks of unemployment	3704
beginning on and after November 18, 1983. The provisions under	3705
division (I)(1)(b) of this section shall be retroactive to	3706
September 5, 1982, only if, as a condition for full tax credit	3707
against the tax imposed by the "Federal Unemployment Tax Act," 53	3708
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	3709
secretary of labor determines that retroactivity is required by	3710
federal law.	3711

(c) With respect to weeks of unemployment beginning after	3712
December 31, 1977, benefits shall be denied to any individual for	3713
any week which commences during an established and customary	3714
vacation period or holiday recess, if the individual performs any	3715
services described in divisions (I)(1)(a) and (b) of this section	3716
in the period immediately before the vacation period or holiday	3717
recess, and there is a reasonable assurance that the individual	3718
will perform any such services in the period immediately following	3719
the vacation period or holiday recess.	3720

(d) With respect to any services described in division	3721
(I)(1)(a), (b), or (c) of this section, benefits payable on the	3722
basis of services in any such capacity shall be denied as	3723
specified in division (I)(1)(a), (b), or (c) of this section to	3724
any individual who performs such services in an educational	3725
institution or institution of higher education while in the employ	3726
of an educational service agency. For this purpose, the term	3727
"educational service agency" means a governmental agency or	3728
governmental entity that is established and operated exclusively	3729
for the purpose of providing services to one or more educational	3730
institutions or one or more institutions of higher education.	3731

(e) Any individual employed by a public school district,	3732
other than a municipal school district as defined in section	3733
3311.71 of the Revised Code, or a county board of developmental	3734
disabilities shall be notified by the thirtieth day of April each	3735
year if the individual is not to be reemployed the following	3736
academic year.	3737

(2) No disqualification will be imposed, between academic	3738
years or terms or during a vacation period or holiday recess under	3739
this division, unless the director or the director's deputy has	3740
received a statement in writing from the educational institution	3741
or institution of higher education that the claimant has a	3742
contract for, or a reasonable assurance of, reemployment for the	3743
ensuing academic year or term.	3744

(3) If an individual has employment with an educational	3745
institution or an institution of higher education and employment	3746
with a noneducational employer, during the base period of the	3747
individual's benefit year, then the individual may become eligible	3748
for benefits during the between-term, or vacation or holiday	3749
recess, disqualification period, based on employment performed for	3750
the noneducational employer, provided that the employment is	3751
sufficient to qualify the individual for benefit rights separately	3752
from the benefit rights based on school employment. The weekly	3753
benefit amount and maximum benefits payable during a	3754
disqualification period shall be computed based solely on the	3755
nonschool employment.	3756

(J) Benefits shall not be paid on the basis of employment	3757
performed by an alien, unless the alien had been lawfully admitted	3758
to the United States for permanent residence at the time the	3759
services were performed, was lawfully present for purposes of	3760
performing the services, or was otherwise permanently residing in	3761
the United States under color of law at the time the services were	3762
performed, under section 212(d)(5) of the "Immigration and	3763
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	3764

(1) Any data or information required of individuals applying	3765
for benefits to determine whether benefits are not payable to them	3766
because of their alien status shall be uniformly required from all	3767
applicants for benefits.	3768

(2) In the case of an individual whose application for	3769
benefits would otherwise be approved, no determination that	3770
benefits to the individual are not payable because of the	3771
individual's alien status shall be made except upon a	3772
preponderance of the evidence that the individual had not, in	3773
fact, been lawfully admitted to the United States.	3774

(K) The director shall establish and utilize a system of	3775
profiling all new claimants under this chapter that:	3776

(1) Identifies which claimants will be likely to exhaust	3777
regular compensation and will need job search assistance services	3778
to make a successful transition to new employment;	3779

(2) Refers claimants identified pursuant to division (K)(1)	3780
of this section to reemployment services, such as job search	3781
assistance services, available under any state or federal law;	3782

(3) Collects follow-up information relating to the services	3783
received by such claimants and the employment outcomes for such	3784
claimant's subsequent to receiving such services and utilizes such	3785
information in making identifications pursuant to division (K)(1)	3786
of this section; and	3787

(4) Meets such other requirements as the United States	3788
secretary of labor determines are appropriate.	3789

Sec. 5705.192. (A) For the purposes of this section only,	3790
"taxing authority" includes a township board of park commissioners	3791
appointed under section 511.18 of the Revised Code.	3792

(B) A taxing authority may propose to replace an existing	3793
levy that the taxing authority is authorized to levy, regardless	3794
of the section of the Revised Code under which the authority is	3795
granted, except a school district emergency levy proposed pursuant	3796
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	3797
authority may propose to replace the existing levy in its entirety	3798
at the rate at which it is authorized to be levied; may propose to	3799
replace a portion of the existing levy at a lesser rate; or may	3800
propose to replace the existing levy in its entirety and increase	3801
the rate at which it is levied. If the taxing authority proposes	3802
to replace an existing levy, the proposed levy shall be called a	3803
replacement levy and shall be so designated on the ballot. Except	3804
as otherwise provided in this division, a replacement levy shall	3805
be limited to the purpose of the existing levy, and shall appear	3806
separately on the ballot from, and shall not be conjoined with,	3807
the renewal of any other existing levy. In the case of an existing	3808
school district levy imposed under section 5705.21 of the Revised	3809
Code for the purpose specified in division (F) of section 5705.19	3810
of the Revised Code, the replacement for that existing levy may be	3811
for the same purpose or for the purpose of general permanent	3812
improvements as defined in section 5705.21 of the Revised Code.	3813

The resolution proposing a replacement levy shall specify the	3814
purpose of the levy; its proposed rate expressed in mills; whether	3815
the proposed rate is the same as the rate of the existing levy, a	3816
reduction, or an increase; the extent of any reduction or increase	3817
expressed in mills; the first calendar year in which the levy will	3818
be due; and the term of the levy, expressed in years or, if	3819
applicable, that it will be levied for a continuing period of	3820
time.	3821

The sections of the Revised Code governing the maximum rate	3822
and term of the existing levy, the contents of the resolution that	3823
proposed the levy, the adoption of the resolution, the	3824
arrangements for the submission of the question of the levy, and	3825
notice of the election also govern the respective provisions of	3826
the proposal to replace the existing levy, except as provided in	3827
~~division~~divisions (B)(1) ~~or (2)~~to (3) of this section:	3828

(1) In the case of an existing school district levy imposed	3829
under section 5705.21 of the Revised Code for the purpose	3830
specified in division (F) of section 5705.19 of the Revised Code	3831
that is to be replaced by a levy for general permanent	3832
improvements, the maximum term of the replacement levy is not	3833
limited to the term of the existing levy and may be for a	3834
continuing period of time.	3835

(2) The date on which the election is held shall be as	3836
follows:	3837

(a) For the replacement of a levy with a fixed term of years,	3838
the date of the general election held during the last year the	3839
existing levy may be extended on the real and public utility	3840
property tax list and duplicate, or the date of any election held	3841
in the ensuing year;	3842

(b) For the replacement of a levy imposed for a continuing	3843
period of time, the date of any election held in any year after	3844
the year the levy to be replaced is first approved by the	3845
electors, except that only one election on the question of	3846
replacing the levy may be held during any calendar year.	3847

The failure by the electors to approve a proposal to replace	3848
a levy imposed for a continuing period of time does not terminate	3849
the existing continuing levy.	3850

(3) In the case of an existing school district levy imposed	3851
under division (B) of section 5705.21, division (C) of section	3852
5705.212, or division (J) of section 5705.218 of the Revised Code,	3853
the rates allocated to the municipal school district and to	3854
partnering community schools each may be increased or decreased or	3855
remain the same, and the total rate may be increased, decreased,	3856
or remain the same.	3857

(C) The form of the ballot at the election on the question of	3858
a replacement levy shall be as follows:	3859

"A replacement of a tax for the benefit of .......... (name	3860
of subdivision or public library) for the purpose of ..........	3861
(the purpose stated in the resolution) at a rate not exceeding	3862
.......... mills for each one dollar of valuation, which amounts	3863
to .......... (rate expressed in dollars and cents) for each one	3864
hundred dollars in valuation, for .......... (number of years levy	3865
is to run, or that it will be levied for a continuous period of	3866
time)	3867

3868

		FOR THE TAX LEVY			3869
		AGAINST THE TAX LEVY	"		3870

3871

If the replacement levy is proposed by a municipal school	3872
district to replace an existing tax levied under division (B) of	3873
section 5705.21, division (C)(1) of section 5705.212, or division	3874
(J) of section 5705.218 of the Revised Code, the form of the	3875
ballot shall be modified by adding, after the phrase "each one	3876
dollar of valuation," the following: "(of which ...... mills is to	3877
be allocated to partnering community schools)."	3878

If the proposal is to replace an existing levy and increase	3879
the rate of the existing levy, the form of the ballot shall be	3880
changed by adding the words ".......... mills of an existing levy	3881
and an increase of .......... mills, to constitute" after the	3882
words "a replacement of." If the proposal is to replace only a	3883
portion of an existing levy, the form of the ballot shall be	3884
changed by adding the words "a portion of an existing levy, being	3885
a reduction of .......... mills, to constitute" after the words "a	3886
replacement of." If the existing levy is imposed under division	3887
(B) of section 5705.21, division (C)(1) of section 5705.212, or	3888
division (J) of section 5705.218 of the Revised Code, the form of	3889
the ballot also shall state the portion of the total increased	3890
rate or of the total rate as reduced that is to be allocated to	3891
partnering community schools.	3892

If the tax is to be placed on the tax list of the current tax	3893
year, the form of the ballot shall be modified by adding at the	3894
end of the form the phrase ", commencing in .......... (first year	3895
the replacement tax is to be levied), first due in calendar year	3896
.......... (first calendar year in which the tax shall be due)."	3897

The question covered by the resolution shall be submitted as	3898
a separate proposition, but may be printed on the same ballot with	3899
any other proposition submitted at the same election, other than	3900
the election of officers. More than one such question may be	3901
submitted at the same election.	3902

