Bill Text: OH HB178 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To eliminate certain requirements and prohibitions applying to school district boards of education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-05-12 - To Education [HB178 Detail]
Download: Ohio-2009-HB178-Introduced.html
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Representative Wagner
To amend sections 9.41, 9.833, 9.90, 124.01, 124.11, | 1 |
124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, | 2 |
3301.072, 3311.10, 3311.19, 3311.52, 3311.72, | 3 |
3313.12, 3313.20, 3313.202, 3313.33, 3313.53, | 4 |
3313.604, 3313.665, 3313.751, 3313.79, 3313.81, | 5 |
3313.871, 3313.96, 3313.975, 3314.03, 3314.09, | 6 |
3314.091, 3315.062, 3315.09, 3315.091, 3316.07, | 7 |
3317.01, 3319.01, 3319.011, 3319.02, 3319.03, | 8 |
3319.04, 3319.05, 3319.06, 3319.07, 3319.071, | 9 |
3319.073, 3319.075, 3319.08, 3319.081, 3319.088, | 10 |
3319.10, 3319.151, 3326.11, 3326.20, 3326.21, | 11 |
3326.51, 3327.01, 3327.03, 3327.09, 3327.10, | 12 |
3327.16, 4117.01, 4117.03, 4117.04, 4117.06, | 13 |
4117.08, 4117.09, and 4117.10; and to repeal | 14 |
sections 5.23, 9.901, 117.53, 124.011, 124.54, | 15 |
3301.22, 3313.174, 3313.211, 3313.41, 3313.472, | 16 |
3313.482, 3313.51, 3313.534, 3313.535, 3313.537, | 17 |
3313.60, 3313.601, 3313.602, 3313.608, 3313.609, | 18 |
3313.6011, 3313.6012, 3313.6013, 3313.6014, | 19 |
3313.63, 3313.648, 3313.66, 3313.661, 3313.662, | 20 |
3313.664, 3313.666, 3313.667, 3313.70, 3313.712, | 21 |
3313.76, 3313.77, 3313.78, 3313.80, 3313.801, | 22 |
3313.811, 3314.10, 3314.20, 3315.17, 3315.171, | 23 |
3315.18, 3315.181, 3315.19, 3317.12, 3317.13, | 24 |
3317.14, 3317.15, 3319.072, 3319.082, 3319.083, | 25 |
3319.084, 3319.085, 3319.086, 3319.087, | 26 |
3319.0810, 3319.0811, 3319.09, 3319.101, 3319.11, | 27 |
3319.111, 3319.12, 3319.13, 3319.131, 3319.14, | 28 |
3319.141, 3319.142, 3319.143, 3319.16, 3319.161, | 29 |
3319.17, 3319.171, 3319.172, 3319.18, 3319.181, | 30 |
3319.33, 3319.63, 3324.01, 3324.02, 3324.03, | 31 |
3324.04, 3324.05, 3324.06, 3324.07, 3324.10, | 32 |
3326.18, 3327.011, 3327.02, 3327.15, 4117.101, | 33 |
and 4117.102 of the Revised Code to eliminate | 34 |
certain requirements and prohibitions applying | 35 |
to school district boards of education. | 36 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.41, 9.833, 9.90, 124.01, 124.11, | 37 |
124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, 3301.072, | 38 |
3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20, 3313.202, | 39 |
3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79, 3313.81, | 40 |
3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091, 3315.062, | 41 |
3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011, 3319.02, | 42 |
3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071, 3319.073, | 43 |
3319.075, 3319.08, 3319.081, 3319.088, 3319.10, 3319.151, 3326.11, | 44 |
3326.20, 3326.21, 3326.51, 3327.01, 3327.03, 3327.09, 3327.10, | 45 |
3327.16, 4117.01, 4117.03, 4117.04, 4117.06, 4117.08, 4117.09, | 46 |
and 4117.10 of the Revised Code be amended to read as follows: | 47 |
Sec. 9.41. The director of budget and management or any | 48 |
fiscal officer of any county, city, city
health district | 49 |
general health district | 50 |
service township, shall not draw, sign, issue, or authorize the | 51 |
drawing, signing, or issuing of any warrant on the treasurer of | 52 |
state or other disbursing officer of the state, or the treasurer | 53 |
or other disbursing officer of any county, city,
| 54 |
55 | |
other compensation to any officer, clerk, employee, or other | 56 |
person in the classified service unless an estimate, payroll, or | 57 |
account for such salary or compensation containing the name of | 58 |
each person to be paid, bears the certificate of the director of | 59 |
administrative services, or in the case of the service of the city | 60 |
or civil service township, the certificate of the civil service | 61 |
commission of the city or civil service township, or in the case | 62 |
of the service of the county, the certificate of the appointing | 63 |
authority, that the persons named in the estimate, payroll, or | 64 |
account have been appointed, promoted, reduced, suspended, or laid | 65 |
off, or are being employed in pursuance of Chapter 124. of the | 66 |
Revised Code and the rules adopted thereunder. | 67 |
Where estimates, payrolls, or accounts are prepared by | 68 |
electronic data processing equipment, the director of | 69 |
administrative services or the municipal or civil service township | 70 |
civil service commission may develop methods for controlling the | 71 |
input or verifying the output of such equipment to ensure | 72 |
compliance with Chapter 124. of the Revised Code and the rules | 73 |
adopted thereunder. Any estimates, payrolls, or accounts prepared | 74 |
by these methods shall be subject to special audit at any time. | 75 |
Any sum paid contrary to this section may be recovered from | 76 |
any officer making such payment in contravention of law and of the | 77 |
rules made in pursuance of law, or from any officer signing, | 78 |
countersigning, or authorizing the signing or countersigning of | 79 |
any warrant for the payment of the same, or from the sureties on | 80 |
the officer's official bond, in an action in the courts of the | 81 |
state, maintained by a citizen resident therein. All moneys | 82 |
recovered in any action brought under this section shall, when | 83 |
collected, be paid into the state treasury or the treasury of the | 84 |
appropriate civil division of the state, except that the plaintiff | 85 |
in any action shall be entitled to recover the plaintiff's own | 86 |
taxable costs of such action. | 87 |
Sec. 9.833. (A) As used in this section, "political | 88 |
subdivision" means a municipal corporation, township, county, | 89 |
school district, or other body corporate and politic responsible | 90 |
for governmental activities in a geographic area smaller than | 91 |
that of the state | 92 |
93 |
(B) Political subdivisions that provide health care benefits | 94 |
for their officers or employees may do any of the following: | 95 |
(1) Establish and maintain an individual self-insurance | 96 |
program with public moneys to provide authorized health care | 97 |
benefits, including but not limited to, health care, prescription | 98 |
drugs, dental care, and vision care, in accordance with division | 99 |
(C) of this section; | 100 |
(2) Establish and maintain a health savings account program | 101 |
whereby employees or officers may establish and maintain health | 102 |
savings accounts in accordance with section 223 of the Internal | 103 |
Revenue Code. Public moneys may be used to pay for or fund | 104 |
federally qualified high deductible health plans that are linked | 105 |
to health savings accounts or to make contributions to health | 106 |
savings accounts. A health savings account program may be a part | 107 |
of a self-insurance program. | 108 |
(3) After establishing an individual self-insurance program, | 109 |
agree with other political subdivisions that have established | 110 |
individual self-insurance programs for health care benefits, that | 111 |
their programs will be jointly administered in a manner specified | 112 |
in the agreement; | 113 |
(4) Pursuant to a written agreement and in accordance with | 114 |
division (C) of this section, join in any combination with other | 115 |
political subdivisions to establish and maintain a joint | 116 |
self-insurance program to provide health care benefits; | 117 |
(5) Pursuant to a written agreement, join in any combination | 118 |
with other political subdivisions to procure or contract for | 119 |
policies, contracts, or plans of insurance to provide health care | 120 |
benefits, which may include a health savings account program, for | 121 |
their officers and employees subject to the agreement; | 122 |
(6) Use in any combination any of the policies, contracts, | 123 |
plans, or programs authorized under this division. | 124 |
(C) Except as otherwise provided in division (E) of this | 125 |
section, the following apply to individual or joint self-insurance | 126 |
programs established pursuant to this section: | 127 |
(1) Such funds shall be reserved as are necessary, in the | 128 |
exercise of sound and prudent actuarial judgment, to cover | 129 |
potential cost of health care benefits for the officers and | 130 |
employees of the political subdivision. A report of amounts so | 131 |
reserved and disbursements made from such funds, together with a | 132 |
written report of a member of the American academy of actuaries | 133 |
certifying whether the amounts reserved conform to the | 134 |
requirements of this division, are computed in accordance with | 135 |
accepted loss reserving standards, and are fairly stated in | 136 |
accordance with sound loss reserving principles, shall be prepared | 137 |
and maintained, within ninety days after the last day of the | 138 |
fiscal year of the entity for which the report is provided for | 139 |
that fiscal year, in the office of the program administrator | 140 |
described in division (C)(3) of this section. | 141 |
The report required by division (C)(1) of this section shall | 142 |
include, but not be limited to, disbursements made for the | 143 |
administration of the program, including claims paid, costs of the | 144 |
legal representation of political subdivisions and employees, and | 145 |
fees paid to consultants. | 146 |
The program administrator described in division (C)(3) of | 147 |
this section shall make the report required by this division | 148 |
available for inspection by any person at all reasonable times | 149 |
during regular business hours, and, upon the request of such | 150 |
person, shall make copies of the report available at cost within a | 151 |
reasonable period of time. | 152 |
(2) Each political subdivision shall reserve funds necessary | 153 |
for an individual or joint self-insurance program in a special | 154 |
fund that may be established for political subdivisions other than | 155 |
an agency or instrumentality pursuant to an ordinance or | 156 |
resolution of the political subdivision and not subject to section | 157 |
5705.12 of the Revised Code. An agency or instrumentality shall | 158 |
reserve the funds necessary for an individual or joint | 159 |
self-insurance program in a special fund established pursuant to a | 160 |
resolution duly adopted by the agency's or instrumentality's | 161 |
governing board. The political subdivision may allocate the costs | 162 |
of insurance or any self-insurance program, or both, among the | 163 |
funds or accounts established under this division on the basis of | 164 |
relative exposure and loss experience. | 165 |
(3) A contract may be awarded, without the necessity of | 166 |
competitive bidding, to any person, political subdivision, | 167 |
nonprofit corporation organized under Chapter 1702. of the Revised | 168 |
Code, or regional council of governments created under Chapter | 169 |
167. of the Revised Code for purposes of administration of an | 170 |
individual or joint self-insurance program. No such contract shall | 171 |
be entered into without full, prior, public disclosure of all | 172 |
terms and conditions. The disclosure shall include, at a minimum, | 173 |
a statement listing all representations made in connection with | 174 |
any possible savings and losses resulting from the contract, and | 175 |
potential liability of any political subdivision or employee. The | 176 |
proposed contract and statement shall be disclosed and presented | 177 |
at a meeting of the political subdivision not less than one week | 178 |
prior to the meeting at which the political subdivision authorizes | 179 |
the contract. | 180 |
A contract awarded to a nonprofit corporation or a regional | 181 |
council of governments under this division may provide that all | 182 |
employees of the nonprofit corporation or regional council of | 183 |
governments and the employees of all entities related to the | 184 |
nonprofit corporation or regional council of governments may be | 185 |
covered by the individual or joint self-insurance program under | 186 |
the terms and conditions set forth in the contract. | 187 |
(4) The individual or joint self-insurance program shall | 188 |
include a contract with a member of the American academy of | 189 |
actuaries for the preparation of the written evaluation of the | 190 |
reserve funds required under division (C)(1) of this section. | 191 |
(5) A joint self-insurance program may allocate the costs of | 192 |
funding the program among the funds or accounts established under | 193 |
this division to the participating political subdivisions on the | 194 |
basis of their relative exposure and loss experience. | 195 |
(6) An individual self-insurance program may allocate the | 196 |
costs of funding the program among the funds or accounts | 197 |
established under this division to the political subdivision that | 198 |
established the program. | 199 |
(7) Two or more political subdivisions may also authorize the | 200 |
establishment and maintenance of a joint health care cost | 201 |
containment program, including, but not limited to, the employment | 202 |
of risk managers, health care cost containment specialists, and | 203 |
consultants, for the purpose of preventing and reducing health | 204 |
care costs covered by insurance, individual self-insurance, or | 205 |
joint self-insurance programs. | 206 |
(8) A political subdivision is not liable under a joint | 207 |
self-insurance program for any amount in excess of amounts payable | 208 |
pursuant to the written agreement for the participation of the | 209 |
political subdivision in the joint self-insurance program. Under a | 210 |
joint self-insurance program agreement, a political subdivision | 211 |
may, to the extent permitted under the written agreement, assume | 212 |
the risks of any other political subdivision. A joint | 213 |
self-insurance program established under this section is deemed a | 214 |
separate legal entity for the public purpose of enabling the | 215 |
members of the joint self-insurance program to obtain insurance or | 216 |
to provide for a formalized, jointly administered self-insurance | 217 |
fund for its members. An entity created pursuant to this section | 218 |
is exempt from all state and local taxes. | 219 |
(9) Any political subdivision, other than an agency or | 220 |
instrumentality, may issue general obligation bonds, or special | 221 |
obligation bonds that are not payable from real or personal | 222 |
property taxes, and may also issue notes in anticipation of such | 223 |
bonds, pursuant to an ordinance or resolution of its legislative | 224 |
authority or other governing body for the purpose of providing | 225 |
funds to pay expenses associated with the settlement of claims, | 226 |
whether by way of a reserve or otherwise, and to pay the political | 227 |
subdivision's portion of the cost of establishing and maintaining | 228 |
an individual or joint self-insurance program or to provide for | 229 |
the reserve in the special fund authorized by division (C)(2) of | 230 |
this section. | 231 |
In its ordinance or resolution authorizing bonds or notes | 232 |
under this section, a political subdivision may elect to issue | 233 |
such bonds or notes under the procedures set forth in Chapter 133. | 234 |
of the Revised Code. In the event of such an election, | 235 |
notwithstanding Chapter 133. of the Revised Code, the maturity of | 236 |
the bonds may be for any period authorized in the ordinance or | 237 |
resolution not exceeding twenty years, which period shall be the | 238 |
maximum maturity of the bonds for purposes of section 133.22 of | 239 |
the Revised Code. | 240 |
Bonds and notes issued under this section shall not be | 241 |
considered in calculating the net indebtedness of the political | 242 |
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of | 243 |
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are | 244 |
hereby made applicable to bonds or notes authorized under this | 245 |
section. | 246 |
(10) A joint self-insurance program is not an insurance | 247 |
company. Its operation does not constitute doing an insurance | 248 |
business and is not subject to the insurance laws of this state. | 249 |
(D) A political subdivision may procure group life insurance | 250 |
for its employees in conjunction with an individual or joint | 251 |
self-insurance program authorized by this section, provided that | 252 |
the policy of group life insurance is not self-insured. | 253 |
(E) Divisions (C)(1), (2), and (4) of this section do not | 254 |
apply to individual self-insurance programs in municipal | 255 |
corporations, townships, or counties. | 256 |
(F) A public official or employee of a political subdivision | 257 |
who is or becomes a member of the governing body of the program | 258 |
administrator of a joint self-insurance program in which the | 259 |
political subdivision participates is not in violation of division | 260 |
(D) or (E) of section 102.03, division (C) of section 102.04, or | 261 |
section 2921.42 of the Revised Code as a result of either of the | 262 |
following: | 263 |
(1) The political subdivision's entering under this section | 264 |
into the written agreement to participate in the joint | 265 |
self-insurance program; | 266 |
(2) The political subdivision's entering under this section | 267 |
into any other contract with the joint self-insurance program. | 268 |
Sec. 9.90. (A) The governing board of any public institution | 269 |
of higher education, including without limitation state | 270 |
universities and colleges, community college districts, university | 271 |
branch districts, technical college districts, and municipal | 272 |
universities, or the board of education of any school district, | 273 |
may, in addition to all other powers provided in the Revised Code: | 274 |
(1) Contract for, purchase, or otherwise procure from an | 275 |
insurer or insurers licensed to do business by the state of Ohio | 276 |
for or on behalf of such of its employees as it may determine, | 277 |
life insurance, or sickness, accident, annuity, endowment, health, | 278 |
medical, hospital, dental, or surgical coverage and benefits, or | 279 |
any combination thereof, by means of insurance plans or other | 280 |
types of coverage, family, group or otherwise, and may pay from | 281 |
funds under its control and available for such purpose all or any | 282 |
portion of the cost, premium, or charge for such insurance, | 283 |
coverage, or benefits. However, the governing board, in addition | 284 |
to or as an alternative to the authority otherwise granted by | 285 |
division (A)(1) of this section, may elect to procure coverage for | 286 |
health care services, for or on behalf of such of its employees as | 287 |
it may determine, by means of policies, contracts, certificates, | 288 |
or agreements issued by at least two health insuring corporations | 289 |
holding a certificate of authority under Chapter 1751. of the | 290 |
Revised Code and may pay from funds under the governing board's | 291 |
control and available for such purpose all or any portion of the | 292 |
cost of such coverage. | 293 |
(2) Make payments to a custodial account for investment in | 294 |
regulated investment company stock for the purpose of providing | 295 |
retirement benefits as described in section 403(b)(7) of the | 296 |
Internal Revenue Code of 1954, as amended. Such stock shall be | 297 |
purchased only from persons authorized to sell such stock in this | 298 |
state. | 299 |
Any income of an employee deferred under divisions (A)(1) and | 300 |
(2) of this section in a deferred compensation program eligible | 301 |
for favorable tax treatment under the Internal Revenue Code of | 302 |
1954, as amended, shall continue to be included as regular | 303 |
compensation for the purpose of computing the contributions to and | 304 |
benefits from the retirement system of such employee. Any sum so | 305 |
deferred shall not be included in the computation of any federal | 306 |
and state income taxes withheld on behalf of any such employee. | 307 |
(B) All or any portion of the cost, premium, or charge | 308 |
therefor may be paid in such other manner or combination of | 309 |
manners as the governing board or school district board may | 310 |
determine, including direct payment by the employee in cases | 311 |
under division (A)(1) of this section, and, if authorized in | 312 |
writing by the employee in cases under division (A)(1) or (2) of | 313 |
this section, by such governing board or school district board | 314 |
with moneys made available by deduction from or reduction in | 315 |
salary or wages or by the foregoing of a salary or wage increase. | 316 |
Nothing in section 3917.01 or section 3917.06 of the Revised Code | 317 |
shall prohibit the issuance or purchase of group life insurance | 318 |
authorized by this section by reason of payment of premiums | 319 |
therefor by the governing board from its funds, and such group | 320 |
life insurance may be so issued and purchased if otherwise | 321 |
consistent with the provisions of sections 3917.01 to 3917.07 of | 322 |
the Revised Code. | 323 |
| 324 |
325 | |
326 | |
327 | |
328 | |
329 | |
330 | |
331 | |
332 |
Sec. 124.01. Except as otherwise provided in this chapter, | 333 |
as used in this chapter: | 334 |
(A) "Civil service" includes all offices and positions of | 335 |
trust or employment in the service of the state and in the service | 336 |
of the counties, cities, city health districts, and general health | 337 |
districts | 338 |
(B) "State service" includes all offices and positions in the | 339 |
service of the state and the counties and general health districts | 340 |
of the state. "State service" does not include offices and | 341 |
positions in the service of the cities, and city health
districts | 342 |
343 |
(C) "Classified service" means the competitive classified | 344 |
civil service of the state, the several counties, cities, city | 345 |
health districts, and general health districts | 346 |
347 |
(D) "Appointing authority" means the officer, commission, | 348 |
board, or body having the power of appointment to, or removal | 349 |
from, positions in any office, department, commission, board, or | 350 |
institution. | 351 |
(E) "Commission" means the municipal civil service commission | 352 |
of any city | 353 |
354 | |
355 | |
356 |
(F) "Employee" means any person holding a position subject to | 357 |
appointment, removal, promotion, or reduction by an appointing | 358 |
officer. | 359 |
(G) "Civil service township" means any township with a | 360 |
population of ten thousand or more persons residing within the | 361 |
township and outside any municipal corporation, which has a police | 362 |
or fire department of ten or more full-time paid employees and | 363 |
which has a civil service commission established under division | 364 |
(B) of section 124.40 of the Revised Code. | 365 |
(H) "Flexible hours employee" means an employee who may work | 366 |
more or less than eight hours on any given day so long as the | 367 |
employee works forty hours in the same week. | 368 |
(I) "Classification series" means any group of classification | 369 |
titles that have the identical name but different numerical | 370 |
designations, or identical titles except for designated levels of | 371 |
supervision, except for those classification series established by | 372 |
the director of administrative services in accordance with | 373 |
division (A) of section 124.14 of the Revised Code. | 374 |
(J) "Classification change" means a change in an employee's | 375 |
classification in the job classification plan. | 376 |
(K) "Service of the state" or "civil service of the state" | 377 |
includes all offices and positions of trust or employment with the | 378 |
government of the state. "Service of the state" and "civil service | 379 |
of the state" do not include offices and positions of trust or | 380 |
employment with state-supported colleges and universities, | 381 |
counties, cities, city health districts, | 382 |
general health districts, and civil service townships of the | 383 |
state. | 384 |
Sec. 124.11. The civil service of the state and the several | 385 |
counties, cities, civil service townships, city health districts, | 386 |
and
general health districts | 387 |
state shall be divided into the unclassified service and the | 388 |
classified service. | 389 |
(A) The unclassified service shall comprise the following | 390 |
positions, which shall not be included in the classified service, | 391 |
and which shall be exempt from all examinations required by this | 392 |
chapter: | 393 |
(1) All officers elected by popular vote or persons appointed | 394 |
to fill vacancies in those offices; | 395 |
(2) All election officers as defined in section 3501.01 of | 396 |
the Revised Code; | 397 |
(3)(a) The members of all boards and commissions, and heads | 398 |
of principal departments, boards, and commissions appointed by the | 399 |
governor or by and with the governor's consent; | 400 |
(b) The heads of all departments appointed by a board of | 401 |
county commissioners; | 402 |
(c) The members of all boards and commissions and all heads | 403 |
of departments appointed by the mayor, or, if there is no mayor, | 404 |
such other similar chief
appointing authority of any city | 405 |
406 |
Except as otherwise provided in division (A)(17) or (C) of | 407 |
this section, this chapter does not exempt the chiefs of police | 408 |
departments and chiefs of fire departments of cities or civil | 409 |
service townships from the competitive classified service. | 410 |
(4) The members of county or district licensing boards or | 411 |
commissions and boards of revision, and not more than five deputy | 412 |
county auditors; | 413 |
(5) All officers and employees elected or appointed by either | 414 |
or both branches of the general assembly, and employees of the | 415 |
city legislative authority engaged in legislative duties; | 416 |
(6) All commissioned, warrant, and noncommissioned officers | 417 |
and enlisted persons in the Ohio organized militia, including | 418 |
military appointees in the adjutant general's department; | 419 |
(7)(a) All presidents, business managers, administrative | 420 |
officers, | 421 |
deans, assistant deans, instructors, teachers, and such employees | 422 |
as are engaged in educational or research duties connected with | 423 |
the public | 424 |
determined by the governing body of the public | 425 |
colleges | 426 |
(b) Superintendents, assistant superintendents, principals, | 427 |
teachers, and other research or educational service employees | 428 |
employed by the department of education for service at the state | 429 |
school for the deaf or the state school for the blind; | 430 |
(c) The library staff of any library in the state supported | 431 |
wholly or in part at public expense. | 432 |
(8) Four clerical and administrative support employees for | 433 |
each of the elective state officers, four clerical and | 434 |
administrative support employees for each board of county | 435 |
commissioners and one such employee for each county commissioner, | 436 |
and four clerical and administrative support employees for other | 437 |
elective officers and each of the principal appointive executive | 438 |
officers, boards, or commissions, except for civil service | 439 |
commissions, that are authorized to appoint such clerical and | 440 |
administrative support employees; | 441 |
(9) The deputies and assistants of state agencies authorized | 442 |
to act for and on behalf of the agency, or holding a fiduciary or | 443 |
administrative relation to that agency and those persons employed | 444 |
by and directly responsible to elected county officials or a | 445 |
county administrator and holding a fiduciary or administrative | 446 |
relationship to such elected county officials or county | 447 |
administrator, and the employees of such county officials whose | 448 |
fitness would be impracticable to determine by competitive | 449 |
examination, provided that division (A)(9) of this section shall | 450 |
not affect those persons in county employment in the classified | 451 |
service as of September 19, 1961. Nothing in division (A)(9) of | 452 |
this section applies to any position in a county department of job | 453 |
and family services created pursuant to Chapter 329. of the | 454 |
Revised Code. | 455 |
(10) Bailiffs, constables, official stenographers, and | 456 |
commissioners of courts of record, deputies of clerks of the | 457 |
courts of common pleas who supervise or who handle public moneys | 458 |
or secured documents, and such officers and employees of courts of | 459 |
record and such deputies of clerks of the courts of common pleas | 460 |
as the director of administrative services finds it impracticable | 461 |
to determine their fitness by competitive examination; | 462 |
(11) Assistants to the attorney general, special counsel | 463 |
appointed or employed by the attorney general, assistants to | 464 |
county prosecuting attorneys, and assistants to city directors of | 465 |
law; | 466 |
(12) Such teachers and employees in the agricultural | 467 |
experiment stations; such students in normal schools, colleges, | 468 |
and universities of the state who are employed by the state or a | 469 |
political subdivision of the state in student or intern | 470 |
classifications; and such unskilled labor positions as the | 471 |
director of administrative services or any municipal civil service | 472 |
commission may find it impracticable to include in the competitive | 473 |
classified service; provided such exemptions shall be by order of | 474 |
the commission or the director, duly entered on the record of the | 475 |
commission or the director with the reasons for each such | 476 |
exemption; | 477 |
(13) Any physician or dentist who is a full-time employee of | 478 |
the department of mental health, the department of mental | 479 |
retardation and developmental disabilities, or an institution | 480 |
under the jurisdiction of either department; and physicians who | 481 |
are in residency programs at the institutions; | 482 |
(14) Up to twenty positions at each institution under the | 483 |
jurisdiction of the department of mental health or the department | 484 |
of mental retardation and developmental disabilities that the | 485 |
department director determines to be primarily administrative or | 486 |
managerial; and up to fifteen positions in any division of either | 487 |
department, excluding administrative assistants to the director | 488 |
and division chiefs, which are within the immediate staff of a | 489 |
division chief and which the director determines to be primarily | 490 |
and distinctively administrative and managerial; | 491 |
(15) Noncitizens of the United States employed by the state, | 492 |
or its counties or cities, as physicians or nurses who are duly | 493 |
licensed to practice their respective professions under the laws | 494 |
of this state, or medical assistants, in mental or chronic disease | 495 |
hospitals, or institutions; | 496 |
(16) Employees of the governor's office; | 497 |
(17) Fire chiefs and chiefs of police in civil service | 498 |
townships appointed by boards of township trustees under section | 499 |
505.38 or 505.49 of the Revised Code; | 500 |
(18) Executive directors, deputy directors, and program | 501 |
directors employed by boards of alcohol, drug addiction, and | 502 |
mental health services under Chapter 340. of the Revised Code, and | 503 |
secretaries of the executive directors, deputy directors, and | 504 |
program directors; | 505 |
(19) Superintendents, and management employees as defined in | 506 |
section 5126.20 of the Revised Code, of county boards of mental | 507 |
retardation and developmental disabilities; | 508 |
(20) Physicians, nurses, and other employees of a county | 509 |
hospital who are appointed pursuant to sections 339.03 and 339.06 | 510 |
of the Revised Code; | 511 |
(21) The executive director of the state medical board, who | 512 |
is appointed pursuant to division (B) of section 4731.05 of the | 513 |
