Bill Text: OH SB325 | 2011-2012 | 129th General Assembly | Introduced

Bill Title: To revise the management of municipal school districts and community schools located within municipal school districts; to require municipal school districts and unions to negotiate a new collective bargaining agreement as if no previous agreement existed for one bargaining cycle; to permit the establishment of a Municipal School District Transformation Alliance; to expand the offense of bribery to cover directors, officers, and employees of the Alliance; and to authorize municipal school districts to levy property taxes the revenue from which may be shared with qualifying community schools.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-04-05 - Introduced to House [SB325 Detail]

Download: Ohio-2011-SB325-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 325


Senators Turner, Lehner 


A BILL
To amend sections 124.36, 2903.13, 2921.02, 3302.03, 1
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 2
3311.74, 3311.76, 3313.41, 3313.411, 3313.975, 3
3314.012, 3314.016, 3314.10, 3314.35, 3314.36, 4
3316.07, 3318.08, 3319.02, 3319.071, 3319.10, 5
3319.112, 3319.12, 3319.13, 3319.14, 3319.141, 6
3319.143, 3319.151, 3319.18, 3319.283, 4141.29, 7
5705.192, 5705.21, 5705.212, 5705.215, 5705.216, 8
5705.218, 5705.261, and 5748.01 and to enact 9
sections 3311.77 to 3311.86, 3313.412, 3314.351, 10
and 4117.25 of the Revised Code to revise the 11
management of municipal school districts and 12
community schools located within municipal school 13
districts; to require municipal school districts 14
and unions to negotiate a new collective 15
bargaining agreement as if no previous agreement 16
existed for one bargaining cycle; to permit the 17
establishment of a Municipal School District 18
Transformation Alliance; to expand the offense of 19
bribery to cover directors, officers, and 20
employees of the Alliance; and to authorize 21
municipal school districts to levy property taxes 22
the revenue from which may be shared with 23
qualifying community schools.24


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 124.36, 2903.13, 2921.02, 3302.03, 25
3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, 3311.76, 26
3313.41, 3313.411, 3313.975, 3314.012, 3314.016, 3314.10, 3314.35, 27
3314.36, 3316.07, 3318.08, 3319.02, 3319.071, 3319.10, 3319.112, 28
3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, 3319.18, 29
3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215, 30
5705.216, 5705.218, 5705.261, and 5748.01 be amended and sections 31
3311.77, 3311.78, 3311.79, 3311.80, 3311.81, 3311.82, 3311.83, 32
3311.84, 3311.85, 3311.86, 3313.412, 3314.351, and 4117.25 of the 33
Revised Code be enacted to read as follows:34

       Sec. 124.36.  It shall be sufficient cause for the removal of 35
any public employees including teachers in the public schools or 36
any state supported educational institution when such public 37
employee or teacher advocates or willfully retains membership in 38
an organization which advocates overthrow of the government of the 39
United States or of the state, by force, violence or other 40
unlawful means.41

       The procedure for the termination of a contract of a teacher 42
under the provisions of this section shall be in the manner set 43
forth in section 3311.82 or 3319.16 of the Revised Code. The 44
procedure for the removal of all other public employees under the 45
provisions of this section shall be the same as is provided in 46
section 124.34 of the Revised Code, except that the decision of 47
the state personnel board of review or the municipal civil service 48
commission shall be subject to appeal to the court of common pleas 49
of the county in which such public employees are employed to 50
determine the sufficiency of the cause of removal. Such appeal 51
shall be taken within ten days from the finding of the board or 52
commission.53

       Sec. 2903.13.  (A) No person shall knowingly cause or attempt 54
to cause physical harm to another or to another's unborn.55

       (B) No person shall recklessly cause serious physical harm to 56
another or to another's unborn.57

       (C) Whoever violates this section is guilty of assault, and 58
the court shall sentence the offender as provided in this division 59
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section. 60
Except as otherwise provided in division (C)(1), (2), (3), (4), or 61
(5) of this section, assault is a misdemeanor of the first degree.62

       (1) Except as otherwise provided in this division, if the 63
offense is committed by a caretaker against a functionally 64
impaired person under the caretaker's care, assault is a felony of 65
the fourth degree. If the offense is committed by a caretaker 66
against a functionally impaired person under the caretaker's care, 67
if the offender previously has been convicted of or pleaded guilty 68
to a violation of this section or section 2903.11 or 2903.16 of 69
the Revised Code, and if in relation to the previous conviction 70
the offender was a caretaker and the victim was a functionally 71
impaired person under the offender's care, assault is a felony of 72
the third degree.73

       (2) If the offense is committed in any of the following 74
circumstances, assault is a felony of the fifth degree:75

       (a) The offense occurs in or on the grounds of a state 76
correctional institution or an institution of the department of 77
youth services, the victim of the offense is an employee of the 78
department of rehabilitation and correction, the department of 79
youth services, or a probation department or is on the premises of 80
the particular institution for business purposes or as a visitor, 81
and the offense is committed by a person incarcerated in the state 82
correctional institution, by a person institutionalized in the 83
department of youth services institution pursuant to a commitment 84
to the department of youth services, by a parolee, by an offender 85
under transitional control, under a community control sanction, or 86
on an escorted visit, by a person under post-release control, or 87
by an offender under any other type of supervision by a government 88
agency.89

       (b) The offense occurs in or on the grounds of a local 90
correctional facility, the victim of the offense is an employee of 91
the local correctional facility or a probation department or is on 92
the premises of the facility for business purposes or as a 93
visitor, and the offense is committed by a person who is under 94
custody in the facility subsequent to the person's arrest for any 95
crime or delinquent act, subsequent to the person's being charged 96
with or convicted of any crime, or subsequent to the person's 97
being alleged to be or adjudicated a delinquent child.98

       (c) The offense occurs off the grounds of a state 99
correctional institution and off the grounds of an institution of 100
the department of youth services, the victim of the offense is an 101
employee of the department of rehabilitation and correction, the 102
department of youth services, or a probation department, the 103
offense occurs during the employee's official work hours and while 104
the employee is engaged in official work responsibilities, and the 105
offense is committed by a person incarcerated in a state 106
correctional institution or institutionalized in the department of 107
youth services who temporarily is outside of the institution for 108
any purpose, by a parolee, by an offender under transitional 109
control, under a community control sanction, or on an escorted 110
visit, by a person under post-release control, or by an offender 111
under any other type of supervision by a government agency.112

       (d) The offense occurs off the grounds of a local 113
correctional facility, the victim of the offense is an employee of 114
the local correctional facility or a probation department, the 115
offense occurs during the employee's official work hours and while 116
the employee is engaged in official work responsibilities, and the 117
offense is committed by a person who is under custody in the 118
facility subsequent to the person's arrest for any crime or 119
delinquent act, subsequent to the person being charged with or 120
convicted of any crime, or subsequent to the person being alleged 121
to be or adjudicated a delinquent child and who temporarily is 122
outside of the facility for any purpose or by a parolee, by an 123
offender under transitional control, under a community control 124
sanction, or on an escorted visit, by a person under post-release 125
control, or by an offender under any other type of supervision by 126
a government agency.127

       (e) The victim of the offense is a school teacher or 128
administrator or a school bus operator, and the offense occurs in 129
a school, on school premises, in a school building, on a school 130
bus, or while the victim is outside of school premises or a school 131
bus and is engaged in duties or official responsibilities 132
associated with the victim's employment or position as a school 133
teacher or administrator or a school bus operator, including, but 134
not limited to, driving, accompanying, or chaperoning students at 135
or on class or field trips, athletic events, or other school 136
extracurricular activities or functions outside of school 137
premises.138

       (3) If the victim of the offense is a peace officer or an 139
investigator of the bureau of criminal identification and 140
investigation, a firefighter, or a person performing emergency 141
medical service, while in the performance of their official 142
duties, assault is a felony of the fourth degree.143

       (4) If the victim of the offense is a peace officer or an 144
investigator of the bureau of criminal identification and 145
investigation and if the victim suffered serious physical harm as 146
a result of the commission of the offense, assault is a felony of 147
the fourth degree, and the court, pursuant to division (F) of 148
section 2929.13 of the Revised Code, shall impose as a mandatory 149
prison term one of the prison terms prescribed for a felony of the 150
fourth degree that is at least twelve months in duration.151

       (5) If the victim of the offense is an officer or employee of 152
a public children services agency or a private child placing 153
agency and the offense relates to the officer's or employee's 154
performance or anticipated performance of official 155
responsibilities or duties, assault is either a felony of the 156
fifth degree or, if the offender previously has been convicted of 157
or pleaded guilty to an offense of violence, the victim of that 158
prior offense was an officer or employee of a public children 159
services agency or private child placing agency, and that prior 160
offense related to the officer's or employee's performance or 161
anticipated performance of official responsibilities or duties, a 162
felony of the fourth degree. 163

       (6) If an offender who is convicted of or pleads guilty to 164
assault when it is a misdemeanor also is convicted of or pleads 165
guilty to a specification as described in section 2941.1423 of the 166
Revised Code that was included in the indictment, count in the 167
indictment, or information charging the offense, the court shall 168
sentence the offender to a mandatory jail term as provided in 169
division (G) of section 2929.24 of the Revised Code.170

       If an offender who is convicted of or pleads guilty to 171
assault when it is a felony also is convicted of or pleads guilty 172
to a specification as described in section 2941.1423 of the 173
Revised Code that was included in the indictment, count in the 174
indictment, or information charging the offense, except as 175
otherwise provided in division (C)(4) of this section, the court 176
shall sentence the offender to a mandatory prison term as provided 177
in division (B)(8) of section 2929.14 of the Revised Code.178

       (D) As used in this section:179

       (1) "Peace officer" has the same meaning as in section 180
2935.01 of the Revised Code.181

       (2) "Firefighter" has the same meaning as in section 3937.41 182
of the Revised Code.183

       (3) "Emergency medical service" has the same meaning as in 184
section 4765.01 of the Revised Code.185

       (4) "Local correctional facility" means a county, 186
multicounty, municipal, municipal-county, or multicounty-municipal 187
jail or workhouse, a minimum security jail established under 188
section 341.23 or 753.21 of the Revised Code, or another county, 189
multicounty, municipal, municipal-county, or multicounty-municipal 190
facility used for the custody of persons arrested for any crime or 191
delinquent act, persons charged with or convicted of any crime, or 192
persons alleged to be or adjudicated a delinquent child.193

       (5) "Employee of a local correctional facility" means a 194
person who is an employee of the political subdivision or of one 195
or more of the affiliated political subdivisions that operates the 196
local correctional facility and who operates or assists in the 197
operation of the facility.198

       (6) "School teacher or administrator" means either of the 199
following:200

       (a) A person who is employed in the public schools of the 201
state under a contract described in section 3311.77 or 3319.08 of 202
the Revised Code in a position in which the person is required to 203
have a certificate issued pursuant to sections 3319.22 to 3319.311 204
of the Revised Code.205

       (b) A person who is employed by a nonpublic school for which 206
the state board of education prescribes minimum standards under 207
section 3301.07 of the Revised Code and who is certificated in 208
accordance with section 3301.071 of the Revised Code.209

       (7) "Community control sanction" has the same meaning as in 210
section 2929.01 of the Revised Code.211

       (8) "Escorted visit" means an escorted visit granted under 212
section 2967.27 of the Revised Code.213

       (9) "Post-release control" and "transitional control" have 214
the same meanings as in section 2967.01 of the Revised Code.215

       (10) "Investigator of the bureau of criminal identification 216
and investigation" has the same meaning as in section 2903.11 of 217
the Revised Code.218

       Sec. 2921.02.  (A) No person, with purpose to corrupt a 219
public servant or party official, or improperly to influence hima 220
public servant or party official with respect to the discharge of 221
histhe public servant's or party official's duty, whether before 222
or after hethe public servant or party official is elected, 223
appointed, qualified, employed, summoned, or sworn, shall promise, 224
offer, or give any valuable thing or valuable benefit.225

       (B) No person, either before or after hethe person is 226
elected, appointed, qualified, employed, summoned, or sworn as a 227
public servant or party official, shall knowingly solicit or 228
accept for himselfself or another person any valuable thing or 229
valuable benefit to corrupt or improperly influence himthe person230
or another public servant or party official with respect to the 231
discharge of histhe person's or the other public servant's or 232
party official's duty.233

       (C) No person, with purpose to corrupt a witness or 234
improperly to influence hima witness with respect to histhe 235
witness's testimony in an official proceeding, either before or 236
after hethe witness is subpoenaed or sworn, shall promise, offer, 237
or give himthe witness or another person any valuable thing or 238
valuable benefit.239

       (D) No person, either before or after hethe person is 240
subpoenaed or sworn as a witness, shall knowingly solicit or 241
accept for himselfself or another person any valuable thing or 242
valuable benefit to corrupt or improperly influence himself or 243
another person with respect to his testimony given in an official 244
proceeding.245

       (E) No person, with purpose to corrupt a director, officer, 246
or employee of a municipal school district transformation alliance 247
established under section 3311.86 of the Revised Code, or 248
improperly to influence a director, officer, or employee of a 249
municipal school district transformation alliance with respect to 250
the discharge of the director's, officer's, or employee's duties, 251
whether before or after the director, officer, or employee is 252
appointed or employed, shall promise, offer, or give the director, 253
officer, or employee any valuable thing or valuable benefit.254

        (F) No person, either before or after the person is appointed 255
or employed as a director, officer, or employee of a municipal 256
school district transformation alliance established under section 257
3311.86 of the Revised Code, shall knowingly solicit or accept for 258
self or another person any valuable thing or valuable benefit to 259
corrupt or improperly influence the person or another director, 260
officer, or employee of a municipal school district transformation 261
alliance with respect to the discharge of the person's or other 262
director's, officer's, or employee's duties.263

        (G) Whoever violates this section is guilty of bribery, a 264
felony of the third degree.265

       (F)(H) A public servant or party official, or director, 266
officer, or employee of a municipal school district transformation 267
alliance established under section 3311.86 of the Revised Code,268
who is convicted of bribery is forever disqualified from holding 269
any public office, employment, or position of trust in this state.270

       Sec. 3302.03.  (A) Annually the department of education shall 271
report for each school district and each school building in a 272
district all of the following: 273

       (1) The extent to which the school district or building meets 274
each of the applicable performance indicators created by the state 275
board of education under section 3302.02 of the Revised Code and 276
the number of applicable performance indicators that have been 277
achieved; 278

       (2) The performance index score of the school district or 279
building; 280

       (3) Whether the school district or building has made adequate 281
yearly progress; 282

       (4) Whether the school district or building is excellent, 283
effective, needs continuous improvement, is under an academic 284
watch, or is in a state of academic emergency. 285

       (B) Except as otherwise provided in division (B)(6) of this 286
section: 287

       (1) A school district or building shall be declared excellent 288
if it meets at least ninety-four per cent of the applicable state 289
performance indicators or has a performance index score 290
established by the department, except that if it does not make 291
adequate yearly progress for two or more of the same subgroups for 292
three or more consecutive years, it shall be declared effective. 293

       (2) A school district or building shall be declared effective 294
if it meets at least seventy-five per cent but less than 295
ninety-four per cent of the applicable state performance 296
indicators or has a performance index score established by the 297
department, except that if it does not make adequate yearly 298
progress for two or more of the same subgroups for three or more 299
consecutive years, it shall be declared in need of continuous 300
improvement.301

       (3) A school district or building shall be declared to be in 302
need of continuous improvement if it fulfills one of the following 303
requirements: 304

       (a) It makes adequate yearly progress, meets less than 305
seventy-five per cent of the applicable state performance 306
indicators, and has a performance index score established by the 307
department. 308

       (b) It does not make adequate yearly progress and either 309
meets at least fifty per cent but less than seventy-five per cent 310
of the applicable state performance indicators or has a 311
performance index score established by the department. 312

       (4) A school district or building shall be declared to be 313
under an academic watch if it does not make adequate yearly 314
progress and either meets at least thirty-one per cent but less 315
than fifty per cent of the applicable state performance indicators 316
or has a performance index score established by the department. 317

       (5) A school district or building shall be declared to be in 318
a state of academic emergency if it does not make adequate yearly 319
progress, does not meet at least thirty-one per cent of the 320
applicable state performance indicators, and has a performance 321
index score established by the department. 322

       (6) Division (B)(6) of this section does not apply to any 323
community school established under Chapter 3314. of the Revised 324
Code in which a majority of the students are enrolled in a dropout 325
prevention and recovery program. 326

        A school district or building shall not be assigned a higher 327
performance rating than in need of continuous improvement if at 328
least ten per cent but not more than fifteen per cent of the 329
enrolled students do not take all achievement assessments 330
prescribed for their grade level under division (A)(1) or (B)(1) 331
of section 3301.0710 of the Revised Code from which they are not 332
excused pursuant to division (C)(1) or (3) of section 3301.0711 of 333
the Revised Code. A school district or building shall not be 334
assigned a higher performance rating than under an academic watch 335
if more than fifteen per cent but not more than twenty per cent of 336
the enrolled students do not take all achievement assessments 337
prescribed for their grade level under division (A)(1) or (B)(1) 338
of section 3301.0710 of the Revised Code from which they are not 339
excused pursuant to division (C)(1) or (3) of section 3301.0711 of 340
the Revised Code. A school district or building shall not be 341
assigned a higher performance rating than in a state of academic 342
emergency if more than twenty per cent of the enrolled students do 343
not take all achievement assessments prescribed for their grade 344
level under division (A)(1) or (B)(1) of section 3301.0710 of the 345
Revised Code from which they are not excused pursuant to division 346
(C)(1) or (3) of section 3301.0711 of the Revised Code. 347

       (C)(1) The department shall issue annual report cards for 348
each school district, each building within each district, and for 349
the state as a whole reflecting performance on the indicators 350
created by the state board under section 3302.02 of the Revised 351
Code, the performance index score, and adequate yearly progress. 352