(D) Two existing levies, or any portion of those levies, may	3903
be combined into one replacement levy, so long as both of the	3904
existing levies are for the same purpose and either both are due	3905
to expire the same year or both are for a continuing period of	3906
time. The question of combining all or portions of the two	3907
existing levies into the replacement levy shall appear as one	3908
ballot proposition before the electors. If the electors approve	3909
the ballot proposition, all or the stated portions of the two	3910
existing levies are replaced by one replacement levy.	3911

(E) A levy approved in excess of the ten-mill limitation	3912
under this section shall be certified to the tax commissioner. In	3913
the first year of a levy approved under this section, the levy	3914
shall be extended on the tax lists after the February settlement	3915
succeeding the election at which the levy was approved. If the	3916
levy is to be placed on the tax lists of the current year, as	3917
specified in the resolution providing for its submission, the	3918
result of the election shall be certified immediately after the	3919
canvass by the board of elections to the taxing authority, which	3920
shall forthwith make the necessary levy and certify it to the	3921
county auditor, who shall extend it on the tax lists for	3922
collection. After the first year, the levy shall be included in	3923
the annual tax budget that is certified to the county budget	3924
commission.	3925

If notes are authorized to be issued in anticipation of the	3926
proceeds of the existing levy, notes may be issued in anticipation	3927
of the proceeds of the replacement levy, and such issuance is	3928
subject to the terms and limitations governing the issuance of	3929
notes in anticipation of the proceeds of the existing levy.	3930

(F) This section does not authorize a tax to be levied in any	3931
year after the year in which revenue is not needed for the purpose	3932
for which the tax is levied.	3933

Sec. 5705.21. (A) At any time, the board of education of any	3934
city, local, exempted village, cooperative education, or joint	3935
vocational school district, by a vote of two-thirds of all its	3936
members, may declare by resolution that the amount of taxes which	3937
may be raised within the ten-mill limitation by levies on the	3938
current tax duplicate will be insufficient to provide an adequate	3939
amount for the necessary requirements of the school district, that	3940
it is necessary to levy a tax in excess of such limitation for one	3941
of the purposes specified in division (A), (D), (F), (H), or (DD)	3942
of section 5705.19 of the Revised Code, for general permanent	3943
improvements, for the purpose of operating a cultural center, or	3944
for the purpose of providing education technology, and that the	3945
question of such additional tax levy shall be submitted to the	3946
electors of the school district at a special election on a day to	3947
be specified in the resolution. If the resolution states that the	3948
levy is for the purpose of operating a cultural center, the ballot	3949
shall state that the levy is "for the purpose of operating the	3950
.......... (name of cultural center)."	3951

As used in this ~~section~~division, "cultural center" means a	3952
freestanding building, separate from a public school building,	3953
that is open to the public for educational, musical, artistic, and	3954
cultural purposes; "education technology" means, but is not	3955
limited to, computer hardware, equipment, materials, and	3956
accessories, equipment used for two-way audio or video, and	3957
software; and "general permanent improvements" means permanent	3958
improvements without regard to the limitation of division (F) of	3959
section 5705.19 of the Revised Code that the improvements be a	3960
specific improvement or a class of improvements that may be	3961
included in a single bond issue.	3962

~~The submission of questions to the electors under this~~	3963
~~section is subject to the limitation on the number of election~~	3964
~~dates established by section 5705.214 of the Revised Code.~~	3965

~~(B) Such~~A resolution adopted under this division shall be	3966
confined to a single purpose and shall specify the amount of the	3967
increase in rate that it is necessary to levy, the purpose of the	3968
levy, and the number of years during which the increase in rate	3969
shall be in effect. The number of years may be any number not	3970
exceeding five or, if the levy is for current expenses of the	3971
district or for general permanent improvements, for a continuing	3972
period of time. ~~The~~	3973

(B)(1) The board of education of a municipal school district,	3974
by resolution, may declare that it is necessary to levy a tax in	3975
excess of the ten-mill limitation for the purpose of paying the	3976
current expenses of the district and of partnering community	3977
schools and that the question of the additional tax levy shall be	3978
submitted to the electors of the school district at a special	3979
election on a day to be specified in the resolution. The	3980
resolution shall state the purpose of the levy, the rate of the	3981
tax expressed in mills per dollar of taxable value, the number of	3982
such mills to be levied for the current expenses of the partnering	3983
community schools and the number of such mills to be levied for	3984
the current expenses of the school district, the number of years	3985
the tax will be levied, and the first year the tax will be levied.	3986
The number of years the tax may be levied may be any number not	3987
exceeding ten years, or for a continuing period of time.	3988

The levy of a tax for the current expenses of a partnering	3989
community school under this section and the distribution of	3990
proceeds from the tax by a municipal school district to partnering	3991
community schools is hereby determined to be a proper public	3992
purpose.	3993

(2) The form of the ballot at an election held pursuant to	3994
division (B) of this section shall be as follows:	3995

"Shall a levy be imposed by the ......... (insert the name of	3996
the municipal school district) for the purpose of current expenses	3997
of the school district and of partnering community schools at a	3998
rate not exceeding ...... (insert the number of mills) mills for	3999
each one dollar of valuation (of which ...... (insert the number	4000
of mills to be allocated to partnering community schools) mills is	4001
to be allocated to partnering community schools), which amounts to	4002
....... (insert the rate expressed in dollars and cents) for each	4003
one hundred dollars of valuation, for ...... (insert the number of	4004
years the levy is to be imposed, or that it will be levied for a	4005
continuing period of time), beginning ...... (insert first year	4006
the tax is to be levied), which will first be payable in calendar	4007
year ...... (insert the first calendar year in which the tax would	4008
be payable)?	4009

		FOR THE TAX LEVY			4010
		AGAINST THE TAX LEVY	"		4011

(3) Upon each receipt of a tax distribution by the municipal	4012
school district, the board of education shall credit the portion	4013
allocated to partnering community schools to the partnering	4014
community schools fund. All income from the investment of money in	4015
the partnering community schools fund shall be credited to that	4016
fund.	4017

Not more than forty-five days after the municipal school	4018
district receives and deposits each tax distribution, the board of	4019
education shall distribute the partnering community schools amount	4020
among the then qualifying community schools. From each tax	4021
distribution, each such partnering community school shall receive	4022
a portion of the partnering community schools amount in the	4023
proportion that the number of its resident students bears to the	4024
aggregate number of resident students of all such partnering	4025
community schools as of the date of receipt and deposit of the tax	4026
distribution. For the purposes of this division, the number of	4027
resident students shall be the number of such students reported	4028
under section 3317.03 of the Revised Code and established by the	4029
department of education as of the date of receipt and deposit of	4030
the tax distribution.	4031

(4) To the extent an agreement whereby the municipal school	4032
district and a community school endorse each other's programs is	4033
necessary for the community school to qualify as a partnering	4034
community school under division (B)(6)(b) of this section, the	4035
board of education of the school district shall certify to the	4036
department of education the agreement along with the determination	4037
that such agreement satisfies the requirements of that division.	4038
The board's determination is conclusive.	4039

(5) For the purposes of Chapter 3317. of the Revised Code or	4040
other laws referring to the "taxes charged and payable" for a	4041
school district, the taxes charged and payable for a municipal	4042
school district that levies a tax under division (B) of this	4043
section includes only the taxes charged and payable under that	4044
levy for the current expenses of the school district, and does not	4045
include the taxes charged and payable for the current expenses of	4046
partnering community schools. The taxes charged and payable for	4047
the current expenses of partnering community schools shall not	4048
affect the calculation of "state education aid" as defined in	4049
section 5751.20 of the Revised Code.	4050

(6) As used in division (B) of this section:

4051

(a) "Municipal school district" has the same meaning as in	4052
section 3311.71 of the Revised Code.	4053

(b) "Partnering community school" means a community school	4054
established under Chapter 3314. of the Revised Code that is	4055
located within the territory of the municipal school district and	4056
that either is sponsored by the district or is a party to an	4057
agreement with the district whereby the district and the community	4058
school endorse each other's programs.	4059

(c) "Partnering community schools amount" means the product	4060
obtained, as of the receipt and deposit of the tax distribution,	4061
by multiplying the amount of a tax distribution by a fraction, the	4062
numerator of which is the number of mills per dollar of taxable	4063
value of the property tax to be allocated to partnering community	4064
schools, and the denominator of which is the total number of mills	4065
per dollar of taxable value authorized by the electors in the	4066
election held under division (B) of this section, each as set	4067
forth in the resolution levying the tax.	4068

(d) "Partnering community schools fund" means a separate fund	4069
established by the board of education of a municipal school	4070
district for the deposit of partnering community school amounts	4071
under this section.	4072

(e) "Resident student" means a student enrolled in a	4073
partnering community school who is entitled to attend school in	4074
the municipal school district under section 3313.64 or 3313.65 of	4075
the Revised Code.	4076

(f) "Tax distribution" means a distribution of proceeds of	4077
the tax authorized by division (B) of this section under section	4078
321.24 of the Revised Code and distributions that are attributable	4079
to that tax under sections 323.156 and 4503.068 of the Revised	4080
Code or other applicable law.	4081

(C) A resolution adopted under this section shall specify	4082
the date of holding ~~such~~the election, which shall not be earlier	4083
than ninety days after the adoption and certification of the	4084
resolution and which shall be consistent with the requirements of	4085
section 3501.01 of the Revised Code.	4086

~~The~~A resolution adopted under this section may propose to	4087
renew one or more existing levies imposed under division (A) or	4088
(B) of this section or to increase or decrease a single levy	4089
imposed under ~~this section~~either such division. If	4090

If the board of education imposes one or more existing levies	4091
for the purpose specified in division (F) of section 5705.19 of	4092
the Revised Code, the resolution may propose to renew one or more	4093
of those existing levies, or to increase or decrease a single such	4094
existing levy, for the purpose of general permanent improvements.	4095
If	4096