Revised Code; | 514 |
(22) County directors of job and family services as provided | 515 |
in section 329.02 of the Revised Code and administrators appointed | 516 |
under section 329.021 of the Revised Code; | 517 |
(23) A director of economic development who is hired pursuant | 518 |
to division (A) of section 307.07 of the Revised Code; | 519 |
(24) Chiefs of construction and compliance, of operations and | 520 |
maintenance, and of licensing and certification in the division of | 521 |
industrial compliance in the department of commerce; | 522 |
(25) The executive director of a county transit system | 523 |
appointed under division (A) of section 306.04 of the Revised | 524 |
Code; | 525 |
(26) Up to five positions at each of the administrative | 526 |
departments listed in section 121.02 of the Revised Code and at | 527 |
the department of taxation, department of the adjutant general, | 528 |
department of education, Ohio board of regents, bureau of workers' | 529 |
compensation, industrial commission, state lottery commission, and | 530 |
public utilities commission of Ohio that the head of that | 531 |
administrative department or of that other state agency determines | 532 |
to be involved in policy development and implementation. The head | 533 |
of the administrative department or other state agency shall set | 534 |
the compensation for employees in these positions at a rate that | 535 |
is not less than the minimum compensation specified in pay range | 536 |
41 but not more than the maximum compensation specified in pay | 537 |
range 44 of salary schedule E-2 in section 124.152 of the Revised | 538 |
Code. The authority to establish positions in the unclassified | 539 |
service under division (A)(26) of this section is in addition to | 540 |
and does not limit any other authority that an administrative | 541 |
department or state agency has under the Revised Code to establish | 542 |
positions, appoint employees, or set compensation. | 543 |
(27) Employees of the department of agriculture employed | 544 |
under section 901.09 of the Revised Code; | 545 |
(28) For cities, counties, civil service townships, city | 546 |
health
districts, and general
health districts, | 547 |
548 | |
executive officers authorized to act for and in the place of their | 549 |
principals or holding a fiduciary relation to their principals; | 550 |
(29) Employees who receive intermittent or temporary | 551 |
appointments under division (B) of section 124.30 of the Revised | 552 |
Code; | 553 |
(30) Employees appointed to administrative staff positions | 554 |
for which an appointing authority is given specific statutory | 555 |
authority to set compensation; | 556 |
(31) Employees appointed to highway patrol cadet or highway | 557 |
patrol cadet candidate classifications; | 558 |
(32) Employees placed in the unclassified service by another | 559 |
section of the Revised Code. | 560 |
(B) The classified service shall comprise all persons in the | 561 |
employ of the state and the several counties, cities, city health | 562 |
districts, and general health districts | 563 |
of the state, not specifically included in the unclassified | 564 |
service. Upon the creation by the board of trustees of a civil | 565 |
service township civil service commission, the classified service | 566 |
shall also comprise, except as otherwise provided in division | 567 |
(A)(17) or (C) of this section, all persons in the employ of a | 568 |
civil service township police or fire department having ten or | 569 |
more full-time paid employees. The classified service consists of | 570 |
two classes, which shall be designated as the competitive class | 571 |
and the unskilled labor class. | 572 |
(1) The competitive class shall include all positions and | 573 |
employments in the state and the counties, cities, city health | 574 |
districts, and general health districts | 575 |
of the state, and, upon the creation by the board of trustees of | 576 |
a civil service township of a township civil service commission, | 577 |
all positions in a civil service township police or fire | 578 |
department having ten or more full-time paid employees, for which | 579 |
it is practicable to determine the merit and fitness of applicants | 580 |
by competitive examinations. Appointments shall be made to, or | 581 |
employment shall be given in, all positions in the competitive | 582 |
class that are not filled by promotion, reinstatement, transfer, | 583 |
or reduction, as provided in this chapter, and the rules of the | 584 |
director of administrative services, by appointment from those | 585 |
certified to the appointing officer in accordance with this | 586 |
chapter. | 587 |
(2) The unskilled labor class shall include ordinary | 588 |
unskilled laborers. Vacancies in the labor class for positions in | 589 |
service of the state shall be filled by appointment from lists of | 590 |
applicants registered by the director. Vacancies in the labor | 591 |
class for all other positions shall be filled by appointment from | 592 |
lists of applicants registered by a commission. The director or | 593 |
the commission, as applicable, by rule, shall require an applicant | 594 |
for registration in the labor class to furnish evidence or take | 595 |
tests as the director or commission considers proper with respect | 596 |
to age, residence, physical condition, ability to labor, honesty, | 597 |
sobriety, industry, capacity, and experience in the work or | 598 |
employment for which application is made. Laborers who fulfill the | 599 |
requirements shall be placed on the eligible list for the kind of | 600 |
labor or employment sought, and preference shall be given in | 601 |
employment in accordance with the rating received from that | 602 |
evidence or in those tests. Upon the request of an appointing | 603 |
officer, stating the kind of labor needed, the pay and probable | 604 |
length of employment, and the number to be employed, the director | 605 |
or commission, as applicable, shall certify from the highest on | 606 |
the list double the number to be employed; from this number, the | 607 |
appointing officer shall appoint the number actually needed for | 608 |
the particular work. If more than one applicant receives the same | 609 |
rating, priority in time of application shall determine the order | 610 |
in which their names shall be certified for appointment. | 611 |
(C) A municipal or civil service township civil service | 612 |
commission may place volunteer firefighters who are paid on a | 613 |
fee-for-service basis in either the classified or the unclassified | 614 |
civil service. | 615 |
(D) This division does not apply to persons in the | 616 |
unclassified service who have the right to resume positions in the | 617 |
classified service under sections 4121.121, 5119.071, 5120.38, | 618 |
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised | 619 |
Code. | 620 |
An appointing authority whose employees are paid directly by | 621 |
warrant of the director of budget and management may appoint a | 622 |
person who holds a certified position in the classified service | 623 |
within the appointing authority's agency to a position in the | 624 |
unclassified service within that agency. A person appointed | 625 |
pursuant to this division to a position in the unclassified | 626 |
service shall retain the right to resume the position and status | 627 |
held by the person in the classified service immediately prior to | 628 |
the person's appointment to the position in the unclassified | 629 |
service, regardless of the number of positions the person held in | 630 |
the unclassified service. An employee's right to resume a position | 631 |
in the classified service may only be exercised when an appointing | 632 |
authority demotes the employee to a pay range lower than the | 633 |
employee's current pay range or revokes the employee's appointment | 634 |
to the unclassified service. An employee forfeits the right to | 635 |
resume a position in the classified service when the employee is | 636 |
removed from the position in the unclassified service due to | 637 |
incompetence, inefficiency, dishonesty, drunkenness, immoral | 638 |
conduct, insubordination, discourteous treatment of the public, | 639 |
neglect of duty, violation of this chapter or the rules of the | 640 |
director of administrative services, any other failure of good | 641 |
behavior, any other acts of misfeasance, malfeasance, or | 642 |
nonfeasance in office, or conviction of a felony. An employee also | 643 |
forfeits the right to resume a position in the classified service | 644 |
upon transfer to a different agency. | 645 |
Reinstatement to a position in the classified service shall | 646 |
be to a position substantially equal to that position in the | 647 |
classified service held previously, as certified by the director | 648 |
of administrative services. If the position the person previously | 649 |
held in the classified service has been placed in the unclassified | 650 |
service or is otherwise unavailable, the person shall be appointed | 651 |
to a position in the classified service within the appointing | 652 |
authority's agency that the director of administrative services | 653 |
certifies is comparable in compensation to the position the person | 654 |
previously held in the classified service. Service in the position | 655 |
in the unclassified service shall be counted as service in the | 656 |
position in the classified service held by the person immediately | 657 |
prior to the person's appointment to the position in the | 658 |
unclassified service. When a person is reinstated to a position in | 659 |
the classified service as provided in this division, the person is | 660 |
entitled to all rights, status, and benefits accruing to the | 661 |
position in the classified service during the person's time of | 662 |
service in the position in the unclassified service. | 663 |
Sec. 124.271. Any employee in the classified service of the | 664 |
state or any county, city, city health district, or general health | 665 |
district | 666 |
under section 124.30 of the Revised Code, and either demonstrates | 667 |
merit and fitness for the position by successfully completing the | 668 |
probationary period for the position or remains in the position | 669 |
for a period of six months of continuous service, whichever period | 670 |
is longer, shall become a permanent appointee in the classified | 671 |
service at the conclusion of that period. | 672 |
Sec. 124.34. (A) The tenure of every officer or employee in | 673 |
the classified service of the state and the counties, civil | 674 |
service townships, cities, city health districts, and general | 675 |
health
districts | 676 |
a position under this chapter, shall be during good behavior and | 677 |
efficient service. No officer or employee shall be reduced in pay | 678 |
or position, fined, suspended, or removed, or have the officer's | 679 |
or employee's longevity reduced or eliminated, except as provided | 680 |
in section 124.32 of the Revised Code, and for incompetency, | 681 |
inefficiency, dishonesty, drunkenness, immoral conduct, | 682 |
insubordination, discourteous treatment of the public, neglect of | 683 |
duty, violation of any policy or work rule of the officer's or | 684 |
employee's appointing authority, violation of this chapter or the | 685 |
rules of the director of administrative services or the | 686 |
commission, any other failure of good behavior, any other acts of | 687 |
misfeasance, malfeasance, or nonfeasance in office, or conviction | 688 |
of a felony. The denial of a one-time pay supplement or a bonus to | 689 |
an officer or employee is not a reduction in pay for purposes of | 690 |
this section. | 691 |
An appointing authority may require an employee who is | 692 |
suspended to report to work to serve the suspension. An employee | 693 |
serving a suspension in this manner shall continue to be | 694 |
compensated at the employee's regular rate of pay for hours | 695 |
worked. The disciplinary action shall be recorded in the | 696 |
employee's personnel file in the same manner as other disciplinary | 697 |
actions and has the same effect as a suspension without pay for | 698 |
the purpose of recording disciplinary actions. | 699 |
A finding by the appropriate ethics commission, based upon a | 700 |
preponderance of the evidence, that the facts alleged in a | 701 |
complaint under section 102.06 of the Revised Code constitute a | 702 |
violation of Chapter 102., section 2921.42, or section 2921.43 of | 703 |
the Revised Code may constitute grounds for dismissal. Failure to | 704 |
file a statement or falsely filing a statement required by section | 705 |
102.02 of the Revised Code may also constitute grounds for | 706 |
dismissal. The tenure of an employee in the career professional | 707 |
service of the department of transportation is subject to section | 708 |
5501.20 of the Revised Code. | 709 |
Conviction of a felony is a separate basis for reducing in | 710 |
pay or position, suspending, or removing an officer or employee, | 711 |
even if the officer or employee has already been reduced in pay or | 712 |
position, suspended, or removed for the same conduct that is the | 713 |
basis of the felony. An officer or employee may not appeal to the | 714 |
state personnel board of review or the commission any disciplinary | 715 |
action taken by an appointing authority as a result of the | 716 |
officer's or employee's conviction of a felony. If an officer or | 717 |
employee removed under this section is reinstated as a result of | 718 |
an appeal of the removal, any conviction of a felony that occurs | 719 |
during the pendency of the appeal is a basis for further | 720 |
disciplinary action under this section upon the officer's or | 721 |
employee's reinstatement. | 722 |
A person convicted of a felony immediately forfeits the | 723 |
person's status as a classified employee in any public employment | 724 |
on and after the date of the conviction for the felony. If an | 725 |
officer or employee is removed under this section as a result of | 726 |
being convicted of a felony or is subsequently convicted of a | 727 |
felony that involves the same conduct that was the basis for the | 728 |
removal, the officer or employee is barred from receiving any | 729 |
compensation after the removal notwithstanding any modification or | 730 |
disaffirmance of the removal, unless the conviction for the felony | 731 |
is subsequently reversed or annulled. | 732 |
Any person removed for conviction of a felony is entitled to | 733 |
a cash payment for any accrued but unused sick, personal, and | 734 |
vacation leave as authorized by law. If subsequently reemployed in | 735 |
the public sector, the person shall qualify for and accrue these | 736 |
forms of leave in the manner specified by law for a newly | 737 |
appointed employee and shall not be credited with prior public | 738 |
service for the purpose of receiving these forms of leave. | 739 |
As used in this division, "felony" means any of the | 740 |
following: | 741 |
(1) A felony that is an offense of violence as defined in | 742 |
section 2901.01 of the Revised Code; | 743 |
(2) A felony that is a felony drug abuse offense as defined | 744 |
in section 2925.01 of the Revised Code; | 745 |
(3) A felony under the laws of this or any other state or the | 746 |
United States that is a crime of moral turpitude; | 747 |
(4) A felony involving dishonesty, fraud, or theft; | 748 |
(5) A felony that is a violation of section 2921.05, 2921.32, | 749 |
or 2921.42 of the Revised Code. | 750 |
(B) In case of a reduction, a suspension of forty or more | 751 |
work hours in the case of an employee exempt from the payment of | 752 |
overtime compensation, a suspension of twenty-four or more work | 753 |
hours in the case of an employee required to be paid overtime | 754 |
compensation, a fine of forty or more hours' pay in the case of an | 755 |
employee exempt from the payment of overtime compensation, a fine | 756 |
of twenty-four or more hours' pay in the case of an employee | 757 |
required to be paid overtime compensation, or removal, except for | 758 |
the reduction or removal of a probationary employee, the | 759 |
appointing authority shall serve the employee with a copy of the | 760 |
order of reduction, fine, suspension, or removal, which order | 761 |
shall state the reasons for the action. | 762 |
Within ten days following the date on which the order is | 763 |
served or, in the case of an employee in the career professional | 764 |
service of the department of transportation, within ten days | 765 |
following the filing of a removal order, the employee, except as | 766 |
otherwise provided in this section, may file an appeal of the | 767 |
order in writing with the state personnel board of review or the | 768 |
commission. For purposes of this section, the date on which an | 769 |
order is served is the date of hand delivery of the order or the | 770 |
date of delivery of the order by certified United States mail, | 771 |
whichever occurs first. If an appeal is filed, the board or | 772 |
commission shall forthwith notify the appointing authority and | 773 |
shall hear, or appoint a trial board to hear, the appeal within | 774 |
thirty days from and after its filing with the board or | 775 |
commission. The board, commission, or trial board may affirm, | 776 |
disaffirm, or modify the judgment of the appointing authority. | 777 |
However, in an appeal of a removal order based upon a violation of | 778 |
a last chance agreement, the board, commission, or trial board may | 779 |
only determine if the employee violated the agreement and thus | 780 |
affirm or disaffirm the judgment of the appointing authority. | 781 |
In cases of removal or reduction in pay for disciplinary | 782 |
reasons, either the appointing authority or the officer or | 783 |
employee may appeal from the decision of the state personnel board | 784 |
of review or the commission, and any such appeal shall be to the | 785 |
court of common pleas of the county in which the appointing | 786 |
authority is located, or to the court of common pleas of Franklin | 787 |
county, as provided by section 119.12 of the Revised Code. | 788 |
(C) In the case of the suspension for any period of time, or | 789 |
a fine, demotion, or removal, of a chief of police, a chief of a | 790 |
fire department, or any member of the police or fire department of | 791 |
a city or civil service township, who is in the classified civil | 792 |
service, the appointing authority shall furnish the chief or | 793 |
member with a copy of the order of suspension, fine, demotion, or | 794 |
removal, which order shall state the reasons for the action. The | 795 |
order shall be filed with the municipal or civil service township | 796 |
civil service commission. Within ten days following the filing of | 797 |
the order, the chief or member may file an appeal, in writing, | 798 |
with the commission. If an appeal is filed, the commission shall | 799 |
forthwith notify the appointing authority and shall hear, or | 800 |
appoint a trial board to hear, the appeal within thirty days from | 801 |
and after its filing with the commission, and it may affirm, | 802 |
disaffirm, or modify the judgment of the appointing authority. An | 803 |
appeal on questions of law and fact may be had from the decision | 804 |
of the commission to the court of common pleas in the county in | 805 |
which the city or civil service township is situated. The appeal | 806 |
shall be taken within thirty days from the finding of the | 807 |
commission. | 808 |
(D) | 809 |
810 | |
811 |
| 812 |
agreement signed by both an appointing authority and an officer or | 813 |
employee of the appointing authority that describes the type of | 814 |
behavior or circumstances that, if it occurs, will automatically | 815 |
lead to removal of the officer or employee without the right of | 816 |
appeal to the state personnel board of review or the appropriate | 817 |
commission. | 818 |
Sec. 124.38. | 819 |
for each completed eighty hours of service to sick leave of four | 820 |
and six-tenths hours with pay: | 821 |
(A) Employees in the various offices of the county, | 822 |
municipal, and civil service township service, other than | 823 |
superintendents and management employees, as defined in section | 824 |
5126.20 of the Revised Code, of county boards of mental | 825 |
retardation and developmental disabilities; | 826 |
(B) Employees of any state college or university | 827 |
| 828 |
829 |
Employees may use sick leave, upon approval of the | 830 |
responsible administrative officer of the employing unit, for | 831 |
absence due to personal illness, pregnancy, injury, exposure to | 832 |
contagious disease that could be communicated to other employees, | 833 |
and illness, injury, or death in the employee's immediate family. | 834 |
Unused sick leave shall be cumulative without limit. When sick | 835 |
leave is used, it shall be deducted from the employee's credit on | 836 |
the basis of one hour for every one hour of absence from | 837 |
previously scheduled work. | 838 |
The previously accumulated sick leave of an employee who has | 839 |
been separated from the public service shall be placed to the | 840 |
employee's credit upon the employee's re-employment in the public | 841 |
service, provided that the re-employment takes place within ten | 842 |
years of the date on which the employee was last terminated from | 843 |
public service. This ten-year period shall be tolled for any | 844 |
period during which the employee holds elective public office, | 845 |
whether by election or by appointment. | 846 |
An employee who transfers from one public agency to another | 847 |
shall be credited with the unused balance of the employee's | 848 |
accumulated sick leave up to the maximum of the sick leave | 849 |
accumulation permitted in the public agency to which the employee | 850 |
transfers. | 851 |
The appointing authorities of the various offices of the | 852 |
county service may permit all or any part of a person's accrued | 853 |
but unused sick leave acquired during service with any regional | 854 |
council of government established in accordance with Chapter 167. | 855 |
of the Revised Code to be credited to the employee upon a transfer | 856 |
as if the employee were transferring from one public agency to | 857 |
another under this section. | 858 |
The appointing authority of each employing unit shall require | 859 |
an employee to furnish a satisfactory written, signed statement to | 860 |
justify the use of sick leave. If medical attention is required, a | 861 |
certificate stating the nature of the illness from a licensed | 862 |
physician shall be required to justify the use of sick leave. | 863 |
Falsification of either a written, signed statement or a | 864 |
physician's certificate shall be grounds for disciplinary action, | 865 |
including dismissal. | 866 |
This section does not interfere with existing unused sick | 867 |
leave credit in any agency of government where attendance records | 868 |
are maintained and credit has been given employees for unused sick | 869 |
leave. | 870 |
Notwithstanding this section or any other section of the | 871 |
Revised Code, any appointing authority of a county office, | 872 |
department, commission, board, or body may, upon notification to | 873 |
the board of county commissioners, establish alternative schedules | 874 |
of sick leave for employees of the appointing authority for whom | 875 |
the state employment relations board has not established an | 876 |
appropriate bargaining unit pursuant to section 4117.06 of the | 877 |
Revised Code, as long as the alternative schedules are not | 878 |
inconsistent with the provisions of at least one collective | 879 |
bargaining agreement covering other employees of that appointing | 880 |
authority, if such a collective bargaining agreement exists. If no | 881 |
such collective bargaining agreement exists, an appointing | 882 |
authority may, upon notification to the board of county | 883 |
commissioners, establish an alternative schedule of sick leave for | 884 |
its employees that does not diminish the sick leave benefits | 885 |
granted by this section. | 886 |
Sec. 124.40. (A) The mayor or other chief appointing | 887 |
authority of each city in the state shall appoint three persons, | 888 |
one for a term of two years, one for a term of four years, and one | 889 |
for a term of six years, who shall constitute the municipal civil | 890 |
service
commission of
that city and of the | 891 |
892 | |
alternate year thereafter the mayor or other chief appointing | 893 |
authority shall appoint one person, as successor of the member | 894 |
whose term expires, to serve six years. A vacancy shall be filled | 895 |
by the mayor or other chief appointing authority for the unexpired | 896 |
term. At the time of any appointment, not more than two | 897 |
commissioners shall be adherents of the same political party. | 898 |
The municipal civil service commission shall prescribe, | 899 |
amend, and enforce rules not inconsistent with this chapter for | 900 |
the classification of positions in the civil service of the city | 901 |
902 | |
district; for examinations for and resignations from those | 903 |
positions; for appointments, promotions, removals, transfers, | 904 |
layoffs, suspensions, reductions, and reinstatements with respect | 905 |
to those positions; and for standardizing those positions and | 906 |
maintaining efficiency in them. The commission's rules shall | 907 |
authorize each appointing authority of a
city | 908 |
909 | |
manner it devises an evaluation system for the employees it | 910 |
appoints. The commission shall exercise all other powers and | 911 |
perform all other duties with respect to the civil service of the | 912 |
city | 913 |
prescribed in this chapter and conferred upon the director of | 914 |
administrative services and the state personnel board of review | 915 |
with respect to the civil service of the state; and all authority | 916 |
granted to the director and the board with respect to the service | 917 |
under their jurisdiction shall, except as otherwise provided by | 918 |
this chapter, be held to be granted to the commission with respect | 919 |
to the service under its jurisdiction. The procedure applicable to | 920 |
reductions, suspensions, and removals, as provided for in section | 921 |
124.34 of the Revised Code, shall govern the civil service of | 922 |
cities. | 923 |
The expense and salaries of a municipal civil service | 924 |
commission shall be determined by the legislative authority of the | 925 |
city and a sufficient sum of money shall be appropriated each year | 926 |
to carry out this chapter in the city. | 927 |
All persons who are employed by a | 928 |
health district | 929 |
service commission having jurisdiction over them is appointed, or | 930 |
when they become subject to civil service by extension of civil | 931 |
service to include new classifications of employees, shall | 932 |
continue to hold their positions until removed in accordance with | 933 |
the civil service laws. | 934 |
If the appointing authority of any city fails to appoint a | 935 |
civil service commission or commissioner, as provided by law, | 936 |
within sixty days after the appointing authority has the power to | 937 |
so appoint, or after a vacancy exists, the state personnel board | 938 |
of review shall make the appointment, and the appointee shall hold | 939 |
office until the expiration of the term of the appointing | 940 |
authority of the city. If any municipal civil service commission | 941 |
fails to prepare and submit rules or regulations in accordance | 942 |
with this chapter, the board shall forthwith make those rules or | 943 |
regulations. This chapter shall in all respects, except as | 944 |
provided in this section, be in full force in cities with a civil | 945 |
service commission. | 946 |
Each municipal civil service commission shall make reports | 947 |
from time to time, as the board requires, of the manner in which | 948 |
the law and the rules and regulations under it have been and are | 949 |
being administered, and the results of their administration, in | 950 |
the city | 951 |
of the annual report of each municipal civil service commission | 952 |
shall be filed in the office of the board as a public record. | 953 |
Whenever the board has reason to believe that a municipal | 954 |
civil service commission is violating or is failing to perform the | 955 |
duties imposed upon it by law, or that any member of a municipal | 956 |
civil service commission is willfully or through culpable | 957 |
negligence violating the law or failing to perform official duties | 958 |
as a member of the commission, it shall institute an | 959 |
investigation, and if, in the judgment of the board, it finds any | 960 |
such violation or failure to perform the duties imposed by law, it | 961 |
shall make a report of the violation or failure in writing to the | 962 |
chief executive authority of the city, which report shall be a | 963 |
public record. | 964 |
Upon the receipt of a report from the board charging the | 965 |
municipal civil service commission with violating or failing to | 966 |
perform the duties imposed upon it by law, or charging any member | 967 |
of the commission with willfully or through culpable negligence | 968 |
violating the law or failing to perform official duties as a | 969 |
member of the commission, along with the evidence on which the | 970 |
report is based, the chief executive authority of the city shall | 971 |
forthwith remove the municipal civil service commissioner or | 972 |
commissioners. In all cases of removal of a municipal civil | 973 |
service commissioner by the chief executive authority of any city, | 974 |
an appeal may be had to the court of common pleas, in the county | 975 |
in which the city is situated, to determine the sufficiency of the | 976 |
cause of removal. The appeal shall be taken within ten days from | 977 |
the decision of the chief executive authority. If the court | 978 |
disaffirms the judgment of the chief executive authority, the | 979 |
commissioner shall be reinstated to the commissioner's former | 980 |
position on the commission. | 981 |
The chief executive authority of a city with a municipal | 982 |
civil service commission may remove at any time any commissioner | 983 |
for inefficiency, neglect of duty, or malfeasance in office, | 984 |
having first given to the commissioner a copy of the charges and | 985 |
an opportunity to be publicly heard in person or by counsel in | 986 |
defense. | 987 |
The mayor has the exclusive right to suspend the chief of the | 988 |
police department or the chief of the fire department for | 989 |
incompetence, gross neglect of duty, gross immorality, habitual | 990 |
drunkenness, failure to obey orders given by the proper authority, | 991 |
or any other reasonable and just cause. If either the chief of | 992 |
police or the chief of the fire department is so suspended, the | 993 |
mayor forthwith shall certify that fact, together with the cause | 994 |
of the suspension, to the municipal civil service commission. | 995 |
Within five days from the date of receipt of the notice, the | 996 |
commission shall proceed to hear the charges and render judgment | 997 |
on them. The judgment may affirm, disaffirm, or modify the | 998 |
judgment of the mayor, and an appeal may be had from the decision | 999 |
of the commission to the court of common pleas as provided in | 1000 |
section 124.34 of the Revised Code to determine the sufficiency of | 1001 |
the cause of removal. | 1002 |
(B) The board of trustees of a township that has a population | 1003 |
of ten thousand or more persons residing within the township and | 1004 |
outside any municipal corporation and that has a police or fire | 1005 |
department of ten or more full-time paid employees may appoint | 1006 |
three persons to constitute the township civil service commission. | 1007 |
Of the initial appointments made to the commission, one shall be | 1008 |
for a term ending two years after the date of initial appointment, | 1009 |
one shall be for a term ending four years after that date, and one | 1010 |