       (2) The department shall include on the report card for each 353
district information pertaining to any change from the previous 354
year made by the school district or school buildings within the 355
district on any performance indicator. 356

       (3) When reporting data on student performance, the 357
department shall disaggregate that data according to the following 358
categories: 359

       (a) Performance of students by age group; 360

       (b) Performance of students by race and ethnic group; 361

       (c) Performance of students by gender; 362

       (d) Performance of students grouped by those who have been 363
enrolled in a district or school for three or more years; 364

       (e) Performance of students grouped by those who have been 365
enrolled in a district or school for more than one year and less 366
than three years; 367

       (f) Performance of students grouped by those who have been 368
enrolled in a district or school for one year or less; 369

       (g) Performance of students grouped by those who are 370
economically disadvantaged; 371

       (h) Performance of students grouped by those who are enrolled 372
in a conversion community school established under Chapter 3314. 373
of the Revised Code; 374

       (i) Performance of students grouped by those who are 375
classified as limited English proficient; 376

       (j) Performance of students grouped by those who have 377
disabilities; 378

       (k) Performance of students grouped by those who are 379
classified as migrants; 380

       (l) Performance of students grouped by those who are 381
identified as gifted pursuant to Chapter 3324. of the Revised 382
Code. 383

       The department may disaggregate data on student performance 384
according to other categories that the department determines are 385
appropriate. To the extent possible, the department shall 386
disaggregate data on student performance according to any 387
combinations of two or more of the categories listed in divisions 388
(C)(3)(a) to (l) of this section that it deems relevant. 389

       In reporting data pursuant to division (C)(3) of this 390
section, the department shall not include in the report cards any 391
data statistical in nature that is statistically unreliable or 392
that could result in the identification of individual students. 393
For this purpose, the department shall not report student 394
performance data for any group identified in division (C)(3) of 395
this section that contains less than ten students. 396

       (4) The department may include with the report cards any 397
additional education and fiscal performance data it deems 398
valuable. 399

       (5) The department shall include on each report card a list 400
of additional information collected by the department that is 401
available regarding the district or building for which the report 402
card is issued. When available, such additional information shall 403
include student mobility data disaggregated by race and 404
socioeconomic status, college enrollment data, and the reports 405
prepared under section 3302.031 of the Revised Code. 406

       The department shall maintain a site on the world wide web. 407
The report card shall include the address of the site and shall 408
specify that such additional information is available to the 409
public at that site. The department shall also provide a copy of 410
each item on the list to the superintendent of each school 411
district. The district superintendent shall provide a copy of any 412
item on the list to anyone who requests it. 413

       (6)(a) This divisionDivision (C)(6) of this section does not 414
apply to conversion community schools that primarily enroll 415
students between sixteen and twenty-two years of age who dropped 416
out of high school or are at risk of dropping out of high school 417
due to poor attendance, disciplinary problems, or suspensions. 418

       (a) For any district that sponsors a conversion community 419
school under Chapter 3314. of the Revised Code, the department 420
shall combine data regarding the academic performance of students 421
enrolled in the community school with comparable data from the 422
schools of the district for the purpose of calculating the 423
performance of the district as a whole on the report card issued 424
for the district. 425

       (b) Any district that leases a building to a community school 426
located in the district or that enters into an agreement with a 427
community school located in the district whereby the district and 428
the school endorse each other's programs may elect to have data 429
regarding the academic performance of students enrolled in the 430
community school combined with comparable data from the schools of 431
the district for the purpose of calculating the performance of the 432
district as a whole on the district report card. Any district that 433
so elects shall annually file a copy of the lease or agreement 434
with the department. 435

       (c) Any municipal school district, as defined in section 436
3311.71 of the Revised Code, that sponsors, provides services to, 437
or leases a building to a start-up or conversion community school 438
located within the district's territory, or that enters into an 439
agreement with a community school located within the district's 440
territory whereby the district and the community school endorse 441
each other's programs, may elect (i) to have data regarding the 442
academic performance of students enrolled in the community school 443
combined with comparable data from the schools of the district for 444
the purpose of calculating the performance of the district as a 445
whole on the district's report card and (ii) to have the students 446
attending the community school included in the district's average 447
daily student enrollment as reported in the district's report 448
card. Any district that so elects shall annually file with the 449
department a copy of the lease or agreement and other 450
documentation indicating eligibility for that election, as 451
required by the department. 452

       (7) The department shall include on each report card the 453
percentage of teachers in the district or building who are highly 454
qualified, as defined by the "No Child Left Behind Act of 2001," 455
and a comparison of that percentage with the percentages of such 456
teachers in similar districts and buildings. 457

       (8) The department shall include on the report card the 458
number of lead teachers employed by each district and each 459
building once the data is available from the education management 460
information system established under section 3301.0714 of the 461
Revised Code. 462

       (D)(1) In calculating English language arts, mathematics, 463
social studies, or science assessment passage rates used to 464
determine school district or building performance under this 465
section, the department shall include all students taking an 466
assessment with accommodation or to whom an alternate assessment 467
is administered pursuant to division (C)(1) or (3) of section 468
3301.0711 of the Revised Code. 469

        (2) In calculating performance index scores, rates of 470
achievement on the performance indicators established by the state 471
board under section 3302.02 of the Revised Code, and adequate 472
yearly progress for school districts and buildings under this 473
section, the department shall do all of the following: 474

       (a) Include for each district or building only those students 475
who are included in the ADM certified for the first full school 476
week of October and are continuously enrolled in the district or 477
building through the time of the spring administration of any 478
assessment prescribed by division (A)(1) or (B)(1) of section 479
3301.0710 of the Revised Code that is administered to the 480
student's grade level; 481

       (b) Include cumulative totals from both the fall and spring 482
administrations of the third grade English language arts 483
achievement assessment; 484

       (c) Except as required by the "No Child Left Behind Act of 485
2001" for the calculation of adequate yearly progress, exclude for 486
each district or building any limited English proficient student 487
who has been enrolled in United States schools for less than one 488
full school year.489

       Sec. 3302.04.  (A) The department of education shall 490
establish a system of intensive, ongoing support for the 491
improvement of school districts and school buildings. In 492
accordance with the model of differentiated accountability 493
described in section 3302.041 of the Revised Code, the system 494
shall give priority to districts and buildings that have been 495
declared to be under an academic watch or in a state of academic 496
emergency under section 3302.03 of the Revised Code and shall 497
include services provided to districts and buildings through 498
regional service providers, such as educational service centers.499

       (B) This division does not apply to any school district after 500
June 30, 2008.501

       When a school district has been notified by the department 502
pursuant to division (A) of section 3302.03 of the Revised Code 503
that the district or a building within the district has failed to 504
make adequate yearly progress for two consecutive school years, 505
the district shall develop a three-year continuous improvement 506
plan for the district or building containing each of the 507
following:508

       (1) An analysis of the reasons for the failure of the 509
district or building to meet any of the applicable performance 510
indicators established under section 3302.02 of the Revised Code 511
that it did not meet and an analysis of the reasons for its 512
failure to make adequate yearly progress;513

       (2) Specific strategies that the district or building will 514
use to address the problems in academic achievement identified in 515
division (B)(1) of this section;516

       (3) Identification of the resources that the district will 517
allocate toward improving the academic achievement of the district 518
or building;519

       (4) A description of any progress that the district or 520
building made in the preceding year toward improving its academic 521
achievement;522

       (5) An analysis of how the district is utilizing the 523
professional development standards adopted by the state board 524
pursuant to section 3319.61 of the Revised Code;525

       (6) Strategies that the district or building will use to 526
improve the cultural competency, as defined pursuant to section 527
3319.61 of the Revised Code, of teachers and other educators.528

       No three-year continuous improvement plan shall be developed 529
or adopted pursuant to this division unless at least one public 530
hearing is held within the affected school district or building 531
concerning the final draft of the plan. Notice of the hearing 532
shall be given two weeks prior to the hearing by publication in 533
one newspaper of general circulation within the territory of the 534
affected school district or building. Copies of the plan shall be 535
made available to the public.536

       (C) When a school district or building has been notified by 537
the department pursuant to division (A) of section 3302.03 of the 538
Revised Code that the district or building is under an academic 539
watch or in a state of academic emergency, the district or 540
building shall be subject to any rules establishing intervention 541
in academic watch or emergency school districts or buildings.542

       (D)(1) Within one hundred twenty days after any school 543
district or building is declared to be in a state of academic 544
emergency under section 3302.03 of the Revised Code, the 545
department may initiate a site evaluation of the building or 546
school district.547

       (2) Division (D)(2) of this section does not apply to any 548
school district after June 30, 2008.549

       If any school district that is declared to be in a state of 550
academic emergency or in a state of academic watch under section 551
3302.03 of the Revised Code or encompasses a building that is 552
declared to be in a state of academic emergency or in a state of 553
academic watch fails to demonstrate to the department satisfactory 554
improvement of the district or applicable buildings or fails to 555
submit to the department any information required under rules 556
established by the state board of education, prior to approving a 557
three-year continuous improvement plan under rules established by 558
the state board of education, the department shall conduct a site 559
evaluation of the school district or applicable buildings to 560
determine whether the school district is in compliance with 561
minimum standards established by law or rule.562

       (3) Site evaluations conducted under divisions (D)(1) and (2) 563
of this section shall include, but not be limited to, the 564
following:565

       (a) Determining whether teachers are assigned to subject 566
areas for which they are licensed or certified;567

       (b) Determining pupil-teacher ratios;568

       (c) Examination of compliance with minimum instruction time 569
requirements for each school day and for each school year;570

       (d) Determining whether materials and equipment necessary to 571
implement the curriculum approved by the school district board are 572
available;573

       (e) Examination of whether the teacher and principal 574
evaluation systems comply with sections 3311.80, 3311.84, 3319.02,575
and 3319.111 of the Revised Code;576

       (f) Examination of the adequacy of efforts to improve the 577
cultural competency, as defined pursuant to section 3319.61 of the 578
Revised Code, of teachers and other educators.579

       (E) This division applies only to school districts that 580
operate a school building that fails to make adequate yearly 581
progress for two or more consecutive school years. It does not 582
apply to any such district after June 30, 2008, except as provided 583
in division (D)(2) of section 3313.97 of the Revised Code.584

       (1) For any school building that fails to make adequate 585
yearly progress for two consecutive school years, the district 586
shall do all of the following:587

       (a) Provide written notification of the academic issues that 588
resulted in the building's failure to make adequate yearly 589
progress to the parent or guardian of each student enrolled in the 590
building. The notification shall also describe the actions being 591
taken by the district or building to improve the academic 592
performance of the building and any progress achieved toward that 593
goal in the immediately preceding school year.594

       (b) If the building receives funds under Title 1, Part A of 595
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 596
6311 to 6339, from the district, in accordance with section 597
3313.97 of the Revised Code, offer all students enrolled in the 598
building the opportunity to enroll in an alternative building 599
within the district that is not in school improvement status as 600
defined by the "No Child Left Behind Act of 2001." Notwithstanding 601
Chapter 3327. of the Revised Code, the district shall spend an 602
amount equal to twenty per cent of the funds it receives under 603
Title I, Part A of the "Elementary and Secondary Education Act of 604
1965," 20 U.S.C. 6311 to 6339, to provide transportation for 605
students who enroll in alternative buildings under this division, 606
unless the district can satisfy all demand for transportation with 607
a lesser amount. If an amount equal to twenty per cent of the 608
funds the district receives under Title I, Part A of the 609
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 610
to 6339, is insufficient to satisfy all demand for transportation, 611
the district shall grant priority over all other students to the 612
lowest achieving students among the subgroup described in division 613
(B)(3) of section 3302.01 of the Revised Code in providing 614
transportation. Any district that does not receive funds under 615
Title I, Part A of the "Elementary and Secondary Education Act of 616
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide 617
transportation to any student who enrolls in an alternative 618
building under this division.619

       (2) For any school building that fails to make adequate 620
yearly progress for three consecutive school years, the district 621
shall do both of the following:622

       (a) If the building receives funds under Title 1, Part A of 623
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 624
6311 to 6339, from the district, in accordance with section 625
3313.97 of the Revised Code, provide all students enrolled in the 626
building the opportunity to enroll in an alternative building 627
within the district that is not in school improvement status as 628
defined by the "No Child Left Behind Act of 2001." Notwithstanding 629
Chapter 3327. of the Revised Code, the district shall provide 630
transportation for students who enroll in alternative buildings 631
under this division to the extent required under division (E)(2) 632
of this section.633

       (b) If the building receives funds under Title 1, Part A of 634
the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 635
6311 to 6339, from the district, offer supplemental educational 636
services to students who are enrolled in the building and who are 637
in the subgroup described in division (B)(3) of section 3302.01 of 638
the Revised Code.639

       The district shall spend a combined total of an amount equal 640
to twenty per cent of the funds it receives under Title I, Part A 641
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 642
6311 to 6339, to provide transportation for students who enroll in 643
alternative buildings under division (E)(1)(b) or (E)(2)(a) of 644
this section and to pay the costs of the supplemental educational 645
services provided to students under division (E)(2)(b) of this 646
section, unless the district can satisfy all demand for 647
transportation and pay the costs of supplemental educational 648
services for those students who request them with a lesser amount. 649
In allocating funds between the requirements of divisions 650
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district 651
shall spend at least an amount equal to five per cent of the funds 652
it receives under Title I, Part A of the "Elementary and Secondary 653
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide 654
transportation for students who enroll in alternative buildings 655
under division (E)(1)(b) or (E)(2)(a) of this section, unless the 656
district can satisfy all demand for transportation with a lesser 657
amount, and at least an amount equal to five per cent of the funds 658
it receives under Title I, Part A of the "Elementary and Secondary 659
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs 660
of the supplemental educational services provided to students 661
under division (E)(2)(b) of this section, unless the district can 662
pay the costs of such services for all students requesting them 663
with a lesser amount. If an amount equal to twenty per cent of the 664
funds the district receives under Title I, Part A of the 665
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 666
to 6339, is insufficient to satisfy all demand for transportation 667
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay 668
the costs of all of the supplemental educational services provided 669
to students under division (E)(2)(b) of this section, the district 670
shall grant priority over all other students in providing 671
transportation and in paying the costs of supplemental educational 672
services to the lowest achieving students among the subgroup 673
described in division (B)(3) of section 3302.01 of the Revised 674
Code.675

       Any district that does not receive funds under Title I, Part 676
A of the "Elementary and Secondary Education Act of 1965," 20 677
U.S.C. 6311 to 6339, shall not be required to provide 678
transportation to any student who enrolls in an alternative 679
building under division (E)(2)(a) of this section or to pay the 680
costs of supplemental educational services provided to any student 681
under division (E)(2)(b) of this section.682

       No student who enrolls in an alternative building under 683
division (E)(2)(a) of this section shall be eligible for 684
supplemental educational services under division (E)(2)(b) of this 685
section.686

       (3) For any school building that fails to make adequate 687
yearly progress for four consecutive school years, the district 688
shall continue to comply with division (E)(2) of this section and 689
shall implement at least one of the following options with respect 690
to the building:691

       (a) Institute a new curriculum that is consistent with the 692
statewide academic standards adopted pursuant to division (A) of 693
section 3301.079 of the Revised Code;694

       (b) Decrease the degree of authority the building has to 695
manage its internal operations;696

       (c) Appoint an outside expert to make recommendations for 697
improving the academic performance of the building. The district 698
may request the department to establish a state intervention team 699
for this purpose pursuant to division (G) of this section.700

       (d) Extend the length of the school day or year;701

       (e) Replace the building principal or other key personnel;702

       (f) Reorganize the administrative structure of the building.703

       (4) For any school building that fails to make adequate 704
yearly progress for five consecutive school years, the district 705
shall continue to comply with division (E)(2) of this section and 706
shall develop a plan during the next succeeding school year to 707
improve the academic performance of the building, which shall 708
include at least one of the following options:709

       (a) Reopen the school as a community school under Chapter 710
3314. of the Revised Code;711

       (b) Replace personnel;712

       (c) Contract with a nonprofit or for-profit entity to operate 713
the building;714

       (d) Turn operation of the building over to the department;715

       (e) Other significant restructuring of the building's 716
governance.717

       (5) For any school building that fails to make adequate 718
yearly progress for six consecutive school years, the district 719
shall continue to comply with division (E)(2) of this section and 720
shall implement the plan developed pursuant to division (E)(4) of 721
this section.722

       (6) A district shall continue to comply with division 723
(E)(1)(b) or (E)(2) of this section, whichever was most recently 724
applicable, with respect to any building formerly subject to one 725
of those divisions until the building makes adequate yearly 726
progress for two consecutive school years.727

       (F) This division applies only to school districts that have 728
been identified for improvement by the department pursuant to the 729
"No Child Left Behind Act of 2001." It does not apply to any such 730
district after June 30, 2008.731

       (1) If a school district has been identified for improvement 732
for one school year, the district shall provide a written 733
description of the continuous improvement plan developed by the 734
district pursuant to division (B) of this section to the parent or 735
guardian of each student enrolled in the district. If the district 736
does not have a continuous improvement plan, the district shall 737
develop such a plan in accordance with division (B) of this 738
section and provide a written description of the plan to the 739
parent or guardian of each student enrolled in the district.740

       (2) If a school district has been identified for improvement 741
for two consecutive school years, the district shall continue to 742
implement the continuous improvement plan developed by the 743
district pursuant to division (B) or (F)(1) of this section.744

       (3) If a school district has been identified for improvement 745
for three consecutive school years, the department shall take at 746
least one of the following corrective actions with respect to the 747
district:748