If the resolution proposes to renew two or more existing	4097
levies, the levies shall be levied for the same purpose. The	4098
resolution shall identify those levies and the rates at which they	4099
are levied. The resolution also shall specify that the existing	4100
levies shall not be extended on the tax lists after the year	4101
preceding the year in which the renewal levy is first imposed,	4102
regardless of the years for which those levies originally were	4103
authorized to be levied.	4104

If the resolution proposes to renew an existing levy imposed	4105
under division (B) of this section, the rates allocated to the	4106
municipal school district and to partnering community schools each	4107
may be increased or decreased or remain the same, and the total	4108
rate may be increased, decreased, or remain the same. The	4109
resolution and notice of election shall specify the number of the	4110
mills to be levied for the current expenses of the partnering	4111
community schools and the number of the mills to be levied for the	4112
current expenses of the municipal school district.	4113

~~The~~A resolution adopted under this section shall go into	4114
immediate effect upon its passage, and no publication of the	4115
resolution shall be necessary other than that provided for in the	4116
notice of election. A copy of the resolution shall immediately	4117
after its passing be certified to the board of elections of the	4118
proper county in the manner provided by section 5705.25 of the	4119
Revised Code~~, and that~~. That section shall govern the arrangements	4120
for the submission of such question and other matters concerning	4121
~~such~~the election, to which that section refers, including	4122
publication of notice of the election, except that ~~such~~the	4123
election shall be held on the date specified in the resolution.	4124
~~Publication of notice of that election shall be made in a~~	4125
~~newspaper of general circulation in the county once a week for two~~	4126
~~consecutive weeks, or as provided in section 7.16 of the Revised~~	4127
~~Code, prior to the election. If the board of elections operates~~	4128
~~and maintains a web site, the board of elections shall post notice~~	4129
~~of the election on its web site for thirty days prior to the~~	4130
~~election.~~In the case of a resolution adopted under division (B)	4131
of this section, the publication of notice of that election shall	4132
state the number of the mills to be levied for the current	4133
expenses of partnering community schools and the number of the	4134
mills to be levied for the current expenses of the municipal	4135
school district. If a majority of the electors voting on the	4136
question so submitted in an election vote in favor of the levy,	4137
the board of education may make the necessary levy within the	4138
school district at the additional rate, or at any lesser rate in	4139
excess of the ten-mill limitation on the tax list, for the purpose	4140
stated in the resolution. A levy for a continuing period of time	4141
may be reduced pursuant to section 5705.261 of the Revised Code.	4142
The tax levy shall be included in the next tax budget that is	4143
certified to the county budget commission.	4144

~~(C)~~(D)(1) After the approval of a levy on the current tax	4145
list and duplicate for current expenses, for recreational	4146
purposes, for community centers provided for in section 755.16 of	4147
the Revised Code, or for a public library of the district under	4148
division (A) of this section, and prior to the time when the first	4149
tax collection from the levy can be made, the board of education	4150
may anticipate a fraction of the proceeds of the levy and issue	4151
anticipation notes in a principal amount not exceeding fifty per	4152
cent of the total estimated proceeds of the levy to be collected	4153
during the first year of the levy.	4154

(2) After the approval of a levy for general permanent	4155
improvements for a specified number of years, or for permanent	4156
improvements having the purpose specified in division (F) of	4157
section 5705.19 of the Revised Code, the board of education may	4158
anticipate a fraction of the proceeds of the levy and issue	4159
anticipation notes in a principal amount not exceeding fifty per	4160
cent of the total estimated proceeds of the levy remaining to be	4161
collected in each year over a period of five years after the	4162
issuance of the notes.	4163

The notes shall be issued as provided in section 133.24 of	4164
the Revised Code, shall have principal payments during each year	4165
after the year of their issuance over a period not to exceed five	4166
years, and may have a principal payment in the year of their	4167
issuance.	4168

(3) After approval of a levy for general permanent	4169
improvements for a continuing period of time, the board of	4170
education may anticipate a fraction of the proceeds of the levy	4171
and issue anticipation notes in a principal amount not exceeding	4172
fifty per cent of the total estimated proceeds of the levy to be	4173
collected in each year over a specified period of years, not	4174
exceeding ten, after the issuance of the notes.	4175

The notes shall be issued as provided in section 133.24 of	4176
the Revised Code, shall have principal payments during each year	4177
after the year of their issuance over a period not to exceed ten	4178
years, and may have a principal payment in the year of their	4179
issuance.	4180

(4) After the approval of a levy on the current tax list and	4181
duplicate under division (B) of this section, and prior to the	4182
time when the first tax collection from the levy can be made, the	4183
board of education may anticipate a fraction of the proceeds of	4184
the levy for the current expenses of the school district and issue	4185
anticipation notes in a principal amount not exceeding fifty per	4186
cent of the estimated proceeds of the levy to be collected during	4187
the first year of the levy and allocated to the school district.	4188
The portion of the levy proceeds to be allocated to partnering	4189
community schools under that division shall not be included in the	4190
estimated proceeds anticipated under this division and shall not	4191
be used to pay debt charges on any anticipation notes.	4192

The notes shall be issued as provided in section 133.24 of	4193
the Revised Code, shall have principal payments during each year	4194
after the year of their issuance over a period not to exceed five	4195
years, and may have a principal payment in the year of their	4196
issuance.	4197

(E) The submission of questions to the electors under this	4198
section is subject to the limitation on the number of election	4199
dates established by section 5705.214 of the Revised Code.	4200

Sec. 5705.212. (A)(1) The board of education of any school	4201
district, at any time and by a vote of two-thirds of all of its	4202
members, may declare by resolution that the amount of taxes that	4203
may be raised within the ten-mill limitation will be insufficient	4204
to provide an adequate amount for the present and future	4205
requirements of the school district, that it is necessary to levy	4206
not more than five taxes in excess of that limitation for current	4207
expenses, and that each of the proposed taxes first will be levied	4208
in a different year, over a specified period of time. The board	4209
shall identify the taxes proposed under this section as follows:	4210
the first tax to be levied shall be called the "original tax."	4211
Each tax subsequently levied shall be called an "incremental tax."	4212
The rate of each incremental tax shall be identical, but the rates	4213
of such incremental taxes need not be the same as the rate of the	4214
original tax. The resolution also shall state that the question of	4215
these additional taxes shall be submitted to the electors of the	4216
school district at a special election. The resolution shall	4217
specify separately for each tax proposed: the amount of the	4218
increase in rate that it is necessary to levy, expressed	4219
separately for the original tax and each incremental tax; that the	4220
purpose of the levy is for current expenses; the number of years	4221
during which the original tax shall be in effect; a specification	4222
that the last year in which the original tax is in effect shall	4223
also be the last year in which each incremental tax shall be in	4224
effect; and the year in which each tax first is proposed to be	4225
levied. The original tax may be levied for any number of years not	4226
exceeding ten, or for a continuing period of time. The resolution	4227
shall specify the date of holding the special election, which	4228
shall not be earlier than ninety days after the adoption and	4229
certification of the resolution and shall be consistent with the	4230
requirements of section 3501.01 of the Revised Code.	4231

(2) The board of education, by a vote of two-thirds of all of	4232
its members, may adopt a resolution proposing to renew taxes	4233
levied other than for a continuing period of time under division	4234
(A)(1) of this section. Such a resolution shall provide for	4235
levying a tax and specify all of the following:	4236

(a) That the tax shall be called and designated on the ballot	4237
as a renewal levy;	4238

(b) The rate of the renewal tax, which shall be a single rate	4239
that combines the rate of the original tax and each incremental	4240
tax into a single rate. The rate of the renewal tax shall not	4241
exceed the aggregate rate of the original and incremental taxes.	4242

(c) The number of years, not to exceed ten, that the renewal	4243
tax will be levied, or that it will be levied for a continuing	4244
period of time;	4245

(d) That the purpose of the renewal levy is for current	4246
expenses;	4247

(e) Subject to the certification and notification	4248
requirements of section 5705.251 of the Revised Code, that the	4249
question of the renewal levy shall be submitted to the electors of	4250
the school district at the general election held during the last	4251
year the original tax may be extended on the real and public	4252
utility property tax list and duplicate or at a special election	4253
held during the ensuing year.	4254

(3) A resolution adopted under division (A)(1) or (2) of this	4255
section shall go into immediate effect upon its adoption and no	4256
publication of the resolution is necessary other than that	4257
provided for in the notice of election. Immediately after its	4258
adoption, a copy of the resolution shall be certified to the board	4259
of elections of the proper county in the manner provided by	4260
division (A) of section 5705.251 of the Revised Code, and that	4261
division shall govern the arrangements for the submission of the	4262
question and other matters concerning the election to which that	4263
section refers. The election shall be held on the date specified	4264
in the resolution. If a majority of the electors voting on the	4265
question so submitted in an election vote in favor of the taxes or	4266
a renewal tax, the board of education, if the original or a	4267
renewal tax is authorized to be levied for the current year,	4268
immediately may make the necessary levy within the school district	4269
at the authorized rate, or at any lesser rate in excess of the	4270
ten-mill limitation, for the purpose stated in the resolution. No	4271
tax shall be imposed prior to the year specified in the resolution	4272
as the year in which it is first proposed to be levied. The rate	4273
of the original tax and the rate of each incremental tax shall be	4274
cumulative, so that the aggregate rate levied in any year is the	4275
sum of the rates of both the original tax and all incremental	4276
taxes levied in or prior to that year under the same proposal. A	4277
tax levied for a continuing period of time under this section may	4278
be reduced pursuant to section 5705.261 of the Revised Code.	4279

~~(4) The submission of questions to the electors under this~~	4280
~~section is subject to the limitation on the number of election~~	4281
~~dates established by section 5705.214 of the Revised Code.~~	4282