shall be for a term ending six years after that date. Thereafter, | 1011 |
terms of office shall be for six years, each term ending on the | 1012 |
same day of the same month as did the term which it succeeds. Each | 1013 |
member shall hold office from the date of appointment until the | 1014 |
end of the term for which the member was appointed. Any member | 1015 |
appointed to fill a vacancy occurring prior to the expiration of | 1016 |
the term for which the member's predecessor was appointed shall | 1017 |
hold office for the remainder of that term. Any member shall | 1018 |
continue in office subsequent to the expiration date of the | 1019 |
member's term until a successor takes office, or until a period of | 1020 |
sixty days has elapsed, whichever occurs first. At the time of any | 1021 |
appointment, not more than two commissioners shall be adherents of | 1022 |
the same political party. | 1023 |
The board of township trustees shall determine the | 1024 |
compensation and expenses to be paid to the members of the | 1025 |
township civil service commission. The powers and duties conferred | 1026 |
on municipal civil service commissions and the supervisory | 1027 |
authority of the state personnel board of review under division | 1028 |
(A) of this section shall be applicable to the civil service | 1029 |
commission of a civil service township. | 1030 |
The board of township trustees has the exclusive right to | 1031 |
suspend the chief of the police or fire department of the township | 1032 |
in the same manner as provided in division (A) of this section for | 1033 |
municipal chiefs. | 1034 |
The jurisdiction of the township civil service commission is | 1035 |
limited to employees of the township fire or police department and | 1036 |
then only if the department has ten or more full-time paid | 1037 |
employees, and it does not extend to any other township employees. | 1038 |
Sec. 124.57. (A) No officer or employee in the classified | 1039 |
service of the state, the several counties | 1040 |
1041 | |
the state shall directly or indirectly, orally or by letter, | 1042 |
solicit or receive, or be in any manner concerned in soliciting or | 1043 |
receiving, any assessment, subscription, or contribution for any | 1044 |
political party or for any candidate for public office; nor shall | 1045 |
any person solicit directly or indirectly, orally or by letter, or | 1046 |
be in any manner concerned in soliciting, any such assessment, | 1047 |
contribution, or payment from any officer or employee in the | 1048 |
classified service
of the state, the several counties | 1049 |
1050 | |
townships of the state; nor shall any officer or employee in the | 1051 |
classified service of the state, the
several counties | 1052 |
1053 | |
townships of the state be an officer in any political organization | 1054 |
or take part in politics other than to vote as the officer or | 1055 |
employee pleases and to express freely political opinions. | 1056 |
(B)(1) Nothing in division (A) of this section prohibits an | 1057 |
officer or employee described in that division from serving as a | 1058 |
precinct election official under section 3501.22 of the Revised | 1059 |
Code. | 1060 |
(2) Nothing in division (A) of this section prohibits an | 1061 |
employee of the Ohio cooperative extension service whose position | 1062 |
is transferred from the unclassified civil service to the | 1063 |
classified civil service and who also holds the office of | 1064 |
president of a city legislative authority from completing the | 1065 |
existing term of office as president. | 1066 |
Sec. 3301.07. The state board of education shall exercise | 1067 |
under the acts of the general assembly general supervision of the | 1068 |
system of public education in the state. In addition to the powers | 1069 |
otherwise imposed on the state board under the provisions of law, | 1070 |
the board shall have the following powers: | 1071 |
(A) Exercise policy forming, planning, and evaluative | 1072 |
functions for the public schools of the state, and for adult | 1073 |
education, except as otherwise provided by law; | 1074 |
(B) Exercise leadership in the improvement of public | 1075 |
education in this state, and administer the educational policies | 1076 |
of this state relating to public schools, and relating to | 1077 |
instruction and instructional material, building and equipment, | 1078 |
transportation of pupils, administrative responsibilities of | 1079 |
school officials and personnel, and finance and organization of | 1080 |
school districts, educational service centers, and territory. | 1081 |
Consultative and advisory services in such matters shall be | 1082 |
provided by the board to school districts and educational service | 1083 |
centers of this state. The board also shall develop a standard of | 1084 |
financial reporting which shall be used by all school districts | 1085 |
and educational service centers to make their financial | 1086 |
information available to the public in a format understandable by | 1087 |
the average citizen and provide year-to-year comparisons for at | 1088 |
least five years. The format shall show, among other things, | 1089 |
district and educational service center revenue by source; | 1090 |
expenditures for salaries, wages, and benefits of employees, | 1091 |
showing such amounts separately for classroom teachers, other | 1092 |
employees required to hold licenses issued pursuant to sections | 1093 |
3319.22 to 3319.31 of the Revised Code, and all other employees; | 1094 |
expenditures other than for personnel, by category, including | 1095 |
utilities, textbooks and other educational materials, equipment, | 1096 |
permanent improvements, pupil transportation, extracurricular | 1097 |
athletics, and other extracurricular activities; and per pupil | 1098 |
expenditures. | 1099 |
(C) Administer and supervise the allocation and distribution | 1100 |
of all state and federal funds for public school education under | 1101 |
the provisions of law, and may prescribe such systems of | 1102 |
accounting as are necessary and proper to this function. It may | 1103 |
require county auditors and treasurers, boards of education, | 1104 |
educational service center governing boards, treasurers of such | 1105 |
boards, teachers, and other school officers and employees, or | 1106 |
other public officers or employees, to file with it such reports | 1107 |
as it may prescribe relating to such funds, or to the management | 1108 |
and condition of such funds. | 1109 |
(D) Formulate and prescribe minimum standards to be applied | 1110 |
to all elementary and secondary schools in this state for the | 1111 |
purpose of | 1112 |
quality | 1113 |
1114 | |
1115 | |
1116 | |
1117 | |
1118 | |
1119 | |
1120 | |
1121 | |
1122 | |
1123 | |
1124 | |
1125 | |
1126 | |
standards shall not require school districts to perform duties or | 1127 |
to abstain from activities not specifically required or prohibited | 1128 |
in this title. | 1129 |
In the formulation and administration of such standards for | 1130 |
nonpublic schools the board shall also consider the particular | 1131 |
needs, methods and objectives of those schools, provided they do | 1132 |
not conflict with the provision of a general education of a high | 1133 |
quality and provided that regular procedures shall be followed for | 1134 |
promotion from grade to grade of pupils who have met the | 1135 |
educational requirements prescribed. | 1136 |
(E)
May
| 1137 |
information developed under section 2108.34 of the Revised Code | 1138 |
1139 | |
2108. of the Revised Code and may provide the information to high | 1140 |
schools, educational service centers, and joint vocational school | 1141 |
district boards of education; | 1142 |
(F) Prepare and submit annually to the governor and the | 1143 |
general assembly a report on the status, needs, and major problems | 1144 |
of the public schools of the state, with recommendations for | 1145 |
necessary legislative action and a ten-year projection of the | 1146 |
state's public and nonpublic school enrollment, by year and by | 1147 |
grade level; | 1148 |
(G) Prepare and submit to the director of budget and | 1149 |
management the biennial budgetary requests of the state board of | 1150 |
education, for its agencies and for the public schools of the | 1151 |
state; | 1152 |
(H) Cooperate with federal, state, and local agencies | 1153 |
concerned with the health and welfare of children and youth of the | 1154 |
state; | 1155 |
(I) Require such reports from school districts and | 1156 |
educational service centers, school officers, and employees as are | 1157 |
necessary | 1158 |
The superintendents and treasurers of school districts and | 1159 |
educational service centers shall certify as to the accuracy of | 1160 |
all reports required by law or state board or state department of | 1161 |
education rules to be submitted by the district or educational | 1162 |
service center and which contain information necessary for | 1163 |
calculation of state funding. Any superintendent who knowingly | 1164 |
falsifies such report shall be subject to license revocation | 1165 |
pursuant to section 3319.31 of the Revised Code. | 1166 |
(J) In accordance with Chapter 119. of the Revised Code, | 1167 |
adopt procedures, standards, and guidelines for the education of | 1168 |
children with disabilities pursuant to Chapter 3323. of the | 1169 |
Revised Code, including procedures, standards, and guidelines | 1170 |
governing programs and services operated by county boards of | 1171 |
mental retardation and developmental disabilities pursuant to | 1172 |
section 3323.09 of the Revised Code; | 1173 |
(K) For the purpose of encouraging the development of special | 1174 |
programs of education for academically gifted children, employ | 1175 |
competent persons to analyze and publish data, promote research, | 1176 |
advise and counsel with boards of education, and encourage the | 1177 |
training of teachers in the special instruction of gifted | 1178 |
children. The board may provide financial assistance out of any | 1179 |
funds appropriated for this purpose to boards of education and | 1180 |
educational service center governing boards for developing and | 1181 |
conducting programs of education for academically gifted children. | 1182 |
(L) | 1183 |
encourage, within existing units of study, the teaching of energy | 1184 |
and resource conservation as recommended to each district board of | 1185 |
education by leading business persons involved in energy | 1186 |
production and conservation, beginning in the primary grades; | 1187 |
(M) Formulate and prescribe minimum standards | 1188 |
promoting the use of phonics as a technique in the teaching of | 1189 |
reading in grades kindergarten through three. In addition, the | 1190 |
state board shall provide in-service training programs for | 1191 |
teachers on the use of phonics as a technique in the teaching of | 1192 |
reading in grades kindergarten through three. | 1193 |
(N) Develop and modify as necessary a state plan for | 1194 |
technology to encourage and promote the use of technological | 1195 |
advancements in educational settings. | 1196 |
The board may adopt rules necessary for carrying out any | 1197 |
function imposed on it by law, and may provide rules as are | 1198 |
necessary for its government and the government of its employees, | 1199 |
and may delegate to the superintendent of public instruction the | 1200 |
management and administration of any function imposed on it by | 1201 |
law. It may provide for the appointment of board members to serve | 1202 |
on temporary committees established by the board for such purposes | 1203 |
as are necessary. Permanent or standing committees shall not be | 1204 |
created. | 1205 |
Sec. 3301.072. The state board of education shall establish | 1206 |
continuing programs of in-service training in school district | 1207 |
budget and finance for superintendents of schools or their | 1208 |
designees, business managers, members of boards of education, and | 1209 |
treasurers of boards of education for the purpose of enhancing | 1210 |
their background and working knowledge of government accounting, | 1211 |
state and federal laws relating to school district budgeting and | 1212 |
financing, financial report preparation, rules of the auditor of | 1213 |
state, and budget and accounting management. | 1214 |
The manner and content of each training program shall be | 1215 |
determined and provided by the state board of education after | 1216 |
consultation with the department of taxation and the auditor of | 1217 |
state. The state board may enter into contracts with the | 1218 |
department and the auditor of state to supply, at cost, any | 1219 |
assistance required to enable the board to perform its duties | 1220 |
under this section. | 1221 |
Each superintendent or | 1222 |
treasurer or treasurer pro tempore, and business manager | 1223 |
may, but shall not be required to, attend | 1224 |
provided under this section | 1225 |
Sec. 3311.10. If an exempted village school district fails | 1226 |
to contain within its territorial boundaries territory lying | 1227 |
within the corporate limits of a village having a population, | 1228 |
according to the latest federal census of two thousand or more, | 1229 |
such exempted village school district shall become a local school | 1230 |
district, subject to the supervision of the educational service | 1231 |
center governing board for the school year commencing the first | 1232 |
day of July following the publication by the secretary of state of | 1233 |
such census, and thereafter. This section does not apply to any | 1234 |
exempted village school district organized as such exempted | 1235 |
village school district prior to June 1, 1943. | 1236 |
The board of education of an exempted village school district | 1237 |
that contains within its boundaries all or part of two or more | 1238 |
municipal corporations, the aggregate population of which totals | 1239 |
five thousand or more as determined by the preceding federal | 1240 |
census, may, by a majority vote of the full membership of the | 1241 |
board, propose that such district become a city school district. | 1242 |
The proposal shall be filed with the state board of education. The | 1243 |
state board of education shall either approve or disapprove the | 1244 |
proposal and shall notify, in writing, the board of education of | 1245 |
the district of its decision within ninety days of the day on | 1246 |
which the proposal was received. | 1247 |
A school district created by the state board of education | 1248 |
under section 3311.37 of the Revised Code which includes any | 1249 |
combination of two or more exempted village or local school | 1250 |
districts may be designated as a city school district by the state | 1251 |
board of education, provided the aggregate population of the newly | 1252 |
created district totals five thousand or more as determined by the | 1253 |
last federal or special census and provided there is contained | 1254 |
within its boundaries all or part of a municipal corporation. | 1255 |
When a governing board of an educational service center is | 1256 |
dissolved pursuant to section 3311.37 of the Revised Code the | 1257 |
employees shall be assured the opportunity of continued employment | 1258 |
in the newly created school district in similar positions at no | 1259 |
reduction in salary until the expiration of the existing | 1260 |
contracts.
| 1261 |
1262 | |
1263 | |
1264 |
Sec. 3311.19. (A) The management and control of a joint | 1265 |
vocational school district shall be vested in the joint vocational | 1266 |
school district board of education. Where a joint vocational | 1267 |
school district is composed only of two or more local school | 1268 |
districts located in one county, or when all the participating | 1269 |
districts are in one county and the boards of such participating | 1270 |
districts so choose, the educational service center governing | 1271 |
board of the county in which the joint vocational school district | 1272 |
is located shall serve as the joint vocational school district | 1273 |
board of education. Where a joint vocational school district is | 1274 |
composed of local school districts of more than one county, or of | 1275 |
any combination of city, local, or exempted village school | 1276 |
districts or educational service centers, unless administration by | 1277 |
the educational service center governing board has been chosen by | 1278 |
all the participating districts in one county pursuant to this | 1279 |
section, the board of education of the joint vocational school | 1280 |
district shall be composed of one or more persons who are members | 1281 |
of the boards of education from each of the city or exempted | 1282 |
village school districts or members of the educational service | 1283 |
centers' governing boards affected to be appointed by the boards | 1284 |
of education or governing boards of such school districts and | 1285 |
educational service centers. In such joint vocational school | 1286 |
districts the number and terms of members of the joint vocational | 1287 |
school district board of education and the allocation of a given | 1288 |
number of members to each of the city and exempted village | 1289 |
districts and educational service centers shall be determined in | 1290 |
the plan for such district, provided that each such joint | 1291 |
vocational school district board of education shall be composed of | 1292 |
an odd number of members. | 1293 |
(B) Notwithstanding division (A) of this section, a governing | 1294 |
board of an educational service center that has members of its | 1295 |
governing board serving on a joint vocational school district | 1296 |
board of education may make a request to the joint vocational | 1297 |
district board that the joint vocational school district plan be | 1298 |
revised to provide for one or more members of boards of education | 1299 |
of local school districts that are within the territory of the | 1300 |
educational service district and within the joint vocational | 1301 |
school district to serve in the place of or in addition to its | 1302 |
educational service center governing board members. If agreement | 1303 |
is obtained among a majority of the boards of education and | 1304 |
governing boards that have a member serving on the joint | 1305 |
vocational school district board of education and among a majority | 1306 |
of the local school district boards of education included in the | 1307 |
district and located within the territory of the educational | 1308 |
service center whose board requests the substitution or addition, | 1309 |
the state board of education may revise the joint vocational | 1310 |
school district plan to conform with such agreement. | 1311 |
(C) If the board of education of any school district or | 1312 |
educational service center governing board included within a joint | 1313 |
vocational district that has had its board or governing board | 1314 |
membership revised under division (B) of this section requests the | 1315 |
joint vocational school district board to submit to the state | 1316 |
board of education a revised plan under which one or more joint | 1317 |
vocational board members chosen in accordance with a plan revised | 1318 |
under such division would again be chosen in the manner prescribed | 1319 |
by division (A) of this section, the joint vocational board shall | 1320 |
submit the revised plan to the state board of education, provided | 1321 |
the plan is agreed to by a majority of the boards of education | 1322 |
represented on the joint vocational board, a majority of the local | 1323 |
school district boards included within the joint vocational | 1324 |
district, and each educational service center governing board | 1325 |
affected by such plan. The state board of education may revise the | 1326 |
joint vocational school district plan to conform with the revised | 1327 |
plan. | 1328 |
(D) The vocational schools in such joint vocational school | 1329 |
district shall be available to all youth of school age within the | 1330 |
joint vocational school district subject to the rules adopted by | 1331 |
the joint vocational school district board of education in regard | 1332 |
to the standards requisite to admission. A joint vocational school | 1333 |
district board of education shall have the same powers, duties, | 1334 |
and authority for the management and operation of such joint | 1335 |
vocational school district as is granted by law, except by this | 1336 |
chapter and Chapters | 1337 |
Code, to a board of education of a city school district, and shall | 1338 |
be subject to all the provisions of law that apply to a city | 1339 |
school district, except such provisions in this chapter and | 1340 |
Chapters | 1341 |
(E) Where a governing board of an educational service center | 1342 |
has been designated to serve as the joint vocational school | 1343 |
district board of education, the educational service center | 1344 |
superintendent shall be the executive officer for the joint | 1345 |
vocational school district, and the governing board may provide | 1346 |
for additional compensation to be paid to the educational service | 1347 |
center superintendent by the joint vocational school district, but | 1348 |
the educational service center superintendent shall have no | 1349 |
continuing tenure other than that of educational service center | 1350 |
superintendent. The superintendent of schools of a joint | 1351 |
vocational school district shall exercise the duties and authority | 1352 |
vested by law in a superintendent of schools pertaining to the | 1353 |
operation of a school district and the employment and supervision | 1354 |
of its personnel. The joint vocational school district board of | 1355 |
education shall appoint a treasurer of the joint vocational school | 1356 |
district who shall be the fiscal officer for such district and who | 1357 |
shall have all the powers, duties, and authority vested by law in | 1358 |
a treasurer of a board of education. Where a governing board of an | 1359 |
educational service center has been designated to serve as the | 1360 |
joint vocational school district board of education, such board | 1361 |
may appoint the educational service center superintendent as the | 1362 |
treasurer of the joint vocational school district. | 1363 |
(F) Each member of a joint vocational school district board | 1364 |
of education may be paid such compensation as the board provides | 1365 |
by resolution, but it shall not exceed one hundred twenty-five | 1366 |
dollars per member for each meeting attended plus mileage, at the | 1367 |
rate per mile provided by resolution of the board, to and from | 1368 |
meetings of the board. | 1369 |
The board may provide by resolution for the deduction of | 1370 |
amounts payable for benefits | 1371 |
1372 | |
who is purchasing any category of benefits offered by a city, | 1373 |
local, or exempted village school board or educational service | 1374 |
center governing board, shall purchase the same category of | 1375 |
benefits as a member of the joint vocational school board. | 1376 |
Each member of a joint vocational school district board may | 1377 |
be paid such compensation as the board provides by resolution for | 1378 |
attendance at an approved training program, provided that such | 1379 |
compensation shall not exceed sixty dollars per day for attendance | 1380 |
at a training program three hours or fewer in length and one | 1381 |
hundred twenty-five dollars a day for attendance at a training | 1382 |
program longer than three hours in length. However, no board | 1383 |
member shall be compensated for the same training program under | 1384 |
this section and section 3313.12 of the Revised Code. | 1385 |
Sec. 3311.52. A cooperative education school district may be | 1386 |
established pursuant to divisions (A) to (C) of this section or | 1387 |
pursuant to section 3311.521 of the Revised Code. | 1388 |
(A) A cooperative education school district may be | 1389 |
established upon the adoption of identical resolutions within a | 1390 |
sixty-day period by a majority of the members of the board of | 1391 |
education of each city, local, and exempted village school | 1392 |
district that is within the territory of a county school financing | 1393 |
district. | 1394 |
A copy of each resolution shall be filed with the board of | 1395 |
education of the educational service center which created the | 1396 |
county school financing district. Upon the filing of the last such | 1397 |
resolution, the educational service center governing board shall | 1398 |
immediately notify each board of education filing such a | 1399 |
resolution of the date on which the last resolution was filed. | 1400 |
Ten days after the date on which the last resolution is filed | 1401 |
with the educational service center governing board or ten days | 1402 |
after the last of any notices required under division (C) of this | 1403 |
section is received by the educational service center governing | 1404 |
board, whichever is later, the county school financing district | 1405 |
shall be dissolved and the new cooperative education school | 1406 |
district and the board of education of the cooperative education | 1407 |
school district shall be established. | 1408 |
On the date that any county school financing district is | 1409 |
dissolved and a cooperative education school district is | 1410 |
established under this section, each of the following shall apply: | 1411 |
(1) The territory of the dissolved district becomes the | 1412 |
territory of the new district. | 1413 |
(2) Any outstanding tax levy in force in the dissolved | 1414 |
district shall be spread over the territory of the new district | 1415 |
and shall remain in force in the new district until the levy | 1416 |
expires or is renewed. | 1417 |
(3) Any funds of the dissolved district shall be paid over in | 1418 |
full to the new district. | 1419 |
(4) Any net indebtedness of the dissolved district shall be | 1420 |
assumed in full by the new district. As used in division (A)(4) of | 1421 |
this section, "net indebtedness" means the difference between the | 1422 |
par value of the outstanding and unpaid bonds and notes of the | 1423 |
dissolved district and the amount held in the sinking fund and | 1424 |
other indebtedness retirement funds for their redemption. | 1425 |
When a county school financing district is dissolved and a | 1426 |
cooperative education school district is established under this | 1427 |
section, the governing board of the educational service center | 1428 |
that created the dissolved district shall give written notice of | 1429 |
this fact to the county auditor and the board of elections of each | 1430 |
county having any territory in the new district. | 1431 |
(B) The resolutions adopted under division (A) of this | 1432 |
section shall include all of the following provisions: | 1433 |
(1) Provision that the governing board of the educational | 1434 |
service center which created the county school financing district | 1435 |
shall be the board of education of the cooperative education | 1436 |
school district, except that provision may be made for the | 1437 |
composition, selection, and terms of office of an alternative | 1438 |
board of education of the cooperative district, which board shall | 1439 |
include at least one member selected from or by the members of the | 1440 |
board of education of each city, local, and exempted village | 1441 |
school district and at least one member selected from or by the | 1442 |
members of the educational service center governing board within | 1443 |
the territory of the cooperative district; | 1444 |
(2) Provision that the treasurer and superintendent of the | 1445 |
educational service center which created the county school | 1446 |
financing district shall be the treasurer and superintendent of | 1447 |
the cooperative education school district, except that provision | 1448 |
may be made for the selection of a treasurer or superintendent of | 1449 |
the cooperative district other than the treasurer or | 1450 |
superintendent of the educational service center, which provision | 1451 |
shall require one of the following: | 1452 |
(a) The selection of one person as both the treasurer and | 1453 |
superintendent of the cooperative district, which provision may | 1454 |
require such person to be the treasurer or superintendent of any | 1455 |
city, local, or exempted village school district or educational | 1456 |
service center within the territory of the cooperative district; | 1457 |
(b) The selection of one person as the treasurer and another | 1458 |
person as the superintendent of the cooperative district, which | 1459 |
provision may require either one or both such persons to be | 1460 |
treasurers or superintendents of any city, local, or exempted | 1461 |
village school districts or educational service center within the | 1462 |
territory of the cooperative district. | 1463 |
(3) A statement of the educational program the board of | 1464 |
education of the cooperative education school district will | 1465 |
conduct, including but not necessarily limited to the type of | 1466 |
educational program, the grade levels proposed for inclusion in | 1467 |
the program, the timetable for commencing operation of the | 1468 |
program, and the facilities proposed to be used or constructed to | 1469 |
be used by the program; | 1470 |
(4) A statement of the annual amount, or the method for | 1471 |
determining that amount, of funds or services or facilities that | 1472 |
each city, local, and exempted village school district within the | 1473 |
territory of the cooperative district is required to pay to or | 1474 |
provide for the use of the board of education of the cooperative | 1475 |
education school district; | 1476 |
(5) Provision for adopting amendments to the provisions of | 1477 |
divisions (B)(2) to (4) of this section. | 1478 |
(C) If the resolutions adopted under division (A) of this | 1479 |
section provide for a board of education of the cooperative | 1480 |
education school district that is not the governing board of the | 1481 |
educational service center that created the county school | 1482 |
financing district, each board of education of each city, local, | 1483 |
or exempted village school district and the governing board of the | 1484 |
educational service center within the territory of the cooperative | 1485 |
district shall, within thirty days after the date on which the | 1486 |
last resolution is filed with the educational service center | 1487 |
governing board under division (A) of this section, select one or | 1488 |
more members of the board of education of the cooperative district | 1489 |
as provided in the resolutions filed with the educational service | 1490 |
center governing board. Each such board shall immediately notify | 1491 |
the educational
| 1492 |
such selection. | 1493 |
(D) Except for the powers and duties in this chapter and | 1494 |
Chapters
| 1495 |
a cooperative education school district established pursuant to | 1496 |
divisions (A) to (C) of this section or pursuant to section | 1497 |
3311.521 of the Revised Code has all the powers of a city school | 1498 |
district and its board of education has all the powers and duties | 1499 |
of a board of education of a city school district with respect to | 1500 |
the educational program specified in the resolutions adopted under | 1501 |
division (A) of this section. All laws applicable to a city school | 1502 |
district or the board of education or the members of the board of | 1503 |
education of a city school district, except such laws in this | 1504 |
chapter and Chapters
| 1505 |
Revised Code, are applicable to a cooperative education school | 1506 |
district and its board. | 1507 |
The treasurer and superintendent of a cooperative education | 1508 |
school district shall have the same respective duties and powers | 1509 |
as a treasurer and superintendent of a city school district, | 1510 |
except for any powers and duties in this chapter and Chapters | 1511 |
1512 |
(E) For purposes of this title, any student included in the | 1513 |
formula ADM certified for any city, exempted village, or local | 1514 |