       (a) Withhold a portion of the funds the district is entitled 749
to receive under Title I, Part A of the "Elementary and Secondary 750
Education Act of 1965," 20 U.S.C. 6311 to 6339;751

       (b) Direct the district to replace key district personnel;752

       (c) Institute a new curriculum that is consistent with the 753
statewide academic standards adopted pursuant to division (A) of 754
section 3301.079 of the Revised Code;755

       (d) Establish alternative forms of governance for individual 756
school buildings within the district;757

       (e) Appoint a trustee to manage the district in place of the 758
district superintendent and board of education.759

       The department shall conduct individual audits of a sampling 760
of districts subject to this division to determine compliance with 761
the corrective actions taken by the department.762

       (4) If a school district has been identified for improvement 763
for four consecutive school years, the department shall continue 764
to monitor implementation of the corrective action taken under 765
division (F)(3) of this section with respect to the district.766

       (5) If a school district has been identified for improvement 767
for five consecutive school years, the department shall take at 768
least one of the corrective actions identified in division (F)(3) 769
of this section with respect to the district, provided that the 770
corrective action the department takes is different from the 771
corrective action previously taken under division (F)(3) of this 772
section with respect to the district.773

       (G) The department may establish a state intervention team to 774
evaluate all aspects of a school district or building, including 775
management, curriculum, instructional methods, resource 776
allocation, and scheduling. Any such intervention team shall be 777
appointed by the department and shall include teachers and 778
administrators recognized as outstanding in their fields. The 779
intervention team shall make recommendations regarding methods for 780
improving the performance of the district or building.781

       The department shall not approve a district's request for an 782
intervention team under division (E)(3) of this section if the 783
department cannot adequately fund the work of the team, unless the 784
district agrees to pay for the expenses of the team.785

       (H) The department shall conduct individual audits of a 786
sampling of community schools established under Chapter 3314. of 787
the Revised Code to determine compliance with this section.788

       (I) The state board shall adopt rules for implementing this 789
section.790

       Sec. 3302.061. (A) A school district board of education shall 791
review each application received under section 3302.06 of the 792
Revised Code and, within sixty days after receipt of the 793
application, shall approve or disapprove the application. In 794
reviewing applications, the board shall give preference to 795
applications that propose innovations in one or more of the 796
following areas:797

       (1) Curriculum;798

       (2) Student assessments, other than the assessments 799
prescribed by sections 3301.0710 and 3301.0712 of the Revised 800
Code;801

       (3) Class scheduling;802

       (4) Accountability measures, including innovations that 803
expand the number and variety of measures used in order to collect 804
more complete data about student academic performance. For this 805
purpose, schools may consider use of measures such as 806
end-of-course examinations, portfolios of student work, nationally 807
or internationally normed assessments, the percentage of students 808
enrolling in post-secondary education, or the percentage of 809
students simultaneously obtaining a high school diploma and an 810
associate's degree or certification to work in an industry or 811
career field.812

       (5) Provision of student services, including services for 813
students who are disabled, identified as gifted under Chapter 814
3324. of the Revised Code, limited English proficient, at risk of 815
academic failure or dropping out, or at risk of suspension or 816
expulsion;817

       (6) Provision of health, counseling, or other social services 818
to students;819

       (7) Preparation of students for transition to higher 820
education or the workforce;821

       (8) Teacher recruitment, employment, and evaluation;822

       (9) Compensation for school personnel;823

       (10) Professional development;824

       (11) School governance and the roles and responsibilities of 825
principals;826

       (12) Use of financial or other resources.827

       (B)(1) If the board approves an application seeking 828
designation as an innovation school, it shall so designate the 829
school that submitted the application. If the board approves an 830
application seeking designation as an innovation school zone, it 831
shall so designate the participating schools that submitted the 832
application.833

       (2) If the board disapproves an application, it shall provide 834
a written explanation of the basis for its decision to the school 835
or schools that submitted the application. The school or schools 836
may reapply for designation as an innovation school or innovation 837
school zone at any time.838

       (C) The board may approve an application that allows an 839
innovation school or a school participating in an innovation 840
school zone to determine the compensation of board employees 841
working in the school, but the total compensation for all such 842
employees shall not exceed the financial resources allocated to 843
the school by the board. The school shall not be required to 844
comply with the salary schedule adopted by the board under section 845
3311.78, 3317.14, or 3317.141 of the Revised Code. The board may 846
approve an application that allows an innovation school or a 847
school participating in an innovation school zone to remove board 848
employees from the school, but no employee shall be terminated 849
except as provided in section 3311.82, 3319.081, or 3319.16 of the 850
Revised Code.851

       (D) The board may do either of the following at any time:852

       (1) Designate a school as an innovation school by creating an 853
innovation plan for that school and offering the school an 854
opportunity to participate in the plan's creation;855

       (2) Designate as an innovation school zone two or more 856
schools that share common interests based on factors such as 857
geographical proximity or similar educational programs or that 858
serve the same classes of students as they advance to higher grade 859
levels, by creating an innovation plan for those schools and 860
offering the schools an opportunity to participate in the plan's 861
creation.862

       Sec. 3307.01.  As used in this chapter:863

       (A) "Employer" means the board of education, school district, 864
governing authority of any community school established under 865
Chapter 3314. of the Revised Code, a science, technology, 866
engineering, and mathematics school established under Chapter 867
3326. of the Revised Code, college, university, institution, or 868
other agency within the state by which a teacher is employed and 869
paid.870

       (B) "Teacher" means all of the following:871

       (1) Any person paid from public funds and employed in the 872
public schools of the state under any type of contract described 873
in section 3311.77 or 3319.08 of the Revised Code in a position 874
for which the person is required to have a license issued pursuant 875
to sections 3319.22 to 3319.31 of the Revised Code;876

       (2) Any person employed as a teacher by a community school or 877
a science, technology, engineering, and mathematics school 878
pursuant to Chapter 3314. or 3326. of the Revised Code;879

       (3) Any person having a license issued pursuant to sections 880
3319.22 to 3319.31 of the Revised Code and employed in a public 881
school in this state in an educational position, as determined by 882
the state board of education, under programs provided for by 883
federal acts or regulations and financed in whole or in part from 884
federal funds, but for which no licensure requirements for the 885
position can be made under the provisions of such federal acts or 886
regulations;887

       (4) Any other teacher or faculty member employed in any 888
school, college, university, institution, or other agency wholly 889
controlled and managed, and supported in whole or in part, by the 890
state or any political subdivision thereof, including Central 891
state university, Cleveland state university, and the university 892
of Toledo;893

       (5) The educational employees of the department of education, 894
as determined by the state superintendent of public instruction.895

       In all cases of doubt, the state teachers retirement board 896
shall determine whether any person is a teacher, and its decision 897
shall be final.898

       "Teacher" does not include any eligible employee of a public 899
institution of higher education, as defined in section 3305.01 of 900
the Revised Code, who elects to participate in an alternative 901
retirement plan established under Chapter 3305. of the Revised 902
Code.903

       (C) "Member" means any person included in the membership of 904
the state teachers retirement system, which shall consist of all 905
teachers and contributors as defined in divisions (B) and (D) of 906
this section and all disability benefit recipients, as defined in 907
section 3307.50 of the Revised Code. However, for purposes of this 908
chapter, the following persons shall not be considered members:909

       (1) A student, intern, or resident who is not a member while 910
employed part-time by a school, college, or university at which 911
the student, intern, or resident is regularly attending classes;912

       (2) A person denied membership pursuant to section 3307.24 of 913
the Revised Code;914

       (3) An other system retirant, as defined in section 3307.35 915
of the Revised Code, or a superannuate;916

       (4) An individual employed in a program established pursuant 917
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 918
U.S.C.A. 1501.919

       (D) "Contributor" means any person who has an account in the 920
teachers' savings fund or defined contribution fund.921

       (E) "Beneficiary" means any person eligible to receive, or in 922
receipt of, a retirement allowance or other benefit provided by 923
this chapter.924

       (F) "Year" means the year beginning the first day of July and 925
ending with the thirtieth day of June next following, except that 926
for the purpose of determining final average salary under the plan 927
described in sections 3307.50 to 3307.79 of the Revised Code, 928
"year" may mean the contract year.929

       (G) "Local district pension system" means any school teachers 930
pension fund created in any school district of the state in 931
accordance with the laws of the state prior to September 1, 1920.932

       (H) "Employer contribution" means the amount paid by an 933
employer, as determined by the employer rate, including the normal 934
and deficiency rates, contributions, and funds wherever used in 935
this chapter.936

       (I) "Five years of service credit" means employment covered 937
under this chapter and employment covered under a former 938
retirement plan operated, recognized, or endorsed by a college, 939
institute, university, or political subdivision of this state 940
prior to coverage under this chapter.941

       (J) "Actuary" means the actuarial consultant to the state 942
teachers retirement board, who shall be either of the following:943

       (1) A member of the American academy of actuaries;944

       (2) A firm, partnership, or corporation of which at least one 945
person is a member of the American academy of actuaries.946

       (K) "Fiduciary" means a person who does any of the following:947

       (1) Exercises any discretionary authority or control with 948
respect to the management of the system, or with respect to the 949
management or disposition of its assets;950

       (2) Renders investment advice for a fee, direct or indirect, 951
with respect to money or property of the system;952

       (3) Has any discretionary authority or responsibility in the 953
administration of the system.954

       (L)(1) Except as provided in this division, "compensation" 955
means all salary, wages, and other earnings paid to a teacher by 956
reason of the teacher's employment, including compensation paid 957
pursuant to a supplemental contract. The salary, wages, and other 958
earnings shall be determined prior to determination of the amount 959
required to be contributed to the teachers' savings fund or 960
defined contribution fund under section 3307.26 of the Revised 961
Code and without regard to whether any of the salary, wages, or 962
other earnings are treated as deferred income for federal income 963
tax purposes.964

       (2) Compensation does not include any of the following:965

       (a) Payments for accrued but unused sick leave or personal 966
leave, including payments made under a plan established pursuant 967
to section 124.39 of the Revised Code or any other plan 968
established by the employer;969

       (b) Payments made for accrued but unused vacation leave, 970
including payments made pursuant to section 124.13 of the Revised 971
Code or a plan established by the employer;972

       (c) Payments made for vacation pay covering concurrent 973
periods for which other salary, compensation, or benefits under 974
this chapter are paid;975

       (d) Amounts paid by the employer to provide life insurance, 976
sickness, accident, endowment, health, medical, hospital, dental, 977
or surgical coverage, or other insurance for the teacher or the 978
teacher's family, or amounts paid by the employer to the teacher 979
in lieu of providing the insurance;980

       (e) Incidental benefits, including lodging, food, laundry, 981
parking, or services furnished by the employer, use of the 982
employer's property or equipment, and reimbursement for 983
job-related expenses authorized by the employer, including moving 984
and travel expenses and expenses related to professional 985
development;986

       (f) Payments made by the employer in exchange for a member's 987
waiver of a right to receive any payment, amount, or benefit 988
described in division (L)(2) of this section;989

       (g) Payments by the employer for services not actually 990
rendered;991

       (h) Any amount paid by the employer as a retroactive increase 992
in salary, wages, or other earnings, unless the increase is one of 993
the following:994

       (i) A retroactive increase paid to a member employed by a 995
school district board of education in a position that requires a 996
license designated for teaching and not designated for being an 997
administrator issued under section 3319.22 of the Revised Code 998
that is paid in accordance with uniform criteria applicable to all 999
members employed by the board in positions requiring the licenses;1000

       (ii) A retroactive increase paid to a member employed by a 1001
school district board of education in a position that requires a 1002
license designated for being an administrator issued under section 1003
3319.22 of the Revised Code that is paid in accordance with 1004
uniform criteria applicable to all members employed by the board 1005
in positions requiring the licenses;1006

       (iii) A retroactive increase paid to a member employed by a 1007
school district board of education as a superintendent that is 1008
also paid as described in division (L)(2)(h)(i) of this section;1009

       (iv) A retroactive increase paid to a member employed by an 1010
employer other than a school district board of education in 1011
accordance with uniform criteria applicable to all members 1012
employed by the employer.1013

       (i) Payments made to or on behalf of a teacher that are in 1014
excess of the annual compensation that may be taken into account 1015
by the retirement system under division (a)(17) of section 401 of 1016
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1017
401(a)(17), as amended. For a teacher who first establishes 1018
membership before July 1, 1996, the annual compensation that may 1019
be taken into account by the retirement system shall be determined 1020
under division (d)(3) of section 13212 of the "Omnibus Budget 1021
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.1022

       (j) Payments made under division (B), (C), or (E) of section 1023
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill 1024
No. 3 of the 119th general assembly, Section 3 of Amended 1025
Substitute Senate Bill No. 164 of the 124th general assembly, or 1026
Amended Substitute House Bill No. 405 of the 124th general 1027
assembly;1028

       (k) Anything of value received by the teacher that is based 1029
on or attributable to retirement or an agreement to retire.1030

       (3) The retirement board shall determine by rule both of the 1031
following:1032

       (a) Whether particular forms of earnings are included in any 1033
of the categories enumerated in this division;1034

       (b) Whether any form of earnings not enumerated in this 1035
division is to be included in compensation.1036

       Decisions of the board made under this division shall be 1037
final.1038

       (M) "Superannuate" means both of the following:1039

       (1) A former teacher receiving from the system a retirement 1040
allowance under section 3307.58 or 3307.59 of the Revised Code;1041

       (2) A former teacher receiving a benefit from the system 1042
under a plan established under section 3307.81 of the Revised 1043
Code, except that "superannuate" does not include a former teacher 1044
who is receiving a benefit based on disability under a plan 1045
established under section 3307.81 of the Revised Code.1046

       For purposes of sections 3307.35 and 3307.353 of the Revised 1047
Code, "superannuate" also means a former teacher receiving from 1048
the system a combined service retirement benefit paid in 1049
accordance with section 3307.57 of the Revised Code, regardless of 1050
which retirement system is paying the benefit.1051

       Sec. 3311.71.  (A) As used in this section and in sections 1052
3311.72 to 3311.763311.86 of the Revised Code:1053

       (1) "Municipal school district" means a school district that 1054
is or has ever been under a federal court order requiring 1055
supervision and operational, fiscal, and personnel management of 1056
the district by the state superintendent of public instruction.1057

       (2) "Mayor" means the mayor of the municipal corporation 1058
containing the greatest portion of a municipal school district's 1059
territory.1060

       (B) Whenever any municipal school district is released by a 1061
federal court from an order requiring supervision and operational, 1062
fiscal, and personnel management of the district by the state 1063
superintendent, the management and control of that district shall 1064
be assumed, effective immediately, by a new nine-member board of 1065
education. Members of the new board shall be appointed by the 1066
mayor, who shall also designate one member as the chairperson of 1067
the board. In addition to the rights, authority, and duties 1068
conferred upon the chairperson by sections 3311.71 to 3311.761069
3311.86 of the Revised Code, the chairperson shall have all the 1070
rights, authority, and duties conferred upon the president of a 1071
board of education by the Revised Code that are not inconsistent 1072
with sections 3311.71 to 3311.763311.86 of the Revised Code.1073

       (C) No school board member shall be appointed by the mayor 1074
pursuant to division (B) of this section until the mayor has 1075
received a slate of at least eighteen candidates nominated by a 1076
municipal school district nominating panel, at least three of whom 1077
reside in the municipal school district but not in the municipal 1078
corporation containing the greatest portion of the district's 1079
territory. The municipal school district nominating panel shall be 1080
initially convened and chaired by the state superintendent of 1081
public instruction, who shall serve as a nonvoting member for the 1082
first two years of the panel's existence, and shall consist of 1083
eleven persons selected as follows:1084

       (1) Three parents or guardians of children attending the 1085
schools of the municipal school district appointed by the district 1086
parent-teacher association, or similar organization selected by 1087
the state superintendent;1088

       (2) Three persons appointed by the mayor;1089

       (3) One person appointed by the president of the legislative 1090
body of the municipal corporation containing the greatest portion 1091
of the municipal school district's territory;1092

       (4) One teacher appointed by the collective bargaining 1093
representative of the school district's teachers;1094

       (5) One principal appointed through a vote of the school 1095
district's principals, which vote shall be conducted by the state 1096
superintendent;1097

       (6) One representative of the business community appointed by 1098
an organized collective business entity selected by the mayor;1099

       (7) One president of a public or private institution of 1100
higher education located within the municipal school district 1101
appointed by the state superintendent of public instruction.1102

       The municipal school district nominating panel shall select 1103
one of its members as its chairperson commencing two years after 1104
the date of the first meeting of the panel, at which time the 1105
state superintendent of public instruction shall no longer convene 1106
or chair the panel. Thereafter, the panel shall meet as necessary 1107
to make nominations at the call of the chairperson. All members of 1108
the panel shall serve at the pleasure of the appointing authority. 1109
Vacancies on the panel shall be filled in the same manner as the 1110
initial appointments.1111

       (D) No individual shall be appointed by the mayor pursuant to 1112
division (B) or (F) of this section unless the individual has been 1113
nominated by the nominating panel, resides in the school district, 1114
and holds no elected public office. At any given time, four of the 1115
nine members appointed by the mayor to serve on the board pursuant 1116
to either division (B) or (F) of this section shall have 1117
displayed, prior to appointment, significant expertise in either 1118
the education field, finance, or business management. At all times 1119
at least one member of the board shall be an individual who 1120
resides in the municipal school district but not in the municipal 1121
corporation containing the greatest portion of the district's 1122
territory.1123

       (E) The terms of office of all members appointed by the mayor 1124
pursuant to division (B) of this section shall expire on the next 1125
thirtieth day of June following the referendum election required 1126
by section 3311.73 of the Revised Code. The mayor may, with the 1127
advice and consent of the nominating panel, remove any member 1128
appointed pursuant to that division or division (F) of this 1129
section for cause.1130