(B) Notwithstanding ~~sections~~section 133.30 ~~and 133.301~~ of	4283
the Revised Code, after the approval of a tax to be levied in the	4284
current or the succeeding year and prior to the time when the	4285
first tax collection from that levy can be made, the board of	4286
education may anticipate a fraction of the proceeds of the levy	4287
and issue anticipation notes in an amount not to exceed fifty per	4288
cent of the total estimated proceeds of the levy to be collected	4289
during the first year of the levy. The notes shall be sold as	4290
provided in Chapter 133. of the Revised Code. If anticipation	4291
notes are issued, they shall mature serially and in substantially	4292
equal amounts during each year over a period not to exceed five	4293
years; and the amount necessary to pay the interest and principal	4294
as the anticipation notes mature shall be deemed appropriated for	4295
those purposes from the levy, and appropriations from the levy by	4296
the board of education shall be limited each fiscal year to the	4297
balance available in excess of that amount.	4298

If the auditor of state has certified a deficit pursuant to	4299
section 3313.483 of the Revised Code, the notes authorized under	4300
this section may be sold in accordance with Chapter 133. of the	4301
Revised Code, except that the board may sell the notes after	4302
providing a reasonable opportunity for competitive bidding.	4303

(C)(1) The board of education of a municipal school district,	4304
at any time and by a vote of two-thirds of all its members, may	4305
declare by resolution that it is necessary to levy not more than	4306
five taxes in excess of the ten-mill limitation for the current	4307
expenses of the school district and of partnering community	4308
schools, and that each of the proposed taxes first will be levied	4309
in a different year, over a specified period of time. The board	4310
shall identify the taxes proposed under this division in the same	4311
manner as in division (A)(1) of this section. The rate of each	4312
incremental tax shall be identical, but the rates of such	4313
incremental taxes need not be the same as the rate of the original	4314
tax. In addition to the specifications required of the resolution	4315
in division (A) of this section, the resolution shall state the	4316
number of the mills to be levied each year for the current	4317
expenses of the partnering community schools and the number of the	4318
mills to be levied each year for the current expenses of the	4319
school district. The number of mills for the current expenses of	4320
partnering community schools shall be the same for each of the	4321
incremental taxes, and the number of mills for the current	4322
expenses of the municipal school district shall be the same for	4323
each of the incremental taxes.	4324

The levy of taxes for the current expenses of a partnering	4325
community school under division (C) of this section and the	4326
distribution of proceeds from the tax by a municipal school	4327
district to partnering community schools is hereby determined to	4328
be a proper public purpose.	4329

(2) The board of education, by a vote of two-thirds of all of	4330
its members, may adopt a resolution proposing to renew taxes	4331
levied other than for a continuing period of time under division	4332
(C)(1) of this section. In such a renewal levy, the rates	4333
allocated to the municipal school district and to partnering	4334
community schools each may be increased or decreased or remain the	4335
same, and the total rate may be increased, decreased, or remain	4336
the same. In addition to the requirements of division (A)(2) of	4337
this section, the resolution shall state the number of the mills	4338
to be levied for the current expenses of the partnering community	4339
schools and the number of the mills to be levied for the current	4340
expenses of the school district.	4341

(3) A resolution adopted under division (C)(1) or (2) of this	4342
section is subject to the rules and procedures prescribed by	4343
division (A)(3) of this section.	4344

(4) The proceeds of each tax levied under division (C)(1) or	4345
(2) of this section shall be credited and distributed in the	4346
manner prescribed by division (B)(3) of section 5705.21 of the	4347
Revised Code, and divisions (B)(4), (5), and (6) of that section	4348
apply to taxes levied under division (C) of this section.	4349

(5) Notwithstanding section 133.30 of the Revised Code, after	4350
the approval of a tax to be levied under division (C)(1) or (2) of	4351
this section, in the current or succeeding year and prior to the	4352
time when the first tax collection from that levy can be made, the	4353
board of education may anticipate a fraction of the proceeds of	4354
the levy for the current expenses of the municipal school district	4355
and issue anticipation notes in a principal amount not exceeding	4356
fifty per cent of the estimated proceeds of the levy to be	4357
collected during the first year of the levy and allocated to the	4358
school district. The portion of levy proceeds to be allocated to	4359
partnering community schools shall not be included in the	4360
estimated proceeds anticipated under this division and shall not	4361
be used to pay debt charges on any anticipation notes.	4362

The notes shall be sold as provided in Chapter 133. of the	4363
Revised Code. If anticipation notes are issued, they shall mature	4364
serially and in substantially equal amounts during each year over	4365
a period not to exceed five years. The amount necessary to pay the	4366
interest and principal as the anticipation notes mature shall be	4367
deemed appropriated for those purposes from the levy, and	4368
appropriations from the levy by the board of education shall be	4369
limited each fiscal year to the balance available in excess of	4370
that amount.	4371

If the auditor of state has certified a deficit pursuant to	4372
section 3313.483 of the Revised Code, the notes authorized under	4373
this section may be sold in accordance with Chapter 133. of the	4374
Revised Code, except that the board may sell the notes after	4375
providing a reasonable opportunity for competitive bidding.	4376

As used in division (C) of this section, "municipal school	4377
district" and "partnering community schools" have the same	4378
meanings as in section 5705.21 of the Revised Code.	4379

(D) The submission of questions to the electors under this	4380
section is subject to the limitation on the number of election	4381
dates established by section 5705.214 of the Revised Code.	4382

Sec. 5705.215. (A) The governing board of an educational	4383
service center that is the taxing authority of a county school	4384
financing district, upon receipt of identical resolutions adopted	4385
within a sixty-day period by a majority of the members of the	4386
board of education of each school district that is within the	4387
territory of the county school financing district, may submit a	4388
tax levy to the electors of the territory in the same manner as a	4389
school board may submit a levy under division ~~(B)~~(C) of section	4390
5705.21 of the Revised Code, except that:	4391

(1) The levy may be for a period not to exceed ten years, or,	4392
if the levy is solely for the purpose or purposes described in	4393
division (A)(2)(a) or (c) of this section, for a continuing period	4394
of time.	4395

(2) The purpose of the levy shall be one or more of the	4396
following:	4397

(a) For current expenses for the provision of special	4398
education and related services within the territory of the	4399
district;	4400

(b) For permanent improvements within the territory of the	4401
district for special education and related services;	4402

(c) For current expenses for specified educational programs	4403
within the territory of the district;	4404

(d) For permanent improvements within the territory of the	4405
district for specified educational programs;	4406

(e) For permanent improvements within the territory of the	4407
district.	4408

(B) If the levy provides for but is not limited to current	4409
expenses, the resolutions shall apportion the annual rate of the	4410
levy between current expenses and the other purposes. The	4411
apportionment need not be the same for each year of the levy, but	4412
the respective portions of the rate actually levied each year for	4413
current expenses and the other purposes shall be limited by that	4414
apportionment.	4415

(C) Prior to the application of section 319.301 of the	4416
Revised Code, the rate of a levy that is limited to, or to the	4417
extent that it is apportioned to, purposes other than current	4418
expenses shall be reduced in the same proportion in which the	4419
district's total valuation increases during the life of the levy	4420
because of additions to such valuation that have resulted from	4421
improvements added to the tax list and duplicate.	4422

(D) After the approval of a county school financing district	4423
levy under this section, the taxing authority may anticipate a	4424
fraction of the proceeds of such levy and may from time to time	4425
during the life of such levy, but in any given year prior to the	4426
time when the tax collection from such levy can be made for that	4427
year, issue anticipation notes in an amount not exceeding fifty	4428
per cent of the estimated proceeds of the levy to be collected in	4429
each year up to a period of five years after the date of the	4430
issuance of such notes, less an amount equal to the proceeds of	4431
such levy obligated for each year by the issuance of anticipation	4432
notes, provided that the total amount maturing in any one year	4433
shall not exceed fifty per cent of the anticipated proceeds of the	4434
levy for that year. Each issue of notes shall be sold as provided	4435
in Chapter 133. of the Revised Code, and shall, except for such	4436
limitation that the total amount of such notes maturing in any one	4437
year shall not exceed fifty per cent of the anticipated proceeds	4438
of such levy for that year, mature serially in substantially equal	4439
installments during each year over a period not to exceed five	4440
years after their issuance.	4441

(E)(1) In a resolution to be submitted to the taxing	4442
authority of a county school financing district under division (A)	4443
of this section calling for a ballot issue on the question of the	4444
levying of a tax for a continuing period of time by the taxing	4445
authority, the board of education of a school district that is	4446
part of the territory of the county school financing district also	4447
may propose to reduce the rate of one or more of that school	4448
district's property taxes levied for a continuing period of time	4449
in excess of the ten-mill limitation. The reduction in the rate of	4450
a property tax may be any amount, expressed in mills per one	4451
dollar of valuation, not exceeding the rate at which the tax is	4452
authorized to be levied. The reduction in the rate of a tax shall	4453
first take effect in the same year that the county school	4454
financing district tax takes effect, and shall continue for each	4455
year that the county school financing district tax is in effect. A	4456
board of education's resolution proposing to reduce the rate of	4457
one or more of its school district property taxes shall	4458
specifically identify each such tax and shall state for each tax	4459
the maximum rate at which it currently may be levied and the	4460
maximum rate at which it could be levied after the proposed	4461
reduction, expressed in mills per one dollar of valuation.	4462

Before submitting the resolution to the taxing authority of	4463
the county school financing district, the board of education of	4464
the school district shall certify a copy of it to the tax	4465
commissioner. Within ten days of receiving the copy, the tax	4466
commissioner shall certify to the board the reduction in the	4467
school district's total effective tax rate for each class of	4468
property that would have resulted if the proposed reduction in the	4469
rate or rates had been in effect the previous year. After	4470
receiving the certification from the commissioner, the board may	4471
amend its resolution to change the proposed property tax rate	4472
reduction before submitting the resolution to the financing	4473
district taxing authority. As used in this paragraph, "effective	4474
tax rate" has the same meaning as in section 323.08 of the Revised	4475
Code.	4476