school district under section 3317.03 of the Revised Code by | 1515 |
virtue of being counted, in whole or in part, in the average daily | 1516 |
membership of a cooperative education school district under | 1517 |
division (A)(2)(f) of that section shall be construed to be | 1518 |
enrolled both in that city, exempted village, or
| 1519 |
school district and in that cooperative education school district. | 1520 |
This division shall not be construed to mean that any such | 1521 |
individual student may be counted more than once for purposes of | 1522 |
determining the average daily membership of any one school | 1523 |
district. | 1524 |
Sec. 3311.72. This section does not apply to any principal, | 1525 |
assistant principal, or other administrator who is employed to | 1526 |
perform administrative functions primarily within one school | 1527 |
building. | 1528 |
(A) On the effective date of the assumption of control of a | 1529 |
municipal school district by the new board of education pursuant | 1530 |
to division (B) of section 3311.71 of the Revised Code, the | 1531 |
treasurer, business manager, superintendent, assistant | 1532 |
superintendents, and other administrators of the school district | 1533 |
shall submit their resignations to the board. As used in this | 1534 |
section, "other administrator" has the same meaning as in section | 1535 |
3319.02 of the Revised Code. | 1536 |
(B) Notwithstanding Chapter 3319. of the Revised Code: | 1537 |
(1) Until thirty months after the date of the assumption of | 1538 |
control of a municipal school district by a board pursuant to | 1539 |
division (B) of section 3311.71 of the Revised Code, the mayor | 1540 |
shall appoint the chief executive officer and fill any vacancies | 1541 |
occurring in that position. | 1542 |
(2) After the board appointed pursuant to division (B) of | 1543 |
section 3311.71 of the Revised Code has been in control of a | 1544 |
municipal school district for thirty months, the mayor shall | 1545 |
appoint the chief executive officer and fill any vacancies | 1546 |
occurring in that position, with the concurrence of the board. | 1547 |
(3) After the first date of the assumption of control of a | 1548 |
municipal school district by a board pursuant to division (F) of | 1549 |
section 3311.71 of the Revised Code, the board shall appoint the | 1550 |
chief executive officer and fill any vacancies occurring in that | 1551 |
position, with the concurrence of the mayor. | 1552 |
(4) An individual appointed to the position of chief | 1553 |
executive officer under division (B)(1), (2), or (3) of this | 1554 |
section shall have a contract with the school district that | 1555 |
includes such terms and conditions of employment as are agreeable | 1556 |
to the board and the appointee, except that each such contract | 1557 |
shall contain a provision stating that, unless the individual | 1558 |
chooses to terminate the contract at a prior time: | 1559 |
(a) During the first thirty months after the date of the | 1560 |
assumption of control of the municipal school district by the | 1561 |
board pursuant to division (B) of section 3311.71 of the Revised | 1562 |
Code, the individual will serve at the pleasure of the mayor; | 1563 |
(b) Beginning thirty months after the date of assumption of | 1564 |
control, the individual will serve at the pleasure of the board, | 1565 |
with the mayor's concurrence required for removal. | 1566 |
(C) The chief executive officer shall appoint a chief | 1567 |
financial officer, a chief academic officer, a chief operating | 1568 |
officer, and a chief communications officer and any other | 1569 |
administrators for the district as the chief executive officer | 1570 |
shall determine to be necessary. The chief executive officer shall | 1571 |
also appoint ombudspersons who shall answer questions and seek to | 1572 |
resolve problems and concerns raised by parents and guardians of | 1573 |
children attending district schools. The chief executive officer | 1574 |
shall appoint a sufficient number of ombudspersons to serve the | 1575 |
needs of the parents and guardians. | 1576 |
A municipal school district is not required to have a | 1577 |
superintendent appointed pursuant to section 3319.01 of the | 1578 |
Revised Code or a treasurer elected pursuant to section 3313.22 of | 1579 |
the Revised Code. In addition to the rights, authority, and duties | 1580 |
conferred upon the chief executive officer and chief financial | 1581 |
officer in sections 3311.71 to 3311.76 of the Revised Code, the | 1582 |
chief executive officer and the chief financial officer shall have | 1583 |
all of the rights, authority, and duties conferred upon the | 1584 |
superintendent of a school district and the treasurer of a board | 1585 |
of education, respectively, by the Revised Code that are not | 1586 |
inconsistent with sections 3311.71 to 3311.76 of the Revised Code. | 1587 |
(D) Notwithstanding
| 1588 |
Revised Code, an individual appointed to an administrative | 1589 |
position in a municipal school district by its chief executive | 1590 |
officer shall have a contract with the school district that | 1591 |
includes such terms and conditions of employment as are agreeable | 1592 |
to the chief executive officer and the appointee, except that each | 1593 |
such contract shall contain a provision stating that, unless the | 1594 |
appointee chooses to terminate the contract at a prior time, the | 1595 |
appointee will serve at the pleasure of the chief executive | 1596 |
officer. | 1597 |
(E) The chief executive officer shall also contract for or | 1598 |
employ such consultants, counsel, or other outside parties as in | 1599 |
the chief executive officer's reasonable judgment shall be | 1600 |
necessary to design, implement, or evaluate the plan required by | 1601 |
section 3311.74 of the Revised Code and to properly operate the | 1602 |
school district, subject to appropriations by the board. | 1603 |
(F) Notwithstanding section 3301.074 and Chapter 3319. of the | 1604 |
Revised Code, no person appointed under this section shall be | 1605 |
required to hold any license, certificate, or permit. | 1606 |
Sec. 3313.12. Each member of the educational service center | 1607 |
governing board may be paid such compensation as the governing | 1608 |
board provides by resolution, provided that any such compensation | 1609 |
shall not exceed one hundred twenty-five dollars a day plus | 1610 |
mileage both ways, at the rate per mile provided by resolution of | 1611 |
the governing board, for attendance at any meeting of the board. | 1612 |
Such compensation and the expenses of the educational service | 1613 |
center superintendent, itemized and verified, shall be paid from | 1614 |
the educational service center governing board fund upon vouchers | 1615 |
signed by the president of the governing board. | 1616 |
The board of education of any city, local, or exempted | 1617 |
village school district may provide by resolution for compensation | 1618 |
of its members, provided that such compensation shall not exceed | 1619 |
one hundred twenty-five dollars per member for meetings attended. | 1620 |
The board may provide by resolution for the deduction of amounts | 1621 |
payable for benefits | 1622 |
Each member of a district board or educational service center | 1623 |
governing board may be paid such compensation as the respective | 1624 |
board provides by resolution for attendance at an approved | 1625 |
training program, provided that such compensation shall not exceed | 1626 |
sixty dollars a day for attendance at a training program three | 1627 |
hours or fewer in length and one hundred twenty-five dollars a day | 1628 |
for attendance at a training program longer than three hours in | 1629 |
length. | 1630 |
Sec. 3313.20. (A) The board of education of a school | 1631 |
district or the governing board of an educational service center | 1632 |
1633 | |
the government of its employees, pupils of its schools, and all | 1634 |
other persons entering upon its school grounds or premises. Rules | 1635 |
regarding entry of persons other than students, staff, and faculty | 1636 |
upon
school grounds or premises | 1637 |
at or near the entrance to the school grounds or premises, or near | 1638 |
the perimeter of the school grounds or premises, if there are no | 1639 |
formal entrances, and at the main entrance to each school | 1640 |
building. | 1641 |
(B)(1) The board of education of each city, local, exempted | 1642 |
village, or joint vocational school district may adopt a written | 1643 |
policy that authorizes principals of public schools within the | 1644 |
district or their designees to do one or both of the following: | 1645 |
(a) Search any pupil's locker and the contents of the locker | 1646 |
that is searched if the principal reasonably suspects that the | 1647 |
locker or its contents contains evidence of a pupil's violation of | 1648 |
a criminal statute or of a school rule; | 1649 |
(b) Search any pupil's locker and the contents of any pupil's | 1650 |
locker at any time if the board of education posts in a | 1651 |
conspicuous place in each school building that has lockers | 1652 |
available for use by pupils a notice that the lockers are the | 1653 |
property of the board of education and that the lockers and the | 1654 |
contents of all the lockers are subject to random search at any | 1655 |
time without regard to whether there is a reasonable suspicion | 1656 |
that any locker or its contents contains evidence of a violation | 1657 |
of a criminal statute or a school rule. | 1658 |
(2) A board of education's adoption of or failure to adopt a | 1659 |
written policy pursuant to division (B)(1) of this section does | 1660 |
not prevent the principal of any school from searching at any time | 1661 |
the locker of any pupil and the contents of any locker of any | 1662 |
pupil in the school if an emergency situation exists or appears to | 1663 |
exist that immediately threatens the health or safety of any | 1664 |
person, or threatens to damage or destroy any property, under the | 1665 |
control of the board of education and if a search of lockers and | 1666 |
the contents of the lockers is reasonably necessary to avert that | 1667 |
threat or apparent threat. | 1668 |
(C) Any employee may receive compensation and expenses for | 1669 |
days on which | 1670 |
policy statement of the board, by the superintendent of such board | 1671 |
or by a responsible administrative official designated by the | 1672 |
superintendent for the purpose of attending professional meetings | 1673 |
as defined by the board policy, and the board may provide and pay | 1674 |
the salary of a substitute for such days. The expenses thus | 1675 |
incurred by an employee shall be paid by the board from the | 1676 |
appropriate fund of the school district or the educational service | 1677 |
center governing board fund provided that statements of expenses | 1678 |
are furnished in accordance with the policy statement of the | 1679 |
board. | 1680 |
(D) Each city, local, and exempted village school district | 1681 |
1682 | |
employees at professional meetings. | 1683 |
Sec. 3313.202. | 1684 |
1685 | |
1686 | |
1687 | |
1688 | |
1689 | |
1690 | |
1691 | |
1692 | |
1693 | |
1694 | |
1695 | |
a school district may procure and pay all or part of the cost of | 1696 |
group term life, hospitalization, surgical care, or major medical | 1697 |
insurance, disability, dental care, vision care, medical care, | 1698 |
hearing aids, prescription drugs, sickness and accident | 1699 |
insurance, group legal services, or a combination of any of the | 1700 |
foregoing types of insurance or coverage, whether issued by an | 1701 |
insurance company or a health insuring corporation duly licensed | 1702 |
by this state, covering the teaching or nonteaching employees of | 1703 |
the school district, or a combination of both, or the dependent | 1704 |
children and spouses of such employees. | 1705 |
(B) The board may provide the benefits described in this | 1706 |
section through an individual self-insurance program or a joint | 1707 |
self-insurance program as provided in section 9.833 of the Revised | 1708 |
Code. | 1709 |
Sec. 3313.33. (A) Conveyances made by a board of education | 1710 |
shall be executed by the president and treasurer thereof. | 1711 |
(B) Except as provided in division (C) of this section, no | 1712 |
member of the board shall have, directly or indirectly, any | 1713 |
pecuniary interest in any contract of the board or be employed in | 1714 |
any manner for compensation by the board of which the person is a | 1715 |
member. No contract shall be binding upon any board unless it is | 1716 |
made or authorized at a regular or special meeting of such board. | 1717 |
(C) A member of the board may have a pecuniary interest in a | 1718 |
contract of the board if all of the following apply: | 1719 |
(1) The member's pecuniary interest in that contract is that | 1720 |
the member is employed by a political subdivision, | 1721 |
instrumentality, or agency of the state that is contracting with | 1722 |
the board; | 1723 |
(2) The member does not participate in any discussion or | 1724 |
debate regarding the contract or vote on the contract; | 1725 |
(3) The member files with the school district treasurer an | 1726 |
affidavit stating the member's exact employment status with the | 1727 |
political subdivision, instrumentality, or agency contracting with | 1728 |
the board. | 1729 |
(D) This section does not apply where a member of the board, | 1730 |
being a shareholder of a corporation but not being an officer or | 1731 |
director thereof, owns not in excess of five per cent of the stock | 1732 |
of such corporation. If a stockholder desires to avail self of the | 1733 |
exception, before entering upon such contract such person shall | 1734 |
first file with the treasurer an affidavit stating the | 1735 |
stockholder's exact status and connection with said corporation. | 1736 |
| 1737 |
1738 | |
1739 |
Sec. 3313.53. (A) As used in this section: | 1740 |
(1) "Licensed individual" means an individual who holds a | 1741 |
valid educator license, certificate, or permit issued by the state | 1742 |
board of education under section 3319.22, 3319.26, 3319.27, | 1743 |
3319.302, or 3319.304 of the Revised Code. | 1744 |
(2) "Nonlicensed individual" means an individual who does not | 1745 |
hold a valid educator license, certificate, or permit issued by | 1746 |
the state board of education under section 3319.22, 3319.26, | 1747 |
3319.27, 3319.302, or 3319.304 of the Revised Code. | 1748 |
(B) The board of education of any city, exempted village, or | 1749 |
local school district may establish and maintain in connection | 1750 |
with the public school systems: | 1751 |
(1) Manual training, industrial arts, domestic science, and | 1752 |
commercial departments; | 1753 |
(2) Agricultural, industrial, vocational, and trades schools. | 1754 |
Such board may pay from the public school funds, as other | 1755 |
school expenses are paid, the expenses of establishing and | 1756 |
maintaining such departments and schools and of directing, | 1757 |
supervising, and coaching the pupil-activity programs in music, | 1758 |
language, arts, speech, government, athletics, and any others | 1759 |
directly related to the curriculum. | 1760 |
(C) The board of education of any city, exempted village, or | 1761 |
local school district may employ a nonlicensed individual to | 1762 |
direct, supervise, or coach a pupil-activity program as long as | 1763 |
that individual holds a valid pupil-activity program permit issued | 1764 |
by the state board of education under division (A) of section | 1765 |
3319.303 of the Revised Code. | 1766 |
(D) | 1767 |
1768 | |
1769 | |
1770 | |
1771 | |
1772 | |
1773 | |
1774 | |
1775 | |
1776 |
| 1777 |
1778 | |
1779 | |
1780 | |
1781 | |
1782 | |
1783 | |
1784 |
| 1785 |
nonteaching employee and is not an educational assistant as | 1786 |
defined in section 3319.088 of the Revised Code. A nonlicensed | 1787 |
individual may direct, supervise, or coach a pupil-activity | 1788 |
program under this section as long as that pupil-activity program | 1789 |
does not include any class or course required or offered for | 1790 |
credit toward a pupil's promotion to the next grade or for | 1791 |
graduation, or any activity conducted as a part of or required for | 1792 |
such a class or course. A nonlicensed individual employed under | 1793 |
this section may perform only the duties of the director, | 1794 |
supervisor, or coach of the pupil-activity program for which the | 1795 |
nonlicensed individual is employed. | 1796 |
| 1797 |
nonlicensed
individual employed under this section | 1798 |
1799 | |
1800 | |
the nonlicensed
individual | 1801 |
contract | 1802 |
terms of employment | 1803 |
1804 | |
1805 |
If the state board suspends, revokes, or limits the | 1806 |
pupil-activity program permit of a nonlicensed individual, the | 1807 |
school district board may terminate or suspend the employment | 1808 |
contract of that individual. | 1809 |
1810 | |
1811 | |
1812 |
Sec. 3313.604. For purposes of this section, American sign | 1813 |
language is hereby recognized as a foreign language, and any | 1814 |
public or chartered nonpublic school may offer a course in | 1815 |
American sign language. A student who successfully completes a | 1816 |
course in American sign language | 1817 |
granted credit for that course toward satisfaction of a foreign | 1818 |
language requirement of the public or chartered nonpublic school | 1819 |
where the course is offered. | 1820 |
Sec. 3313.665. In order to promote a safe and healthy school | 1821 |
setting and enhance the educational environment, a code of conduct | 1822 |
or discipline policy adopted by a board of education may include a | 1823 |
reasonable dress code, or may establish a school uniform to be | 1824 |
worn by the students attending one or more
district schools. | 1825 |
1826 | |
1827 | |
1828 |
| 1829 |
1830 | |
1831 | |
1832 |
| 1833 |
1834 | |
1835 |
| 1836 |
1837 | |
1838 | |
1839 | |
1840 | |
1841 |
| 1842 |
1843 | |
1844 | |
1845 |
Sec. 3313.751. (A) As used in this section: | 1846 |
(1) "School district" means a city, local, exempted village, | 1847 |
or joint vocational school district. | 1848 |
(2) "Smoke" means to burn any substance containing tobacco, | 1849 |
including a lighted cigarette, cigar, or pipe, or to burn a clove | 1850 |
cigarette. | 1851 |
(3) "Use tobacco" means to chew or maintain any substance | 1852 |
containing tobacco, including smokeless tobacco, in the mouth to | 1853 |
derive the effects of tobacco. | 1854 |
(B) No pupil shall smoke or use tobacco or possess any | 1855 |
substance containing tobacco in any area under the control of a | 1856 |
school district or an educational service center or at any | 1857 |
activity supervised by any school operated by a school district or | 1858 |
an educational service center. | 1859 |
| 1860 |
1861 | |
1862 | |
1863 | |
1864 |
Sec. 3313.79. Any organization or group of citizens | 1865 |
permitted to use the
properties | 1866 |
1867 | |
shall be responsible for any damage done them over and above the | 1868 |
ordinary wear, and shall, if required, pay the actual expenses | 1869 |
incurred for janitor service, light, and heat. | 1870 |
Sec. 3313.81. The board of education of any city, exempted | 1871 |
village, or local school district may establish food service, | 1872 |
provide facilities and equipment, and pay operating costs in the | 1873 |
schools under its control for the preparation and serving of | 1874 |
lunches, and other meals or refreshments to the pupils, employees | 1875 |
of the board of education employed therein, and to other persons | 1876 |
taking part in or patronizing any activity in connection with the | 1877 |
schools. A board of education that operates such a food service | 1878 |
may also provide meals at cost to residents of the school district | 1879 |
who are sixty years of age or older or may contract with public or | 1880 |
private nonprofit organizations providing services to the elderly | 1881 |
to provide nutritious meals for persons who are sixty years of age | 1882 |
or older. Restrictions or limitations upon the privileges or use | 1883 |
of facilities by any pupil, employee, person taking part in or | 1884 |
patronizing a school-related activity, or elderly person must be | 1885 |
applied equally to all pupils, all employees, all persons taking | 1886 |
part in or patronizing a school-related activity, or elderly | 1887 |
persons, respectively, except that a board may expend school funds | 1888 |
other than funds from federally reimbursed moneys or student | 1889 |
payments to provide meals at no charge to senior citizens | 1890 |
performing volunteer services in the district's schools in | 1891 |
accordance with a volunteer program approved by the board. | 1892 |
| 1893 |
1894 | |
1895 | |
1896 | |
1897 | |
1898 | |
1899 | |
1900 | |
1901 | |
1902 | |
1903 | |
1904 | |
1905 | |
1906 | |
1907 | |
1908 | |
1909 | |
1910 | |
1911 |
The enforcement of this section shall be under jurisdiction | 1912 |
of the state board of education. | 1913 |
Sec. 3313.871. (A) By a majority vote of its members, a | 1914 |
board of education may appropriate from the general fund an amount | 1915 |
sufficient to pay annual membership dues and service fees to one | 1916 |
or more accrediting associations that have the purpose of | 1917 |
improving education. | 1918 |
1919 | |
1920 |
(B) In addition to the expenditures authorized under division | 1921 |
(A) of this section, a board of education may pay the necessary | 1922 |
and proper expenses associated with accreditation activities and | 1923 |
school evaluations. A board of education may pay an employee the | 1924 |
employee's regular salary during the employee's service as an | 1925 |
evaluator of a school in another school district. | 1926 |
Sec. 3313.96. (A) As used in this section, "minor," "missing | 1927 |
child," and "missing children" have the same meanings as in | 1928 |
section 2901.30 of the Revised Code. | 1929 |
(B) Each board of education | 1930 |
district informational programs for students, parents, and | 1931 |
community members relative to missing children issues and matters. | 1932 |
Each of these boards may request copies of the informational | 1933 |
materials acquired or prepared by the missing children | 1934 |
clearinghouse pursuant to section 109.65 of the Revised Code and | 1935 |
may request assistance from the clearinghouse in developing its | 1936 |
programs. | 1937 |
The principal or chief administrative officer of a nonpublic | 1938 |
school in this state may develop within | 1939 |
officer's school informational programs relative to missing | 1940 |
children issues and matters for students, parents, and community | 1941 |
members. The principal or officer may request copies of the | 1942 |
informational materials acquired or prepared by the missing | 1943 |
children clearinghouse and may request assistance from the | 1944 |
clearinghouse in developing its programs. | 1945 |
(C) Each board of education may develop a fingerprinting | 1946 |
program for students and minors within the district. The principal | 1947 |
or chief administrative officer of a nonpublic school in this | 1948 |
state may develop a fingerprinting program for students of the | 1949 |
school. If developed, the program shall be developed in | 1950 |
conjunction with law enforcement agencies having jurisdiction | 1951 |
within the school district or where the nonpublic school is | 1952 |
located and, in the case of a local school district, in | 1953 |
conjunction with the governing board of the educational service | 1954 |
center. Such law enforcement agencies shall cooperate fully with | 1955 |
the board or nonpublic school in the development of its | 1956 |
fingerprinting program. | 1957 |
If developed, the fingerprinting program shall be developed | 1958 |
for the sole purpose of providing a means by which a missing child | 1959 |
might be located or identified and shall be operated on the | 1960 |
following basis: | 1961 |
(1) No student or minor shall be required to participate in | 1962 |
the program. | 1963 |
(2) In order for a student or minor to participate in the | 1964 |
program, the parents, parent who is the residential parent and | 1965 |
legal custodian, guardian, legal custodian, or other person | 1966 |
responsible for the student or minor shall authorize the student's | 1967 |
or minor's participation by signing a form that shall be developed | 1968 |
by the board of education or by the principal or chief | 1969 |
administrative officer of the nonpublic school, for the program. | 1970 |
(3) The fingerprinting of students or minors shall be | 1971 |
performed by members of the associated law enforcement agencies on | 1972 |
fingerprint sheets provided to the school districts or nonpublic | 1973 |
schools by the bureau of criminal identification and investigation | 1974 |
pursuant to section 109.58 of the Revised Code or on fingerprint | 1975 |
sheets or cards otherwise acquired. | 1976 |
(4) All fingerprint cards shall be given to the parents, | 1977 |
parent who is the residential parent and legal custodian, | 1978 |
guardian, legal custodian, or other person responsible for a | 1979 |
student or minor after the fingerprinting of the student or minor. | 1980 |
No copy of a fingerprinting shall be retained by a law enforcement | 1981 |
agency, school, school district, or any other person except the | 1982 |
student or minor's parent, guardian, or legal custodian. | 1983 |
(5) The name, sex, hair and eye color, height, weight, and | 1984 |
date and place of birth of the student or minor shall be indicated | 1985 |
on the fingerprint sheet or card. | 1986 |
(6) The fingerprinting program developed pursuant to this | 1987 |
section shall be offered on a periodic basis. Parents, guardians, | 1988 |
legal custodians, and residents of the districts or in the | 1989 |
communities served by the schools shall be notified periodically | 1990 |
of the program and its purpose. These notifications may be given | 1991 |
by means of memoranda or letters sent to these persons, by | 1992 |
newspaper articles, or by other reasonable means. | 1993 |
(D) This section does not affect any fingerprinting programs | 1994 |
for minors that are provided by private organizations or | 1995 |
governmental entities other than school districts. | 1996 |
Sec. 3313.975. As used in this section and in sections | 1997 |
3313.975 to 3313.979 of the Revised Code, "the pilot project | 1998 |
school district" or "the district" means any school district | 1999 |
included in the pilot project scholarship program pursuant to this | 2000 |
section. | 2001 |
(A) The superintendent of public instruction shall establish | 2002 |
a pilot project scholarship program and shall include in such | 2003 |
program any school districts that are or have ever been under | 2004 |
federal court order requiring supervision and operational | 2005 |
management of the district by the state superintendent. The | 2006 |
program shall provide for a number of students residing in any | 2007 |
such district to receive scholarships to attend alternative | 2008 |
schools, and for an equal number of students to receive tutorial | 2009 |
assistance grants while attending public school in any such | 2010 |
district. | 2011 |
(B) The state superintendent shall establish an application | 2012 |
process and deadline for accepting applications from students | 2013 |
residing in the district to participate in the scholarship | 2014 |
program. In the initial year of the program students may only use | 2015 |
a scholarship to attend school in grades kindergarten through | 2016 |
third. | 2017 |
The state superintendent shall award as many scholarships and | 2018 |
tutorial assistance grants as can be funded given the amount | 2019 |
appropriated for the program. In no case, however, shall more than | 2020 |
fifty per cent of all scholarships awarded be used by students who | 2021 |
were enrolled in a nonpublic school during the school year of | 2022 |
application for a scholarship. | 2023 |
(C)(1) The pilot project program shall continue in effect | 2024 |
each year that the general assembly has appropriated sufficient | 2025 |
money to fund scholarships and tutorial assistance grants. In each | 2026 |
year the program continues, no new students may receive | 2027 |
scholarships unless they are enrolled in grades kindergarten to | 2028 |
eight. However, any student who has received a scholarship the | 2029 |
preceding year may continue to receive one until the student has | 2030 |
completed grade ten. Beginning in the 2005-2006 academic year, a | 2031 |
student who previously has received a scholarship may receive a | 2032 |
scholarship in grade eleven. Beginning in the 2006-2007 academic | 2033 |
year, a student who previously has received a scholarship may | 2034 |
receive a scholarship in grade twelve. | 2035 |
(2) If the general assembly discontinues the scholarship | 2036 |
program, all students who are attending an alternative school | 2037 |
under the pilot project shall be entitled to continued admittance | 2038 |
to that specific school through all grades that are provided in | 2039 |
such school, under the same conditions as when they were | 2040 |
participating in the pilot project. The state superintendent shall | 2041 |
continue to make scholarship payments in accordance with division | 2042 |
(A) or (B) of section 3313.979 of the Revised Code for students | 2043 |
who remain enrolled in an alternative school under this provision | 2044 |
in any year that funds have been appropriated for this purpose. | 2045 |
If funds are not appropriated, the tuition charged to the | 2046 |
parents of a student who remains enrolled in an alternative school | 2047 |
under this provision shall not be increased beyond the amount | 2048 |
equal to the amount of the scholarship plus any additional amount | 2049 |
charged that student's parent in the most recent year of | 2050 |
attendance as a participant in the pilot project, except that | 2051 |
tuition for all the students enrolled in such school may be | 2052 |
increased by the same percentage. | 2053 |
(D) Notwithstanding | 2054 |
2055 | |
experiences a decrease in enrollment due to participation in a | 2056 |
state-sponsored scholarship program pursuant to sections 3313.974 | 2057 |
to 3313.979 of the Revised Code, the district board of education | 2058 |
may enter into an agreement with any teacher it employs to provide | 2059 |
to that teacher severance pay or early retirement incentives, or | 2060 |
both, if the teacher agrees to terminate the employment contract | 2061 |
with the district board | 2062 |
2063 | |
2064 | |
2065 |
Sec. 3314.03. A copy of every contract entered into under | 2066 |
this section shall be filed with the superintendent of public | 2067 |
instruction. | 2068 |
(A) Each contract entered into between a sponsor and the | 2069 |
governing authority of a community school shall specify the | 2070 |
following: | 2071 |
(1) That the school shall be established as either of the | 2072 |
following: | 2073 |
(a) A nonprofit corporation established under Chapter 1702. | 2074 |
of the Revised Code, if established prior to April 8, 2003; | 2075 |
(b) A public benefit corporation established under Chapter | 2076 |
1702. of the Revised Code, if established after April 8, 2003 | 2077 |
(2) The education program of the school, including the | 2078 |
school's mission, the characteristics of the students the school | 2079 |
is expected to attract, the ages and grades of students, and the | 2080 |
focus of the curriculum; | 2081 |
(3) The academic goals to be achieved and the method of | 2082 |
measurement that will be used to determine progress toward those | 2083 |
goals, which shall include the statewide achievement tests; | 2084 |
(4) Performance standards by which the success of the school | 2085 |
will be evaluated by the sponsor; | 2086 |
(5) The admission standards of section 3314.06 of the Revised | 2087 |
Code and, if applicable, section 3314.061 of the Revised Code; | 2088 |
(6)(a) Dismissal procedures; | 2089 |
(b) A requirement that the governing authority adopt an | 2090 |