       (F) If the voters of the district approve the continuation of 1131
an appointed board at the referendum election required by section 1132
3311.73 of the Revised Code, the mayor shall appoint the members 1133
of a new board from a slate prepared by the nominating panel in 1134
the same manner as the initial board was appointed pursuant to 1135
divisions (B), (C), and (D) of this section. Five of the members 1136
of the new board shall be appointed to four-year terms and the 1137
other four shall be appointed to two-year terms, each term 1138
beginning on the first day of July. Thereafter, the mayor shall 1139
appoint members to four-year terms in the same manner as described 1140
in divisions (B), (C), and (D) of this section. The minimum number 1141
of individuals who shall be on the slate prepared by the 1142
nominating panel for this purpose shall be at least twice the 1143
number of members to be appointed, including at least two who 1144
reside in the municipal school district but not in the municipal 1145
corporation containing the greatest portion of the district's 1146
territory.1147

       (G) In addition to the nine members appointed by the mayor, 1148
the boards appointed pursuant to divisions (B) and (F) of this 1149
section shall include the following nonvoting ex officio members:1150

       (1) If the main campus of a state university specified in 1151
section 3345.011 of the Revised Code is located within the 1152
municipal school district, the president of the university or the 1153
president's designee;1154

       (2) If any community college has its main branch located 1155
within the district, the president of the community college that 1156
has the largest main branch within the district, or the 1157
president's designee.1158

       Sec. 3311.72.  This section does not apply to any principal, 1159
assistant principal, or other administrator who is employed to 1160
perform administrative functions primarily within one school 1161
building.1162

       (A) On the effective date of the assumption of control of a 1163
municipal school district by the new board of education pursuant 1164
to division (B) of section 3311.71 of the Revised Code, the 1165
treasurer, business manager, superintendent, assistant 1166
superintendents, and other administrators of the school district 1167
shall submit their resignations to the board. As used in this 1168
section, "other administrator" has the same meaning as in section 1169
3319.02 of the Revised Code.1170

       (B) Notwithstanding Chapter 3319. of the Revised Code:1171

       (1) Until thirty months after the date of the assumption of 1172
control of a municipal school district by a board pursuant to 1173
division (B) of section 3311.71 of the Revised Code, the mayor 1174
shall appoint the chief executive officer and fill any vacancies 1175
occurring in that position.1176

       (2) After the board appointed pursuant to division (B) of 1177
section 3311.71 of the Revised Code has been in control of a 1178
municipal school district for thirty months, the mayor shall 1179
appoint the chief executive officer and fill any vacancies 1180
occurring in that position, with the concurrence of the board.1181

       (3) After the first date of the assumption of control of a 1182
municipal school district by a board pursuant to division (F) of 1183
section 3311.71 of the Revised Code, the board shall appoint the 1184
chief executive officer and fill any vacancies occurring in that 1185
position, with the concurrence of the mayor.1186

       (4) An individual appointed to the position of chief 1187
executive officer under division (B)(1), (2), or (3) of this 1188
section shall have a contract with the school district that 1189
includes such terms and conditions of employment as are agreeable 1190
to the board and the appointee, except that each such contract 1191
shall contain a provision stating that, unless the individual 1192
chooses to terminate the contract at a prior time:1193

       (a) During the first thirty months after the date of the 1194
assumption of control of the municipal school district by the 1195
board pursuant to division (B) of section 3311.71 of the Revised 1196
Code, the individual will serve at the pleasure of the mayor;1197

       (b) Beginning thirty months after the date of assumption of 1198
control, the individual will serve at the pleasure of the board, 1199
with the mayor's concurrence required for removal.1200

       (C) The chief executive officer shall appoint a chief 1201
financial officer, a chief academic officer, a chief operating 1202
officer, and a chief communications officer and any other 1203
administrators for the district as the chief executive officer 1204
shall determine to be necessary. The chief executive officer shall 1205
also appoint ombudspersons who shall answer questions and seek to 1206
resolve problems and concerns raised by parents and guardians of 1207
children attending district schools. The chief executive officer 1208
shall appoint a sufficient number of ombudspersons to serve the 1209
needs of the parents and guardians.1210

       A municipal school district is not required to have a 1211
superintendent appointed pursuant to section 3319.01 of the 1212
Revised Code or a treasurer elected pursuant to section 3313.22 of 1213
the Revised Code. In addition to the rights, authority, and duties 1214
conferred upon the chief executive officer and chief financial 1215
officer in sections 3311.71 to 3311.763311.86 of the Revised 1216
Code, the chief executive officer and the chief financial officer 1217
shall have all of the rights, authority, and duties conferred upon 1218
the superintendent of a school district and the treasurer of a 1219
board of education, respectively, by the Revised Code that are not 1220
inconsistent with sections 3311.71 to 3311.763311.86 of the 1221
Revised Code.1222

       (D) Notwithstanding Chapters 124. and 3319. of the Revised 1223
Code, an individual appointed to an administrative position in a 1224
municipal school district by its chief executive officer shall 1225
have a contract with the school district that includes such terms 1226
and conditions of employment as are agreeable to the chief 1227
executive officer and the appointee, except that each such 1228
contract shall contain a provision stating that, unless the 1229
appointee chooses to terminate the contract at a prior time, the 1230
appointee will serve at the pleasure of the chief executive 1231
officer.1232

       (E) The chief executive officer shall also contract for or 1233
employ such consultants, counsel, or other outside parties as in 1234
the chief executive officer's reasonable judgment shall be 1235
necessary to design, implement, or evaluate the plan required by 1236
section 3311.74 of the Revised Code and to properly operate the 1237
school district, subject to appropriations by the board.1238

       (F) Notwithstanding section 3301.074 and Chapter 3319. of the 1239
Revised Code, no person appointed under this section shall be 1240
required to hold any license, certificate, or permit.1241

       Sec. 3311.74.  (A) The board of education of a municipal 1242
school district, in consultation with the department of education, 1243
shall set goals for the district's educational, financial, and 1244
management progress and establish accountability standards with 1245
which to measure the district's progress.1246

       (B) The chief executive officer of a municipal school 1247
district shall develop, implement, and regularly update a plan to 1248
measure student academic performance at each school within the 1249
district. WhereThe plan developed by the chief executive officer 1250
shall include a component that requires the parents or guardians 1251
of students who attend low-performing schools to attend, prior to 1252
the thirty-first day of December each year, at least one 1253
parent-teacher conference or similar event held by the school the 1254
student attends to provide an opportunity for the parents and 1255
guardians to meet the student's teachers, discuss expectations for 1256
the student, discuss the student's performance, and foster 1257
communication between home and school.1258

       Where measurements demonstrate that students in particular 1259
schools are not achieving, or are not improving their achievement 1260
levels at an acceptable rate, the plan shall contain provisions 1261
requiring the chief executive officer, with the concurrence of the 1262
board, to take corrective action within those schools, including, 1263
but not limited to, reallocation of academic and financial 1264
resources, reassignment of staff, redesign of academic program,1265
programs, adjusting the length of the school year or school day,1266
and deploying additional assistance to students. Prior to taking 1267
corrective action pursuant to the plan, the chief executive 1268
officer shall confer with the leaders of the labor organizations 1269
whose members will be affected by the corrective action.1270

       Notwithstanding anything to the contrary in Chapter 4117. of 1271
the Revised Code, the content of the plan developed under this 1272
division and any actions taken to implement the plan prevail over 1273
any conflicting provision of a collective bargaining agreement 1274
entered into on or after the effective date of this amendment.1275

       (C) Annually the chief executive officer shall issue a report 1276
to residents of the district that includes results of achievement 1277
measurements made under division (B) of this section and 1278
delineates the nature of any reforms and corrective actions being 1279
taken in response to any failure to achieve at an acceptable level 1280
or rate. The report shall also contain descriptions of efforts 1281
undertaken to improve the overall quality or efficiency of 1282
operation of the district, shall list the source of all district 1283
revenues, and shall contain a description of all district 1284
expenditures during the preceding fiscal year.1285

       (D) The chief executive officer shall implement a public 1286
awareness campaign to keep the parents and guardians of the 1287
district's students informed of the changes being implemented 1288
within the district. The campaign may include such methods as 1289
community forums, letters, and brochures. It shall include annual 1290
distribution to all parents and guardians of an information card 1291
specifying the names and business addresses and telephone numbers 1292
of the ombudspersons appointed under section 3311.72 of the 1293
Revised Code and other employees of the district board of 1294
education who may serve as information resources for parents and 1295
guardians.1296

       Sec. 3311.76.  (A) Notwithstanding Chapters 3302. and 3317. 1297
of the Revised Code, upon written request of the district chief 1298
executive officer, the state superintendent of public instruction 1299
may exempt a municipal school district from any rules adopted 1300
underrequirement of Title XXXIII of the Revised Code or any rule 1301
adopted under that title, except for any requirement of or rule 1302
adopted under Chapter 3307. or 3309., any of sections 3319.07 to 1303
3319.21 that apply to a municipal school district, or Chapter 1304
3323. of the Revised Code, and may authorize a municipal school 1305
district to apply funds allocated to the district under Chapter 1306
3317. of the Revised Code, except those specifically allocated to 1307
purposes other than current expenses, to the payment of debt 1308
charges on the district's public obligations. The request must 1309
specify the provisionsrequirements or rules from which the 1310
district is seeking exemption or the application requested and the 1311
reasons for the request. The state superintendent shall approve 1312
the request if the superintendent finds the requested exemption or 1313
application is in the best interest of the district's students. 1314
The superintendent shall approve or disapprove the request within 1315
thirty days and shall notify the district board and the district 1316
chief executive officer of approval or reasons for disapproving 1317
the request.1318

       (B) In addition to the rights, authority, and duties 1319
conferred upon a municipal school district and its board of 1320
education in sections 3311.71 to 3311.763311.86 of the Revised 1321
Code, a municipal school district and its board shall have all of 1322
the rights, authority, and duties conferred upon a city school 1323
district and its board by law that are not inconsistent with 1324
sections 3311.71 to 3311.763311.86 of the Revised Code.1325

       Sec. 3311.77.  Notwithstanding any provision of the Revised 1326
Code to the contrary, and except as otherwise specified in 1327
division (G)(1) of this section, a municipal school district shall 1328
be subject to this section instead of section 3319.08 of the 1329
Revised Code. Section 3319.0811 of the Revised Code shall not 1330
apply to the district.1331

       (A) The board of education of each municipal school district 1332
shall enter into written contracts for the employment and 1333
re-employment of all teachers. Contracts for the employment of 1334
teachers shall be of three types, limited contracts, extended 1335
limited contracts, and continuing contracts. If the board 1336
authorizes compensation in addition to the salary paid under 1337
section 3311.78 of the Revised Code for the performance of duties 1338
by a teacher that are in addition to the teacher's regular 1339
teaching duties, the board shall enter into a supplemental written 1340
contract with each teacher who is to perform additional duties. 1341
Such supplemental written contracts shall be limited contracts. 1342
Such written contracts and supplemental written contracts shall 1343
set forth the teacher's duties and shall specify the salaries and 1344
compensation to be paid for regular teaching duties and additional 1345
teaching duties, respectively.1346

       If the board adopts a motion or resolution to employ a 1347
teacher under a limited contract or extended limited contract, or 1348
under a continuing contract pursuant to division (E) of this 1349
section, and the teacher accepts such employment, the failure of 1350
such parties to execute a written contract shall not void such 1351
employment contract.1352

       (B) Teachers shall be paid for all time lost when the schools 1353
in which they are employed are closed due to an epidemic or other 1354
public calamity, and for time lost due to illness or otherwise for 1355
not less than five days annually as authorized by regulations 1356
which the board shall adopt.1357

       (C) The term of a limited contract for a teacher shall not 1358
exceed the following:1359

       (1) Five years, in the case of a contract entered into prior 1360
to the effective date of this section;1361

       (2) A term as authorized in division (D) of this section, in 1362
the case of a contract entered into on or after the effective date 1363
of this section.1364

       (D) The term of an initial limited contract for a teacher 1365
described in division (C)(2) of this section shall not exceed two 1366
years. Any subsequent limited contract entered into with that 1367
teacher shall not exceed five years.1368

       (E) A continuing contract is a contract that remains in 1369
effect until the teacher resigns, elects to retire, or is retired 1370
pursuant to former section 3307.37 of the Revised Code, or until 1371
it is terminated or suspended and shall be granted only to 1372
teachers who have provided notice of their eligibility by the 1373
fifteenth day of September of the year the teacher becomes 1374
eligible for a continuing contract and who have met one of the 1375
following criteria:1376

       (1) The teacher holds a professional, permanent, or life 1377
teacher's certificate;1378

       (2) The teacher meets the following conditions:1379

       (a) The teacher was initially issued a teacher's certificate 1380
or educator license prior to January 1, 2011.1381

       (b) The teacher holds a professional educator license issued 1382
under section 3319.22 or 3319.222 or former section 3319.22 of the 1383
Revised Code or a senior professional educator license or lead 1384
professional educator license issued under section 3319.22 of the 1385
Revised Code.1386

       (c) The teacher has completed the applicable one of the 1387
following:1388

       (i) If the teacher did not hold a master's degree at the time 1389
of initially receiving a teacher's certificate under former law or 1390
an educator license, thirty semester hours of coursework in the 1391
area of licensure or in an area related to the teaching field 1392
since the initial issuance of such certificate or license, as 1393
specified in rules which the state board of education shall adopt;1394

       (ii) If the teacher held a master's degree at the time of 1395
initially receiving a teacher's certificate under former law or an 1396
educator license, six semester hours of graduate coursework in the 1397
area of licensure or in an area related to the teaching field 1398
since the initial issuance of such certificate or license, as 1399
specified in rules which the state board shall adopt.1400

       (3) The teacher meets the following conditions:1401

       (a) The teacher never held a teacher's certificate and was 1402
initially issued an educator license on or after January 1, 2011.1403

       (b) The teacher holds a professional educator license, senior 1404
professional educator license, or lead professional educator 1405
license issued under section 3319.22 of the Revised Code.1406

       (c) The teacher has held an educator license for at least 1407
seven years.1408

       (d) The teacher has completed the applicable one of the 1409
following:1410

       (i) If the teacher did not hold a master's degree at the time 1411
of initially receiving an educator license, thirty semester hours 1412
of coursework in the area of licensure or in an area related to 1413
the teaching field since the initial issuance of that license, as 1414
specified in rules which the state board shall adopt;1415

       (ii) If the teacher held a master's degree at the time of 1416
initially receiving an educator license, six semester hours of 1417
graduate coursework in the area of licensure or in an area related 1418
to the teaching field since the initial issuance of that license, 1419
as specified in rules which the state board shall adopt.1420

       (F) Nothing in division (E) of this section shall be 1421
construed to void or otherwise affect a continuing contract 1422
entered into prior to the effective date of this section.1423

       (G) Notwithstanding any provision to the contrary in Chapter 1424
4117. of the Revised Code:1425

       (1) The requirements of division (D)(3) of section 3319.08 of 1426
the Revised Code prevail over any conflicting provisions of a 1427
collective bargaining agreement entered into between October 16, 1428
2009, and the effective date of this section.1429

       (2) The requirements of this section prevail over any 1430
conflicting provisions of a collective bargaining agreement 1431
entered into on or after the effective date of this section.1432

       (H) Wherever the term "educator license" is used in this 1433
section without reference to a specific type of educator license, 1434
the term does not include an educator license for substitute 1435
teaching issued under section 3319.226 of the Revised Code.1436

       Sec. 3311.78.  Notwithstanding any provision of the Revised 1437
Code to the contrary, a municipal school district shall be subject 1438
to this section instead of sections 3317.13, 3317.14, and 3317.141 1439
of the Revised Code.1440

       (A) As used in this section, "principal" includes an 1441
assistant principal.1442

       (B) The board of education of each municipal school district 1443
annually shall adopt separate, differentiated salary schedules for 1444
teachers and principals based upon performance as described in 1445
division (C) of this section. For each teacher or principal hired 1446
on or after the effective date of this section, the board shall 1447
determine the teacher's or principal's initial placement on the 1448
applicable salary schedule based on years of experience and area 1449
of licensure and any other factors the board considers 1450
appropriate.1451

       (C) For purposes of the schedules, the board shall measure a 1452
teacher's or principal's performance by considering all of the 1453
following:1454

       (1) The level of license issued under section 3319.22 of the 1455
Revised Code that the teacher or principal holds;1456

       (2) Whether the teacher or principal is a highly qualified 1457
teacher, as defined in section 3319.074 of the Revised Code;1458

       (3) Ratings received by the teacher or principal on 1459
performance evaluations conducted under section 3311.80 or 3311.84 1460
of the Revised Code.1461

       (D) The salary schedules adopted under this section may 1462
provide for additional compensation for teachers or principals who 1463
agree to perform duties, not contracted for under a supplemental 1464
contract, that the board determines warrant additional 1465
compensation. Those duties may include, but are not limited to, 1466
assignment to a school building eligible for funding under Title I 1467
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 1468
6301 et seq.; assignment to a building in "school improvement" 1469
status under the "No Child Left Behind Act of 2001," as defined in 1470
section 3302.01 of the Revised Code; teaching in a grade level or 1471
subject area in which the board has determined there is a shortage 1472
within the district; or assignment to a hard-to-staff school, as 1473
determined by the board.1474

       (E) The board annually shall review the salary of each 1475
teacher and principal. The board may increase a teacher's or 1476
principal's salary based on the teacher's or principal's 1477
performance or as provided for in division (D) of this section. 1478
The performance-based increase for a teacher or principal rated as 1479
accomplished shall be greater than the performance-based increase 1480
for a teacher or principal rated as proficient. Notwithstanding 1481
division (C) of section 3319.02 and section 3319.12 of the Revised 1482
Code, the board may decrease the teacher's or principal's salary 1483
if the teacher or principal will perform fewer or different duties 1484
described in division (D) of this section in the school year for 1485
which the salary is decreased.1486