If the board of education of a school district that is part	4477
of the territory of a county school financing district adopts a	4478
resolution proposing to reduce the rate of one or more of its	4479
property taxes in conjunction with the levying of a tax by the	4480
financing district, the resolution submitted by the board to the	4481
taxing authority of the financing district under division (A) of	4482
this section does not have to be identical in this respect to the	4483
resolutions submitted by the boards of education of the other	4484
school districts that are part of the territory of the county	4485
school financing district.	4486

(2) Each school district that is part of the territory of a	4487
county school financing district may tailor to its own situation a	4488
proposed reduction in one or more property tax rates in	4489
conjunction with the proposed levying of a tax by the county	4490
school financing district; if one such school district proposes a	4491
reduction in one or more tax rates, another school district may	4492
propose a reduction of a different size or may propose no	4493
reduction. Within each school district that is part of the	4494
territory of the county school financing district, the electors	4495
shall vote on one ballot issue combining the question of the	4496
levying of the tax by the taxing authority of the county school	4497
financing district with, if any such reduction is proposed, the	4498
question of the reduction in the rate of one or more taxes of the	4499
school district. If a majority of the electors of the county	4500
school financing district voting on the question of the proposed	4501
levying of a tax by the taxing authority of the financing district	4502
vote to approve the question, any tax reductions proposed by	4503
school districts that are part of the territory of the financing	4504
district also are approved.	4505

(3) The form of the ballot for an issue proposing to levy a	4506
county school financing district tax in conjunction with the	4507
reduction of the rate of one or more school district taxes shall	4508
be as follows:	4509

"Shall the ....... (name of the county school financing	4510
district) be authorized to levy an additional tax for .......	4511
(purpose stated in the resolutions) at a rate not exceeding	4512
....... mills for each one dollar of valuation, which amounts to	4513
....... (rate expressed in dollars and cents) for each one hundred	4514
dollars of valuation, for a continuing period of time? If the	4515
county school financing district tax is approved, the rate of an	4516
existing tax currently levied by the ....... (name of the school	4517
district of which the elector is a resident) at the rate of	4518
....... mills for each one dollar of valuation shall be reduced to	4519
....... mills until any such time as the county school financing	4520
district tax is decreased or repealed.	4521

4522

		For the issue			4523
		Against the issue	"		4524

4525

If the board of education of the school district proposes to	4526
reduce the rate of more than one of its existing taxes, the second	4527
sentence of the ballot language shall be modified for residents of	4528
that district to express the rates at which those taxes currently	4529
are levied and the rates to which they would be reduced. If the	4530
board of education of the school district does not propose to	4531
reduce the rate of any of its taxes, the second sentence of the	4532
ballot language shall not be used for residents of that district.	4533
In any case, the first sentence of the ballot language shall be	4534
the same for all the electors in the county school financing	4535
district, but the second sentence shall be different in each	4536
school district depending on whether and in what amount the board	4537
of education of the school district proposes to reduce the rate of	4538
one or more of its property taxes.	4539

(4) If the rate of a school district property tax is reduced	4540
pursuant to this division, the tax commissioner shall compute the	4541
percentage required to be computed for that tax under division (D)	4542
of section 319.301 of the Revised Code each year the rate is	4543
reduced as if the tax had been levied in the preceding year at the	4544
rate to which it has been reduced. If the reduced rate of a tax is	4545
increased under division (E)(5) of this section, the commissioner	4546
shall compute the percentage required to be computed for that tax	4547
under division (D) of section 319.301 of the Revised Code each	4548
year the rate is increased as if the tax had been levied in the	4549
preceding year at the rate to which it has been increased.	4550

(5) After the levying of a county school financing district	4551
tax in conjunction with the reduction of the rate of one or more	4552
school district taxes is approved by the electors under this	4553
division, if the rate of the county school financing district tax	4554
is decreased pursuant to an election under section 5705.261 of the	4555
Revised Code, the rate of each school district tax that had been	4556
reduced shall be increased by the number of mills obtained by	4557
multiplying the number of mills of the original reduction by the	4558
same percentage that the financing district tax rate is decreased.	4559
If the county school financing district tax is repealed pursuant	4560
to an election under section 5705.261 of the Revised Code, each	4561
school district may resume levying the property taxes that had	4562
been reduced at the full rate originally approved by the electors.	4563
A reduction in the rate of a school district property tax under	4564
this division is a reduction in the rate at which the board of	4565
education may levy that tax only for the period during which the	4566
county school financing district tax is levied prior to any	4567
decrease or repeal under section 5705.261 of the Revised Code. The	4568
resumption of the authority of the board of education to levy an	4569
increased or the full rate of tax does not constitute the levying	4570
of a new tax in excess of the ten-mill limitation.	4571

Sec. 5705.216. A board of education that has issued notes in	4572
anticipation of the proceeds of a permanent improvements levy in	4573
the maximum amount permitted under division ~~(C)~~(D)(2) or (3) of	4574
section 5705.21 of the Revised Code or a taxing authority of a	4575
county school financing district that has issued notes in	4576
anticipation of the proceeds of a levy in the maximum amount	4577
permitted under section 5705.215 of the Revised Code may, if the	4578
proceeds from the issuance of such notes have been spent,	4579
contracted, or encumbered, apply to the superintendent of public	4580
instruction for authorization to anticipate a fraction of the	4581
remaining estimated proceeds of the levy and issue anticipation	4582
notes for that purpose. The application shall be in such form and	4583
contain such information as the superintendent considers necessary	4584
and shall specify the amount of notes to be issued. The amount	4585
shall not exceed the following:	4586

(A) In the case of a school district:

4587

(1) For levies described under division ~~(C)~~(D)(2) of section	4588
5705.21 of the Revised Code, the amount by which the total	4589
estimated proceeds of the levy remaining to be collected	4590
throughout its life exceeds the amount from such proceeds required	4591
to pay the principal and interest on notes issued under section	4592
5705.21 of the Revised Code and the interest on any notes issued	4593
under this section;	4594

(2) For levies described under division ~~(C)~~(D)(3) of section	4595
5705.21 of the Revised Code, the amount by which the total	4596
estimated proceeds of the levy remaining to be collected over the	4597
specified number of years authorized for the issuance of the notes	4598
exceeds the amount from such proceeds required to pay the	4599
principal and interest on notes issued under section 5705.21 of	4600
the Revised Code and the interest on any notes issued under this	4601
section.	4602

(B) In the case of a county school financing district, the	4603
amount by which the total estimated proceeds of the levy remaining	4604
to be collected for the first five years of its life exceed the	4605
amount from such proceeds required to pay the principal and	4606
interest on notes issued under section 5705.215 of the Revised	4607
Code and the interest on any notes issued under this section.	4608

The superintendent shall examine the application and any	4609
other relevant information submitted and shall determine and	4610
certify the maximum amount of notes the district may issue under	4611
this section, which may be an amount less than the amount	4612
requested by the district.	4613

If the superintendent determines that the anticipated	4614
proceeds from the levy may be significantly less than expected and	4615
that additional notes should not be issued, hethe superintendent	4616
may deny the application and give written notice of the denial to	4617
the president of the district's board of education or the taxing	4618
authority.	4619

Such notes shall be sold in the same manner as notes issued	4620
under section 5705.21 or 5705.215 of the Revised Code.	4621

Sec. 5705.218. (A) The board of education of a city, local,	4622
or exempted village school district, at any time by a vote of	4623
two-thirds of all its members, may declare by resolution that it	4624
may be necessary for the school district to issue general	4625
obligation bonds for permanent improvements. The resolution shall	4626
state all of the following:	4627

(1) The necessity and purpose of the bond issue;

4628

(2) The date of the special election at which the question	4629
shall be submitted to the electors;	4630

(3) The amount, approximate date, estimated rate of interest,	4631
and maximum number of years over which the principal of the bonds	4632
may be paid;	4633

(4) The necessity of levying a tax outside the ten-mill	4634
limitation to pay debt charges on the bonds and any anticipatory	4635
securities.	4636

On adoption of the resolution, the board shall certify a copy	4637
of it to the county auditor. The county auditor promptly shall	4638
estimate and certify to the board the average annual property tax	4639
rate required throughout the stated maturity of the bonds to pay	4640
debt charges on the bonds, in the same manner as under division	4641
(C) of section 133.18 of the Revised Code.	4642

(B) After receiving the county auditor's certification under	4643
division (A) of this section, the board of education of the city,	4644
local, or exempted village school district, by a vote of	4645
two-thirds of all its members, may declare by resolution that the	4646
amount of taxes that can be raised within the ten-mill limitation	4647
will be insufficient to provide an adequate amount for the present	4648
and future requirements of the school district; that it is	4649
necessary to issue general obligation bonds of the school district	4650
for permanent improvements and to levy an additional tax in excess	4651
of the ten-mill limitation to pay debt charges on the bonds and	4652
any anticipatory securities; that it is necessary for a specified	4653
number of years or for a continuing period of time to levy	4654
additional taxes in excess of the ten-mill limitation to provide	4655
funds for the acquisition, construction, enlargement, renovation,	4656
and financing of permanent improvements or to pay for current	4657
operating expenses, or both; and that the question of the bonds	4658
and taxes shall be submitted to the electors of the school	4659
district at a special election, which shall not be earlier than	4660
ninety days after certification of the resolution to the board of	4661
elections, and the date of which shall be consistent with section	4662
3501.01 of the Revised Code. The resolution shall specify all of	4663
the following:	4664

(1) The county auditor's estimate of the average annual	4665
property tax rate required throughout the stated maturity of the	4666
bonds to pay debt charges on the bonds;	4667

(2) The proposed rate of the tax, if any, for current	4668
operating expenses, the first year the tax will be levied, and the	4669
number of years it will be levied, or that it will be levied for a	4670
continuing period of time;	4671

(3) The proposed rate of the tax, if any, for permanent	4672
improvements, the first year the tax will be levied, and the	4673
number of years it will be levied, or that it will be levied for a	4674
continuing period of time.	4675