attendance policy that includes a procedure for automatically | 2091 |
withdrawing a student from the school if the student without a | 2092 |
legitimate excuse fails to participate in one hundred five | 2093 |
consecutive hours of the learning opportunities offered to the | 2094 |
student. | 2095 |
(7) The ways by which the school will achieve racial and | 2096 |
ethnic balance reflective of the community it serves; | 2097 |
(8) Requirements for financial audits by the auditor of | 2098 |
state. The contract shall require financial records of the school | 2099 |
to be maintained in the same manner as are financial records of | 2100 |
school districts, pursuant to rules of the auditor of state, and | 2101 |
the audits shall be conducted in accordance with section 117.10 of | 2102 |
the Revised Code. | 2103 |
(9) The facilities to be used and their locations; | 2104 |
(10) Qualifications of teachers, including a requirement that | 2105 |
the school's classroom teachers be licensed in accordance with | 2106 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 2107 |
community school may engage noncertificated persons to teach up to | 2108 |
twelve hours per week pursuant to section 3319.301 of the Revised | 2109 |
Code; | 2110 |
(11) That the school will comply with the following | 2111 |
requirements: | 2112 |
(a) The school will provide learning opportunities to a | 2113 |
minimum of twenty-five students for a minimum of nine hundred | 2114 |
twenty hours per school year. | 2115 |
(b) The governing authority will purchase liability | 2116 |
insurance, or otherwise provide for the potential liability of the | 2117 |
school. | 2118 |
(c) The school will be nonsectarian in its programs, | 2119 |
admission policies, employment practices, and all other | 2120 |
operations, and will not be operated by a sectarian school or | 2121 |
religious institution. | 2122 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 2123 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 2124 |
3301.0712,
3301.0715, | 2125 |
2126 | |
2127 | |
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
| 2128 |
3313.96,
| 2129 |
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, | 2130 |
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., | 2131 |
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if | 2132 |
it were a school district and will comply with section 3301.0714 | 2133 |
of the Revised Code in the manner specified in section 3314.17 of | 2134 |
the Revised Code. | 2135 |
(e) The school shall comply with Chapter 102. and section | 2136 |
2921.42 of the Revised Code. | 2137 |
(f) The school will comply with sections 3313.61, 3313.611, | 2138 |
and 3313.614 of the Revised Code, except that for students who | 2139 |
enter ninth grade for the first time before July 1, 2010, the | 2140 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 2141 |
that a person must successfully complete the curriculum in any | 2142 |
high school prior to receiving a high school diploma may be met by | 2143 |
completing the curriculum adopted by the governing authority of | 2144 |
the community school rather than the curriculum specified in Title | 2145 |
XXXIII of the Revised Code or any rules of the state board of | 2146 |
education. Beginning with students who enter ninth grade for the | 2147 |
first time on or after July 1, 2010, the requirement in sections | 2148 |
3313.61 and 3313.611 of the Revised Code that a person must | 2149 |
successfully complete the curriculum of a high school prior to | 2150 |
receiving a high school diploma shall be met by completing the | 2151 |
Ohio core curriculum prescribed in division (C) of section | 2152 |
3313.603 of the Revised Code, unless the person qualifies under | 2153 |
division (D) or (F) of that section. Each school shall comply with | 2154 |
the plan for awarding high school credit based on demonstration of | 2155 |
subject area competency, adopted by the state board of education | 2156 |
under division (J) of section 3313.603 of the Revised Code. | 2157 |
(g) The school governing authority will submit within four | 2158 |
months after the end of each school year a report of its | 2159 |
activities and progress in meeting the goals and standards of | 2160 |
divisions (A)(3) and (4) of this section and its financial status | 2161 |
to the sponsor and the parents of all students enrolled in the | 2162 |
school. | 2163 |
| 2164 |
2165 | |
2166 |
(12) Arrangements for | 2167 |
provided to employees; | 2168 |
(13) The length of the contract, which shall begin at the | 2169 |
beginning of an academic year. No contract shall exceed five years | 2170 |
unless such contract has been renewed pursuant to division (E) of | 2171 |
this section. | 2172 |
(14) The governing authority of the school, which shall be | 2173 |
responsible for carrying out the provisions of the contract; | 2174 |
(15) A financial plan detailing an estimated school budget | 2175 |
for each year of the period of the contract and specifying the | 2176 |
total estimated per pupil expenditure amount for each such year. | 2177 |
The plan shall specify for each year the base formula amount that | 2178 |
will be used for purposes of funding calculations under section | 2179 |
3314.08 of the Revised Code. This base formula amount for any year | 2180 |
shall not exceed the formula amount defined under section 3317.02 | 2181 |
of the Revised Code. The plan may also specify for any year a | 2182 |
percentage figure to be used for reducing the per pupil amount of | 2183 |
the subsidy calculated pursuant to section 3317.029 of the | 2184 |
Revised Code the school is to receive that year under section | 2185 |
3314.08 of the Revised Code. | 2186 |
(16) Requirements and procedures regarding the disposition of | 2187 |
employees of the school in the event the contract is terminated or | 2188 |
not renewed pursuant to section 3314.07 of the Revised Code; | 2189 |
(17) Whether the school is to be created by converting all or | 2190 |
part of an existing public school or educational service center | 2191 |
building or is to be a new start-up school, and if it is a | 2192 |
converted public school or service center building, specification | 2193 |
of any duties or responsibilities of an employer that the board of | 2194 |
education or service center governing board that operated the | 2195 |
school or building before conversion is delegating to the | 2196 |
governing authority of the community school with respect to all | 2197 |
or any specified group of employees provided the delegation is | 2198 |
not prohibited by a collective bargaining agreement applicable to | 2199 |
such employees; | 2200 |
(18) Provisions establishing procedures for resolving | 2201 |
disputes or differences of opinion between the sponsor and the | 2202 |
governing authority of the community school; | 2203 |
(19) A provision requiring the governing authority to adopt a | 2204 |
policy regarding the admission of students who reside outside the | 2205 |
district in which the school is located. That policy shall comply | 2206 |
with the admissions procedures specified in sections 3314.06 and | 2207 |
3314.061 of the Revised Code and, at the sole discretion of the | 2208 |
authority, shall do one of the following: | 2209 |
(a) Prohibit the enrollment of students who reside outside | 2210 |
the district in which the school is located; | 2211 |
(b) Permit the enrollment of students who reside in districts | 2212 |
adjacent to the district in which the school is located; | 2213 |
(c) Permit the enrollment of students who reside in any other | 2214 |
district in the state. | 2215 |
(20) A provision recognizing the authority of the department | 2216 |
of education to take over the sponsorship of the school in | 2217 |
accordance with the provisions of division (C) of section 3314.015 | 2218 |
of the Revised Code; | 2219 |
(21) A provision recognizing the sponsor's authority to | 2220 |
assume the operation of a school under the conditions specified in | 2221 |
division (B) of section 3314.073 of the Revised Code; | 2222 |
(22) A provision recognizing both of the following: | 2223 |
(a) The authority of public health and safety officials to | 2224 |
inspect the facilities of the school and to order the facilities | 2225 |
closed if those officials find that the facilities are not in | 2226 |
compliance with health and safety laws and regulations; | 2227 |
(b) The authority of the department of education as the | 2228 |
community school oversight body to suspend the operation of the | 2229 |
school under section 3314.072 of the Revised Code if the | 2230 |
department has evidence of conditions or violations of law at the | 2231 |
school that pose an imminent danger to the health and safety of | 2232 |
the school's students and employees and the sponsor refuses to | 2233 |
take such action; | 2234 |
(23) A description of the learning opportunities that will be | 2235 |
offered to students including both classroom-based and | 2236 |
non-classroom-based learning opportunities that is in compliance | 2237 |
with criteria for student participation established by the | 2238 |
department under division (L)(2) of section 3314.08 of the Revised | 2239 |
Code; | 2240 |
(24) The school will comply with sections 3302.04 and | 2241 |
3302.041 of the Revised Code, except that any action required to | 2242 |
be taken by a school district pursuant to those sections shall | 2243 |
be taken by the sponsor of the school. However, the sponsor | 2244 |
shall not be required to take any action described in division | 2245 |
(F) of section 3302.04 of the Revised Code. | 2246 |
(25) Beginning in the 2006-2007 school year, the school will | 2247 |
open for operation not later than the thirtieth day of September | 2248 |
each school year, unless the mission of the school as specified | 2249 |
under division (A)(2) of this section is solely to serve dropouts. | 2250 |
In its initial year of operation, if the school fails to open by | 2251 |
the thirtieth day of September, or within one year after the | 2252 |
adoption of the contract pursuant to division (D) of section | 2253 |
3314.02 of the Revised Code if the mission of the school is solely | 2254 |
to serve dropouts, the contract shall be void. | 2255 |
(B) The community school shall also submit to the sponsor a | 2256 |
comprehensive plan for the school. The plan shall specify the | 2257 |
following: | 2258 |
(1) The process by which the governing authority of the | 2259 |
school will be selected in the future; | 2260 |
(2) The management and administration of the school; | 2261 |
(3) If the community school is a currently existing public | 2262 |
school or educational service center building, alternative | 2263 |
arrangements for current public school students who choose not to | 2264 |
attend the converted school and for teachers who choose not to | 2265 |
teach in the school or building after conversion; | 2266 |
(4) The instructional program and educational philosophy of | 2267 |
the school; | 2268 |
(5) Internal financial controls. | 2269 |
(C) A contract entered into under section 3314.02 of the | 2270 |
Revised Code between a sponsor and the governing authority of a | 2271 |
community school may provide for the community school governing | 2272 |
authority to make payments to the sponsor, which is hereby | 2273 |
authorized to receive such payments as set forth in the contract | 2274 |
between the governing authority and the sponsor. The total amount | 2275 |
of such payments for oversight and monitoring of the school shall | 2276 |
not exceed three per cent of the total amount of payments for | 2277 |
operating expenses that the school receives from the state. | 2278 |
(D) The contract shall specify the duties of the sponsor | 2279 |
which shall be in accordance with the written agreement entered | 2280 |
into with the department of education under division (B) of | 2281 |
section 3314.015 of the Revised Code and shall include the | 2282 |
following: | 2283 |
(1) Monitor the community school's compliance with all laws | 2284 |
applicable to the school and with the terms of the contract; | 2285 |
(2) Monitor and evaluate the academic and fiscal performance | 2286 |
and the organization and operation of the community school on at | 2287 |
least an annual basis; | 2288 |
(3) Report on an annual basis the results of the evaluation | 2289 |
conducted under division (D)(2) of this section to the department | 2290 |
of education and to the parents of students enrolled in the | 2291 |
community school; | 2292 |
(4) Provide technical assistance to the community school in | 2293 |
complying with laws applicable to the school and terms of the | 2294 |
contract; | 2295 |
(5) Take steps to intervene in the school's operation to | 2296 |
correct problems in the school's overall performance, declare the | 2297 |
school to be on probationary status pursuant to section 3314.073 | 2298 |
of the Revised Code, suspend the operation of the school pursuant | 2299 |
to section 3314.072 of the Revised Code, or terminate the contract | 2300 |
of the school pursuant to section 3314.07 of the Revised Code as | 2301 |
determined necessary by the sponsor; | 2302 |
(6) Have in place a plan of action to be undertaken in the | 2303 |
event the community school experiences financial difficulties or | 2304 |
closes prior to the end of a school year. | 2305 |
(E) Upon the expiration of a contract entered into under this | 2306 |
section, the sponsor of a community school may, with the approval | 2307 |
of the governing authority of the school, renew that contract for | 2308 |
a period of time determined by the sponsor, but not ending earlier | 2309 |
than the end of any school year, if the sponsor finds that the | 2310 |
school's compliance with applicable laws and terms of the contract | 2311 |
and the school's progress in meeting the academic goals prescribed | 2312 |
in the contract have been satisfactory. Any contract that is | 2313 |
renewed under this division remains subject to the provisions of | 2314 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 2315 |
(F) If a community school fails to open for operation within | 2316 |
one year after the contract entered into under this section is | 2317 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 2318 |
Code or permanently closes prior to the expiration of the | 2319 |
contract, the contract shall be void and the school shall not | 2320 |
enter into a contract with any other sponsor. A school shall not | 2321 |
be considered permanently closed because the operations of the | 2322 |
school have been suspended pursuant to section 3314.072 of the | 2323 |
Revised Code. Any contract that becomes void under this division | 2324 |
shall not count toward any statewide limit on the number of such | 2325 |
contracts prescribed by section 3314.013 of the Revised Code. | 2326 |
Sec. 3314.09. (A) As used in this section and section | 2327 |
3314.091 of the Revised Code, "native student" means a student | 2328 |
entitled to attend school in the school district under section | 2329 |
3313.64 or 3313.65 of the Revised Code. | 2330 |
(B) | 2331 |
2332 | |
village school district | 2333 |
from
school for its district's native students
| 2334 |
2335 |
Sec. 3314.091.
(A) A school district | 2336 |
2337 | |
2338 | |
may enter
into an agreement with | 2339 |
governing authority that designates the community school as | 2340 |
responsible for providing or arranging for the transportation of | 2341 |
the district's native students to and from the community school. | 2342 |
2343 | |
2344 | |
2345 |
| 2346 |
2347 |
| 2348 |
2349 | |
2350 | |
2351 |
| 2352 |
2353 | |
2354 |
| 2355 |
2356 |
(B) | 2357 |
2358 | |
2359 | |
2360 | |
2361 | |
2362 | |
2363 | |
2364 | |
2365 | |
2366 | |
2367 | |
2368 | |
2369 | |
2370 | |
2371 |
| 2372 |
2373 | |
2374 | |
2375 | |
2376 | |
2377 | |
2378 | |
2379 | |
2380 | |
2381 | |
2382 | |
2383 | |
2384 | |
2385 | |
2386 | |
2387 | |
2388 |
| 2389 |
2390 | |
2391 | |
2392 | |
2393 | |
2394 | |
2395 | |
2396 | |
2397 | |
2398 | |
2399 |
| 2400 |
into
an agreement under division (A) of
this
section | 2401 |
2402 | |
provide or arrange transportation free of any charge for each of | 2403 |
its enrolled students who is required to be transported under | 2404 |
section 3327.01 of the Revised Code or who would otherwise be | 2405 |
transported by the school district under the district's | 2406 |
transportation policy. The governing authority shall report to the | 2407 |
department of education the number of students transported or for | 2408 |
whom transportation is arranged under this section in accordance | 2409 |
with rules adopted by the state board of education. | 2410 |
(2) The governing authority may provide or arrange | 2411 |
transportation for any other enrolled student who is not eligible | 2412 |
for transportation in accordance with division | 2413 |
section and may charge a fee for such service up to the actual | 2414 |
cost of the service. | 2415 |
(3) Notwithstanding anything to the contrary in division | 2416 |
2417 | |
authority shall provide or arrange transportation free of any | 2418 |
charge for any disabled student enrolled in the school for whom | 2419 |
the student's individualized education program developed under | 2420 |
Chapter 3323. of the Revised Code specifies transportation. | 2421 |
| 2422 |
governing authority elect to enter into an agreement under | 2423 |
division (A) of this section, the department of education shall | 2424 |
make payments to the community school according to the terms of | 2425 |
the agreement for each student actually transported under | 2426 |
division | 2427 |
| 2428 |
2429 | |
2430 | |
2431 | |
2432 | |
2433 |
| 2434 |
2435 | |
2436 | |
2437 | |
2438 |
| 2439 |
2440 | |
2441 | |
2442 |
| 2443 |
2444 | |
2445 | |
2446 | |
2447 | |
2448 |
| 2449 |
2450 | |
2451 | |
2452 | |
2453 | |
2454 | |
2455 | |
2456 | |
2457 | |
2458 |
| 2459 |
2460 | |
2461 |
(2) The department shall deduct the payment under division | 2462 |
2463 | |
defined in section 3314.08 of the Revised Code, and, if | 2464 |
necessary, the payment under sections 321.14 and 323.156 of the | 2465 |
Revised Code, that is otherwise paid to the school district in | 2466 |
which the student enrolled in the community school is entitled | 2467 |
to attend school. The department shall include the number of the | 2468 |
district's native students for whom payment is made to a | 2469 |
community
school
under division | 2470 |
calculation of the district's transportation payment under | 2471 |
division
| 2472 |
operating appropriations act. | 2473 |
(3) A community school shall be paid under division | 2474 |
2475 | |
specified
in | 2476 |
2477 | |
school is actually provided, who actually utilized | 2478 |
transportation arranged, or for whom a payment in lieu of | 2479 |
transportation is made by the community school's governing | 2480 |
authority. To qualify for the payments, the community school | 2481 |
shall report to the department, in the form and manner required | 2482 |
by the department, data on the number of students transported or | 2483 |
whose transportation is arranged, the number of miles traveled, | 2484 |
cost to transport, and any other information requested by the | 2485 |
department. | 2486 |
(4) A community school shall use payments received under this | 2487 |
section solely to pay the costs of providing or arranging for the | 2488 |
transportation of students who are eligible as specified in | 2489 |
section 3327.01 of the Revised
Code and
division | 2490 |
this section, which may include payments to a parent, guardian, | 2491 |
or other person in charge of a child in lieu of transportation. | 2492 |
| 2493 |
2494 | |
2495 | |
2496 | |
2497 | |
2498 | |
2499 | |
2500 | |
2501 | |
2502 | |
2503 | |
2504 | |
2505 | |
2506 | |
2507 |
Sec. 3315.062. (A) The board of education of any school | 2508 |
district may expend moneys from its general revenue fund for the | 2509 |
operation of such student activity programs included in the | 2510 |
program of each school district as authorized by its board of | 2511 |
education. | 2512 |
2513 |
(B) If more than fifty dollars a year is received through a | 2514 |
student activity program, the moneys from such program | 2515 |
be paid into an activity fund established by the board of | 2516 |
education
of the school district. The board | 2517 |
regulations governing the establishment and maintenance of such | 2518 |
fund, including a system of accounting to separate and verify each | 2519 |
transaction and to show the sources from which the fund revenue is | 2520 |
received, the amount collected from each source, and the amount | 2521 |
expended for each purpose. Expenditures from the fund
| 2522 |
subject to approval of the board. | 2523 |
(C) The board of education of any school district may | 2524 |
purchase accident insurance for pupils participating in school | 2525 |
athletic programs for which the school district is authorized to | 2526 |
expend public money. The board also may, to the extent it | 2527 |
considers necessary, establish a self-insurance plan for the | 2528 |
protection of such pupils against loss or expense resulting from | 2529 |
bodily injury or death by accident, or for the payment of any | 2530 |
deductible under a policy of accident insurance procured pursuant | 2531 |
to this division. | 2532 |
Sec. 3315.09. The boards of education of any city, exempted | 2533 |
village, local, or joint vocational school districts or the | 2534 |
governing boards of educational service centers may enter into | 2535 |
contracts | 2536 |
each board deems expedient, with each other, or with the trustees | 2537 |
or other authorized officials of any college or university, | 2538 |
legally organized, for the purpose of obtaining in such school | 2539 |
district or educational service center instruction in the special, | 2540 |
technical, professional, or other advanced studies which may be | 2541 |
pursued in such college or university beyond the scope of the | 2542 |
public high school. In like manner such boards may contract | 2543 |
2544 | |
corporation or association not for profit, maintaining and | 2545 |
furnishing a museum of art, science, or history, or providing | 2546 |
musical instruction, for the purpose of obtaining in such school | 2547 |
district or educational service center such instruction or other | 2548 |
educational services as can be rendered to the schools by such | 2549 |
private corporation or association. | 2550 |
Sec. 3315.091. The boards of education of any city, exempted | 2551 |
village, local, or joint vocational school districts or the | 2552 |
governing boards of educational service centers may enter into | 2553 |
contracts
| 2554 |
each board deems expedient, with each other, or with a private | 2555 |
driver training school licensed under section 4508.03 of the | 2556 |
Revised Code, for the purpose of providing instruction in driver | 2557 |
education under section 3301.17 of the Revised Code. | 2558 |
Sec. 3316.07. (A) A school district financial planning and | 2559 |
supervision commission has the following powers, duties, and | 2560 |
functions: | 2561 |
(1) To review or to assume responsibility for the development | 2562 |
of all tax budgets, tax levy and bond and note resolutions, | 2563 |
appropriation measures, and certificates of estimated resources of | 2564 |
the school district in order to ensure that such are consistent | 2565 |
with the financial recovery plan and a balanced appropriation | 2566 |
budget for the current fiscal year, and to request and review any | 2567 |
supporting information upon which the financial recovery plan and | 2568 |
balanced appropriation budget may be developed and based, and to | 2569 |
determine whether revenue estimates and estimates of expenditures | 2570 |
and appropriations will result in a balanced budget; | 2571 |
(2) To inspect and secure copies of any document, resolution, | 2572 |
or instrument pertaining to the effective financial accounting and | 2573 |
reporting system, debt obligations, debt limits, financial | 2574 |
recovery plan, balanced appropriation budgets, appropriation | 2575 |
measures, report of audit, statement or invoice, or other | 2576 |
worksheet or record of the school district; | 2577 |
(3) To inspect and secure copies of any document, instrument, | 2578 |
certification, records of proceedings, or other worksheet or | 2579 |
records of the county budget commission, county auditor, or other | 2580 |
official or employee of the school district or of any other | 2581 |
political subdivision or agency of government of the state; | 2582 |
(4) To review, revise, and approve determinations and | 2583 |
certifications affecting the school district made by the county | 2584 |
budget commission or county auditor pursuant to Chapter 5705. of | 2585 |
the Revised Code to ensure that such determinations and | 2586 |
certifications are consistent with the laws of the state; | 2587 |
(5) To bring civil actions, including mandamus, to enforce | 2588 |
this chapter; | 2589 |
(6) After consultation with the officials of the school | 2590 |
district and the auditor of state, to implement or require | 2591 |
implementation of any necessary or appropriate steps to bring the | 2592 |
books of account, accounting systems, and financial procedures and | 2593 |
reports of the school district into compliance with requirements | 2594 |
prescribed by the auditor of state, and to assume responsibility | 2595 |
for achieving such compliance and for making any desirable | 2596 |
modifications and supplementary systems and procedures pertinent | 2597 |
to the school district; | 2598 |
(7) To assist or provide assistance to the school district or | 2599 |
to assume the total responsibility for the structuring or the | 2600 |
terms of, and the placement for sale of, debt obligations of the | 2601 |
school district; | 2602 |
(8) To perform all other powers, duties, and functions as | 2603 |
provided under this chapter; | 2604 |
(9) To make and enter into all contracts and agreements | 2605 |
necessary or incidental to the performance of its duties and the | 2606 |
exercise of its powers under this chapter; | 2607 |
(10) To consult with officials of the school district and | 2608 |
make recommendations or assume the responsibility for implementing | 2609 |
cost reductions and revenue increases to achieve balanced budgets | 2610 |
and carry out the financial recovery plan in accordance with this | 2611 |
chapter; | 2612 |
(11) To make reductions in force to bring the school | 2613 |
district's budget into balance, notwithstanding section 3319.081 | 2614 |
and divisions (A) and (B) of section 3319.17 of the Revised Code, | 2615 |
notwithstanding any provision of a policy adopted under section | 2616 |
3319.171 of the Revised Code, and notwithstanding any provision to | 2617 |
the contrary in section 4117.08 or 4117.10 of the Revised Code or | 2618 |
in any collective bargaining agreement entered into on or after | 2619 |
November 21, 1997. | 2620 |
In making reductions in force, the commission shall first | 2621 |
consider reasonable reductions among the administrative and | 2622 |
2623 | |
due regard to ensuring the district's ability to maintain the | 2624 |
personnel, programs, and services essential to the provision of an | 2625 |
adequate educational program. | 2626 |
| 2627 |
2628 | |
2629 | |
2630 | |
2631 | |
2632 | |
2633 | |
2634 | |
2635 |
| 2636 |
2637 | |
2638 | |
2639 | |
2640 | |
2641 | |
2642 | |
2643 |
(B) During the fiscal emergency period, the commission shall, | 2644 |
in addition to other powers: | 2645 |
(1) With respect to the appropriation measure in effect at | 2646 |
the commencement of the fiscal emergency period of the school | 2647 |
district if that period commenced more than three months prior to | 2648 |
the end of the current fiscal year, and otherwise with respect to | 2649 |
the appropriation measure for the next fiscal year: | 2650 |
(a) Review and determine the adequacy of all revenues to meet | 2651 |
all expenditures for such fiscal year; | 2652 |
(b) Review and determine the extent of any deficiency of | 2653 |
revenues to meet such expenditures; | 2654 |
(c) Require the school district board or superintendent to | 2655 |
provide justification documents to substantiate, to the extent and | 2656 |
in the manner considered necessary, any item of revenue or | 2657 |
appropriation; | 2658 |
(d) Not later than sixty days after taking office or after | 2659 |
receiving the appropriation measure for the next fiscal year, | 2660 |
issue a public report regarding its review pursuant to division | 2661 |
(B)(1) of this section. | 2662 |
(2) Require the school district board, by resolution, to | 2663 |
establish monthly levels of expenditures and encumbrances | 2664 |
consistent with the financial recovery plan and the commission's | 2665 |
review pursuant to divisions (B)(1)(a) and (b) of this section, or | 2666 |
establish such levels itself. If the commission permits the | 2667 |
district board to make expenditures, the commission shall monitor | 2668 |
the monthly levels of expenditures and encumbrances and require | 2669 |
justification documents to substantiate any departure from any | 2670 |
approved level. No district board shall make any expenditure apart | 2671 |
from the approved level without the written approval of the | 2672 |
commission. | 2673 |
(C) In making any determination pursuant to division (B) of | 2674 |
this section, the commission may rely on any information | 2675 |
considered in its judgment reliable or material and shall not be | 2676 |
restricted by any tax budget or certificate or any other document | 2677 |
the school district may have adopted or received from any other | 2678 |
governmental agency. | 2679 |
(D) County, state, and school district officers or employees | 2680 |
shall assist the commission diligently and promptly in the | 2681 |
prosecution of its duties, including the furnishing of any | 2682 |
materials, including justification documents, required. | 2683 |
(E) Annually on or before the first day of April during the | 2684 |
fiscal emergency period, the commission shall make reports and | 2685 |
recommendations to the speaker of the house of representatives and | 2686 |
the president of the senate concerning progress of the school | 2687 |
district to eliminate fiscal emergency conditions, failures of the | 2688 |
school district to comply with this chapter, and recommendations | 2689 |
for further actions to attain the objectives of this chapter, | 2690 |
including any legislative action needed to make provisions of law | 2691 |
more effective for their purposes, or to enhance revenue raising | 2692 |
or financing capabilities of school districts. The commission may | 2693 |
make such interim reports as it considers appropriate for such | 2694 |
purposes and shall make such additional reports as may be | 2695 |
requested by either house of the general assembly. | 2696 |
Sec. 3317.01. As used in this section and section 3317.011 | 2697 |
of the Revised Code, "school district," unless otherwise | 2698 |
specified, means any city, local, exempted village, joint | 2699 |
vocational, or cooperative education school district and any | 2700 |
educational service center. | 2701 |
This chapter shall be administered by the state board of | 2702 |
education. The superintendent of public instruction shall | 2703 |
calculate the amounts payable to each school district and shall | 2704 |
certify the amounts payable to each eligible district to the | 2705 |
treasurer of the district as provided by this chapter. As soon as | 2706 |
possible after such amounts are calculated, the superintendent | 2707 |
shall certify to the treasurer of each school district the | 2708 |
district's adjusted charge-off increase, as defined in section | 2709 |
5705.211 of the Revised Code. No moneys shall be distributed | 2710 |
pursuant to this chapter without the approval of the controlling | 2711 |
board. | 2712 |
The state board of education shall, in accordance with | 2713 |
appropriations made by the general assembly, meet the financial | 2714 |
obligations of this chapter. | 2715 |
Annually, the department of education shall calculate and | 2716 |
report to each school district the district's total state and | 2717 |