       (F) Notwithstanding any provision to the contrary in Chapter 1487
4117. of the Revised Code, the requirements of this section 1488
prevail over any conflicting provisions of a collective bargaining 1489
agreement entered into on or after the effective date of this 1490
section.1491

       Sec. 3311.79.  (A) When assigning teachers to schools of a 1492
municipal school district, each teacher who is a candidate for an 1493
open position at a particular school shall be interviewed by a 1494
building level team comprised of the building principal and 1495
teachers already assigned to the school building. The team shall 1496
make recommendations whether to assign a teacher to an open 1497
position in the building based on how suitably the teacher's 1498
credentials fulfill the needs of the particular school. For this 1499
purpose, the building level team shall consider the following 1500
credentials:1501

       (1) The level of license issued under section 3319.22 of the 1502
Revised Code that the teacher holds;1503

       (2) The number of subject areas the teacher is licensed to 1504
teach;1505

       (3) Whether the teacher is a highly qualified teacher, as 1506
defined in section 3319.074 of the Revised Code;1507

       (4) The results of the teacher's performance evaluations 1508
conducted under section 3311.80 of the Revised Code;1509

       (5) Whether the teacher has recently taught and been 1510
evaluated in the subject areas the teacher would teach at the 1511
school;1512

       (6) Any specialized training or experience the teacher 1513
possesses;1514

       (7) Any other credentials established by the district chief 1515
executive officer or a building level team.1516

       (B) In order for a candidate to be assigned to a position in 1517
the building, the principal shall take into consideration the 1518
recommendations of the entire building level team. The building 1519
level team shall make its recommendations to the district chief 1520
executive officer or the chief executive officer's designee for 1521
the chief executive officer's or designee's final approval of the 1522
assignment. 1523

       (C) In the event that open positions in one or more school 1524
buildings have not been filled through the procedures set forth in 1525
divisions (A) and (B) of this section by ten days prior to the 1526
first work day for teachers of the school year, the district chief 1527
executive officer or the chief executive officer's designee shall 1528
assign teachers to any of those open positions based on the 1529
credential factors prescribed in divisions (A)(1) to (7) of this 1530
section. 1531

       (D) In the event that a teacher must be reassigned after the 1532
first student day of the school year, the building level team 1533
interview and recommendation procedures set forth in divisions (A) 1534
and (B) of this section shall be used to fill open positions. If 1535
any positions remain open on or after ten days prior to the last 1536
day of the first grading period of the school year, the district 1537
chief executive officer or the chief executive officer's designee 1538
shall assign teachers to any of those open positions based on the 1539
credential factors prescribed in divisions (A)(1) to (7) of this 1540
section. 1541

       (E) The district chief executive officer or a building level 1542
team shall not use seniority or continuing contract status as the 1543
primary factor in determining any teacher's assignment to a 1544
school.1545

       (F) Notwithstanding any provision to the contrary in Chapter 1546
4117. of the Revised Code, the requirements of this section 1547
prevail over any conflicting provisions of a collective bargaining 1548
agreement entered into on or after the effective date of this 1549
section.1550

       Sec. 3311.80. Notwithstanding any provision of the Revised 1551
Code to the contrary, a municipal school district shall be subject 1552
to this section instead of section 3319.111 of the Revised Code.1553

       (A) Not later than July 1, 2013, the board of education of 1554
each municipal school district, in consultation with teachers 1555
employed by the board, shall adopt a standards-based teacher 1556
evaluation policy that conforms with the framework for evaluation 1557
of teachers developed under section 3319.112 of the Revised Code. 1558
The formal observations and classroom walk-throughs required by 1559
that section may be announced or unannounced and may be made at 1560
any time during the school year, provided that the formal 1561
observations shall be conducted at least thirty days apart. 1562
Evaluations conducted under the policy also may include 1563
examinations of samples of work, such as lesson plans or 1564
assessments designed by a teacher, and multiple measures of 1565
student academic growth.1566

       (B) When using measures of student academic growth as a 1567
component of a teacher's evaluation, those measures shall include 1568
the value-added progress dimension prescribed by section 3302.021 1569
of the Revised Code. For teachers of grade levels and subjects for 1570
which the value-added progress dimension is not applicable, the 1571
board shall administer assessments on the list developed under 1572
division (B)(2) of section 3319.112 of the Revised Code.1573

       (C)(1) The board shall conduct an evaluation of each teacher 1574
employed by the board at least once each school year, except as 1575
provided in division (C)(2) of this section. The evaluation shall 1576
be completed not later than the first day of June and the teacher 1577
shall receive a written report of the results of the evaluation 1578
within ten days after its completion.1579

       (2) The board may elect, by adoption of a resolution, to 1580
evaluate each teacher who received a rating of accomplished on the 1581
teacher's most recent evaluation conducted under this section once 1582
every two school years, except that the teacher shall be evaluated 1583
in any school year in which the teacher's contract is due to 1584
expire. The biennial evaluation shall be completed not later than 1585
the first day of June of the applicable school year, and the 1586
teacher shall receive a written report of the results of the 1587
evaluation within ten days after its completion.1588

       (D) Each evaluation conducted pursuant to this section shall 1589
be conducted by one or more of the following:1590

       (1) The chief executive officer of the school district or a 1591
subordinate officer of the district with responsibility for 1592
instruction or academic affairs;1593

       (2) A person who is under contract with the board pursuant to 1594
section 3319.02 of the Revised Code and holds a license designated 1595
for being a principal issued under section 3319.22 of the Revised 1596
Code;1597

       (3) A person who is under contract with the board pursuant to 1598
section 3319.02 of the Revised Code and holds a license designated 1599
for being a vocational director or a supervisor in any educational 1600
area issued under section 3319.22 of the Revised Code;1601

       (4) A person designated to conduct evaluations under an 1602
agreement providing for peer review entered into by the board and 1603
representatives of teachers employed by the board.1604

       (E) The board shall include in its evaluation policy 1605
procedures for using the evaluation results for decisions 1606
regarding retention, promotion, and reductions in force and for 1607
removal of poorly performing teachers. The board shall not base 1608
the decision to retain a teacher on seniority or continuing 1609
contract status, except that the board may consider seniority or 1610
continuing contract status when deciding between teachers in the 1611
same numerical category under division (B)(1) of section 3311.83 1612
of the Revised Code whose quality of performance, as measured in 1613
accordance with division (B) of that section, has been determined 1614
to be comparable.1615

       (F) The board, in consultation with teachers employed by the 1616
board, shall adopt procedures under which a teacher who disagrees 1617
with the results of the teacher's evaluation may request a review 1618
and revision of the results. The decision, after review of the 1619
evaluation results, to uphold or revise those results shall be 1620
final and shall not be subject to further appeal.1621

       (G) Notwithstanding division (A) of section 4117.10 of the 1622
Revised Code, a teacher may not challenge the results of an 1623
evaluation, or a decision to uphold or revise those results issued 1624
under division (F) of this section, through the grievance 1625
procedure specified in any applicable collective bargaining 1626
agreement. However, the teacher may challenge any violations of 1627
the board's evaluation procedures through the grievance procedure 1628
specified in any applicable collective bargaining agreement, 1629
within thirty days after the date on which the teacher receives 1630
the evaluation, on the grounds that the board has not complied 1631
with this section. A challenge under this division is limited to 1632
the determination of procedural errors and to ordering the 1633
correction of procedural errors. The arbitrator shall have no 1634
jurisdiction to order the board to modify the evaluation results 1635
or any decision taken pursuant to division (E) of this section 1636
that is based on those results.1637

       (H) Notwithstanding any provision to the contrary in Chapter 1638
4117. of the Revised Code, the requirements of this section 1639
prevail over any conflicting provisions of a collective bargaining 1640
agreement entered into on or after the effective date of this 1641
section.1642

        (I) This section does not apply to administrators appointed 1643
by the chief executive officer of a municipal school district 1644
under section 3311.72 of the Revised Code, administrators subject 1645
to evaluation procedures under section 3311.84 or 3319.02 of the 1646
Revised Code, or to any teacher employed as a substitute for less 1647
than one hundred twenty days during a school year pursuant to 1648
section 3319.10 of the Revised Code.1649

       Sec. 3311.81.  Notwithstanding any provision of the Revised 1650
Code to the contrary, and except as otherwise specified in 1651
division (F) of this section, a municipal school district shall be 1652
subject to this section instead of section 3319.11 of the Revised 1653
Code.1654

       (A) As used in this section:1655

       (1) "Evaluation procedures" means the procedures required by 1656
the policy adopted pursuant to division (A) of section 3311.80 of 1657
the Revised Code.1658

       (2) "Limited contract" means a limited contract, as described 1659
in section 3311.77 of the Revised Code, that the board of 1660
education of a municipal school district enters into with a 1661
teacher who is not eligible for a continuing contract.1662

       (3) "Extended limited contract" means a limited contract, as 1663
described in section 3311.77 of the Revised Code, that the board 1664
enters into with a teacher who is eligible for a continuing 1665
contract, but to whom a continuing contract has not been granted 1666
by the board. 1667

       (B) The board of education of each municipal school district 1668
shall enter into a limited contract with each teacher employed by 1669
the board who is not eligible to be considered for a continuing 1670
contract.1671

       Any teacher employed under a limited contract, and not 1672
eligible to be considered for a continuing contract, is, at the 1673
expiration of such limited contract, considered re-employed at the 1674
same salary plus any increment provided by the salary schedule 1675
unless evaluation procedures have been complied with and the 1676
board, acting upon the written recommendation of the district's 1677
chief executive officer that the teacher not be re-employed, gives 1678
such teacher written notice of its intention not to re-employ such 1679
teacher on or before the first day of June. A teacher who does not 1680
have evaluation procedures applied or who does not receive notice 1681
of the intention of the board not to re-employ such teacher on or 1682
before the first day of June is presumed to have accepted such 1683
employment unless such teacher notifies the board in writing to 1684
the contrary on or before the fifteenth day of June, and a written 1685
contract for the succeeding school year shall be executed 1686
accordingly.1687

       Any teacher receiving a written notice of the intention of 1688
the board not to re-employ such teacher pursuant to this division 1689
is entitled to the hearing provisions of division (D) of this 1690
section.1691

       (C) The failure of the chief executive officer to make a 1692
recommendation to the board under division (B) of this section, or 1693
the failure of the board to give the teacher written notice under 1694
that division, shall result in the teacher being automatically 1695
re-employed under a limited contract for a period of one year, 1696
unless the board has indicated its intent to re-employ the teacher 1697
by offering the teacher a new limited contract. A failure of the 1698
parties to execute a written contract shall not void the automatic 1699
re-employment provisions of this section.1700

       (D)(1) Any teacher receiving written notice of the intention 1701
of the board not to re-employ such teacher pursuant to division 1702
(B) of this section may, within ten days of the date of receipt of 1703
the notice, file with the chief financial officer of the district 1704
a written demand for a written statement describing the 1705
circumstances that led to the board's intention not to re-employ 1706
the teacher.1707

       (2) The chief financial officer, on behalf of the board, 1708
shall, within ten days of the date of receipt of a written demand 1709
for a written statement pursuant to division (D)(1) of this 1710
section, provide to the teacher a written statement describing the 1711
circumstances that led to the board's intention not to re-employ 1712
the teacher.1713

       (3) Any teacher receiving a written statement describing the 1714
circumstances that led to the board's intention not to re-employ 1715
the teacher pursuant to division (D)(2) of this section may, 1716
within five days of the date of receipt of the statement, file 1717
with the chief financial officer a written demand for a hearing 1718
before the board pursuant to divisions (D)(4) to (6) of this 1719
section.1720

       (4) The chief financial officer, on behalf of the board, 1721
shall, within ten days of the date of receipt of a written demand 1722
for a hearing pursuant to division (D)(3) of this section, provide 1723
to the teacher a written notice setting forth the time, date, and 1724
place of the hearing. The board shall schedule and conclude the 1725
hearing within forty days of the date on which the chief financial 1726
officer receives the written demand for a hearing pursuant to 1727
division (D)(3) of this section.1728

       (5) Any hearing conducted pursuant to this division shall be 1729
conducted by a majority of the members of the board. The hearing 1730
shall be held in executive session of the board, unless the board 1731
and the teacher agree to hold the hearing in public. The chief 1732
executive officer, a designee of the chief executive officer, the 1733
principal of the school to which the teacher is assigned, the 1734
teacher, and any person designated by either party to take a 1735
record of the hearing may be present at the hearing. The board may 1736
be represented by counsel and the teacher may be represented by 1737
counsel or a designee. A record of the hearing may be taken by 1738
either party at the expense of the party taking the record.1739

       (6) Within ten days of the conclusion of a hearing conducted 1740
pursuant to division (D)(5) of this section, the board shall issue 1741
to the teacher a written decision containing an order affirming 1742
the intention of the board not to re-employ the teacher reported 1743
in the notice given to the teacher under division (B) of this 1744
section or an order vacating the intention not to re-employ and 1745
expunging any record of the intention, notice of the intention, 1746
and the hearing.1747

       (E)(1) In giving a teacher the notice required by division 1748
(B) of this section, the board shall do one of the following:1749

       (a) Deliver the notice by personal service upon the teacher;1750

       (b) Deliver the notice by certified mail, return receipt 1751
requested, addressed to the teacher at the teacher's place of 1752
employment;1753

       (c) Deliver the notice by certified mail, return receipt 1754
requested, addressed to the teacher at the teacher's place of 1755
residence.1756

       (2) In giving the board any notice required by division (B) 1757
of this section, the teacher shall do either of the following:1758

       (a) Deliver the notice by personal delivery to the office of 1759
the chief executive officer during regular business hours;1760

       (b) Deliver the notice by certified mail, return receipt 1761
requested, addressed to the office of the chief executive officer 1762
and deliver a copy of the notice by certified mail, return receipt 1763
requested, addressed to the president of the board at the 1764
president's place of residence.1765

       (3) When any notice or copy of the notice is mailed pursuant 1766
to division (E)(2)(b) of this section, the notice or copy of the 1767
notice with the earlier date of receipt shall constitute the 1768
notice for the purposes of division (B) of this section.1769

       (F)(1) Upon the recommendation of the chief executive officer 1770
that a teacher who satisfies the criteria in division (E)(2) or 1771
(3) of section 3311.77 of the Revised Code and has taught in the 1772
district for the number of years required under division (B) of 1773
section 3319.11 of the Revised Code be re-employed, the board 1774
shall enter into a continuing contract with the teacher, unless 1775
the board by a three-fourths vote of its full membership rejects 1776
the recommendation of the chief executive officer. If the board 1777
rejects the recommendation, or if the chief executive officer 1778
recommends that a teacher who satisfies the criteria in division 1779
(E)(2) or (3) of section 3311.77 of the Revised Code and has 1780
taught in the district for the number of years required under 1781
division (B) of section 3319.11 of the Revised Code not be 1782
re-employed, the board may proceed not to renew the teacher's 1783
contract in accordance with this section as if the teacher was not 1784
eligible to be considered for a continuing contract.1785

       (2) In the event the chief executive officer does not 1786
recommend to the board that a teacher who satisfies the criteria 1787
in division (E)(2) or (3) of section 3311.77 of the Revised Code 1788
and has taught in the district for the number of years required 1789
under division (B) of section 3319.11 of the Revised Code receive 1790
a continuing contract, the chief executive officer may recommend 1791
to the board that the teacher receive an extended limited 1792
contract. In that event, the board shall provide the teacher 1793
written notice, not less than five business days prior to any 1794
board action on the recommendation, and reasons directed at 1795
professional development. The board shall act on an extended 1796
limited contract, and the teacher shall be provided with reasons 1797
directed at professional development, not later than the first day 1798
of June. An extended limited contract may be issued:1799

       (a) For a teacher who has been awarded a continuing contract 1800
in another school district and has served in the municipal school 1801
district for two years, in one-year increments or for multiple 1802
years, in no event to exceed a total of two years;1803

       (b) For a teacher who is newly eligible for a continuing 1804
contract, for a term not to exceed four years. 1805

       Upon any subsequent reemployment of the teacher after the 1806
expiration of the extended limited contract or contracts, only a 1807
continuing contract may be entered into. The teacher is presumed 1808
to have accepted employment under such continuing contract unless 1809
the teacher notifies the board in writing to the contrary before 1810
the first day of June, and a continuing contract shall be executed 1811
accordingly. 1812

       (G) The provisions of this section shall not apply to any 1813
supplemental written contracts entered into pursuant to section 1814
3311.77 of the Revised Code.1815

       (H) Notwithstanding any provision to the contrary in Chapter 1816
4117. of the Revised Code, the requirements of this section 1817
prevail over any conflicting provisions of a collective bargaining 1818
agreement entered into on or after the effective date of this 1819
section.1820

       Sec. 3311.82.  Notwithstanding any provision of the Revised 1821
Code to the contrary, a municipal school district shall be subject 1822
to this section instead of sections 3319.16 and 3319.161 of the 1823
Revised Code with respect to termination of teacher contracts, but 1824
those sections shall apply to the district with respect to 1825
termination of contracts with other district employees licensed by 1826
the state board of education, subject to division (F) of section 1827
3311.84 of the Revised Code.1828

       (A) The board of education of a municipal school district may 1829
terminate the contract of a teacher employed by the board only for 1830
good and just cause. In addition, the board may place a teacher on 1831
disciplinary suspension for a definite period of time for good and 1832
just cause. For purposes of contract terminations, good and just 1833
cause shall include receiving an evaluation rating of ineffective 1834
under section 3311.80 of the Revised Code for two consecutive 1835
years.1836