The resolution shall apportion the annual rate of the tax	4676
between current operating expenses and permanent improvements, if	4677
both taxes are proposed. The apportionment may but need not be the	4678
same for each year of the tax, but the respective portions of the	4679
rate actually levied each year for current operating expenses and	4680
permanent improvements shall be limited by the apportionment. The	4681
resolution shall go into immediate effect upon its passage, and no	4682
publication of it is necessary other than that provided in the	4683
notice of election. The board of education shall certify a copy of	4684
the resolution, along with copies of the auditor's estimate and	4685
its resolution under division (A) of this section, to the board of	4686
elections immediately after its adoption.	4687

(C) The board of elections shall make the arrangements for	4688
the submission ~~of the question~~ to the electors of the school	4689
district of the question proposed under division (B) or (J) of	4690
this section, and the election shall be conducted, canvassed, and	4691
certified in the same manner as regular elections in the district	4692
for the election of county officers. The resolution shall be put	4693
before the electors as one ballot question, with a favorable vote	4694
indicating approval of the bond issue, the levy to pay debt	4695
charges on the bonds and any anticipatory securities, the current	4696
operating expenses levy, ~~and~~ the permanent improvements levy, if	4697
~~either or both levies are~~and the levy for the current expenses of	4698
a municipal school district and of partnering community schools,	4699
as those levies may be proposed. The board of elections shall	4700
publish notice of the election in a newspaper of general	4701
circulation in the school district once a week for two consecutive	4702
weeks, or as provided in section 7.16 of the Revised Code, prior	4703
to the election. If a board of elections operates and maintains a	4704
web site, that board also shall post notice of the election on its	4705
web site for thirty days prior to the election. The notice of	4706
election shall state all of the following:	4707

(1) The principal amount of the proposed bond issue;

4708

(2) The permanent improvements for which the bonds are to be	4709
issued;	4710

(3) The maximum number of years over which the principal of	4711
the bonds may be paid;	4712

(4) The estimated additional average annual property tax rate	4713
to pay the debt charges on the bonds, as certified by the county	4714
auditor;	4715

(5) The proposed rate of the additional tax, if any, for	4716
current operating expenses and, if the question is proposed under	4717
division (J) of this section, the portion of the rate to be	4718
allocated to the school district and the portion to be allocated	4719
to partnering community schools;	4720

(6) The number of years the current operating expenses tax	4721
will be in effect, or that it will be in effect for a continuing	4722
period of time;	4723

(7) The proposed rate of the additional tax, if any, for	4724
permanent improvements;	4725

(8) The number of years the permanent improvements tax will	4726
be in effect, or that it will be in effect for a continuing period	4727
of time;	4728

(9) The time and place of the special election.

4729

(D) The form of the ballot for an election under this section	4730
is as follows:	4731

"Shall the .......... school district be authorized to do the	4732
following:	4733

(1) Issue bonds for the purpose of .......... in the	4734
principal amount of $......, to be repaid annually over a maximum	4735
period of ...... years, and levy a property tax outside the	4736
ten-mill limitation, estimated by the county auditor to average	4737
over the bond repayment period ...... mills for each one dollar of	4738
tax valuation, which amounts to ...... (rate expressed in cents or	4739
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	4740
tax valuation, to pay the annual debt charges on the bonds, and to	4741
pay debt charges on any notes issued in anticipation of those	4742
bonds?"	4743

If either a levy for permanent improvements or a levy for	4744
current operating expenses is proposed, or both are proposed, the	4745
ballot also shall contain the following language, as appropriate:	4746

"(2) Levy an additional property tax to provide funds for the	4747
acquisition, construction, enlargement, renovation, and financing	4748
of permanent improvements at a rate not exceeding ....... mills	4749
for each one dollar of tax valuation, which amounts to .......	4750
(rate expressed in cents or dollars and cents) for each $100 of	4751
tax valuation, for ...... (number of years of the levy, or a	4752
continuing period of time)?	4753

(3) Levy an additional property tax to pay current operating	4754
expenses at a rate not exceeding ....... mills for each one dollar	4755
of tax valuation, which amounts to ....... (rate expressed in	4756
cents or dollars and cents) for each $100 of tax valuation, for	4757
....... (number of years of the levy, or a continuing period of	4758
time)?	4759

4760

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			4761
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		4762

4763

If the question is proposed under division (J) of this	4764
section, the form of the ballot shall be modified as prescribed by	4765
division (J)(4) of this section.	4766

(E) The board of elections promptly shall certify the results	4767
of the election to the tax commissioner and the county auditor of	4768
the county in which the school district is located. If a majority	4769
of the electors voting on the question vote for it, the board of	4770
education may proceed with issuance of the bonds and with the levy	4771
and collection of the property tax or taxes at the additional rate	4772
or any lesser rate in excess of the ten-mill limitation. Any	4773
securities issued by the board of education under this section are	4774
Chapter 133. securities, as that term is defined in section 133.01	4775
of the Revised Code.	4776

(F)(1) After the approval of a tax for current operating	4777
expenses under this section and prior to the time the first	4778
collection and distribution from the levy can be made, the board	4779
of education may anticipate a fraction of the proceeds of such	4780
levy and issue anticipation notes in a principal amount not	4781
exceeding fifty per cent of the total estimated proceeds of the	4782
tax to be collected during the first year of the levy.	4783

(2) After the approval of a tax under this section for	4784
permanent improvements having a specific purpose, the board of	4785
education may anticipate a fraction of the proceeds of such tax	4786
and issue anticipation notes in a principal amount not exceeding	4787
fifty per cent of the total estimated proceeds of the tax	4788
remaining to be collected in each year over a period of five years	4789
after issuance of the notes.	4790

(3) After the approval of a tax for general, on-going	4791
permanent improvements under this section, the board of education	4792
may anticipate a fraction of the proceeds of such tax and issue	4793
anticipation notes in a principal amount not exceeding fifty per	4794
cent of the total estimated proceeds of the tax to be collected in	4795
each year over a specified period of years, not exceeding ten,	4796
after issuance of the notes.	4797

Anticipation notes under this section shall be issued as	4798
provided in section 133.24 of the Revised Code. Notes issued under	4799
division (F)(1) or (2) of this section shall have principal	4800
payments during each year after the year of their issuance over a	4801
period not to exceed five years, and may have a principal payment	4802
in the year of their issuance. Notes issued under division (F)(3)	4803
of this section shall have principal payments during each year	4804
after the year of their issuance over a period not to exceed ten	4805
years, and may have a principal payment in the year of their	4806
issuance.	4807

(G) A tax for current operating expenses or for permanent	4808
improvements levied under this section for a specified number of	4809
years may be renewed or replaced in the same manner as a tax for	4810
current operating expenses or for permanent improvements levied	4811
under section 5705.21 of the Revised Code. A tax for current	4812
operating expenses or for permanent improvements levied under this	4813
section for a continuing period of time may be decreased in	4814
accordance with section 5705.261 of the Revised Code.	4815

(H) The submission of a question to the electors under this	4816
section is subject to the limitation on the number of elections	4817
that can be held in a year under section 5705.214 of the Revised	4818
Code.	4819

(I) A school district board of education proposing a ballot	4820
measure under this section to generate local resources for a	4821
project under the school building assistance expedited local	4822
partnership program under section 3318.36 of the Revised Code may	4823
combine the questions under division (D) of this section with a	4824
question for the levy of a property tax to generate moneys for	4825
maintenance of the classroom facilities acquired under that	4826
project as prescribed in section 3318.361 of the Revised Code.	4827

(J)(1) After receiving the county auditor's certification	4828
under division (A) of this section, the board of education of a	4829
municipal school district, by a vote of two-thirds of all its	4830
members, may declare by resolution that it is necessary to levy a	4831
tax in excess of the ten-mill limitation for the purpose of paying	4832
the current expenses of the school district and of partnering	4833
community schools, as defined in section 5705.21 of the Revised	4834
Code; that it is necessary to issue general obligation bonds of	4835
the school district for permanent improvements of the district and	4836
to levy an additional tax in excess of the ten-mill limitation to	4837
pay debt charges on the bonds and any anticipatory securities; and	4838
that the question of the bonds and taxes shall be submitted to the	4839
electors of the school district at a special election, which shall	4840
not be earlier than ninety days after certification of the	4841
resolution to the board of elections, and the date of which shall	4842
be consistent with section 3505.01 of the Revised Code.	4843

The levy of taxes for the current expenses of a partnering	4844
community school under division (J) of this section and the	4845
distribution of proceeds from the tax by a municipal school	4846
district to partnering community schools is hereby determined to	4847
be a proper public purpose.	4848

(2) The tax for the current expenses of the school district	4849
and of partnering community schools is subject to the requirements	4850
of divisions (B)(3), (4), and (5) of section 5705.21 of the	4851
Revised Code.	4852

(3) In addition to the required specifications of the	4853
resolution under division (B) of this section, the resolution	4854
shall express the rate of the tax in mills per dollar of taxable	4855
value, state the number of the mills to be levied for the current	4856
expenses of the partnering community schools and the number of the	4857
mills to be levied for the current expenses of the school	4858
district, specify the number of years (not exceeding ten) the tax	4859
will be levied or that it will be levied for a continuing period	4860
of time, and state the first year the tax will be levied.	4861

The resolution shall go into immediate effect upon its	4862
passage, and no publication of it is necessary other than that	4863
provided in the notice of election. The board of education shall	4864
certify a copy of the resolution, along with copies of the	4865
auditor's estimate and its resolution under division (A) of this	4866
section, to the board of elections immediately after its adoption.	4867

(4) The form of the ballot shall be modified by replacing the	4868
ballot form set forth in division (D)(3) of this section with the	4869
following:	4870