local funds for providing an adequate basic education to the | 2718 |
district's nondisabled students, utilizing the determination in | 2719 |
section 3317.012 of the Revised Code. In addition, the department | 2720 |
shall calculate and report separately for each school district | 2721 |
the district's total state and local funds for providing an | 2722 |
adequate education for its students with disabilities, utilizing | 2723 |
the determinations in both sections 3317.012 and 3317.013 of the | 2724 |
Revised Code. | 2725 |
Not later than the thirty-first day of August of each fiscal | 2726 |
year, the department of education shall provide to each school | 2727 |
district and county MR/DD board a preliminary estimate of the | 2728 |
amount of funding that the department calculates the district will | 2729 |
receive under each of divisions (C)(1) and (4) of section 3317.022 | 2730 |
of the Revised Code. No later than the first day of December of | 2731 |
each fiscal year, the department shall update that preliminary | 2732 |
estimate. | 2733 |
Moneys distributed pursuant to this chapter shall be | 2734 |
calculated and paid on a fiscal year basis, beginning with the | 2735 |
first day of July and extending through the thirtieth day of June. | 2736 |
The moneys appropriated for each fiscal year shall be distributed | 2737 |
at least monthly to each school district unless otherwise provided | 2738 |
for. The state board shall submit a yearly distribution plan to | 2739 |
the controlling board at its first meeting in July. The state | 2740 |
board shall submit any proposed midyear revision of the plan to | 2741 |
the controlling board in January. Any year-end revision of the | 2742 |
plan shall be submitted to the controlling board in June. If | 2743 |
moneys appropriated for each fiscal year are distributed other | 2744 |
than monthly, such distribution shall be on the same basis for | 2745 |
each school district. | 2746 |
The total amounts paid each month shall constitute, as nearly | 2747 |
as possible, one-twelfth of the total amount payable for the | 2748 |
entire year. | 2749 |
Until fiscal year 2007, payments made during the first six | 2750 |
months of the fiscal year may be based on an estimate of the | 2751 |
amounts payable for the entire year. Payments made in the last | 2752 |
six months shall be based on the final calculation of the amounts | 2753 |
payable to each school district for that fiscal year. Payments | 2754 |
made in the last six months may be adjusted, if necessary, to | 2755 |
correct the amounts distributed in the first six months, and to | 2756 |
reflect enrollment increases when such are at least three per | 2757 |
cent. | 2758 |
Beginning in fiscal year 2007, payments shall be calculated | 2759 |
to reflect the biannual reporting of average daily membership. In | 2760 |
fiscal year 2007 and in each fiscal year thereafter, annualized | 2761 |
periodic payments for each school district shall be based on the | 2762 |
district's final student counts verified by the superintendent of | 2763 |
public instruction based on reports under section 3317.03 of the | 2764 |
Revised Code, as adjusted, if so ordered, under division (K) of | 2765 |
that section, as follows: | 2766 |
2767 | |
2768 | |
2769 | |
2770 | |
2771 | |
Except as otherwise provided, payments under this chapter | 2772 |
shall be made only to those school districts in which: | 2773 |
(A) The school district, except for any educational service | 2774 |
center and any joint vocational or cooperative education school | 2775 |
district, levies for current operating expenses at least twenty | 2776 |
mills. Levies for joint vocational or cooperative education | 2777 |
school districts or county school financing districts, limited to | 2778 |
or to the extent apportioned to current expenses, shall be | 2779 |
included in this qualification requirement. School district income | 2780 |
tax levies under Chapter 5748. of the Revised Code, limited to or | 2781 |
to the extent apportioned to current operating expenses, shall be | 2782 |
included in this qualification requirement to the extent | 2783 |
determined by the tax commissioner under division (D) of section | 2784 |
3317.021 of the Revised Code. | 2785 |
(B) The school year next preceding the fiscal year for which | 2786 |
such payments are authorized meets the requirement of section | 2787 |
3313.48 or 3313.481 of the Revised Code, with regard to the | 2788 |
minimum number of days or hours school must be open for | 2789 |
instruction with pupils in attendance, for individualized | 2790 |
parent-teacher conference and reporting periods, and for | 2791 |
professional meetings of teachers. This requirement shall be | 2792 |
waived by the superintendent of public instruction if it had been | 2793 |
necessary for a school to be closed because of disease epidemic, | 2794 |
hazardous weather conditions, inoperability of school buses or | 2795 |
other equipment necessary to the school's operation, damage to a | 2796 |
school building, or other temporary circumstances due to utility | 2797 |
failure rendering the school building unfit for school use, | 2798 |
provided that for those school districts operating pursuant to | 2799 |
section 3313.48 of the Revised Code the number of days the school | 2800 |
was actually open for instruction with pupils in attendance and | 2801 |
for individualized parent-teacher conference and reporting periods | 2802 |
is not less than one hundred seventy-five, or for those school | 2803 |
districts operating on a trimester plan the number of days the | 2804 |
school was actually open for instruction with pupils in attendance | 2805 |
not less than seventy-nine days in any trimester, for those school | 2806 |
districts operating on a quarterly plan the number of days the | 2807 |
school was actually open for instruction with pupils in attendance | 2808 |
not less than fifty-nine days in any quarter, or for those school | 2809 |
districts operating on a pentamester plan the number of days the | 2810 |
school was actually open for instruction with pupils in attendance | 2811 |
not less than forty-four days in any pentamester. | 2812 |
A school district shall not be considered to have failed to | 2813 |
comply with this division or section 3313.481 of the Revised Code | 2814 |
because schools were open for instruction but either twelfth grade | 2815 |
students were excused from attendance for up to three days or only | 2816 |
a portion of the kindergarten students were in attendance for up | 2817 |
to three days in order to allow for the gradual orientation to | 2818 |
school of such students. | 2819 |
The superintendent of public instruction shall waive the | 2820 |
requirements of this section with reference to the minimum number | 2821 |
of days or hours school must be in session with pupils in | 2822 |
attendance for the school year succeeding the school year in which | 2823 |
a board of education initiates a plan of operation pursuant to | 2824 |
section 3313.481 of the Revised Code. The minimum requirements of | 2825 |
this section shall again be applicable to such a district | 2826 |
beginning with the school year commencing the second July | 2827 |
succeeding the initiation of one such plan, and for each school | 2828 |
year thereafter. | 2829 |
A school district shall not be considered to have failed to | 2830 |
comply with this division or section 3313.48 or 3313.481 of the | 2831 |
Revised Code because schools were open for instruction but the | 2832 |
length of the regularly scheduled school day, for any number of | 2833 |
days during the school year, was reduced by not more than two | 2834 |
hours due to hazardous weather conditions. | 2835 |
| 2836 |
2837 | |
2838 |
A board of education or governing board of an educational | 2839 |
service center which has not conformed with other law and the | 2840 |
rules pursuant thereto, shall not participate in the distribution | 2841 |
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 2842 |
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 2843 |
and sufficient reason established to the satisfaction of the state | 2844 |
board of education and the state controlling board. | 2845 |
All funds allocated to school districts under this chapter, | 2846 |
except those specifically allocated for other purposes, shall be | 2847 |
used to pay current operating expenses only. | 2848 |
Sec. 3319.01. Except in an island school district, where the | 2849 |
superintendent of an educational service center otherwise may | 2850 |
serve as superintendent of the district and except as otherwise | 2851 |
provided for any cooperative education school district pursuant to | 2852 |
division (B)(2) of section 3311.52 or division (B)(3) of section | 2853 |
3311.521 of the Revised Code, the board of education in each | 2854 |
school district and the governing board of each service center | 2855 |
shall, at a regular or special meeting held not later than the | 2856 |
first day of May of the calendar year in which the term of the | 2857 |
superintendent expires, appoint a person | 2858 |
2859 | |
2860 | |
2861 | |
2862 | |
2863 | |
2864 | |
2865 | |
2866 | |
2867 | |
2868 | |
2869 | |
2870 | |
2871 | |
2872 | |
2873 | |
2874 | |
2875 |
| 2876 |
2877 | |
2878 | |
2879 | |
2880 | |
2881 | |
2882 | |
2883 | |
2884 | |
2885 | |
2886 | |
2887 | |
2888 | |
2889 | |
2890 | |
2891 | |
2892 | |
2893 | |
2894 | |
2895 | |
2896 | |
2897 | |
2898 | |
2899 | |
2900 | |
2901 |
Each board | 2902 |
its
superintendent and | 2903 |
accordance
with those procedures. | 2904 |
2905 | |
2906 | |
evaluation procedure shall not create an expectancy of continued | 2907 |
employment. Nothing in this section shall prevent a board from | 2908 |
making the final determination regarding the renewal or failure | 2909 |
to renew of a superintendent's contract. | 2910 |
| 2911 |
2912 |
A board may establish vacation leave for its superintendent. | 2913 |
Upon the superintendent's separation from employment a board that | 2914 |
has such leave may provide compensation at the superintendent's | 2915 |
current rate of pay for all lawfully accrued and unused vacation | 2916 |
leave to the superintendent's credit at the time of separation, | 2917 |
not to exceed the amount accrued within three years before the | 2918 |
date of separation. In case of the death of a superintendent, such | 2919 |
unused vacation leave as the board would have paid to this | 2920 |
superintendent upon separation shall be paid in accordance with | 2921 |
section 2113.04 of the Revised Code, or to the superintendent's | 2922 |
estate. | 2923 |
Notwithstanding section 9.481 of the Revised Code, the board | 2924 |
of a city, local, exempted village, or joint vocational school | 2925 |
district may require its superintendent, as a condition of | 2926 |
employment, to reside within the boundaries of the district. | 2927 |
The superintendent shall be the executive officer for the | 2928 |
board. Subject to section 3319.40 of the Revised Code, the | 2929 |
superintendent shall direct and assign teachers and other | 2930 |
employees of the district or service center, except as provided in | 2931 |
division (B) of section 3313.31 | 2932 |
Code. The superintendent shall assign the pupils to the proper | 2933 |
schools and grades, provided that the assignment of a pupil to a | 2934 |
school outside of the pupil's district of residence is approved by | 2935 |
the board of the district of residence of such pupil. The | 2936 |
superintendent shall perform such other duties as the board | 2937 |
determines. | 2938 |
The board of education of any school district may contract | 2939 |
with the governing board of the educational service center from | 2940 |
which it otherwise receives services to conduct searches and | 2941 |
recruitment of candidates for the superintendent position | 2942 |
authorized under this section. | 2943 |
Sec. 3319.011. If a board of education determines the | 2944 |
superintendent is incapacitated in such a manner that | 2945 |
superintendent is unable to perform the duties of the office of | 2946 |
superintendent, the board may, by a majority vote of the members | 2947 |
of the board,
appoint a person to serve in | 2948 |
superintendent's place pro
tempore. | 2949 |
2950 | |
2951 | |
2952 | |
incapacitated, | 2953 |
or on leave of absence and may be returned to active duty status | 2954 |
from sick leave or leave of absence. The superintendent may | 2955 |
request a hearing before the board on any action taken under this | 2956 |
section | 2957 |
are granted to a teacher in a board hearing under section 3319.16 | 2958 |
of the Revised Code. The superintendent pro tempore shall perform | 2959 |
all of the duties and functions of the superintendent and shall | 2960 |
serve until the board by majority vote determines the | 2961 |
superintendent's incapacity is removed or until the expiration of | 2962 |
the superintendent's contract or term of office, whichever is | 2963 |
sooner. The superintendent pro tempore may be removed at any time | 2964 |
for
cause by a | 2965 |
board shall fix the compensation of the superintendent pro tempore | 2966 |
2967 |
Sec. 3319.02. (A)(1) As used in this section, "other | 2968 |
administrator" means any of the following: | 2969 |
(a) Except as provided in division (A)(2) of this section, | 2970 |
any employee in a position for which a board of education requires | 2971 |
a license designated by rule of the department of education for | 2972 |
being an administrator issued under section 3319.22 of the Revised | 2973 |
Code, including a professional pupil services employee or | 2974 |
administrative specialist or an equivalent of either one who is | 2975 |
not employed as a school counselor and spends less than fifty per | 2976 |
cent of the time employed teaching or working with students; | 2977 |
(b) Any nonlicensed employee whose job duties would enable | 2978 |
such employee to be considered as either a "supervisor" or a | 2979 |
"management level employee," as defined in section 4117.01 of the | 2980 |
Revised Code; | 2981 |
(c) A business manager appointed under section 3319.03 of the | 2982 |
Revised Code. | 2983 |
(2) As used in this section, "other administrator" does not | 2984 |
include a superintendent, assistant superintendent, principal, or | 2985 |
assistant principal. | 2986 |
(B) The board of education of each school district and the | 2987 |
governing board of an educational service center may appoint one | 2988 |
or more assistant superintendents and such other administrators as | 2989 |
are necessary. An assistant educational service center | 2990 |
superintendent or service center supervisor employed on a | 2991 |
part-time basis may also be employed by a local board as a | 2992 |
teacher. | 2993 |
2994 | |
2995 | |
2996 | |
2997 |
| 2998 |
2999 | |
3000 | |
3001 | |
3002 | |
3003 | |
3004 | |
3005 | |
3006 |
| 3007 |
3008 | |
3009 | |
3010 | |
3011 | |
3012 | |
3013 | |
3014 | |
3015 | |
3016 | |
3017 | |
3018 | |
3019 | |
3020 | |
3021 | |
3022 | |
3023 | |
3024 | |
3025 | |
3026 | |
3027 | |
3028 |
| 3029 |
3030 | |
3031 | |
3032 | |
3033 | |
3034 | |
3035 |
| 3036 |
3037 | |
3038 | |
3039 | |
3040 | |
3041 | |
3042 | |
3043 | |
3044 | |
3045 | |
3046 | |
3047 | |
3048 | |
3049 | |
3050 | |
3051 |
| 3052 |
3053 | |
3054 | |
3055 | |
3056 | |
3057 | |
3058 | |
3059 | |
3060 | |
3061 | |
3062 | |
3063 | |
3064 | |
3065 | |
3066 |
| 3067 |
3068 | |
3069 | |
3070 | |
3071 | |
3072 | |
3073 | |
3074 |
| 3075 |
3076 | |
3077 | |
3078 | |
3079 |
| 3080 |
3081 | |
3082 |
| 3083 |
3084 |
| 3085 |
3086 | |
3087 |
| 3088 |
3089 | |
3090 | |
3091 | |
3092 |
| 3093 |
3094 | |
3095 | |
3096 | |
3097 | |
3098 | |
3099 | |
3100 | |
3101 | |
3102 | |
3103 |
| 3104 |
3105 | |
3106 | |
3107 | |
3108 |
| 3109 |
3110 | |
3111 | |
3112 | |
3113 | |
3114 | |
3115 | |
3116 | |
3117 | |
3118 | |
3119 | |
3120 |
| 3121 |
3122 | |
3123 | |
3124 | |
3125 | |
3126 | |
3127 | |
3128 | |
3129 | |
3130 | |
3131 | |
3132 | |
3133 | |
3134 | |
3135 | |
3136 |
| 3137 |
3138 | |
3139 | |
3140 | |
3141 | |
3142 | |
3143 | |
3144 | |
3145 | |
3146 | |
3147 | |
3148 |
| 3149 |
individuals employed under this section. Upon such an individual's | 3150 |
separation from employment, a board that has such leave may | 3151 |
compensate such an individual at the individual's current rate of | 3152 |
pay for all lawfully accrued and unused vacation leave credited at | 3153 |
the time of separation, not to exceed the amount accrued within | 3154 |
three years before the date of separation. In case of the death of | 3155 |
an individual employed under this section, such unused vacation | 3156 |
leave as the board would have paid to the individual upon | 3157 |
separation under this section shall be paid in accordance with | 3158 |
section 2113.04 of the Revised Code, or to the estate. | 3159 |
| 3160 |
contract with the governing board of the educational service | 3161 |
center from which it otherwise receives services to conduct | 3162 |
searches and recruitment of candidates for assistant | 3163 |
superintendent, principal, assistant principal, and other | 3164 |
administrator positions authorized under this section. | 3165 |
Sec. 3319.03. The board of education of each city, exempted | 3166 |
village, and local school district may create the position of | 3167 |
business manager. | 3168 |
3169 | |
3170 | |
duties, the business manager may be directly responsible to the | 3171 |
board, or to the superintendent of schools, as the board directs | 3172 |
at the time of
appointment
to the position. | 3173 |
3174 | |
3175 | |
3176 |
| 3177 |
3178 | |
3179 | |
3180 | |
3181 |
Sec. 3319.04. The business manager | 3182 |
and custody of all property of the school district, real or | 3183 |
personal, except moneys, supervise the construction of buildings | 3184 |
in the process of erection, and the maintenance, operation, and | 3185 |
repairs thereof, advertise for bids, and purchase and have custody | 3186 |
of all supplies and equipment authorized by the board. The | 3187 |
business manager | 3188 |
appropriation resolution; | 3189 |
subject to confirmation by the board, noneducational employees, | 3190 |
except as provided in division (B) of section 3313.31 of the | 3191 |
Revised Code;
and | 3192 |
necessary in carrying out this section. | 3193 |
Sec. 3319.05. The business manager shall receive such | 3194 |
compensation as is
fixed by the board of education before | 3195 |
election | 3196 |
3197 | |
board for the faithful discharge of | 3198 |
Sec. 3319.06. | 3199 |
exempted village, or local school district may create the position | 3200 |
of internal auditor. Any person employed by the board as an | 3201 |
internal auditor shall hold a valid permit issued under section | 3202 |
4701.10 of the Revised Code to practice as a certified public | 3203 |
accountant or a public accountant. | 3204 |
| 3205 |
3206 | |
3207 | |
3208 | |
3209 | |
3210 | |
3211 | |
3212 | |
3213 | |
3214 | |
3215 | |
3216 | |
3217 |
| 3218 |
3219 | |
3220 | |
3221 | |
3222 | |
3223 | |
3224 | |
3225 | |
3226 | |
3227 | |
3228 |
| 3229 |
3230 | |
3231 | |
3232 | |
3233 | |
3234 | |
3235 | |
3236 | |
3237 | |
3238 |
Sec. 3319.07. (A) The board of education of each city, | 3239 |
exempted village, local, and joint vocational school district | 3240 |
3241 | |
respective districts. | 3242 |
The governing board of each educational service center may | 3243 |
employ special instruction teachers, special education teachers, | 3244 |
and teachers of academic courses in which there are too few | 3245 |
students in each of the constituent local school districts or in | 3246 |
city or exempted village school districts entering into agreements | 3247 |
pursuant to section 3313.843 of the Revised Code to warrant each | 3248 |
district's employing teachers for those courses. | 3249 |
| 3250 |
3251 | |
3252 | |
3253 | |
3254 | |
3255 | |
3256 |
(B) The board of education of any school district may | 3257 |
contract with the governing board of the educational service | 3258 |
center from which it otherwise receives services to conduct | 3259 |
searches and recruitment of candidates for teacher positions. | 3260 |
Sec. 3319.071. The board of education of any school district | 3261 |
may, by resolution, establish a professional development program | 3262 |
for teachers in accordance with which it may reimburse teachers | 3263 |
employed by the district for all or any part of the cost incurred | 3264 |
by the teacher in the successful completion of a course or | 3265 |
training program in which the teacher enrolled as part of the | 3266 |
development program. The terms and conditions for participation | 3267 |
shall be determined by the board and shall be included in the | 3268 |
resolution establishing the program. | 3269 |
| 3270 |
3271 | |
3272 | |
3273 | |
3274 | |
3275 |
| 3276 |
3277 |
Sec. 3319.073. The board of education of each city and | 3278 |
exempted village school district and the governing board of each | 3279 |
educational service center | 3280 |
public or private agencies or persons involved in child abuse | 3281 |
prevention or intervention programs, a program of in-service | 3282 |
training for persons employed by any school district or service | 3283 |
center to work in an elementary school as a nurse, teacher, | 3284 |
counselor,
school psychologist, or administrator. | 3285 |
3286 | |
3287 | |
3288 | |
3289 | |
3290 | |
3291 | |
3292 | |
3293 | |
3294 | |
3295 | |
3296 | |
3297 | |
3298 |
Sec. 3319.075. Once the state board of education adopts | 3299 |
professional development standards pursuant to section 3319.61 of | 3300 |
the Revised Code, the board of education of each school district | 3301 |
3302 |
(A) To guide the design of teacher education programs serving | 3303 |
both teacher candidates and experienced teachers; | 3304 |
(B) To guide school-based professional development that is | 3305 |
aligned with student achievement; | 3306 |
(C) To determine what types of professional development the | 3307 |
school district and the schools within the district should | 3308 |
provide; | 3309 |
(D) To guide how state and federal funding for professional | 3310 |
development should be spent; | 3311 |
(E) To develop criteria for decision making by the local | 3312 |
professional development committees established under section | 3313 |
3319.22 of the Revised Code; | 3314 |
(F) To guide the school district in the hiring of third-party | 3315 |
providers of instructional services who use or meet the | 3316 |
professional development standards; | 3317 |
(G) To guide all licensed school personnel in developing | 3318 |
their own plans for professional growth. | 3319 |
Sec. 3319.08. The board of education of each city, exempted | 3320 |
village, local, and joint vocational school district and the | 3321 |
governing board of each educational service center | 3322 |
into written contracts for the employment and reemployment of all | 3323 |
teachers. The board of each such school district or service center | 3324 |
that authorizes compensation | 3325 |
3326 | |
a teacher that are in addition to the teacher's regular teaching | 3327 |
duties, | 3328 |
each teacher who is to perform
additional duties. | 3329 |
3330 | |
written contracts and supplemental
written contracts | 3331 |
forth the teacher's duties and | 3332 |
compensation to be paid for regular teaching duties and additional | 3333 |
teaching duties, respectively, either or both of which may be | 3334 |
increased | 3335 |
contract is made | 3336 |
3337 |
| 3338 |
3339 | |
3340 | |
3341 |
Teachers | 3342 |
in which they are employed are closed due to an epidemic or other | 3343 |
public calamity, and for time lost due to illness or otherwise
| 3344 |
3345 | |
which each board | 3346 |
| 3347 |
3348 |
| 3349 |
| 3350 |
3351 |
| 3352 |
3353 | |
3354 |
| 3355 |
3356 |
| 3357 |
3358 | |
3359 | |
3360 | |
3361 |
| 3362 |
3363 |
| 3364 |
3365 |
| 3366 |
3367 | |
3368 | |
3369 | |
3370 | |
3371 |
| 3372 |
3373 | |
3374 | |
3375 | |
3376 | |
3377 |
| 3378 |
3379 |
After the effective date of this amendment, the board of | 3380 |
education of a school district or the governing board of an | 3381 |
educational service center is not required to enter into a | 3382 |
contract with any teacher that is valid until the teacher resigns; | 3383 |
however, a board shall honor any such contract that the board | 3384 |
entered into prior to that date. | 3385 |
Sec. 3319.081. Except as otherwise provided in division | 3386 |
3387 | |
3388 | |
following employment contract system shall control for employees | 3389 |
whose contracts of employment are not otherwise provided by law: | 3390 |
(A) Newly hired regular nonteaching school employees, | 3391 |
including regular hourly rate and per diem employees, | 3392 |
enter
into written contracts for their employment | 3393 |
3394 | |
3395 | |
3396 |
(B) | 3397 |
3398 | |
3399 | |
3400 | |
3401 | |
3402 | |
3403 |
| 3404 |
terminated by a majority vote of the board of education. | 3405 |
3406 | |
3407 | |
3408 | |
3409 | |
3410 | |
3411 | |
3412 | |
3413 | |
3414 | |
3415 | |
3416 | |
3417 | |
3418 | |
3419 | |
3420 | |
3421 | |
3422 | |
3423 |
A violation of division (A)(7) of section 2907.03 of the | 3424 |
Revised Code is grounds for termination of employment of a | 3425 |
nonteaching employee under this division. | 3426 |
| 3427 |
3428 | |
3429 | |
3430 | |
3431 |
| 3432 |
nonteaching school employee's contract of employment thirty days | 3433 |
subsequent to the filing of a written notice of such termination | 3434 |
with the treasurer of the board. | 3435 |
| 3436 |
replacing a nonteaching school employee while such employee is on | 3437 |
leave of absence granted under section 3319.13 of the Revised Code | 3438 |
is not a regular nonteaching school employee under this section. | 3439 |
| 3440 |
3441 | |
3442 | |
closed owing to an epidemic or other public calamity. Nothing in | 3443 |
this division shall be construed as requiring payment in excess of | 3444 |
an employee's regular wage rate or salary for any time worked | 3445 |
while the school in which the employee is employed is officially | 3446 |
closed for the reasons set forth in this division. | 3447 |
Sec. 3319.088. As used in this section, "educational | 3448 |
assistant" means any nonteaching employee in a school district who | 3449 |
directly assists a teacher as defined in section 3319.09 of the | 3450 |
Revised Code, by performing duties for which a license issued | 3451 |
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not | 3452 |
required. | 3453 |
(A) The state board of education shall issue educational aide | 3454 |
permits and educational paraprofessional licenses for educational | 3455 |
assistants and shall adopt rules for the issuance and renewal of | 3456 |
such permits and licenses which shall be consistent with the | 3457 |
provisions of this section. Educational aide permits and | 3458 |
educational paraprofessional licenses may be of several types and | 3459 |
the rules shall prescribe the minimum qualifications of education, | 3460 |
health, and character for the service to be authorized under each | 3461 |
type. The prescribed minimum qualifications may require special | 3462 |
training or educational courses designed to qualify a person to | 3463 |
perform effectively the duties authorized under an educational | 3464 |
aide permit or educational paraprofessional license. | 3465 |
(B)(1) Any application for a permit or license, or a renewal | 3466 |
or duplicate of a permit or license, under this section shall be | 3467 |
accompanied by the payment of a fee in the amount established | 3468 |
under division (A) of section 3319.51 of the Revised Code. Any | 3469 |
fees received under this division shall be paid into the state | 3470 |
treasury to the credit of the state board of education licensure | 3471 |
fund established under division (B) of section 3319.51 of the | 3472 |
Revised Code. | 3473 |
(2) Any person applying for or holding a permit or license | 3474 |
pursuant to this section is subject to sections 3123.41 to 3123.50 | 3475 |
of the Revised Code and any applicable rules adopted under section | 3476 |
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of | 3477 |
the Revised Code. | 3478 |
(C) Educational assistants shall at all times while in the | 3479 |
performance of their duties be under the supervision and direction | 3480 |
of a teacher | 3481 |
Educational assistants may assist a teacher to whom assigned in | 3482 |
the supervision of pupils, in assisting with instructional tasks, | 3483 |
and in the performance of duties which, in the judgment of the | 3484 |
teacher to whom the assistant is assigned, may be performed by a | 3485 |
person not licensed pursuant to sections 3319.22 to 3319.30 of the | 3486 |
Revised Code and for which a teaching license, issued pursuant to | 3487 |
sections 3319.22 to 3319.30 of the Revised Code is not required. | 3488 |
The duties of an educational assistant shall not include the | 3489 |
assignment of grades to pupils. The duties of an educational | 3490 |
3491 | |
presence of the teacher to whom assigned, but the activity of an | 3492 |
educational assistant shall at all times be under the direction of | 3493 |
the teacher to whom assigned. The assignment of an educational | 3494 |
assistant need not be limited to assisting a single teacher. In | 3495 |
the event an educational assistant is assigned to assist more than | 3496 |
one teacher the assignments shall be clearly delineated and so | 3497 |
arranged that the educational assistant shall never be subject to | 3498 |
simultaneous supervision or direction by more than one teacher. | 3499 |
Educational assistants assigned to supervise children shall, | 3500 |
when the teacher to whom assigned is not physically present, | 3501 |
maintain the degree of control and discipline which would be | 3502 |
maintained by the teacher, but an educational assistant may not | 3503 |
render corporal punishment. | 3504 |
| 3505 |
3506 | |
3507 | |
3508 | |
3509 | |
3510 | |
3511 | |
3512 | |
3513 | |
3514 | |
3515 | |
3516 | |
3517 | |
employees for purposes of state support in the school foundation | 3518 |
program and no grouping or regrouping of pupils with educational | 3519 |
assistants may be counted as a class or unit for school foundation | 3520 |
program purposes. Neither special courses required by the | 3521 |
regulations of the state board of education, prescribing minimum | 3522 |
qualifications of education for an educational assistant, nor | 3523 |
years of service as an educational assistant shall be counted in | 3524 |
any way toward qualifying for a teacher license, for a teacher | 3525 |
contract of any type, or for determining placement on a salary | 3526 |
schedule in a school district as a teacher. | 3527 |
(D) | 3528 |
3529 | |
3530 | |
3531 | |
3532 | |
3533 | |
3534 | |
3535 |
| 3536 |
3537 | |
3538 | |
3539 | |
3540 | |
3541 | |
3542 | |
3543 | |
3544 | |
3545 | |
3546 |
| 3547 |
3548 | |
3549 | |
3550 | |
3551 | |
3552 | |
3553 | |
3554 | |
3555 | |
3556 | |
3557 |
| 3558 |
3559 | |
3560 | |
3561 | |
3562 | |
3563 | |
3564 | |
3565 |
| 3566 |
educational assistant shall divulge, except to the teacher to whom | 3567 |
assigned, or the administrator of the school in the absence of the | 3568 |
teacher to whom assigned, or when required to testify in a court | 3569 |
or proceedings, any personal information concerning any pupil in | 3570 |
the school district which was obtained or obtainable by the | 3571 |
educational assistant while so employed. Violation of this | 3572 |
provision is grounds for disciplinary action or dismissal, or | 3573 |
both. | 3574 |
Sec. 3319.10. Teachers may be employed as substitute | 3575 |
teachers | 3576 |
services are needed to take the place of regular teachers absent | 3577 |
on account of illness or on leaves of absence or to fill | 3578 |
temporarily positions created by emergencies; such assignment to | 3579 |
be subject to termination when such services no longer are needed. | 3580 |
A teacher employed as a substitute with an assignment to one | 3581 |
specific
teaching position | 3582 |
be granted sick leave, visiting days, and other local privileges | 3583 |
granted to regular teachers including a salary not less than the | 3584 |
minimum salary on the current adopted salary schedule. | 3585 |