       (B) The chief executive officer of the district, prior to 1837
recommending to the board that a teacher be terminated or placed 1838
on disciplinary suspension, shall appoint a designee to conduct an 1839
investigation and hold a fact-finding hearing to determine if 1840
consideration of termination or suspension is warranted. The 1841
designee shall provide the teacher with written notice of the 1842
grounds for the investigation and shall provide the teacher an 1843
opportunity to respond to the grounds during the fact-finding 1844
hearing. The fact-finding hearing shall be held within twenty-one 1845
days after receipt of the notice by the teacher, unless the 1846
teacher and the designee agree to an extension. The teacher may 1847
have a representative of the teacher's labor organization present 1848
during the fact-finding hearing. If the designee considers 1849
termination or disciplinary suspension to be warranted, within 1850
fourteen days after the fact-finding hearing, the designee shall 1851
provide the teacher with written notice of the designee's 1852
intention to recommend termination or suspension to the chief 1853
executive officer.1854

       (C)(1) After considering the designee's recommendation under 1855
division (B) of this section, if the chief executive officer 1856
determines that termination or disciplinary suspension of the 1857
teacher is warranted, within fourteen days after receiving the 1858
designee's recommendation, the chief executive officer shall 1859
provide the teacher written notice of the chief executive 1860
officer's intention to recommend termination or suspension to the 1861
board. The notice shall be sent by certified mail and shall 1862
include full specification of the grounds for the recommendation.1863

       (2) The chief executive officer may suspend a teacher without 1864
pay and benefits pending final action of the board to terminate 1865
the teacher's contract, if the board has delegated such authority 1866
to the chief executive officer and, in the chief executive 1867
officer's judgment, the character of the charges warrants such 1868
action. If the chief executive officer suspends the teacher under 1869
division (C)(2) of this section, the chief executive officer shall 1870
provide written notice of the suspension to the teacher by 1871
certified mail.1872

       (D) The board shall not proceed with formal action to 1873
terminate the teacher's contract or place the teacher on 1874
disciplinary suspension until after the tenth day after the 1875
teacher's receipt of the notice under division (C)(1) of this 1876
section. Within ten days after receipt of the notice, the teacher 1877
may file with the chief financial officer of the district a 1878
written demand for an opportunity to address the board regarding 1879
the chief executive officer's recommendation.1880

       (E) A teacher whose contract is terminated or who is placed 1881
on disciplinary suspension under this section may request final 1882
and binding arbitration in accordance with the grievance 1883
procedures specified in any applicable collective bargaining 1884
agreement. The failure of the board, chief executive officer, or 1885
designee of the chief executive officer to strictly comply with 1886
any deadline established by this section shall not be cause for an 1887
arbitrator to overturn the termination or disciplinary suspension, 1888
unless the arbitrator finds that the failure resulted in 1889
substantive harm to the teacher. The teacher may appeal to the 1890
court of common pleas regarding the termination or disciplinary 1891
suspension only on the grounds prescribed in Chapter 2711. of the 1892
Revised Code.1893

       (F) Notwithstanding any provision to the contrary in Chapter 1894
4117. of the Revised Code:1895

       (1) The provisions of section 3319.16 of the Revised Code 1896
relating to the grounds for termination of the contract of a 1897
teacher prevail over any conflicting provisions of a collective 1898
bargaining agreement entered into prior to the effective date of 1899
this section.1900

       (2) The requirements of this section prevail over any 1901
conflicting provisions of a collective bargaining agreement 1902
entered into on or after the effective date of this section.1903

       (G) A violation of division (A)(7) of section 2907.03 of the 1904
Revised Code is grounds for termination or disciplinary suspension 1905
of a teacher under this section.1906

       Sec. 3311.83. Notwithstanding any provision of the Revised 1907
Code to the contrary, and except as otherwise specified in 1908
division (F)(1) of this section, a municipal school district shall 1909
be subject to this section instead of section 3319.17 of the 1910
Revised Code with respect to suspension of teacher contracts, but 1911
section 3319.17 or 3319.171 of the Revised Code shall apply to the 1912
district with respect to suspension of contracts of other district 1913
employees licensed by the state board of education.1914

       (A) When, for any of the following reasons that apply to a 1915
municipal school district, the district board of education decides 1916
that it will be necessary to reduce the number of teachers it 1917
employs, it may make a reasonable reduction:1918

       (1) Return to duty of regular teachers after leaves of 1919
absence, including leaves of absence provided pursuant to section 1920
3319.13 or 3319.14 of the Revised Code;1921

       (2) Decreased enrollment of students in the district;1922

       (3) Academic reasons resulting in consolidation of teaching 1923
positions, duties, or functions or resulting in changes in 1924
educational programs;1925

       (4) Financial reasons;1926

       (5) Territorial changes affecting the district.1927

       (B) In making any such reduction, the board shall proceed to 1928
suspend contracts in accordance with the recommendation of the 1929
district's chief executive officer and divisions (B)(1) to (3) of 1930
this section.1931



       (1) Each teacher affected by the reduction, based on area of 1933
licensure, shall be placed in one of the following categories:1934

       (a) Category 1A, which shall contain all teachers on limited 1935
contracts with a composite evaluation rating of ineffective;1936

       (b) Category 1B, which shall contain all teachers on 1937
continuing contracts with a composite evaluation rating of 1938
ineffective;1939

       (c) Category 2A, which shall contain all teachers on limited 1940
contracts with a composite evaluation rating of developing;1941

       (d) Category 2B, which shall contain all teachers on 1942
continuing contracts with a composite evaluation rating of 1943
developing;1944

       (e) Category 3A, which shall contain all teachers on limited 1945
contracts with a composite evaluation rating of proficient;1946

       (f) Category 3B, which shall contain all teachers on 1947
continuing contracts with a composite evaluation rating of 1948
proficient;1949

       (g) Category 4A, which shall contain all teachers on limited 1950
contracts with a composite evaluation rating of accomplished;1951

       (h) Category 4B, which shall contain all teachers on 1952
continuing contracts with a composite evaluation rating of 1953
accomplished.1954

       (2) Reductions shall be made starting with teachers in 1955
category 1A and shall proceed sequentially through teachers in 1956
category 4B, until all necessary reductions have occurred.1957

       (3) Specialized training and experience shall be a factor in 1958
the order of reductions, regardless of a teacher's contract status 1959
or evaluation performance.1960

       (C) On a case-by-case basis, in lieu of suspending a contract 1961
in whole, the board may suspend a contract in part, so that an 1962
individual is required to work a percentage of the time the 1963
employee otherwise is required to work under the contract and 1964
receives a commensurate percentage of the full compensation the 1965
employee otherwise would receive under the contract.1966

       (D) The teachers whose continuing contracts are suspended by 1967
the board pursuant to this section shall have the right of 1968
restoration to continuing service status by the board if and when 1969
teaching positions become vacant or are created for which the 1970
teachers are or become qualified. The board shall rehire teachers 1971
in accordance with the recommendation of the chief executive 1972
officer. The board shall consider the overall quality of 1973
performance, as measured in accordance with division (B) of this 1974
section, the principal factor in the order of rehiring. No teacher 1975
whose continuing contract has been suspended pursuant to this 1976
section shall lose the right of restoration to continuing service 1977
status by reason of having declined recall to a position that is 1978
less than full-time or, if the teacher was not employed full-time 1979
just prior to suspension of the teacher's continuing contract, to 1980
a position requiring a lesser percentage of full-time employment 1981
than the position the teacher last held while employed in the 1982
district.1983

       (E) When suspending contracts or rehiring teachers under this 1984
section, the board shall not give preference to any teacher based 1985
on seniority or continuing contract status, except that the board 1986
may consider seniority or continuing contract status when deciding 1987
between teachers in the same numerical category under division 1988
(B)(1) of this section whose overall quality of performance, as 1989
measured in accordance with division (B) of this section, has been 1990
determined to be comparable.1991

       (F) Notwithstanding any provision to the contrary in Chapter 1992
4117. of the Revised Code:1993

       (1) The requirements of section 3319.17 of the Revised Code 1994
prevail over any conflicting provisions of a collective bargaining 1995
agreement entered into prior to the effective date of this 1996
section.1997

       (2) The requirements of this section prevail over any 1998
conflicting provisions of a collective bargaining agreement 1999
entered into on or after the effective date of this section. In 2000
addition, the board and the representative of the teachers' 2001
employment organization may negotiate additional factors to be 2002
considered in determining the order of reductions, which factors 2003
shall not be inconsistent with division (B) of this section.2004

       Sec. 3311.84.  Notwithstanding any provision of the Revised 2005
Code to the contrary, a municipal school district shall be subject 2006
to this section instead of division (D) of section 3319.02 of the 2007
Revised Code with respect to principals and assistant principals, 2008
but all other provisions of that section shall apply to the 2009
district with respect to principals and assistant principals. 2010
Section 3319.02 of the Revised Code in its entirety shall apply to 2011
the district with respect to employees other than principals and 2012
assistant principals who are covered by that section, except as 2013
otherwise provided in section 3311.72 of the Revised Code.2014

       (A) As used in this section, "principal" includes an 2015
assistant principal.2016

       (B) The board of education of each municipal school district 2017
shall adopt procedures for the evaluation of principals and shall 2018
evaluate all principals in accordance with those procedures. The 2019
procedures shall be based on principles comparable to the teacher 2020
evaluation policy adopted by the board under section 3311.80 of 2021
the Revised Code, but shall be tailored to the duties and 2022
responsibilities of principals and the environment in which 2023
principals work. Each evaluation shall measure the principal's 2024
effectiveness in performing the duties included in the principal's 2025
job description and shall be considered by the board in deciding 2026
whether to renew the principal's contract of employment. 2027

       (C) The evaluation procedures adopted under this section 2028
shall require each principal to be evaluated annually through a 2029
written evaluation process. The evaluation shall be conducted by 2030
the chief executive officer of the district, or the chief 2031
executive officer's designee.2032

       (D) To provide time to show progress in correcting 2033
deficiencies identified in the evaluation, each evaluation shall 2034
be completed as follows:2035

       (1) In any school year that the principal's contract of 2036
employment is not due to expire, at least one evaluation shall be 2037
completed in that year. A written copy of the evaluation shall be 2038
provided to the principal by the end of the principal's contract 2039
year as defined by the principal's annual salary notice.2040

       (2) In any school year that the principal's contract of 2041
employment is due to expire, at least a preliminary evaluation and 2042
a final evaluation shall be completed in that year. A written copy 2043
of the preliminary evaluation shall be provided to the principal 2044
at least sixty days prior to any action by the board on the 2045
principal's contract of employment. The final evaluation shall 2046
indicate the chief executive officer's intended recommendation to 2047
the board regarding a contract of employment for the principal. A 2048
written copy of the final evaluation shall be provided to the 2049
principal at least five days prior to the chief executive officer 2050
making the recommendation to the board.2051

       (E) At least thirty days prior to taking action to renew or 2052
not renew the contract of a principal, the board shall notify the 2053
principal of the board's intended action and that the principal 2054
may request a meeting with the board regarding the board's 2055
intended action. Upon request of the principal, the board shall 2056
grant the principal a meeting in executive session. In that 2057
meeting, the board shall discuss its reasons for considering 2058
renewal or nonrenewal of the contract. The principal shall be 2059
permitted to have a representative, chosen by the principal, 2060
present at the meeting.2061

       The establishment of evaluation procedures in accordance with 2062
this section shall not create an expectancy of continued 2063
employment. Nothing in this section shall prevent the board from 2064
making the final determination regarding the renewal or nonrenewal 2065
of a principal's contract.2066

       (F) Termination of a principal's contract shall be in 2067
accordance with section 3319.16 of the Revised Code, except as 2068
follows:2069

       (1) Failure of the principal's building to meet academic 2070
performance standards established by the chief executive officer 2071
shall be considered good and just cause for termination under that 2072
section.2073

       (2) If the chief executive officer intends to recommend to 2074
the board that the principal's contract be terminated, the chief 2075
executive officer shall provide the principal a written copy of 2076
the principal's evaluation at least five days prior to making the 2077
recommendation to the board.2078

       Sec. 3311.85.  (A) The board of education of each municipal 2079
school district annually shall approve a calendar or calendars 2080
establishing a school year that complies with the minimum school 2081
year prescribed by section 3313.48 of the Revised Code. At the 2082
board's discretion, the board may establish a school calendar for 2083
one or more of the district's school buildings that provides for 2084
additional student days beyond the minimum prescribed by that 2085
section or year-round instruction. 2086

       (B) Notwithstanding any provision to the contrary in Chapter 2087
4117. of the Revised Code, the requirements and authorizations of 2088
this section prevail over any conflicting provisions of a 2089
collective bargaining agreement entered into on or after the 2090
effective date of this section.2091

       Sec. 3311.86.  (A) As used in this section:2092

       (1) "Alliance" means a municipal school district 2093
transformation alliance established as a nonprofit corporation.2094

       (2) "Alliance municipal school district" means a municipal 2095
school district for which an alliance has been created under this 2096
section.2097

       (3) "Partnering community school" means a community school 2098
established under Chapter 3314. of the Revised Code that is 2099
located within the territory of a municipal school district and is 2100
sponsored by the district, receives services from the district, 2101
leases a building from the district, or is a party to an agreement 2102
with the district whereby the district and the community school 2103
endorse each other's programs.2104

       (4) "Transformation alliance education plan" means a plan 2105
prepared by the mayor, and confirmed by the alliance, to transform 2106
public education in the alliance municipal school district to a 2107
system of municipal school district schools and partnering 2108
community schools that will be held to the highest standards of 2109
school performance and student achievement.2110

       (B) If one or more partnering community schools are located 2111
in a municipal school district, the mayor may initiate proceedings 2112
to establish a municipal school district transformation alliance 2113
as a nonprofit corporation under Chapter 1702. of the Revised 2114
Code. The mayor shall appoint the initial directors of any 2115
alliance created under this section. The directors of the alliance 2116
shall include representatives of all of the following:2117

       (1) The municipal school district;2118

       (2) Partnering community schools;2119

       (3) Members of the community at large, including parents and 2120
educators;2121

       (4) The business community, including business leaders and 2122
foundation leaders.2123

        No one group listed in divisions (B)(1) to (4) of this 2124
section shall comprise a majority of the directors. The mayor 2125
shall be an ex officio director, and serve as the chairperson of 2126
the board of directors, of any alliance created under this 2127
section. If the proceedings are initiated, the mayor shall 2128
identify the initial directors in the articles of incorporation 2129
filed under section 1702.04 of the Revised Code.2130

       (C) If an alliance is created under this section, the 2131
alliance shall do all of the following:2132

       (1) Confirm and monitor implementation of the transformation 2133
alliance education plan;2134

       (2) Suggest national education models and develop venues for 2135
the community and institutions within the territory of the 2136
alliance municipal school district to provide input in the 2137
development of new schools within the territory of the district;2138

       (3) Work with the alliance municipal school district and 2139
partnering community schools to adopt a comprehensive, 2140
evidence-based framework to assess district and community schools 2141
and advocate for school performance accountability with the 2142
department of education. The alliance annually shall assess the 2143
performance of district schools and community schools using the 2144
framework adopted under this division. 2145

       (4) Communicate school choices within the territory of the 2146
alliance municipal school district by publishing and making 2147
available to parents and guardians of students an annual report 2148
summarizing the alliance's assessments of district and community 2149
school performance and providing, during the intradistrict open 2150
enrollment period under section 3313.97 of the Revised Code, 2151
information about educational choices; 2152

       (5) Assess community school growth and quality by applying 2153
national quality standards as they relate to the opening of 2154
community schools located within the territory of the alliance 2155
municipal school district or the closure of failing community 2156
schools located within the territory of the alliance municipal 2157
school district.2158

       (D) Divisions (D)(1) to (6) of this section apply to each 2159
community school proposed to be located in an alliance municipal 2160
school district and for which a contract under section 3314.03 of 2161
the Revised Code has not been signed prior to the effective date 2162
of this section.2163

        (1) Before the governing authority of a community school to 2164
which this division applies enters into a contract with a sponsor 2165
under section 3314.03 of the Revised Code, the governing authority 2166
shall request and receive approval from the alliance to establish 2167
the community school.2168

        (2) Before a person, group of individuals, or entity applies 2169
to the department of education under section 3314.029 of the 2170
Revised Code for authorization to establish a community school to 2171
which this division applies, the person, group, or entity shall 2172
request and receive approval from the alliance to establish the 2173
community school.2174

        (3) Each person or group of individuals that enters into a 2175
preliminary agreement under division (C) of section 3314.02 of the 2176
Revised Code for a community school that is subject to this 2177
division immediately shall file a copy of the agreement, and each 2178
amendment or supplement to the agreement, with the alliance.2179

        (4) The governing authority of each community school that is 2180
subject to this division immediately shall file a copy of the 2181
contract it enters into under section 3314.03 of the Revised Code, 2182
and each amendment or supplement to the contract, with the 2183
alliance. 2184

       (5) The alliance, in consultation with the department of 2185
education, shall establish objective criteria to be used in 2186
determining approval of community schools under this section and 2187
shall make the criteria available to community schools requesting 2188
approval under this section. 2189

       (6) A governing authority, person, group, or entity whose 2190
request under division (D)(1) or (2) of this section is denied may 2191
appeal to the department of education to review the alliance's 2192
decision. The department, using only the criteria established 2193
under division (D)(5) of this section, may affirm or reverse the 2194
alliance's decision. If the department reverses the alliance's 2195
decision, the governing authority may enter into a contract under 2196
section 3314.03 of the Revised Code, or the person, group, or 2197
entity may apply for authorization under section 3314.029 of the 2198
Revised Code. 2199