"Levy an additional property tax for the purpose of the	4871
current expenses of the school district and of partnering	4872
community schools at a rate not exceeding ...... (insert the	4873
number of mills) mills for each one dollar of valuation (of which	4874
...... (insert the number of mills to be allocated to partnering	4875
community schools) mills is to be allocated to partnering	4876
community schools), which amounts to ...... (insert the rate	4877
expressed in dollars and cents) for each one hundred dollars of	4878
valuation, for ...... (insert the number of years the levy is to	4879
be imposed, or that it will be levied for a continuing period of	4880
time)?	4881

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			4883
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		4884

(5) After the approval of a tax for the current expenses of	4885
the school district and of partnering community schools under	4886
division (J) of this section, and prior to the time the first	4887
collection and distribution from the levy can be made, the board	4888
of education may anticipate a fraction of the proceeds of the levy	4889
for the current expenses of the school district and issue	4890
anticipation notes in a principal amount not exceeding fifty per	4891
cent of the estimated proceeds of the levy to be collected during	4892
the first year of the levy and allocated to the school district.	4893
The portion of levy proceeds to be allocated to partnering	4894
community schools shall not be included in the estimated proceeds	4895
anticipated under this division and shall not be used to pay debt	4896
charges on any anticipation notes.	4897

The notes shall be issued as provided in section 133.24 of	4898
the Revised Code, shall have principal payments during each year	4899
after the year of their issuance over a period not to exceed five	4900
years, and may have a principal payment in the year of their	4901
issuance.	4902

(6) A tax for the current expenses of the school district and	4903
of partnering community schools levied under division (J) of this	4904
section for a specified number of years may be renewed or replaced	4905
in the same manner as a tax for the current expenses of a school	4906
district and of partnering community schools levied under division	4907
(B) of section 5705.21 of the Revised Code. A tax for the current	4908
expenses of the school district and of partnering community	4909
schools levied under this division for a continuing period of time	4910
may be decreased in accordance with section 5705.261 of the	4911
Revised Code.	4912

(7) The proceeds from the issuance of the general obligation	4913
bonds under division (J) of this section shall be used solely to	4914
pay for permanent improvements of the school district and not for	4915
permanent improvements of partnering community schools.	4916

Sec. 5705.251. (A) A copy of a resolution adopted under	4917
section 5705.212 or 5705.213 of the Revised Code shall be	4918
certified by the board of education to the board of elections of	4919
the proper county not less than ninety days before the date of the	4920
election specified in the resolution, and the board of elections	4921
shall submit the proposal to the electors of the school district	4922
at a special election to be held on that date. The board of	4923
elections shall make the necessary arrangements for the submission	4924
of the question or questions to the electors of the school	4925
district, and the election shall be conducted, canvassed, and	4926
certified in the same manner as regular elections in the school	4927
district for the election of county officers. Notice of the	4928
election shall be published in a newspaper of general circulation	4929
in the subdivision once a week for two consecutive weeks, or as	4930
provided in section 7.16 of the Revised Code, prior to the	4931
election. If the board of elections operates and maintains a web	4932
site, the board of elections shall post notice of the election on	4933
its web site for thirty days prior to the election.	4934

(1) In the case of a resolution adopted under section	4935
5705.212 of the Revised Code, the notice shall state separately,	4936
for each tax being proposed, the purpose; the proposed increase in	4937
rate, expressed in dollars and cents for each one hundred dollars	4938
of valuation as well as in mills for each one dollar of valuation;	4939
the number of years during which the increase will be in effect;	4940
and the first calendar year in which the tax will be due. For an	4941
election on the question of a renewal levy, the notice shall state	4942
the purpose; the proposed rate, expressed in dollars and cents for	4943
each one hundred dollars of valuation as well as in mills for each	4944
one dollar of valuation; and the number of years the tax will be	4945
in effect. If the resolution is adopted under division (C) of that	4946
section, the rate of each tax being proposed shall be expressed as	4947
both the total rate and the portion of the total rate to be	4948
allocated to the municipal school district and the portion to be	4949
allocated to partnering community schools.	4950

(2) In the case of a resolution adopted under section	4951
5705.213 of the Revised Code, the notice shall state the purpose;	4952
the amount proposed to be raised by the tax in the first year it	4953
is levied; the estimated average additional tax rate for the first	4954
year it is proposed to be levied, expressed in mills for each one	4955
dollar of valuation and in dollars and cents for each one hundred	4956
dollars of valuation; the number of years during which the	4957
increase will be in effect; and the first calendar year in which	4958
the tax will be due. The notice also shall state the amount by	4959
which the amount to be raised by the tax may be increased in each	4960
year after the first year. The amount of the allowable increase	4961
may be expressed in terms of a dollar increase over, or a	4962
percentage of, the amount raised by the tax in the immediately	4963
preceding year. For an election on the question of a renewal levy,	4964
the notice shall state the purpose; the amount proposed to be	4965
raised by the tax; the estimated tax rate, expressed in mills for	4966
each one dollar of valuation and in dollars and cents for each one	4967
hundred dollars of valuation; and the number of years the tax will	4968
be in effect.	4969

In any case, the notice also shall state the time and place	4970
of the election.	4971

(B)(1) The form of the ballot in an election on taxes	4972
proposed under section 5705.212 of the Revised Code shall be as	4973
follows:	4974

"Shall the .......... school district be authorized to levy	4975
taxes for current expenses, the aggregate rate of which may	4976
increase in ...... (number) increment(s) of not more than ......	4977
mill(s) for each dollar of valuation, from an original rate of	4978
...... mill(s) for each dollar of valuation, which amounts to	4979
...... (rate expressed in dollars and cents) for each one hundred	4980
dollars of valuation, to a maximum rate of ...... mill(s) for each	4981
dollar of valuation, which amounts to ...... (rate expressed in	4982
dollars and cents) for each one hundred dollars of valuation? The	4983
original tax is first proposed to be levied in ...... (the first	4984
year of the tax), and the incremental tax in ...... (the first	4985
year of the increment) (if more than one incremental tax is	4986
proposed in the resolution, the first year that each incremental	4987
tax is proposed to be levied shall be stated in the preceding	4988
format, and the increments shall be referred to as the first,	4989
second, third, or fourth increment, depending on their number).	4990
The aggregate rate of tax so authorized will .......... (insert	4991
either, "expire with the original rate of tax which shall be in	4992
effect for ...... years" or "be in effect for a continuing period	4993
of time").	4994

4995

		FOR THE TAX LEVIES			4996
		AGAINST THE TAX LEVIES	"		4997

4998

If the tax is proposed by a municipal school district under	4999
division (C)(1) of section 5705.212 of the Revised Code, the form	5000
of the ballot shall be modified by adding, after the phrase "each	5001
dollar of valuation," the following: "(of which ...... mills is to	5002
be allocated to partnering community schools)."	5003

(2) The form of the ballot in an election on the question of	5004
a renewal levy under section 5705.212 of the Revised Code shall be	5005
as follows:	5006

"Shall the ......... school district be authorized to renew a	5007
tax for current expenses at a rate not exceeding ......... mills	5008
for each dollar of valuation, which amounts to ......... (rate	5009
expressed in dollars and cents) for each one hundred dollars of	5010
valuation, for .......... (number of years the levy shall be in	5011
effect, or a continuing period of time)?	5012

5013

		FOR THE TAX LEVY			5014
		AGAINST THE TAX LEVY	"		5015

5016

If the tax is proposed by a municipal school district under	5017
division (C)(2) of section 5705.212 of the Revised Code and the	5018
total rate and the rates allocated to the school district and	5019
partnering community schools are to remain the same as those of	5020
the levy being renewed, the form of the ballot shall be modified	5021
by adding, after the phrase "each dollar of valuation," the	5022
following: "(of which ...... mills is to be allocated to	5023
partnering community schools)." If the total rate is to be	5024
increased, the form of the ballot shall state that the proposal is	5025
to renew the existing tax with an increase in rate and shall state	5026
the increase in rate, the total rate resulting from the increase,	5027
and, of that rate, the portion of the rate to be allocated to	5028
partnering community schools. If the total rate is to be	5029
decreased, the form of the ballot shall state that the proposal is	5030
to renew a part of the existing tax and shall state the reduction	5031
in rate, the total rate resulting from the decrease, and, of that	5032
rate, the portion of the rate to be allocated to partnering	5033
community schools.	5034

(3) If a tax proposed by a ballot form prescribed in division	5035
(B)(1) or (2) of this section is to be placed on the current tax	5036
list, the form of the ballot shall be modified by adding, after	5037
the statement of the number of years the levy is to be in effect,	5038
the phrase ", commencing in .......... (first year the tax is to	5039
be levied), first due in calendar year .......... (first calendar	5040
year in which the tax shall be due)."	5041

(C) The form of the ballot in an election on a tax proposed	5042
under section 5705.213 of the Revised Code shall be as follows:	5043

"Shall the ........ school district be authorized to levy the	5044
following tax for current expenses? The tax will first be levied	5045
in ...... (year) to raise ...... (dollars). In the ...... (number	5046
of years) following years, the tax will increase by not more than	5047
...... (per cent or dollar amount of increase) each year, so that,	5048
during ...... (last year of the tax), the tax will raise	5049
approximately ...... (dollars). The county auditor estimates that	5050
the rate of the tax per dollar of valuation will be ......	5051
mill(s), which amounts to $..... per one hundred dollars of	5052
valuation, both during ...... (first year of the tax) and ......	5053
mill(s), which amounts to $...... per one hundred dollars of	5054
valuation, during ...... (last year of the tax). The tax will not	5055
be levied after ...... (year).	5056

5057

		FOR THE TAX LEVY			5058
		AGAINST THE TAX LEVY	"		5059

5060

The form of the ballot in an election on the question of a	5061
renewal levy under section 5705.213 of the Revised Code shall be	5062
as follows:	5063

"Shall the ......... school district be authorized to renew a	5064
tax for current expenses which will raise ......... (dollars),	5065
estimated by the county auditor to be ......... mills for each	5066
dollar of valuation, which amounts to ......... (rate expressed in	5067
dollars and cents) for each one hundred dollars of valuation? The	5068
tax shall be in effect for ......... (the number of years the levy	5069
shall be in effect, or a continuing period of time).	5070