A teacher employed as a substitute for one hundred twenty | 3586 |
days or more during a school year and re-employed for or assigned | 3587 |
to a specific teaching position
for the succeeding year | 3588 |
receive a contract as a regular teacher if the substitute meets | 3589 |
the local educational requirements for the employment of regular | 3590 |
teachers. | 3591 |
| 3592 |
3593 | |
3594 | |
Boards of education may grant | 3595 |
a casual or day-to-day basis sick leave and other local privileges | 3596 |
and cumulate | 3597 |
| 3598 |
3599 | |
3600 | |
3601 | |
3602 | |
3603 |
Sec. 3319.151. (A) No person shall reveal to any student any | 3604 |
specific question that the person knows is part of a test to be | 3605 |
administered under section 3301.0711 of the Revised Code or in any | 3606 |
other way assist a pupil to cheat on such a test. | 3607 |
(B) On a finding by the state board of education, after | 3608 |
investigation, that a school employee who holds a license issued | 3609 |
under sections 3319.22 to 3319.31 of the Revised Code has violated | 3610 |
division (A) of this section, the license of such teacher shall be | 3611 |
suspended for one year. Prior to commencing an investigation, the | 3612 |
board shall give the teacher notice of the allegation and an | 3613 |
opportunity to respond and present a defense. | 3614 |
(C)(1) Violation of division (A) of this section is grounds | 3615 |
for termination of employment of a nonteaching employee under | 3616 |
3617 | |
Code. | 3618 |
(2) Violation of division (A) of this section is grounds for | 3619 |
termination of a teacher contract under section 3319.16 of the | 3620 |
Revised Code. | 3621 |
Sec. 3326.11. Each science, technology, engineering, and | 3622 |
mathematics school established under this chapter and its | 3623 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 3624 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 3625 |
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, | 3626 |
3313.18, 3313.201, 3313.26, | 3627 |
3313.50,
3313.536, | 3628 |
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
| 3629 |
3630 | |
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 3631 |
3313.718,
| 3632 |
3319.321, 3319.35, 3319.39, 3319.391, 3319.45, 3321.01, 3321.13, | 3633 |
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, | 3634 |
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744., | 3635 |
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of | 3636 |
the Revised Code as if it were a school district. | 3637 |
Sec. 3326.20. (A) As used in this section, "native student" | 3638 |
means a student entitled to attend school in the school district | 3639 |
under section 3313.64 or 3313.65 of the Revised Code. | 3640 |
(B) Unless the proposal for the establishment of a science, | 3641 |
technology, engineering, and mathematics school, as it was | 3642 |
approved by the STEM subcommittee of the partnership for | 3643 |
continued learning under section 3326.03 of the Revised Code, | 3644 |
otherwise provides for the transportation of students to and from | 3645 |
the STEM school, the board of education of each city, local, and | 3646 |
exempted village school district | 3647 |
to and from school for its district's native students enrolled | 3648 |
in
the STEM school | 3649 |
3650 | |
3651 |
Sec. 3326.21. (A) Each science, technology, engineering, and | 3652 |
mathematics school shall have a treasurer who is licensed under | 3653 |
section 3301.074 of the Revised Code. The governing body of the | 3654 |
school and the treasurer shall comply with sections 3301.072, | 3655 |
3313.22 to 3313.32, | 3656 |
the same manner as a school district board of education and a | 3657 |
district treasurer. | 3658 |
(B) Financial records of each STEM school shall be maintained | 3659 |
in the same manner as are financial records of school districts, | 3660 |
pursuant to rules of the auditor of state. | 3661 |
Sec. 3326.51. (A) As used in this section: | 3662 |
(1) "Resident district" has the same meaning as in section | 3663 |
3326.31 of the Revised Code. | 3664 |
(2) "STEM school sponsoring district" means a municipal, | 3665 |
city, local, exempted village, or joint vocational school district | 3666 |
that governs and controls a STEM school pursuant to this section. | 3667 |
(B) Notwithstanding any other provision of this chapter to | 3668 |
the contrary: | 3669 |
(1) If a proposal for a STEM school submitted under section | 3670 |
3326.03 of the Revised Code proposes that the governing body of | 3671 |
the school be the board of education of a municipal, city, local, | 3672 |
exempted village, or joint vocational school district that is one | 3673 |
of the partners submitting the proposal, and the partnership for | 3674 |
continued learning approves that proposal, that school district | 3675 |
board shall govern and control the STEM school as one of the | 3676 |
schools of its district. | 3677 |
(2) The STEM school sponsoring district shall maintain a | 3678 |
separate accounting for the STEM school as a separate and distinct | 3679 |
operational unit within the district's finances. The auditor of | 3680 |
state, in the course of an annual or biennial audit of the school | 3681 |
district serving as the STEM school sponsoring district, shall | 3682 |
audit that school district for compliance with the financing | 3683 |
requirements of this section. | 3684 |
(3) With respect to students enrolled in a STEM school whose | 3685 |
resident district is the STEM school sponsoring district: | 3686 |
(a) The department of education shall make no deductions | 3687 |
under section 3326.33 of the Revised Code from the STEM school | 3688 |
sponsoring district's state payments. | 3689 |
(b) The STEM school sponsoring district shall ensure that it | 3690 |
allocates to the STEM school funds equal to or exceeding the | 3691 |
amount that would be calculated pursuant to division (B) of | 3692 |
section 3313.981 of the Revised Code for the students attending | 3693 |
the school whose resident district is the STEM school sponsoring | 3694 |
district. | 3695 |
(c) The STEM school sponsoring district is responsible for | 3696 |
providing children with disabilities with a free appropriate | 3697 |
public education under Chapter 3323. of the Revised Code. | 3698 |
(d) The STEM school sponsoring district shall provide student | 3699 |
transportation in accordance with laws and policies generally | 3700 |
applicable to the district. | 3701 |
(4) With respect to students enrolled in the STEM school | 3702 |
whose resident district is another school district, the department | 3703 |
shall make no payments or deductions under sections 3326.31 to | 3704 |
3326.49 of the Revised Code. Instead, the students shall be | 3705 |
considered as open enrollment students and the department shall | 3706 |
make payments and deductions in accordance with section 3313.981 | 3707 |
of the Revised Code. The STEM school sponsoring district shall | 3708 |
allocate the payments to the STEM school. The STEM school | 3709 |
sponsoring district may enter into financial agreements with the | 3710 |
students' resident districts, which agreements may provide | 3711 |
financial support in addition to the funds received from the open | 3712 |
enrollment calculation. The STEM school sponsoring district shall | 3713 |
allocate all such additional funds to the STEM school. | 3714 |
(5) Where the department is required to make, deny, reduce, | 3715 |
or adjust payments to a STEM school sponsoring district pursuant | 3716 |
to this section, it shall do so in such a manner that the STEM | 3717 |
school sponsoring district may allocate that action to the STEM | 3718 |
school. | 3719 |
(6) A STEM school sponsoring district and its board may | 3720 |
assign its district employees to the STEM school | 3721 |
3722 | |
and board may apply any other resources of the district to the | 3723 |
STEM school in the same manner that it applies district resources | 3724 |
to other district schools. | 3725 |
(7) Provisions of this chapter requiring a STEM school and | 3726 |
its governing body to comply with specified laws as if it were a | 3727 |
school district and in the same manner as a board of education | 3728 |
shall instead require such compliance by the STEM school | 3729 |
sponsoring district and its board of education, respectively, with | 3730 |
respect to the STEM school. Where a STEM school or its governing | 3731 |
body is required to perform a specific duty or permitted to take a | 3732 |
specific action under this chapter, that duty is required to be | 3733 |
performed or that action is permitted to be taken by the STEM | 3734 |
school sponsoring district or its board of education, | 3735 |
respectively, with respect to the STEM school. | 3736 |
(8) No provision of this chapter limits the authority, as | 3737 |
provided otherwise by law, of a school district and its board of | 3738 |
education to levy taxes and issue bonds secured by tax revenues. | 3739 |
(9) The treasurer of the STEM school sponsoring district or, | 3740 |
if the STEM school sponsoring district is a municipal school | 3741 |
district, the chief financial officer of the district, shall have | 3742 |
all of the respective rights, authority, exemptions, and duties | 3743 |
otherwise conferred upon the treasurer or chief financial officer | 3744 |
by the Revised Code. | 3745 |
Sec. 3327.01. Notwithstanding division (D) of section | 3746 |
3311.19 and division (D) of section 3311.52 of the Revised Code, | 3747 |
this section and sections | 3748 |
Revised Code do not apply to any joint vocational or cooperative | 3749 |
education school district. | 3750 |
| 3751 |
3752 | |
3753 | |
3754 | |
3755 | |
3756 | |
3757 | |
3758 | |
3759 | |
3760 |
| 3761 |
3762 | |
3763 | |
3764 | |
3765 | |
3766 | |
3767 | |
3768 | |
3769 | |
3770 |
| 3771 |
3772 | |
resident school pupils
in any and all
grades | 3773 |
to and from the | 3774 |
board of education of the district of residence or to and from the | 3775 |
nonpublic or community
| 3776 |
the state board of education prescribes minimum standards | 3777 |
pursuant to division (D) of section 3301.07 of the Revised Code. | 3778 |
| 3779 |
3780 | |
3781 | |
3782 | |
3783 | |
3784 | |
3785 |
| 3786 |
3787 | |
3788 | |
3789 |
In all city, local, and exempted village school districts the | 3790 |
board shall provide transportation for all children who are so | 3791 |
disabled that they are unable to walk to and from the school for | 3792 |
which the state board of education prescribes minimum standards | 3793 |
pursuant to division (D) of section 3301.07 of the Revised Code | 3794 |
and which they attend. In case of dispute whether the child is | 3795 |
able to walk to and from the school, the health commissioner shall | 3796 |
be the judge of such ability. In all city, exempted village, and | 3797 |
local school districts the board shall provide transportation to | 3798 |
and from school or special education classes for educable mentally | 3799 |
retarded children in accordance with standards adopted by the | 3800 |
state board of education. | 3801 |
| 3802 |
3803 | |
3804 | |
3805 |
In all city, local, and exempted village school districts | 3806 |
where pupil transportation is required under a career-technical | 3807 |
plan approved by the state board of education under section | 3808 |
3313.90 of the Revised Code, for any student attending a | 3809 |
career-technical program operated by another school district, | 3810 |
including a joint vocational school district, as prescribed under | 3811 |
that section, the board of education of the student's district of | 3812 |
residence shall provide transportation from the public high school | 3813 |
operated by that district to which the student is assigned to the | 3814 |
career-technical program. | 3815 |
The cost of any transportation service authorized by this | 3816 |
section shall be paid first out of federal funds, if any, | 3817 |
available for the purpose of pupil transportation, and secondly | 3818 |
out of state appropriations, in accordance with regulations | 3819 |
adopted by the state board of education. | 3820 |
No transportation of any pupils shall be provided by any | 3821 |
board of education to or from any school which in the selection of | 3822 |
pupils, faculty members, or employees, practices discrimination | 3823 |
against any person on the grounds of race, color, religion, or | 3824 |
national origin. | 3825 |
Sec. 3327.03. Notwithstanding division (D) of section | 3826 |
3311.19 and division (D) of section 3311.52 of the Revised Code, | 3827 |
this section does not apply to any joint vocational or cooperative | 3828 |
education school district. | 3829 |
The boards of education of city, local, or exempted village | 3830 |
school districts may by resolution designate certain places as | 3831 |
depots from which to gather children for transportation to school, | 3832 |
when such districts provide
transportation. | 3833 |
3834 | |
3835 |
Sec. 3327.09. The board of education of each school district | 3836 |
3837 | |
school bus, motor van, or other vehicle used in the transportation | 3838 |
of school children motor vehicle liability insurance for injuries | 3839 |
to persons and property. | 3840 |
3841 | |
3842 | |
3843 | |
3844 | |
3845 | |
3846 | |
3847 | |
3848 | |
of education may procure uninsured motorists insurance. | 3849 |
The board of education of each school district may procure | 3850 |
accident insurance covering all pupils and other authorized | 3851 |
passengers transported under the authority of such board. | 3852 |
Such accident insurance | 3853 |
or death to any pupil or other authorized passenger caused by any | 3854 |
accident arising out of or in connection with the operation of | 3855 |
such school bus, motor van, or other vehicle used in the | 3856 |
transportation of school children or other authorized passengers, | 3857 |
in such amounts and upon such terms as may be agreed upon by the | 3858 |
board and the insurance company. | 3859 |
3860 | |
3861 |
Sec. 3327.10. (A) No person shall be employed as driver of a | 3862 |
school bus or motor van, owned and operated by any school district | 3863 |
or educational service center or privately owned and operated | 3864 |
under contract with any school district or service center in this | 3865 |
state, who has not received a certificate from the educational | 3866 |
service center governing board in case such person is employed by | 3867 |
a service center or by a local school district under the | 3868 |
supervision of the service center governing board, or by the | 3869 |
superintendent of schools, in case such person is employed by the | 3870 |
board of a city or exempted village school district, certifying | 3871 |
that such person is at least eighteen years of age and is of good | 3872 |
moral character and is qualified physically and otherwise for such | 3873 |
position. The service center governing board or the | 3874 |
superintendent, as the case may be, shall provide for an annual | 3875 |
physical examination that conforms with rules adopted by the state | 3876 |
board of education of each driver to ascertain the driver's | 3877 |
physical fitness for such employment. Any certificate may be | 3878 |
revoked by the authority granting the same on proof that the | 3879 |
holder has been guilty of failing to comply with division (D)(1) | 3880 |
of this section, or upon a conviction or a guilty plea for a | 3881 |
violation, or any other action, that results in a loss or | 3882 |
suspension of driving rights. Failure to comply with such division | 3883 |
may be cause for disciplinary action or termination of employment | 3884 |
under | 3885 |
Revised Code. | 3886 |
(B) No person shall be employed as driver of a school bus or | 3887 |
motor van not subject to the rules of the department of education | 3888 |
pursuant to division (A) of this section who has not received a | 3889 |
certificate from the school administrator or contractor certifying | 3890 |
that such person is at least eighteen years of age, is of good | 3891 |
moral character, and is qualified physically and otherwise for | 3892 |
such position. Each driver shall have an annual physical | 3893 |
examination which conforms to the state highway patrol rules, | 3894 |
ascertaining the driver's physical fitness for such employment. | 3895 |
The examination shall be performed by one of the following: | 3896 |
(1) A person licensed under Chapter 4731. of the Revised Code | 3897 |
or by another state to practice medicine and surgery or | 3898 |
osteopathic medicine and surgery; | 3899 |
(2) A physician assistant; | 3900 |
(3) A certified nurse practitioner; | 3901 |
(4) A clinical nurse specialist; | 3902 |
(5) A certified nurse-midwife. | 3903 |
Any written documentation of the physical examination shall | 3904 |
be completed by the individual who performed the examination. | 3905 |
Any certificate may be revoked by the authority granting the | 3906 |
same on proof that the holder has been guilty of failing to comply | 3907 |
with division (D)(2) of this section. | 3908 |
(C) Any person who drives a school bus or motor van must give | 3909 |
satisfactory and sufficient bond except a driver who is an | 3910 |
employee of a school district and who drives a bus or motor van | 3911 |
owned by the school district. | 3912 |
(D) No person employed as driver of a school bus or motor van | 3913 |
under this section who is convicted of a traffic violation or who | 3914 |
has had the person's commercial driver's license suspended shall | 3915 |
drive a school bus or motor van until the person has filed a | 3916 |
written notice of the conviction or suspension, as follows: | 3917 |
(1) If the person is employed under division (A) of this | 3918 |
section, the person shall file the notice with the superintendent, | 3919 |
or a person designated by the superintendent, of the school | 3920 |
district for which the person drives a school bus or motor van as | 3921 |
an employee or drives a privately owned and operated school bus or | 3922 |
motor van under contract. | 3923 |
(2) If employed under division (B) of this section, the | 3924 |
person shall file the notice with the employing school | 3925 |
administrator or contractor, or a person designated by the | 3926 |
administrator or contractor. | 3927 |
(E) In addition to resulting in possible revocation of a | 3928 |
certificate as authorized by divisions (A) and (B) of this | 3929 |
section, violation of division (D) of this section is a minor | 3930 |
misdemeanor. | 3931 |
(F)(1) Not later than thirty days after June 30, 2007, each | 3932 |
owner of a school bus or motor van shall obtain the complete | 3933 |
driving record for each person who is currently employed or | 3934 |
otherwise authorized to drive the school bus or motor van. An | 3935 |
owner of a school bus or motor van shall not permit a person to | 3936 |
operate the school bus or motor van for the first time before the | 3937 |
owner has obtained the person's complete driving record. | 3938 |
Thereafter, the owner of a school bus or motor van shall obtain | 3939 |
the person's driving record not less frequently than semiannually | 3940 |
if the person remains employed or otherwise authorized to drive | 3941 |
the school bus or motor van. An owner of a school bus or motor | 3942 |
van shall not permit a person to resume operating a school bus or | 3943 |
motor van, after an interruption of one year or longer, before the | 3944 |
owner has obtained the person's complete driving record. | 3945 |
(2) The owner of a school bus or motor van shall not permit a | 3946 |
person to operate the school bus or motor van for six years after | 3947 |
the date on which the person pleads guilty to or is convicted of | 3948 |
a violation of section 4511.19 of the Revised Code or a | 3949 |
substantially equivalent municipal ordinance. | 3950 |
(3) An owner of a school bus or motor van shall not permit | 3951 |
any person to operate such a vehicle unless the person meets all | 3952 |
other requirements contained in rules adopted by the state board | 3953 |
of education prescribing qualifications of drivers of school | 3954 |
buses and other student transportation. | 3955 |
(G) No superintendent of a school district, educational | 3956 |
service center, community school, or public or private employer | 3957 |
shall permit the operation of a vehicle used for pupil | 3958 |
transportation within this state by an individual unless both of | 3959 |
the following apply: | 3960 |
(1) Information pertaining to that driver has been submitted | 3961 |
to the department of education, pursuant to procedures adopted by | 3962 |
that department. Information to be reported shall include the name | 3963 |
of the employer or school district, name of the driver, driver | 3964 |
license number, date of birth, date of hire, status of physical | 3965 |
evaluation, and status of training. | 3966 |
(2) The most recent criminal records check required by | 3967 |
division (J) of this section, including information from the | 3968 |
federal bureau of investigation, has been completed and received | 3969 |
by the superintendent or public or private employer. | 3970 |
(H) A person, school district, educational service center, | 3971 |
community school, nonpublic school, or other public or nonpublic | 3972 |
entity that owns a school bus or motor van, or that contracts with | 3973 |
another entity to operate a school bus or motor van, may impose | 3974 |
more stringent restrictions on drivers than those prescribed in | 3975 |
this section, in any other section of the Revised Code, and in | 3976 |
rules adopted by the state board. | 3977 |
(I) For qualified drivers who, on July 1, 2007, are employed | 3978 |
by the owner of a school bus or motor van to drive the school | 3979 |
bus or motor van, any instance in which the driver was convicted | 3980 |
of or pleaded guilty to a violation of section 4511.19 of the | 3981 |
Revised Code or a substantially equivalent municipal ordinance | 3982 |
prior to two years prior to July 1, 2007, shall not be | 3983 |
considered a disqualifying event with respect to division (F) of | 3984 |
this section. | 3985 |
(J)(1) This division applies to persons hired by a school | 3986 |
district, educational service center, community school, chartered | 3987 |
nonpublic school, or science, technology, engineering, and | 3988 |
mathematics school established under Chapter 3326. of the Revised | 3989 |
Code to operate a vehicle used for pupil transportation. | 3990 |
For each person to whom this division applies who is hired on | 3991 |
or after November 14, 2007, the employer shall request a | 3992 |
criminal records check in accordance with section 3319.39 of the | 3993 |
Revised Code and every six years thereafter. For each person to | 3994 |
whom this division applies who is hired prior to that date, the | 3995 |
employer shall request a criminal records check by a date | 3996 |
prescribed by the department of education and every six years | 3997 |
thereafter. | 3998 |
(2) This division applies to persons hired by a public or | 3999 |
private employer not described in division (J)(1) of this section | 4000 |
to operate a vehicle used for pupil transportation. | 4001 |
For each person to whom this division applies who is hired on | 4002 |
or after November 14, 2007, the employer shall request a | 4003 |
criminal records check prior to the person's hiring and every | 4004 |
six years thereafter. For each person to whom this division | 4005 |
applies who is hired prior to that date, the employer shall | 4006 |
request a criminal records check by a date prescribed by the | 4007 |
department and every six years thereafter. | 4008 |
(3) Each request for a criminal records check under division | 4009 |
(J) of this section shall be made to the superintendent of the | 4010 |
bureau of criminal identification and investigation in the manner | 4011 |
prescribed in section 3319.39 of the Revised Code. Upon receipt of | 4012 |
a request, the bureau shall conduct the criminal records check in | 4013 |
accordance with section 109.572 of the Revised Code as if the | 4014 |
request had been made under section 3319.39 of the Revised Code. | 4015 |
(K) Any person who is the subject of a criminal records check | 4016 |
under division (J) of this section and has been convicted of or | 4017 |
pleaded guilty to any offense described in division (C) of | 4018 |
section 3319.31 of the Revised Code shall not be hired or shall | 4019 |
be released from employment. | 4020 |
Sec. 3327.16. Notwithstanding division (D) of section | 4021 |
3311.19 and division (D) of section 3311.52 of the Revised Code, | 4022 |
this section does not apply to any joint vocational or cooperative | 4023 |
education school district or its superintendent. | 4024 |
| 4025 |
a volunteer bus rider assistance program, under which qualified | 4026 |
adults or responsible older pupils, as determined by the | 4027 |
superintendent, may be authorized to ride on school buses with | 4028 |
pupils during such periods of time that the buses are being used | 4029 |
to transport pupils to and from schools. Volunteers shall not be | 4030 |
compensated for their services, but older pupils may be excused | 4031 |
early from school to participate in the program. | 4032 |
Volunteers may be assigned duties or responsibilities by the | 4033 |
superintendent, including but not limited to, assisting younger | 4034 |
pupils in embarking and disembarking from buses and in crossing | 4035 |
streets where necessary to ensure the safety of the pupil, aiding | 4036 |
the driver of the bus to maintain order on buses, assisting | 4037 |
pupils with disabilities, and such other activities as the | 4038 |
superintendent determines will aid in the safe and efficient | 4039 |
transportation of pupils. | 4040 |
Volunteers serving under this section are not employees for | 4041 |
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing in | 4042 |
this section shall authorize a board of education to adversely | 4043 |
affect the employment of any employee of the board. | 4044 |
| 4045 |
4046 | |
4047 | |
4048 | |
4049 | |
4050 | |
4051 | |
4052 | |
4053 | |
4054 |
Sec. 4117.01. As used in this chapter: | 4055 |
(A) "Person," in addition to those included in division (C) | 4056 |
of section 1.59 of the Revised Code, includes employee | 4057 |
organizations, public employees, and public employers. | 4058 |
(B) "Public employer" means the state or any political | 4059 |
subdivision of the state located entirely within the state, | 4060 |
including, without limitation, any municipal corporation with a | 4061 |
population of at least five thousand according to the most recent | 4062 |
federal decennial census; county; township with a population of at | 4063 |
least five thousand in the unincorporated area of the township | 4064 |
according to the most recent federal decennial census; | 4065 |
4066 | |
4067 | |
higher learning; public or special district; state agency, | 4068 |
authority, commission, or board; or other branch of public | 4069 |
employment. | 4070 |
(C) "Public employee" means any person holding a position by | 4071 |
appointment or employment in the service of a public employer, | 4072 |
including any person working pursuant to a contract between a | 4073 |
public employer and a private employer and over whom the national | 4074 |
labor relations board has declined jurisdiction on the basis that | 4075 |
the involved employees are employees of a public employer, except: | 4076 |
(1) Persons holding elective office; | 4077 |
(2) Employees of the general assembly and employees of any | 4078 |
other legislative body of the public employer whose principal | 4079 |
duties are directly related to the legislative functions of the | 4080 |
body; | 4081 |
(3) Employees on the staff of the governor or the chief | 4082 |
executive of the public employer whose principal duties are | 4083 |
directly related to the performance of the executive functions of | 4084 |
the governor or the chief executive; | 4085 |
(4) Persons who are members of the Ohio organized militia, | 4086 |
while training or performing duty under section 5919.29 or 5923.12 | 4087 |
of the Revised Code; | 4088 |
(5) Employees of the state employment relations board; | 4089 |
(6) Confidential employees; | 4090 |
(7) Management level employees; | 4091 |
(8) Employees and officers of the courts, assistants to the | 4092 |
attorney general, assistant prosecuting attorneys, and employees | 4093 |
of the clerks of courts who perform a judicial function; | 4094 |
(9) Employees of a public official who act in a fiduciary | 4095 |
capacity, appointed pursuant to section 124.11 of the Revised | 4096 |
Code; | 4097 |
(10) Supervisors; | 4098 |
(11) Students whose primary purpose is educational training, | 4099 |
including graduate assistants or associates, residents, interns, | 4100 |
or other students working as part-time public employees less than | 4101 |
fifty per cent of the normal year in the employee's bargaining | 4102 |
unit; | 4103 |
(12) Employees of county boards of election; | 4104 |
(13) Seasonal and casual employees as determined by the state | 4105 |
employment relations board; | 4106 |
(14) Part-time faculty members of an institution of higher | 4107 |
education; | 4108 |
(15) Employees of the state personnel board of review; | 4109 |
(16) Participants in a work activity, developmental activity, | 4110 |
or alternative work activity under sections 5107.40 to 5107.69 of | 4111 |
the Revised Code who perform a service for a public employer that | 4112 |
the public employer needs but is not performed by an employee of | 4113 |
the public employer if the participant is not engaged in paid | 4114 |
employment or subsidized employment pursuant to the activity; | 4115 |
(17) Employees included in the career professional service of | 4116 |
the department of transportation under section 5501.20 of the | 4117 |
Revised Code; | 4118 |
(18) Employees of community-based correctional facilities and | 4119 |
district community-based correctional facilities created under | 4120 |
sections 2301.51 to 2301.58 of the Revised Code who are not | 4121 |
subject to a collective bargaining agreement on June 1, 2005. | 4122 |
(D) "Employee organization" means any labor or bona fide | 4123 |
organization in which public employees participate and that exists | 4124 |
for the purpose, in whole or in part, of dealing with public | 4125 |
employers concerning grievances, labor disputes, wages, hours, | 4126 |
terms, and other conditions of employment. | 4127 |
(E) "Exclusive representative" means the employee | 4128 |
organization certified or recognized as an exclusive | 4129 |
representative under section 4117.05 of the Revised Code. | 4130 |
(F) "Supervisor" means any individual who has authority, in | 4131 |
the interest of the public employer, to hire, transfer, suspend, | 4132 |
lay off, recall, promote, discharge, assign, reward, or discipline | 4133 |
other public employees; to responsibly direct them; to adjust | 4134 |
their grievances; or to effectively recommend such action, if the | 4135 |
exercise of that authority is not of a merely routine or clerical | 4136 |
nature, but requires the use of independent judgment, provided | 4137 |
that: | 4138 |
(1) Employees of school districts who are department | 4139 |
chairpersons or consulting teachers shall not be deemed | 4140 |
supervisors; | 4141 |
(2) With respect to members of a police or fire department, | 4142 |
no person shall be deemed a supervisor except the chief of the | 4143 |
department or those individuals who, in the absence of the chief, | 4144 |
are authorized to exercise the authority and perform the duties of | 4145 |
the chief of the department. Where prior to June 1, 1982, a public | 4146 |
employer pursuant to a judicial decision, rendered in litigation | 4147 |
to which the public employer was a party, has declined to engage | 4148 |
in collective bargaining with members of a police or fire | 4149 |
department on the basis that those members are supervisors, those | 4150 |
members of a police or fire department do not have the rights | 4151 |
specified in this chapter for the purposes of future collective | 4152 |
bargaining. The state employment relations board shall decide all | 4153 |