       (E) Directors, officers, and employees of an alliance are not 2200
public employees or public officials, are not subject to Chapters 2201
124., 145., and 4117. of the Revised Code, and are not "public 2202
officials" or "public servants" as defined in section 2921.01 of 2203
the Revised Code. Membership on the board of directors of an 2204
alliance does not constitute the holding of an incompatible public 2205
office or employment in violation of any statutory or common law 2206
prohibition against the simultaneous holding of more than one 2207
public office or employment. Members of the board of directors of 2208
an alliance are not disqualified from holding any public office by 2209
reason of that membership, and do not forfeit by reason of that 2210
membership the public office or employment held when appointed to 2211
the board, notwithstanding any contrary disqualification or 2212
forfeiture requirement under the Revised Code or the common law of 2213
this state.2214

       Sec. 3313.41.  (A) Except as provided in divisions (C), (D), 2215
(F), and (G) of this section or section 3313.412 of the Revised 2216
Code, when a board of education decides to dispose of real or 2217
personal property that it owns in its corporate capacity and that 2218
exceeds in value ten thousand dollars, it shall sell the property 2219
at public auction, after giving at least thirty days' notice of 2220
the auction by publication in a newspaper of general circulation 2221
in the school district, by publication as provided in section 7.16 2222
of the Revised Code, or by posting notices in five of the most 2223
public places in the school district in which the property, if it 2224
is real property, is situated, or, if it is personal property, in 2225
the school district of the board of education that owns the 2226
property. The board may offer real property for sale as an entire 2227
tract or in parcels.2228

       (B) When the board of education has offered real or personal 2229
property for sale at public auction at least once pursuant to 2230
division (A) of this section, and the property has not been sold, 2231
the board may sell it at a private sale. Regardless of how it was 2232
offered at public auction, at a private sale, the board shall, as 2233
it considers best, sell real property as an entire tract or in 2234
parcels, and personal property in a single lot or in several lots.2235

       (C) If a board of education decides to dispose of real or 2236
personal property that it owns in its corporate capacity and that 2237
exceeds in value ten thousand dollars, it may sell the property to 2238
the adjutant general; to any subdivision or taxing authority as 2239
respectively defined in divisions (A) and (C) of section 5705.01 2240
of the Revised Code, township park district, board of park 2241
commissioners established under Chapter 755. of the Revised Code, 2242
or park district established under Chapter 1545. of the Revised 2243
Code; to a wholly or partially tax-supported university, 2244
university branch, or college; or to the board of trustees of a 2245
school district library, upon such terms as are agreed upon. The 2246
sale of real or personal property to the board of trustees of a 2247
school district library is limited, in the case of real property, 2248
to a school district library within whose boundaries the real 2249
property is situated, or, in the case of personal property, to a 2250
school district library whose boundaries lie in whole or in part 2251
within the school district of the selling board of education.2252

       (D) When a board of education decides to trade as a part or 2253
an entire consideration, an item of personal property on the 2254
purchase price of an item of similar personal property, it may 2255
trade the same upon such terms as are agreed upon by the parties 2256
to the trade.2257

       (E) The president and the treasurer of the board of education 2258
shall execute and deliver deeds or other necessary instruments of 2259
conveyance to complete any sale or trade under this section.2260

       (F) When a board of education has identified a parcel of real 2261
property that it determines is needed for school purposes, the 2262
board may, upon a majority vote of the members of the board, 2263
acquire that property by exchanging real property that the board 2264
owns in its corporate capacity for the identified real property or 2265
by using real property that the board owns in its corporate 2266
capacity as part or an entire consideration for the purchase price 2267
of the identified real property. Any exchange or acquisition made 2268
pursuant to this division shall be made by a conveyance executed 2269
by the president and the treasurer of the board.2270

       (G) WhenThis division does not apply to a municipal school 2271
district to which section 3313.412 of the Revised Code applies.2272

       When a school district board of education decides to dispose 2273
of real property, prior to disposing of that property under 2274
divisions (A) to (F) of this section, it shall first offer that 2275
property for sale to the governing authorities of the start-up 2276
community schools established under Chapter 3314. of the Revised 2277
Code located within the territory of the school district, at a 2278
price that is not higher than the appraised fair market value of 2279
that property. If more than one community school governing 2280
authority accepts the offer made by the school district board, the 2281
board shall sell the property to the governing authority that 2282
accepted the offer first in time. If no community school governing 2283
authority accepts the offer within sixty days after the offer is 2284
made by the school district board, the board may dispose of the 2285
property in the applicable manner prescribed under divisions (A) 2286
to (F) of this section.2287

       (H) When a school district board of education has property 2288
that the board, by resolution, finds is not needed for school 2289
district use, is obsolete, or is unfit for the use for which it 2290
was acquired, the board may donate that property in accordance 2291
with this division if the fair market value of the property is, in 2292
the opinion of the board, two thousand five hundred dollars or 2293
less.2294

        The property may be donated to an eligible nonprofit 2295
organization that is located in this state and is exempt from 2296
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). 2297
Before donating any property under this division, the board shall 2298
adopt a resolution expressing its intent to make unneeded, 2299
obsolete, or unfit-for-use school district property available to 2300
these organizations. The resolution shall include guidelines and 2301
procedures the board considers to be necessary to implement the 2302
donation program and shall indicate whether the school district 2303
will conduct the donation program or the board will contract with 2304
a representative to conduct it. If a representative is known when 2305
the resolution is adopted, the resolution shall provide contact 2306
information such as the representative's name, address, and 2307
telephone number.2308

       The resolution shall include within its procedures a 2309
requirement that any nonprofit organization desiring to obtain 2310
donated property under this division shall submit a written notice 2311
to the board or its representative. The written notice shall 2312
include evidence that the organization is a nonprofit organization 2313
that is located in this state and is exempt from federal income 2314
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 2315
the organization's primary purpose; a description of the type or 2316
types of property the organization needs; and the name, address, 2317
and telephone number of a person designated by the organization's 2318
governing board to receive donated property and to serve as its 2319
agent.2320

       After adoption of the resolution, the board shall publish, in 2321
a newspaper of general circulation in the school district or as 2322
provided in section 7.16 of the Revised Code, notice of its intent 2323
to donate unneeded, obsolete, or unfit-for-use school district 2324
property to eligible nonprofit organizations. The notice shall 2325
include a summary of the information provided in the resolution 2326
and shall be published twice. The second notice shall be published 2327
not less than ten nor more than twenty days after the previous 2328
notice. A similar notice also shall be posted continually in the 2329
board's office. If the school district maintains a web site on the 2330
internet, the notice shall be posted continually at that web site.2331

       The board or its representatives shall maintain a list of all 2332
nonprofit organizations that notify the board or its 2333
representative of their desire to obtain donated property under 2334
this division and that the board or its representative determines 2335
to be eligible, in accordance with the requirements set forth in 2336
this section and in the donation program's guidelines and 2337
procedures, to receive donated property.2338

       The board or its representative also shall maintain a list of 2339
all school district property the board finds to be unneeded, 2340
obsolete, or unfit for use and to be available for donation under 2341
this division. The list shall be posted continually in a 2342
conspicuous location in the board's office, and, if the school 2343
district maintains a web site on the internet, the list shall be 2344
posted continually at that web site. An item of property on the 2345
list shall be donated to the eligible nonprofit organization that 2346
first declares to the board or its representative its desire to 2347
obtain the item unless the board previously has established, by 2348
resolution, a list of eligible nonprofit organizations that shall 2349
be given priority with respect to the item's donation. Priority 2350
may be given on the basis that the purposes of a nonprofit 2351
organization have a direct relationship to specific school 2352
district purposes of programs provided or administered by the 2353
board. A resolution giving priority to certain nonprofit 2354
organizations with respect to the donation of an item of property 2355
shall specify the reasons why the organizations are given that 2356
priority.2357

       Members of the board shall consult with the Ohio ethics 2358
commission, and comply with Chapters 102. and 2921. of the Revised 2359
Code, with respect to any donation under this division to a 2360
nonprofit organization of which a board member, any member of a 2361
board member's family, or any business associate of a board member 2362
is a trustee, officer, board member, or employee.2363

       Sec. 3313.411. (A)This section does not apply to a municipal 2364
school district to which section 3313.412 of the Revised Code 2365
applies.2366

       (A) As used in this section, "unused school facilities" means 2367
any real property that has been used by a school district for 2368
school operations, including, but not limited to, academic 2369
instruction or administration, since July 1, 1998, but has not 2370
been used in that capacity for two years.2371

       (B) On and after the effective date of this sectionJune 30, 2372
2011, any school district board of education shall offer any 2373
unused school facilities it owns in its corporate capacity for 2374
lease or sale to the governing authorities of community schools 2375
established under Chapter 3314. of the Revised Code that are 2376
located within the territory of the school district. 2377

       (1) If, not later than sixty days after the district board 2378
makes the offer, the governing authority of one community school 2379
located within the territory of the school district notifies the 2380
district treasurer in writing of its intention to purchase the 2381
property, the district board shall sell the property to the 2382
community school for the appraised fair market value of the 2383
property.2384

       (2) If, not later than sixty days after the district board 2385
makes the offer, the governing authorities of two or more 2386
community schools located within the territory of the school 2387
district notify the district treasurer in writing of their 2388
intention to purchase the property, the board shall conduct a 2389
public auction in the manner required for auctions of district 2390
property under division (A) of section 3313.41 of the Revised 2391
Code. Only the governing authorities of all community schools 2392
located within the territory of the school district are eligible 2393
to bid at the auction. The district board is not obligated to 2394
accept any bid for the property that is lower than the appraised 2395
fair market value of the property.2396

       (3) If the governing authorities of two or more community 2397
schools located within the territory of the school district notify 2398
the district treasurer in writing of their intention to lease the 2399
property, the district board shall conduct a lottery to select the 2400
community school to which the district board shall lease the 2401
property.2402

       (4) The lease price offered by a district board to the 2403
governing authority of a community school under this section shall 2404
not be higher than the fair market value for such a leasehold.2405

       (5) If no community school governing authority accepts the 2406
offer to lease or buy the property within sixty days after the 2407
offer is made, the district board may offer the property to any 2408
other entity in accordance with divisions (A) to (F) of section 2409
3313.41 of the Revised Code.2410

       (C) Notwithstanding division (B) of this section, a school 2411
district board may renew any agreement it originally entered into 2412
prior to the effective date of this sectionJune 30, 2011, to 2413
lease real property to an entity other than a community school. 2414
Nothing in this section shall affect the leasehold arrangements 2415
between the district board and that other entity. 2416

       Sec. 3313.412. This section applies only to a municipal 2417
school district that has at least one partnering community school.2418

       (A) As used in this section:2419

       (1) "Municipal school district" has the same meaning as in 2420
section 3311.71 of the Revised Code.2421

       (2) "Partnering community school" means a community school 2422
established under Chapter 3314. of the Revised Code that is 2423
located within the territory of a municipal school district and is 2424
sponsored by the district, receives services from the district, 2425
leases a building from the district, or is a party to an agreement 2426
with the district whereby the district and the community school 2427
endorse each other's programs. 2428

       (3) "Unused academic facilities" means real property that the 2429
board of education of a municipal school district owns in its 2430
corporate capacity and that has been but is no longer being used 2431
by the district for academic instruction.2432

       (B) Except as provided in division (D) of this section, prior 2433
to disposing of unused academic facilities under division (C) of 2434
this section or section 3313.41 of the Revised Code, the board of 2435
education of a municipal school district to which this section 2436
applies shall offer that property for sale or lease, as determined 2437
by the district board, to its partnering community schools at a 2438
price that is not higher than the appraised fair market value of 2439
the property or, if the district board offers the property for 2440
lease, the fair market value for such a leasehold. If more than 2441
one partnering community school submits a responsive acceptance of 2442
the district's offer, the district board shall sell or lease the 2443
property to the partnering community school that has the highest 2444
current performing index score as reported under sections 3302.03 2445
and 3314.012 of the Revised Code. If no partnering community 2446
school submits a responsive acceptance of the offer within ten 2447
business days after the offer is made, the property may be sold or 2448
leased under division (C) of this section or sold under section 2449
3313.41 of the Revised Code. The district board shall establish 2450
terms, conditions, and procedures for offers made under this 2451
section and may delegate to any district officer the authority to 2452
determine if acceptances submitted by partnering community schools 2453
are responsive to offers made by the board.2454

       (C) The board of education of a municipal school district to 2455
which this section applies may sell or lease real property it owns 2456
in its corporate capacity, upon such terms as are agreed upon, to 2457
any of the entities listed in division (C) of section 3313.41 of 2458
the Revised Code and to any community school located within the 2459
territory of the school district or a nonpublic school that is 2460
chartered pursuant to section 3301.16 of the Revised Code. 2461

       (D) The board of education of a municipal school district to 2462
which this section applies may sell or lease any real property it 2463
owns in its corporate capacity to any individual or entity at the 2464
written request of the mayor or legislative authority of the 2465
municipal corporation within the territory of which all or a 2466
portion of the real property is situated. The terms of the sale or 2467
lease of the property shall be specified in the request of the 2468
mayor or legislative authority. The request also shall include a 2469
determination that the sale or lease of the property is in 2470
furtherance of a public purpose of the municipal corporation.2471

       (E) The chairperson of the district board and the chief 2472
financial officer of the district shall execute and deliver deeds, 2473
leases, or other necessary instruments of conveyance to complete 2474
any sale or lease made under this section.2475

       (F) The district board shall maintain a written inventory of 2476
its unused academic facilities and its plans for reutilization or 2477
disposition of those facilities and shall update that inventory at 2478
least annually.2479

       (G) Notwithstanding division (F) of section 5705.10 of the 2480
Revised Code, if a school district board sells real property that 2481
it owns in its corporate capacity, moneys received from the sale 2482
may be paid into the general fund of the district, as long as the 2483
district has owned the real property for at least five years and 2484
the real property and any improvements to that real property were 2485
not acquired with the proceeds of public obligations, as defined 2486
in section 133.01 of the Revised Code, of the district that are 2487
outstanding at the time of the sale.2488

       Sec. 3313.975.  As used in this section and in sections 2489
3313.9753313.976 to 3313.979 of the Revised Code, "the pilot 2490
project school district" or "the district" means any school 2491
district included in the pilot project scholarship program 2492
pursuant to this section.2493

       (A) The superintendent of public instruction shall establish 2494
a pilot project scholarship program and shall include in such 2495
program any school districts that are or have ever been under 2496
federal court order requiring supervision and operational 2497
management of the district by the state superintendent. The 2498
program shall provide for a number of students residing in any 2499
such district to receive scholarships to attend alternative 2500
schools, and for an equal number of students to receive tutorial 2501
assistance grants while attending public school in any such 2502
district.2503

       (B) The state superintendent shall establish an application 2504
process and deadline for accepting applications from students 2505
residing in the district to participate in the scholarship 2506
program. In the initial year of the program students may only use 2507
a scholarship to attend school in grades kindergarten through 2508
third.2509

       The state superintendent shall award as many scholarships and 2510
tutorial assistance grants as can be funded given the amount 2511
appropriated for the program. In no case, however, shall more than 2512
fifty per cent of all scholarships awarded be used by students who 2513
were enrolled in a nonpublic school during the school year of 2514
application for a scholarship.2515

       (C)(1) The pilot project program shall continue in effect 2516
each year that the general assembly has appropriated sufficient 2517
money to fund scholarships and tutorial assistance grants. In each 2518
year the program continues, new students may receive scholarships 2519
in grades kindergarten to twelve. A student who has received a 2520
scholarship may continue to receive one until the student has 2521
completed grade twelve. 2522

       (2) If the general assembly discontinues the scholarship 2523
program, all students who are attending an alternative school 2524
under the pilot project shall be entitled to continued admittance 2525
to that specific school through all grades that are provided in 2526
such school, under the same conditions as when they were 2527
participating in the pilot project. The state superintendent shall 2528
continue to make scholarship payments in accordance with division 2529
(A) or (B) of section 3313.979 of the Revised Code for students 2530
who remain enrolled in an alternative school under this provision 2531
in any year that funds have been appropriated for this purpose.2532

       If funds are not appropriated, the tuition charged to the 2533
parents of a student who remains enrolled in an alternative school 2534
under this provision shall not be increased beyond the amount 2535
equal to the amount of the scholarship plus any additional amount 2536
charged that student's parent in the most recent year of 2537
attendance as a participant in the pilot project, except that 2538
tuition for all the students enrolled in such school may be 2539
increased by the same percentage.2540

       (D) Notwithstanding sections 124.39, 3307.54, and 3319.172541
3311.83 of the Revised Code, if the pilot project school district 2542
experiences a decrease in enrollment due to participation in a 2543
state-sponsored scholarship program pursuant to sections 3313.974 2544
to 3313.979 of the Revised Code, the district board of education 2545
may enter into an agreement with any teacher it employs to provide 2546
to that teacher severance pay or early retirement incentives, or 2547
both, if the teacher agrees to terminate the employment contract 2548
with the district board, provided any collective bargaining 2549
agreement in force pursuant to Chapter 4117. of the Revised Code 2550
does not prohibit such an agreement for termination of a teacher's 2551
employment contract.2552

       Sec. 3314.012.  (A) Within ninety days of September 28, 1999, 2553
the superintendent of public instruction shall appoint 2554
representatives of the department of education, including 2555
employees who work with the education management information 2556
system, to a committee to develop report card models for community 2557
schools. The committee shall design model report cards appropriate 2558
for the various types of community schools approved to operate in 2559
the state. Sufficient models shall be developed to reflect the 2560
variety of grade levels served and the missions of the state's 2561
community schools. All models shall include both financial and 2562
academic data. The initial models shall be developed by March 31, 2563
2000.2564