5071

		FOR THE TAX LEVY			5072
		AGAINST THE TAX LEVY	"		5073

5074

If the tax is to be placed on the current tax list, the form	5075
of the ballot shall be modified by adding, after the statement of	5076
the number of years the levy is to be in effect, the phrase ",	5077
commencing in .......... (first year the tax is to be levied),	5078
first due in calendar year .......... (first calendar year in	5079
which the tax shall be due)."	5080

(D) The question covered by a resolution adopted under	5081
section 5705.212 or 5705.213 of the Revised Code shall be	5082
submitted as a separate question, but may be printed on the same	5083
ballot with any other question submitted at the same election,	5084
other than the election of officers. More than one question may be	5085
submitted at the same election.	5086

(E) Taxes voted in excess of the ten-mill limitation under	5087
division (B) or (C) of this section shall be certified to the tax	5088
commissioner. If an additional tax is to be placed upon the tax	5089
list of the current year, as specified in the resolution providing	5090
for its submission, the result of the election shall be certified	5091
immediately after the canvass by the board of elections to the	5092
board of education. The board of education immediately shall make	5093
the necessary levy and certify it to the county auditor, who shall	5094
extend it on the tax list for collection. After the first year,	5095
the levy shall be included in the annual tax budget that is	5096
certified to the county budget commission.	5097

Sec. 5705.261. The question of decrease of an increased rate	5098
of levy approved for a continuing period of time by the voters of	5099
a subdivision may be initiated by the filing of a petition with	5100
the board of elections of the proper county not less than ninety	5101
days before the general election in any year requesting that an	5102
election be held on such question. Such petition shall state the	5103
amount of the proposed decrease in the rate of levy and shall be	5104
signed by qualified electors residing in the subdivision equal in	5105
number to at least ten per cent of the total number of votes cast	5106
in the subdivision for the office of governor at the most recent	5107
general election for that office. Only one such petition may be	5108
filed during each five-year period following the election at which	5109
the voters approved the increased rate for a continuing period of	5110
time.	5111

After determination by it that such petition is valid, the	5112
board of elections shall submit the question to the electors of	5113
the district at the succeeding general election. The election	5114
shall be conducted, canvassed, and certified in the same manner as	5115
regular elections in such subdivision for county offices. Notice	5116
of the election shall be published in a newspaper of general	5117
circulation in the district once a week for two consecutive weeks,	5118
or as provided in section 7.16 of the Revised Code, prior to the	5119
election. If the board of elections operates and maintains a web	5120
site, the board of elections shall post notice of the election on	5121
its web site for thirty days prior to the election. The notice	5122
shall state the purpose, the amount of the proposed decrease in	5123
rate, and the time and place of the election. The form of the	5124
ballot cast at such election shall be prescribed by the secretary	5125
of state. The question covered by such petition shall be submitted	5126
as a separate proposition but it may be printed on the same ballot	5127
with any other propositions submitted at the same election other	5128
than the election of officers. If a majority of the qualified	5129
electors voting on the question of a decrease at such election	5130
approve the proposed decrease in rate, the result of the election	5131
shall be certified immediately after the canvass by the board of	5132
elections to the subdivision's taxing authority, which shall	5133
thereupon, after the current year, cease to levy such increased	5134
rate or levy such tax at such reduced rate upon the duplicate of	5135
the subdivision. If notes have been issued in anticipation of the	5136
collection of such levy, the taxing authority shall continue to	5137
levy and collect under authority of the election authorizing the	5138
original levy such amounts as will be sufficient to pay the	5139
principal of and interest on such anticipation notes as the same	5140
fall due.	5141

In the case of a levy for the current expenses of a municipal	5142
school district and of partnering community schools imposed under	5143
section 5705.192, division (B) of section 5705.21, division (C) of	5144
section 5705.212, or division (J) of section 5705.218 of the	5145
Revised Code for a continuing period of time, the rate allocated	5146
to the school district and to partnering community schools shall	5147
each be decreased by a number of mills per dollar that is	5148
proportionate to the decrease in the rate of the levy in	5149
proportion to the rate at which the levy was imposed before the	5150
decrease.	5151

Sec. 5748.01. As used in this chapter:

5152

(A) "School district income tax" means an income tax adopted	5153
under one of the following:	5154

(1) Former section 5748.03 of the Revised Code as it existed	5155
prior to its repeal by Amended Substitute House Bill No. 291 of	5156
the 115th general assembly;	5157

(2) Section 5748.03 of the Revised Code as enacted in	5158
Substitute Senate Bill No. 28 of the 118th general assembly;	5159

(3) Section 5748.08 of the Revised Code as enacted in Amended	5160
Substitute Senate Bill No. 17 of the 122nd general assembly;	5161

(4) Section 5748.021 of the Revised Code;

5162

(5) Section 5748.081 of the Revised Code;

5163

(6) Section 5748.09 of the Revised Code.

5164

(B) "Individual" means an individual subject to the tax	5165
levied by section 5747.02 of the Revised Code.	5166

(C) "Estate" means an estate subject to the tax levied by	5167
section 5747.02 of the Revised Code.	5168

(D) "Taxable year" means a taxable year as defined in	5169
division (M) of section 5747.01 of the Revised Code.	5170

(E) "Taxable income" means:

5171

(1) In the case of an individual, one of the following, as	5172
specified in the resolution imposing the tax:	5173

(a) Ohio adjusted gross income for the taxable year as	5174
defined in division (A) of section 5747.01 of the Revised Code,	5175
less the exemptions provided by section 5747.02 of the Revised	5176
Code;	5177

(b) Wages, salaries, tips, and other employee compensation to	5178
the extent included in Ohio adjusted gross income as defined in	5179
section 5747.01 of the Revised Code, and net earnings from	5180
self-employment, as defined in section 1402(a) of the Internal	5181
Revenue Code, to the extent included in Ohio adjusted gross	5182
income.	5183

(2) In the case of an estate, taxable income for the taxable	5184
year as defined in division (S) of section 5747.01 of the Revised	5185
Code.	5186

(F) "Resident" of the school district means:

5187

(1) An individual who is a resident of this state as defined	5188
in division (I) of section 5747.01 of the Revised Code during all	5189
or a portion of the taxable year and who, during all or a portion	5190
of such period of state residency, is domiciled in the school	5191
district or lives in and maintains a permanent place of abode in	5192
the school district;	5193

(2) An estate of a decedent who, at the time of death, was	5194
domiciled in the school district.	5195

(G) "School district income" means:

5196

(1) With respect to an individual, the portion of the taxable	5197
income of an individual that is received by the individual during	5198
the portion of the taxable year that the individual is a resident	5199
of the school district and the school district income tax is in	5200
effect in that school district. An individual may have school	5201
district income with respect to more than one school district.	5202

(2) With respect to an estate, the taxable income of the	5203
estate for the portion of the taxable year that the school	5204
district income tax is in effect in that school district.	5205

(H) "Taxpayer" means an individual or estate having school	5206
district income upon which a school district income tax is	5207
imposed.	5208

(I) "School district purposes" means any of the purposes for	5209
which a tax may be levied pursuant to division (A) of section	5210
5705.21 of the Revised Code, including the combined purposes	5211
authorized by section 5705.217 of the Revised Code.	5212

Section 2. That existing sections 124.36, 2903.13, 2921.02,	5213
3302.03, 3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74,	5214
3311.76, 3313.975, 3314.10, 3316.07, 3319.02, 3319.071, 3319.10,	5215
3319.112, 3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151,	5216
3319.18, 3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215,	5217
5705.216, 5705.218, 5705.251, 5705.261, and 5748.01 of the Revised	5218
Code are hereby repealed.	5219

Section 3. The amendment by this act of sections 5705.192,	5220
5705.21, 5705.212, 5705.215, 5705.216, 5705.218, 5705.251,	5221
5705.261, and 5748.01 of the Revised Code apply to any proceedings	5222
commenced after their effective date, and, so far as their	5223
provisions support the actions taken, also apply to any	5224
proceedings that on their effective date are pending, in progress,	5225
or completed, to any elections authorized, conducted, or	5226
certified, and to securities authorized or issued pursuant to	5227
those proceedings, notwithstanding any law, resolution, ordinance,	5228
order, advertisement, notice, or other proceeding in effect before	5229
their effective date. Any proceedings pending or in progress on,	5230
or completed by or before, the effective date of those amendments,	5231
elections authorized, conducted, or certified, and securities	5232
sold, issued, and delivered, or validated, pursuant to those	5233
proceedings, shall be deemed to have been taken, authorized,	5234
conducted, certified, sold, issued, delivered, or validated in	5235
conformity with those amendments so far as their provisions	5236
support the actions taken, and are hereby ratified and confirmed.	5237

The amendment by this act of sections 5705.192, 5705.21,	5238
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and	5239
5748.01 of the Revised Code provide additional or supplemental	5240
provisions for subject matter that may also be the subject of	5241
other laws, and is intended to be supplemental to, and not in	5242
derogation of, any similar authority provided by, derived from, or	5243
implied by, the Constitution of Ohio, or any other law, including	5244
laws amended by this act, or any charter, order, resolution, or	5245
ordinance; and those amendments to sections 5705.192, 5705.21,	5246
5705.212, 5705.215, 5705.216, 5705.218, 5705.251, 5705.261, and	5247
5748.01 of the Revised Code shall not be interpreted to negate the	5248
authority provided by, derived from, or implied by such	5249
Constitution of Ohio, laws, charters, orders, resolutions, or	5250
ordinances.	5251

The provisions of law enacted, amended, or repealed by this	5252
act, as existed prior to the act's effective date, shall be deemed	5253
to remain applicable to any actions taken, including any election	5254
held or any securities issued pursuant to or in reliance on them.	5255

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Bill Text: OH SB335 | 2011-2012 | 129th General Assembly | Engrossed

Ohio Senate Bill 335 (Prior Session Legislation)

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