disputes concerning the application of division (F)(2) of this | 4154 |
section. | 4155 |
(3) With respect to faculty members of a state institution of | 4156 |
higher education, heads of departments or divisions are | 4157 |
supervisors; however, no other faculty member or group of faculty | 4158 |
members is a supervisor solely because the faculty member or group | 4159 |
of faculty members participate in decisions with respect to | 4160 |
courses, curriculum, personnel, or other matters of academic | 4161 |
policy | 4162 |
| 4163 |
4164 | |
4165 | |
4166 | |
4167 | |
4168 | |
4169 |
(G) "To bargain collectively" means to perform the mutual | 4170 |
obligation of the public employer, by its representatives, and the | 4171 |
representatives of its employees to negotiate in good faith at | 4172 |
reasonable times and places with respect to wages, hours, terms, | 4173 |
and other conditions of employment and the continuation, | 4174 |
modification, or deletion of an existing provision of a collective | 4175 |
bargaining agreement, with the intention of reaching an agreement, | 4176 |
or to resolve questions arising under the agreement. "To bargain | 4177 |
collectively" includes executing a written contract incorporating | 4178 |
the terms of any agreement reached. The obligation to bargain | 4179 |
collectively does not mean that either party is compelled to agree | 4180 |
to a proposal nor does it require the making of a concession. | 4181 |
(H) "Strike" means continuous concerted action in failing to | 4182 |
report to duty; willful absence from one's position; or stoppage | 4183 |
of work in whole from the full, faithful, and proper performance | 4184 |
of the duties of employment, for the purpose of inducing, | 4185 |
influencing, or coercing a change in wages, hours, terms, and | 4186 |
other conditions of employment. "Strike" does not include a | 4187 |
stoppage of work by employees in good faith because of dangerous | 4188 |
or unhealthful working conditions at the place of employment that | 4189 |
are abnormal to the place of employment. | 4190 |
(I) "Unauthorized strike" includes, but is not limited to, | 4191 |
concerted action during the term or extended term of a collective | 4192 |
bargaining agreement or during the pendency of the settlement | 4193 |
procedures set forth in section 4117.14 of the Revised Code in | 4194 |
failing to report to duty; willful absence from one's position; | 4195 |
stoppage of work; slowdown, or abstinence in whole or in part from | 4196 |
the full, faithful, and proper performance of the duties of | 4197 |
employment for the purpose of inducing, influencing, or coercing a | 4198 |
change in wages, hours, terms, and other conditions of employment. | 4199 |
"Unauthorized strike" includes any such action, absence, stoppage, | 4200 |
slowdown, or abstinence when done partially or intermittently, | 4201 |
whether during or after the expiration of the term or extended | 4202 |
term of a collective bargaining agreement or during or after the | 4203 |
pendency of the settlement procedures set forth in section 4117.14 | 4204 |
of the Revised Code. | 4205 |
(J) "Professional employee" means any employee engaged in | 4206 |
work that is predominantly intellectual, involving the consistent | 4207 |
exercise of discretion and judgment in its performance and | 4208 |
requiring knowledge of an advanced type in a field of science or | 4209 |
learning customarily acquired by a prolonged course in an | 4210 |
institution of higher learning or a hospital, as distinguished | 4211 |
from a general academic education or from an apprenticeship; or an | 4212 |
employee who has completed the courses of specialized intellectual | 4213 |
instruction and is performing related work under the supervision | 4214 |
of a professional person to become qualified as a professional | 4215 |
employee. | 4216 |
(K) "Confidential employee" means any employee who works in | 4217 |
the personnel offices of a public employer and deals with | 4218 |
information to be used by the public employer in collective | 4219 |
bargaining; or any employee who works in a close continuing | 4220 |
relationship with public officers or representatives directly | 4221 |
participating in collective bargaining on behalf of the employer. | 4222 |
(L) "Management level employee" means an individual who | 4223 |
formulates policy on behalf of the public employer, who | 4224 |
responsibly directs the implementation of policy, or who may | 4225 |
reasonably be required on behalf of the public employer to assist | 4226 |
in the preparation for the conduct of collective negotiations, | 4227 |
administer collectively negotiated agreements, or have a major | 4228 |
role in personnel administration. | 4229 |
4230 | |
4231 | |
4232 | |
institution of higher education, no person is a management level | 4233 |
employee because of the person's involvement in the formulation or | 4234 |
implementation of academic or institution policy. | 4235 |
(M) "Wages" means hourly rates of pay, salaries, or other | 4236 |
forms of compensation for services rendered. | 4237 |
(N) "Member of a police department" means a person who is in | 4238 |
the employ of a police department of a municipal corporation as a | 4239 |
full-time regular police officer as the result of an appointment | 4240 |
from a duly established civil service eligibility list or under | 4241 |
section 737.15 or 737.16 of the Revised Code, a full-time deputy | 4242 |
sheriff appointed under section 311.04 of the Revised Code, a | 4243 |
township constable appointed under section 509.01 of the Revised | 4244 |
Code, or a member of a township police district police department | 4245 |
appointed under section 505.49 of the Revised Code. | 4246 |
(O) "Members of the state highway patrol" means highway | 4247 |
patrol troopers and radio operators appointed under section | 4248 |
5503.01 of the Revised Code. | 4249 |
(P) "Member of a fire department" means a person who is in | 4250 |
the employ of a fire department of a municipal corporation or a | 4251 |
township as a fire cadet, full-time regular firefighter, or | 4252 |
promoted rank as the result of an appointment from a duly | 4253 |
established civil service eligibility list or under section | 4254 |
505.38, 709.012, or 737.22 of the Revised Code. | 4255 |
(Q) "Day" means calendar day. | 4256 |
Sec. 4117.03. (A) Public employees have the right to: | 4257 |
(1) Form, join, assist, or participate in, or refrain from | 4258 |
forming, joining, assisting, or participating in, except as | 4259 |
otherwise provided in Chapter 4117. of the Revised Code, any | 4260 |
employee organization of their own choosing; | 4261 |
(2) Engage in other concerted activities for the purpose of | 4262 |
collective bargaining or other mutual aid and protection; | 4263 |
(3) Representation by an employee organization; | 4264 |
(4) Bargain collectively with their public employers to | 4265 |
determine wages, hours, terms and other conditions of employment | 4266 |
and the continuation, modification, or deletion of an existing | 4267 |
provision of a collective bargaining agreement, and enter into | 4268 |
collective bargaining agreements; | 4269 |
(5) Present grievances and have them adjusted, without the | 4270 |
intervention of the bargaining representative, as long as the | 4271 |
adjustment is not inconsistent with the terms of the collective | 4272 |
bargaining agreement then in effect and as long as the bargaining | 4273 |
representatives have the opportunity to be present at the | 4274 |
adjustment. | 4275 |
(B) Persons on active duty or acting in any capacity as | 4276 |
members of the organized militia do not have collective bargaining | 4277 |
rights. | 4278 |
(C) Except as provided in division (D) of this section, | 4279 |
nothing in Chapter 4117. of the Revised Code prohibits public | 4280 |
employers from electing to engage in collective bargaining, to | 4281 |
meet and confer, to hold discussions, or to engage in any other | 4282 |
form of collective negotiations with public employees who are not | 4283 |
subject to Chapter 4117. of the Revised Code pursuant to division | 4284 |
(C) of section 4117.01 of the Revised Code. | 4285 |
After the effective date of this amendment, the board of | 4286 |
education of a school district, the governing board of an | 4287 |
educational service center, or the governing authority of a | 4288 |
community school is not required to collectively bargain with its | 4289 |
employees, but may do so at the discretion of the board of | 4290 |
education, governing board, or governing authority in accordance | 4291 |
with this division. The provisions of any collective bargaining | 4292 |
agreement entered into by a board of education, governing board, | 4293 |
or governing authority prior to that date are enforceable and are | 4294 |
subject to Chapter 4117. of the Revised Code as it existed prior | 4295 |
to that date; however, no board of education, governing board, or | 4296 |
governing authority is required to extend, renew, or modify any | 4297 |
collective bargaining agreement in force on that date. | 4298 |
(D) A public employer shall not engage in collective | 4299 |
bargaining or other forms of collective negotiations with the | 4300 |
employees of county boards of elections referred to in division | 4301 |
(C)(12) of section 4117.01 of the Revised Code. | 4302 |
| 4303 |
4304 | |
4305 | |
4306 |
Sec. 4117.04. (A) Public employers shall extend to an | 4307 |
exclusive representative designated under section 4117.05 of the | 4308 |
Revised Code, the right to represent exclusively the employees in | 4309 |
the appropriate bargaining unit and the right to unchallenged and | 4310 |
exclusive representation for a period of not less than twelve | 4311 |
months following the date of certification and thereafter, if the | 4312 |
public employer and the employee organization enter into an | 4313 |
agreement, for a period of not more than three years from the date | 4314 |
of signing the agreement. For the purposes of this section, | 4315 |
extensions of agreements shall not be construed to affect the | 4316 |
expiration date of the original agreement. | 4317 |
(B) A public employer shall bargain collectively with an | 4318 |
exclusive representative designated under section 4117.05 of the | 4319 |
Revised Code for purposes of Chapter 4117. of the Revised Code. | 4320 |
When the state employment relations board notifies a public | 4321 |
employer that it has certified an employee organization as | 4322 |
exclusive representative for a unit of its employees, the public | 4323 |
employer shall designate an employer representative and promptly | 4324 |
notify the board and the employee organization of | 4325 |
representative's identity and address. On certification, the | 4326 |
employee organization shall designate an employee representative | 4327 |
and promptly notify the
board and the public employer of | 4328 |
employee representative's identity and address. The board or any | 4329 |
party shall address to the appropriate designated representative | 4330 |
all communications concerned with collective relationships under | 4331 |
Chapter 4117. of the Revised Code. In the case of municipal | 4332 |
corporations, counties, | 4333 |
4334 | |
representative is as provided in division (C) of section 4117.10 | 4335 |
of the Revised Code. The designated representative of a party may | 4336 |
sign agreements resulting from collective bargaining on behalf of | 4337 |
4338 | |
subject to the procedures set forth in Chapter 4117. of the | 4339 |
Revised Code. | 4340 |
Sec. 4117.06. (A) The state employment relations board shall | 4341 |
decide in each case the unit appropriate for the purposes of | 4342 |
collective bargaining. The determination is final and conclusive | 4343 |
and not appealable to the court. | 4344 |
(B) The board shall determine the appropriateness of each | 4345 |
bargaining unit and shall consider among other relevant factors: | 4346 |
the desires of the employees; the community of interest; wages, | 4347 |
hours, and other working conditions of the public employees; the | 4348 |
effect of over-fragmentation; the efficiency of operations of the | 4349 |
public employer; the administrative structure of the public | 4350 |
employer; and the history of collective bargaining. | 4351 |
(C) The board may determine a unit to be the appropriate unit | 4352 |
in a particular case, even though some other unit might also be | 4353 |
appropriate. | 4354 |
(D) In addition, in determining the appropriate unit, the | 4355 |
board shall not: | 4356 |
(1) Decide that any unit is appropriate if the unit includes | 4357 |
both professional and nonprofessional employees, unless a majority | 4358 |
of the professional employees and a majority of the | 4359 |
nonprofessional employees first vote for inclusion in the unit; | 4360 |
(2) Include guards or correction officers at correctional or | 4361 |
mental institutions, special police officers appointed in | 4362 |
accordance with sections 5119.14 and 5123.13 of the Revised Code, | 4363 |
psychiatric attendants employed at mental health forensic | 4364 |
facilities, youth leaders employed at juvenile correction | 4365 |
facilities, or any public employee employed as a guard to enforce | 4366 |
against other employees rules to protect property of the employer | 4367 |
or to protect the safety of persons on the employer's premises in | 4368 |
a unit with other employees; | 4369 |
(3) Include members of a police or fire department or members | 4370 |
of the state highway patrol in a unit with other classifications | 4371 |
of public employees of the department; | 4372 |
(4) Designate as appropriate a bargaining unit that contains | 4373 |
more than one institution of higher education; nor shall it within | 4374 |
any such institution of higher education designate as appropriate | 4375 |
a unit where such designation would be inconsistent with the | 4376 |
accreditation standards or interpretations of such standards, | 4377 |
governing such institution of higher education or any department, | 4378 |
school, or college thereof. For the purposes of this division, any | 4379 |
branch or regional campus of a public institution of higher | 4380 |
education is part of that institution of higher education. | 4381 |
(5) Designate as appropriate a bargaining unit that contains | 4382 |
employees within the jurisdiction of more than one elected county | 4383 |
office holder, unless the county-elected office holder and the | 4384 |
board of county commissioners agree to such other designation; | 4385 |
(6) With respect to members of a police department, designate | 4386 |
as appropriate a unit that includes rank and file members of the | 4387 |
department with members who are of the rank of
sergeant or above | 4388 |
| 4389 |
4390 | |
4391 | |
4392 | |
4393 | |
4394 | |
4395 | |
4396 | |
4397 |
This section shall not be deemed to prohibit multiunit | 4398 |
bargaining. | 4399 |
Sec. 4117.08. (A) All matters pertaining to wages, hours, or | 4400 |
terms and other conditions of employment and the continuation, | 4401 |
modification, or deletion of an existing provision of a collective | 4402 |
bargaining agreement are subject to collective bargaining between | 4403 |
the public employer and the exclusive representative, except as | 4404 |
otherwise specified in this section | 4405 |
4406 |
(B) The conduct and grading of civil service examinations, | 4407 |
the rating of candidates, the establishment of eligible lists from | 4408 |
the examinations, and the original appointments from the eligible | 4409 |
lists are not appropriate subjects for collective bargaining. | 4410 |
(C) Unless a public employer agrees otherwise in a collective | 4411 |
bargaining agreement, nothing in Chapter 4117. of the Revised Code | 4412 |
impairs the right and responsibility of each public employer to: | 4413 |
(1) Determine matters of inherent managerial policy which | 4414 |
include, but are not limited to, areas of discretion or policy | 4415 |
such as the functions and programs of the public employer, | 4416 |
standards of services, its overall budget, utilization of | 4417 |
technology, and organizational structure; | 4418 |
(2) Direct, supervise, evaluate, or hire employees; | 4419 |
(3) Maintain and improve the efficiency and effectiveness of | 4420 |
governmental operations; | 4421 |
(4) Determine the overall methods, process, means, or | 4422 |
personnel by which governmental operations are to be conducted; | 4423 |
(5) Suspend, discipline, demote, or discharge for just cause, | 4424 |
or lay off, transfer, assign, schedule, promote, or retain | 4425 |
employees; | 4426 |
(6) Determine the adequacy of the work force; | 4427 |
(7) Determine the overall mission of the employer as a unit | 4428 |
of government; | 4429 |
(8) Effectively manage the work force; | 4430 |
(9) Take actions to carry out the mission of the public | 4431 |
employer as a governmental unit. | 4432 |
The employer is not required to bargain on subjects reserved | 4433 |
to the management and direction of the governmental unit except as | 4434 |
affect wages, hours, terms and conditions of employment, and the | 4435 |
continuation, modification, or deletion of an existing provision | 4436 |
of a collective bargaining agreement. A public employee or | 4437 |
exclusive representative may raise a legitimate complaint or file | 4438 |
a grievance based on the collective bargaining agreement. | 4439 |
Sec. 4117.09. (A) The parties to any collective bargaining | 4440 |
agreement shall reduce the agreement to writing and both execute | 4441 |
it. | 4442 |
(B) The agreement shall contain a provision that: | 4443 |
(1) Provides for a grievance procedure which may culminate | 4444 |
with final and binding arbitration of unresolved grievances, and | 4445 |
disputed interpretations of agreements, and which is valid and | 4446 |
enforceable under its terms when entered into in accordance with | 4447 |
this chapter. No publication thereof is required to make it | 4448 |
effective. A party to the agreement may bring suits for violation | 4449 |
of agreements or the enforcement of an award by an arbitrator in | 4450 |
the court of common pleas of any county wherein a party resides or | 4451 |
transacts business. | 4452 |
(2) Authorizes the public employer to deduct the periodic | 4453 |
dues, initiation fees, and assessments of members of the exclusive | 4454 |
representative upon presentation of a written deduction | 4455 |
authorization by the employee. | 4456 |
(C) The agreement may contain a provision that requires as a | 4457 |
condition of employment, on or after a mutually agreed upon | 4458 |
probationary period or sixty days following the beginning of | 4459 |
employment, whichever is less, or the effective date of a | 4460 |
collective bargaining agreement, whichever is later, that the | 4461 |
employees in the unit who are not members of the employee | 4462 |
organization pay to the employee organization a fair share fee. | 4463 |
The arrangement does not require any employee to become a member | 4464 |
of the employee organization, nor shall fair share fees exceed | 4465 |
dues paid by members of the employee organization who are in the | 4466 |
same bargaining unit. Any public employee organization | 4467 |
representing public employees pursuant to this chapter shall | 4468 |
prescribe an internal procedure to determine a rebate, if any, for | 4469 |
nonmembers which conforms to federal law, provided a nonmember | 4470 |
makes a timely demand on the employee organization. Absent | 4471 |
arbitrary and capricious action, such determination is conclusive | 4472 |
on the parties except that a challenge to the determination may be | 4473 |
filed with the state employment relations board within thirty days | 4474 |
of the determination date specifying the arbitrary or capricious | 4475 |
nature of the determination and the board shall review the rebate | 4476 |
determination and decide whether it was arbitrary or capricious. | 4477 |
The deduction of a fair share fee by the public employer from the | 4478 |
payroll check of the employee and its payment to the employee | 4479 |
organization is automatic and does not require the written | 4480 |
authorization of the employee. | 4481 |
The internal rebate procedure shall provide for a rebate of | 4482 |
expenditures in support of partisan politics or ideological causes | 4483 |
not | 4484 |
realm of collective bargaining. | 4485 |
Any public employee who is a member of and adheres to | 4486 |
established and traditional tenets or teachings of a bona fide | 4487 |
religion or religious body which has historically held | 4488 |
conscientious objections to joining or financially supporting an | 4489 |
employee organization and which is exempt from taxation under the | 4490 |
provisions of the Internal Revenue Code shall not be required to | 4491 |
join or financially support any employee organization as a | 4492 |
condition of employment. Upon submission of proper proof of | 4493 |
religious conviction to the board, the board shall declare the | 4494 |
employee exempt from becoming a member of or financially | 4495 |
supporting an employee organization. The employee shall be | 4496 |
required, in lieu of the fair share fee, to pay an amount of money | 4497 |
equal to the fair share fee to a nonreligious charitable fund | 4498 |
exempt from taxation under section 501(c)(3) of the Internal | 4499 |
Revenue Code mutually agreed upon by the employee and the | 4500 |
representative of the employee organization to which the employee | 4501 |
would otherwise be required to pay the fair share fee. The | 4502 |
employee shall furnish to the employee organization written | 4503 |
receipts evidencing such payment, and failure to make the payment | 4504 |
or furnish the receipts shall subject the employee to the same | 4505 |
sanctions as would nonpayment of dues under the applicable | 4506 |
collective bargaining agreement. | 4507 |
No public employer shall agree to a provision requiring that | 4508 |
a public employee become a member of an employee organization as a | 4509 |
condition for securing or retaining employment. | 4510 |
(D) | 4511 |
4512 | |
4513 |
| 4514 |
4515 | |
4516 | |
4517 | |
4518 | |
4519 | |
4520 | |
4521 | |
4522 |
| 4523 |
4524 | |
4525 | |
4526 | |
4527 |
| 4528 |
later than three years from the date of execution. The parties may | 4529 |
extend any agreement, but the extensions do not affect the | 4530 |
expiration date of the original agreement. | 4531 |
Sec. 4117.10. (A) An agreement between a public employer and | 4532 |
an exclusive representative entered into pursuant to this chapter | 4533 |
governs the wages, hours, and terms and conditions of public | 4534 |
employment covered by the agreement. If the agreement provides for | 4535 |
a final and binding arbitration of grievances, public employers, | 4536 |
employees, and employee organizations are subject solely to that | 4537 |
grievance procedure and the state personnel board of review or | 4538 |
civil service commissions have no jurisdiction to receive and | 4539 |
determine any appeals relating to matters that were the subject of | 4540 |
a final and binding grievance procedure. Where no agreement exists | 4541 |
or where an agreement makes no specification about a matter, the | 4542 |
public employer and public employees are subject to all applicable | 4543 |
state or local laws or ordinances pertaining to the wages, hours, | 4544 |
and terms and conditions of employment for public employees. Laws | 4545 |
pertaining to civil rights, affirmative action, unemployment | 4546 |
compensation, workers' compensation, the retirement of public | 4547 |
employees, and
residency requirements, | 4548 |
4549 | |
4550 | |
4551 | |
4552 | |
of the Revised Code governing the disciplining of officers and | 4553 |
employees who have been convicted
of a felony | 4554 |
4555 | |
4556 | |
conflicting provisions of agreements between employee | 4557 |
organizations and public employers. The law pertaining to the | 4558 |
leave of absence and compensation provided under section 5923.05 | 4559 |
of the Revised Code prevails over any conflicting provisions of | 4560 |
such agreements if the terms of the agreement contain benefits | 4561 |
which are less than those contained in that section or the | 4562 |
agreement contains no such terms and the public authority is the | 4563 |
state or any agency, authority, commission, or board of the state | 4564 |
or if the public authority is another entity listed in division | 4565 |
(B) of section 4117.01 of the Revised Code that elects to provide | 4566 |
leave of absence and compensation as provided in section 5923.05 | 4567 |
of the Revised Code. Except for sections 306.08, 306.12, 306.35, | 4568 |
and 4981.22 of the Revised Code and arrangements entered into | 4569 |
thereunder, and section 4981.21 of the Revised Code as necessary | 4570 |
to comply with section 13(c) of the "Urban Mass Transportation Act | 4571 |
of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and | 4572 |
arrangements entered into thereunder, this chapter prevails over | 4573 |
any and all other conflicting laws, resolutions, provisions, | 4574 |
present or future, except as otherwise specified in this chapter | 4575 |
or as otherwise specified by the general assembly. Nothing in this | 4576 |
section prohibits or shall be construed to invalidate the | 4577 |
provisions of an agreement establishing supplemental workers' | 4578 |
compensation or unemployment compensation benefits | 4579 |
4580 | |
4581 | |
4582 | |
4583 |
(B) The public employer shall submit a request for funds | 4584 |
necessary to implement an agreement and for approval of any other | 4585 |
matter requiring the approval of the appropriate legislative body | 4586 |
to the legislative body within fourteen days of the date on which | 4587 |
the parties finalize the agreement, unless otherwise specified, | 4588 |
but if the appropriate legislative body is not in session at the | 4589 |
time, then within fourteen days after it convenes. The legislative | 4590 |
body must approve or reject the submission as a whole, and the | 4591 |
submission is deemed approved if the legislative body fails to act | 4592 |
within thirty days after the public employer submits the | 4593 |
agreement. The parties may specify that those provisions of the | 4594 |
agreement not requiring action by a legislative body are effective | 4595 |
and operative in accordance with the terms of the agreement, | 4596 |
provided there has been compliance with division (C) of this | 4597 |
section. If the legislative body rejects the submission of the | 4598 |
public employer, either party may reopen all or part of the entire | 4599 |
agreement. | 4600 |
As used in this section, "legislative body" includes the | 4601 |
governing board of a municipal corporation,
| 4602 |
college or university, village, township, or board of county | 4603 |
commissioners or any other body that has authority to approve the | 4604 |
budget of their public jurisdiction and, with regard to the state, | 4605 |
"legislative body" means the controlling board. | 4606 |
(C) The chief executive officer, or the chief executive | 4607 |
officer's representative, of each municipal corporation, the | 4608 |
designated representative of | 4609 |
4610 | |
authority to approve the budget of their public jurisdiction, the | 4611 |
designated representative of the board of county commissioners and | 4612 |
of each elected officeholder of the county whose employees are | 4613 |
covered by the collective negotiations, and the designated | 4614 |
representative of the village or the board of township trustees of | 4615 |
each township is responsible for negotiations in the collective | 4616 |
bargaining process; except that the legislative body may accept or | 4617 |
reject a proposed collective bargaining agreement. When the | 4618 |
matters about which there is agreement are reduced to writing and | 4619 |
approved by the employee organization and the legislative body, | 4620 |
the agreement is binding upon the legislative body, the employer, | 4621 |
and the employee organization and employees covered by the | 4622 |
agreement. | 4623 |
(D) There is hereby established an office of collective | 4624 |
bargaining in the department of administrative services for the | 4625 |
purpose of negotiating with and entering into written agreements | 4626 |
between state agencies, departments, boards, and commissions and | 4627 |
the exclusive representative on matters of wages, hours, terms and | 4628 |
other conditions of employment and the continuation, modification, | 4629 |
or deletion of an existing provision of a collective bargaining | 4630 |
agreement. Nothing in any provision of law to the contrary shall | 4631 |
be interpreted as excluding the bureau of workers' compensation | 4632 |
and the industrial commission from the preceding sentence. This | 4633 |
office shall not negotiate on behalf of other statewide elected | 4634 |
officials or boards of trustees of state institutions of higher | 4635 |
education who shall be considered as separate public employers for | 4636 |
the purposes of this chapter; however, the office may negotiate on | 4637 |
behalf of these officials or trustees where authorized by the | 4638 |
officials or trustees. The staff of the office of collective | 4639 |
bargaining are in the unclassified service. The director of | 4640 |
administrative services shall fix the compensation of the staff. | 4641 |
The office of collective bargaining shall: | 4642 |
(1) Assist the director in formulating management's | 4643 |
philosophy for public collective bargaining as well as planning | 4644 |
bargaining strategies; | 4645 |
(2) Conduct negotiations with the exclusive representatives | 4646 |
of each employee organization; | 4647 |
(3) Coordinate the state's resources in all mediation, | 4648 |
fact-finding, and arbitration cases as well as in all labor | 4649 |
disputes; | 4650 |
(4) Conduct systematic reviews of collective bargaining | 4651 |
agreements for the purpose of contract negotiations; | 4652 |
(5) Coordinate the systematic compilation of data by all | 4653 |
agencies that is required for negotiating purposes; | 4654 |
(6) Prepare and submit an annual report and other reports as | 4655 |
requested to the governor and the general assembly on the | 4656 |
implementation of this chapter and its impact upon state | 4657 |
government. | 4658 |
Section 2. That existing sections 9.41, 9.833, 9.90, 124.01, | 4659 |
124.11, 124.271, 124.34, 124.38, 124.40, 124.57, 3301.07, | 4660 |
3301.072, 3311.10, 3311.19, 3311.52, 3311.72, 3313.12, 3313.20, | 4661 |
3313.202, 3313.33, 3313.53, 3313.604, 3313.665, 3313.751, 3313.79, | 4662 |
3313.81, 3313.871, 3313.96, 3313.975, 3314.03, 3314.09, 3314.091, | 4663 |
3315.062, 3315.09, 3315.091, 3316.07, 3317.01, 3319.01, 3319.011, | 4664 |
3319.02, 3319.03, 3319.04, 3319.05, 3319.06, 3319.07, 3319.071, | 4665 |
3319.073, 3319.075, 3319.08, 3319.081, 3319.088, 3319.10, | 4666 |
3319.151, 3326.11, 3326.20, 3326.21, 3326.51, 3327.01, 3327.03, | 4667 |
3327.09, 3327.10, 3327.16, 4117.01, 4117.03, 4117.04, 4117.06, | 4668 |
4117.08, 4117.09, and 4117.10 and sections 5.23, 9.901, 117.53, | 4669 |
124.011, 124.54, 3301.22, 3313.174, 3313.211, 3313.41, 3313.472, | 4670 |
3313.482, 3313.51, 3313.534, 3313.535, 3313.537, 3313.60, | 4671 |
3313.601, 3313.602, 3313.608, 3313.609, 3313.6011, 3313.6012, | 4672 |
3313.6013, 3313.6014, 3313.63, 3313.648, 3313.66, 3313.661, | 4673 |
3313.662, 3313.664, 3313.666, 3313.667, 3313.70, 3313.712, | 4674 |
3313.76, 3313.77, 3313.78, 3313.80, 3313.801, 3313.811, 3314.10, | 4675 |
3314.20, 3315.17, 3315.171, 3315.18, 3315.181, 3315.19, 3317.12, | 4676 |
3317.13, 3317.14, 3317.15, 3319.072, 3319.082, 3319.083, | 4677 |
3319.084, 3319.085, 3319.086, 3319.087, 3319.0810, 3319.0811, | 4678 |
3319.09, 3319.101, 3319.11, 3319.111, 3319.12, 3319.13, 3319.131, | 4679 |
3319.14, 3319.141, 3319.142, 3319.143, 3319.16, 3319.161, | 4680 |
3319.17, 3319.171, 3319.172, 3319.18, 3319.181, 3319.33, 3319.63, | 4681 |
3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07, | 4682 |
3324.10, 3326.18, 3327.011, 3327.02, 3327.15, 4117.101, and | 4683 |
4117.102 of the Revised Code are hereby repealed. | 4684 |