       (B) The department of education shall issue an annual report 2565
card for each community school, regardless of how long the school 2566
has been in operation. The report card shall report the academic 2567
and financial performance of the school utilizing one of the 2568
models developed under division (A) of this section. The report 2569
card shall include all information applicable to school buildings 2570
under division (A) of section 3302.03 of the Revised Code. The 2571
ratings a community school receives under section 3302.03 of the 2572
Revised Code for its first two full school years shall not be 2573
considered toward automatic closure of the school under section 2574
3314.35 or 3314.351 of the Revised Code or any other matter that 2575
is based on report card ratings.2576

       (C) Upon receipt of a copy of a contract between a sponsor 2577
and a community school entered into under this chapter, the 2578
department of education shall notify the community school of the 2579
specific model report card that will be used for that school.2580

       (D) Report cards shall be distributed to the parents of all 2581
students in the community school, to the members of the board of 2582
education of the school district in which the community school is 2583
located, and to any person who requests one from the department.2584

       Sec. 3314.016. This section applies to any entity that 2585
sponsors a community school, regardless of whether section 2586
3314.021 or 3314.027 of the Revised Code exempts the entity from 2587
the requirement to be approved for sponsorship under divisions 2588
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.2589

       (A) An entity that sponsors a community school shall be 2590
permitted to enter into contracts under section 3314.03 of the 2591
Revised Code to sponsor additional community schools only if the 2592
entity meets both of the following criteria:2593

       (1) The entity is in compliance with all provisions of this 2594
chapter requiring sponsors of community schools to report data or 2595
information to the department of education.2596

       (2) The entity is not ranked in the lowest twenty per cent of 2597
community school sponsors on the ranking prescribed by division 2598
(B) of this section.2599

       (B) For purposes of this section, the department shall 2600
develop a composite performance index score, as defined in section 2601
3302.01 of the Revised Code, that measures the academic 2602
performance of students enrolled in community schools sponsored by 2603
the same entity. In calculating the composite performance index 2604
score, the department shall exclude all community schools 2605
described in division (A)(3)(2) of section 3314.35 and in division 2606
(A)(2) of section 3314.351 of the Revised Code, but the department 2607
shall cease to exclude those schools beginning January 1, 2013, if 2608
the general assembly does not enact by that date separate 2609
performance standards for community schools that operate dropout 2610
prevention and recovery programs and for community schools that 2611
serve students with disabilities. The department annually shall 2612
rank all entities that sponsor community schools from highest to 2613
lowest according to the entities' composite performance index 2614
scores.2615

       (C) If the governing authority of a community school enters 2616
into a contract with a sponsor prior to the date on which the 2617
sponsor is prohibited from sponsoring additional schools under 2618
division (A) of this section and the school has not opened for 2619
operation as of that date, that contract shall be void and the 2620
school shall not open until the governing authority secures a new 2621
sponsor by entering into a contract with the new sponsor under 2622
section 3314.03 of the Revised Code.2623

       Sec. 3314.10.  (A)(1) The governing authority of any 2624
community school established under this chapter may employ 2625
teachers and nonteaching employees necessary to carry out its 2626
mission and fulfill its contract.2627

       (2) Except as provided under division (A)(3) of this section, 2628
employees hired under this section may organize and collectively 2629
bargain pursuant to Chapter 4117. of the Revised Code. 2630
Notwithstanding division (D)(1) of section 4117.06 of the Revised 2631
Code, a unit containing teaching and nonteaching employees 2632
employed under this section shall be considered an appropriate 2633
unit. As applicable, employment under this section is subject to 2634
either Chapter 3307. or 3309. of the Revised Code.2635

       (3) If a school is created by converting all or part of an 2636
existing public school rather than by establishment of a new 2637
start-up school, at the time of conversion, the employees of the 2638
community school shall remain part of any collective bargaining 2639
unit in which they were included immediately prior to the 2640
conversion and shall remain subject to any collective bargaining 2641
agreement for that unit in effect on the first day of July of the 2642
year in which the community school initially begins operation and 2643
shall be subject to any subsequent collective bargaining agreement 2644
for that unit, unless a petition is certified as sufficient under 2645
division (A)(6) of this section with regard to those employees. 2646
Any new employees of the community school shall also be included 2647
in the unit to which they would have been assigned had not the 2648
conversion taken place and shall be subject to the collective 2649
bargaining agreement for that unit unless a petition is certified 2650
as sufficient under division (A)(6) of this section with regard to 2651
those employees.2652

       Notwithstanding division (B) of section 4117.01 of the 2653
Revised Code, the board of education of a school district and not 2654
the governing authority of a community school shall be regarded, 2655
for purposes of Chapter 4117. of the Revised Code, as the "public 2656
employer" of the employees of a conversion community school 2657
subject to a collective bargaining agreement pursuant to division 2658
(A)(3) of this section unless a petition is certified under 2659
division (A)(6) of this section with regard to those employees. 2660
Only on and after the effective date of a petition certified as 2661
sufficient under division (A)(6) of this section shall division 2662
(A)(2) of this section apply to those employees of that community 2663
school and only on and after the effective date of that petition 2664
shall Chapter 4117. of the Revised Code apply to the governing 2665
authority of that community school with regard to those employees.2666

       (4) Notwithstanding sections 4117.03 to 4117.18 of the 2667
Revised Code and Section 4 of Amended Substitute Senate Bill No. 2668
133 of the 115th general assembly, the employees of a conversion 2669
community school who are subject to a collective bargaining 2670
agreement pursuant to division (A)(3) of this section shall cease 2671
to be subject to that agreement and all subsequent agreements 2672
pursuant to that division and shall cease to be part of the 2673
collective bargaining unit that is subject to that and all 2674
subsequent agreements, if a majority of the employees of that 2675
community school who are subject to that collective bargaining 2676
agreement sign and submit to the state employment relations board 2677
a petition requesting all of the following:2678

       (a) That all the employees of the community school who are 2679
subject to that agreement be removed from the bargaining unit that 2680
is subject to that agreement and be designated by the state 2681
employment relations board as a new and separate bargaining unit 2682
for purposes of Chapter 4117. of the Revised Code;2683

       (b) That the employee organization certified as the exclusive 2684
representative of the employees of the bargaining unit from which 2685
the employees are to be removed be certified as the exclusive 2686
representative of the new and separate bargaining unit for 2687
purposes of Chapter 4117. of the Revised Code;2688

       (c) That the governing authority of the community school be 2689
regarded as the "public employer" of these employees for purposes 2690
of Chapter 4117. of the Revised Code.2691

       (5) Notwithstanding sections 4117.03 to 4117.18 of the 2692
Revised Code and Section 4 of Amended Substitute Senate Bill No. 2693
133 of the 115th general assembly, the employees of a conversion 2694
community school who are subject to a collective bargaining 2695
agreement pursuant to division (A)(3) of this section shall cease 2696
to be subject to that agreement and all subsequent agreements 2697
pursuant to that division, shall cease to be part of the 2698
collective bargaining unit that is subject to that and all 2699
subsequent agreements, and shall cease to be represented by any 2700
exclusive representative of that collective bargaining unit, if a 2701
majority of the employees of the community school who are subject 2702
to that collective bargaining agreement sign and submit to the 2703
state employment relations board a petition requesting all of the 2704
following:2705

       (a) That all the employees of the community school who are 2706
subject to that agreement be removed from the bargaining unit that 2707
is subject to that agreement;2708

       (b) That any employee organization certified as the exclusive 2709
representative of the employees of that bargaining unit be 2710
decertified as the exclusive representative of the employees of 2711
the community school who are subject to that agreement;2712

       (c) That the governing authority of the community school be 2713
regarded as the "public employer" of these employees for purposes 2714
of Chapter 4117. of the Revised Code.2715

       (6) Upon receipt of a petition under division (A)(4) or (5) 2716
of this section, the state employment relations board shall check 2717
the sufficiency of the signatures on the petition. If the 2718
signatures are found sufficient, the board shall certify the 2719
sufficiency of the petition and so notify the parties involved, 2720
including the board of education, the governing authority of the 2721
community school, and any exclusive representative of the 2722
bargaining unit. The changes requested in a certified petition 2723
shall take effect on the first day of the month immediately 2724
following the date on which the sufficiency of the petition is 2725
certified under division (A)(6) of this section.2726

       (B)(1) The board of education of each city, local, and 2727
exempted village school district sponsoring a community school and 2728
the governing board of each educational service center in which a 2729
community school is located shall adopt a policy that provides a 2730
leave of absence of at least three years to each teacher or 2731
nonteaching employee of the district or service center who is 2732
employed by a conversion or new start-up community school 2733
sponsored by the district or located in the district or center for 2734
the period during which the teacher or employee is continuously 2735
employed by the community school. The policy shall also provide 2736
that any teacher or nonteaching employee may return to employment 2737
by the district or service center if the teacher or employee 2738
leaves or is discharged from employment with the community school 2739
for any reason, unless, in the case of a teacher, the board of the 2740
district or service center determines that the teacher was 2741
discharged for a reason for which the board would have sought to 2742
discharge the teacher under section 3311.82 or 3319.16 of the 2743
Revised Code, in which case the board may proceed to discharge the 2744
teacher utilizing the procedures of that section. Upon termination 2745
of such a leave of absence, any seniority that is applicable to 2746
the person shall be calculated to include all of the following: 2747
all employment by the district or service center prior to the 2748
leave of absence; all employment by the community school during 2749
the leave of absence; and all employment by the district or 2750
service center after the leave of absence. The policy shall also 2751
provide that if any teacher holding valid certification returns to 2752
employment by the district or service center upon termination of 2753
such a leave of absence, the teacher shall be restored to the 2754
previous position and salary or to a position and salary similar 2755
thereto. If, as a result of teachers returning to employment upon 2756
termination of such leaves of absence, a school district or 2757
educational service center reduces the number of teachers it 2758
employs, it shall make such reductions in accordance with section 2759
3319.171 of the Revised Code.2760

       Unless a collective bargaining agreement providing otherwise 2761
is in effect for an employee of a conversion community school 2762
pursuant to division (A)(3) of this section, an employee on a 2763
leave of absence pursuant to this division shall remain eligible 2764
for any benefits that are in addition to benefits under Chapter 2765
3307. or 3309. of the Revised Code provided by the district or 2766
service center to its employees provided the employee pays the 2767
entire cost associated with such benefits, except that personal 2768
leave and vacation leave cannot be accrued for use as an employee 2769
of a school district or service center while in the employ of a 2770
community school unless the district or service center board 2771
adopts a policy expressly permitting this accrual.2772

       (2) While on a leave of absence pursuant to division (B)(1) 2773
of this section, a conversion community school shall permit a 2774
teacher to use sick leave accrued while in the employ of the 2775
school district from which the leave of absence was taken and 2776
prior to commencing such leave. If a teacher who is on such a 2777
leave of absence uses sick leave so accrued, the cost of any 2778
salary paid by the community school to the teacher for that time 2779
shall be reported to the department of education. The cost of 2780
employing a substitute teacher for that time shall be paid by the 2781
community school. The department of education shall add amounts to 2782
the payments made to a community school under this chapter as 2783
necessary to cover the cost of salary reported by a community 2784
school as paid to a teacher using sick leave so accrued pursuant 2785
to this section. The department shall subtract the amounts of any 2786
payments made to community schools under this division from 2787
payments made to such sponsoring school district under Chapter 2788
3317. of the Revised Code.2789

       A school district providing a leave of absence and employee 2790
benefits to a person pursuant to this division is not liable for 2791
any action of that person while the person is on such leave and 2792
employed by a community school.2793

       Sec. 3314.35.  (A)(1) Except as provided in division (A)(3) 2794
of this section, this section applies to any community school that 2795
meets one of the following criteria after July 1, 2009, but before 2796
July 1, 2011:2797

       (a) The school does not offer a grade level higher than three 2798
and has been declared to be in a state of academic emergency under 2799
section 3302.03 of the Revised Code for three of the four most 2800
recent school years.2801

       (b) The school satisfies all of the following conditions:2802

       (i) The school offers any of grade levels four to eight but 2803
does not offer a grade level higher than nine.2804

       (ii) The school has been declared to be in a state of 2805
academic emergency under section 3302.03 of the Revised Code for 2806
two of the three most recent school years.2807

       (iii) In at least two of the three most recent school years, 2808
the school showed less than one standard year of academic growth 2809
in either reading or mathematics, as determined by the department 2810
of education in accordance with rules adopted under division (A) 2811
of section 3302.021 of the Revised Code.2812

       (c) The school offers any of grade levels ten to twelve and 2813
has been declared to be in a state of academic emergency under 2814
section 3302.03 of the Revised Code for three of the four most 2815
recent school years.2816

       (2) Except as provided in division (A)(3)(2) of this section, 2817
this section applies to any community school that is not located 2818
within the territory of a municipal school district, as defined in 2819
section 3311.71 of the Revised Code, and that meets one of the 2820
following criteria after July 1, 2011:2821

       (a) The school does not offer a grade level higher than three 2822
and has been declared to be in a state of academic emergency under 2823
section 3302.03 of the Revised Code for two of the three most 2824
recent school years.2825

       (b) The school satisfies all of the following conditions:2826

       (i) The school offers any of grade levels four to eight but 2827
does not offer a grade level higher than nine.2828

       (ii) The school has been declared to be in a state of 2829
academic emergency under section 3302.03 of the Revised Code for 2830
two of the three most recent school years.2831

       (iii) In at least two of the three most recent school years, 2832
the school showed less than one standard year of academic growth 2833
in either reading or mathematics, as determined by the department 2834
of education in accordance with rules adopted under division (A) 2835
of section 3302.021 of the Revised Code.2836

       (c) The school offers any of grade levels ten to twelve and 2837
has been declared to be in a state of academic emergency under 2838
section 3302.03 of the Revised Code for two of the three most 2839
recent school years.2840

       (3)(2) This section does not apply to either of the 2841
following:2842

       (a) Any community school in which a majority of the students 2843
are enrolled in a dropout prevention and recovery program that is 2844
operated by the school and that has been granted a waiver under 2845
section 3314.36 of the Revised Code;2846

       (b) Any community school in which a majority of the enrolled 2847
students are children with disabilities receiving special 2848
education and related services in accordance with Chapter 3323. of 2849
the Revised Code.2850

       (B) Any community school to which this section applies shall 2851
permanently close at the conclusion of the school year in which 2852
the school first becomes subject to this section. The sponsor and 2853
governing authority of the school shall comply with all procedures 2854
for closing a community school adopted by the department under 2855
division (E) of section 3314.015 of the Revised Code. The 2856
governing authority of the school shall not enter into a contract 2857
with any other sponsor under section 3314.03 of the Revised Code 2858
after the school closes.2859

       (C) In accordance with division (B) of section 3314.012 of 2860
the Revised Code, the department shall not consider the 2861
performance ratings assigned to a community school for its first 2862
two years of operation when determining whether the school meets 2863
the criteria prescribed by division (A)(1) or (2) of this section.2864

       Sec. 3314.351. (A)(1) Except as provided in division (A)(2) 2865
of this section, this section applies to any community school that 2866
is located within the territory of a municipal school district, as 2867
defined in section 3311.71 of the Revised Code, and that meets one 2868
of the following criteria after July 1, 2011:2869

        (a) The school does not offer a grade level higher than three 2870
and has been declared to be in a state of academic emergency under 2871
section 3302.03 of the Revised Code for two of the three most 2872
recent school years.2873

        (b) The school satisfies all of the following conditions:2874

        (i) The school offers any of grade levels four to eight but 2875
does not offer a grade level higher than nine.2876

        (ii) The school has been declared to be in a state of 2877
academic emergency under section 3302.03 of the Revised Code for 2878
two of the three most recent school years.2879

        (iii) In at least two of the three most recent school years, 2880
the school showed less than one standard year of academic growth 2881
in either reading or mathematics, as determined by the department 2882
of education in accordance with rules adopted under division (A) 2883
of section 3302.021 of the Revised Code.2884

        (c) The school offers any of grade levels ten to twelve and 2885
has been declared to be in a state of academic emergency under 2886
section 3302.03 of the Revised Code for two of the three most 2887
recent school years.2888

        (2) This section does not apply to either of the following:2889

        (a) Any community school in which a majority of the students 2890
are enrolled in a dropout prevention and recovery program that is 2891
operated by the school and that has been granted a waiver under 2892
section 3314.36 of the Revised Code;2893

        (b) Any community school in which a majority of the enrolled 2894
students are children with disabilities receiving special 2895
education and related services in accordance with Chapter 3323. of 2896
the Revised Code.2897

        (B) Any community school to which this section applies shall 2898
permanently close at the conclusion of the school year in which 2899
the school first becomes subject to this section. The sponsor and 2900
governing authority of the school shall comply with all procedures 2901
for closing a community school adopted by the department under 2902
division (E) of section 3314.015 of the Revised Code. The 2903
governing authority of the school shall not enter into a contract 2904
with any other sponsor under section 3314.03 of the Revised Code 2905
after the school closes.2906

        (C) In accordance with division (B) of section 3314.012 of 2907
the Revised Code, the department shall not consider the 2908
performance ratings assigned to a community school for its first 2909
two years of operation when determining whether the school meets 2910
the criteria prescribed by division (A)(1) of this section.2911

       (D) When the department determines that a school is at risk 2912
of meeting the criteria prescribed by division (A)(1) of this 2913
section in the next school year based on the school's report card 2914
issued in the current school year under section 3302.03 of the 2915
Revised Code, the department shall notify the school of that risk 2916
not later than the thirtieth day of September of the current 2917
school year. Not later than the following fifteenth day of 2918
October, the school shall send to the parent of each student 2919
enrolled in the school, or the student if at least eighteen years 2920
old and no guardian or custodian has been appointed for the 2921
student, a copy of the department's notice and a description of 2922
the steps the school will take to address its academic 2923
performance. If, based on student scores on the assessments 2924
required by divisions (A) and (B)(1) of section 3301.0710 of the 2925
Revised Code administered during the next spring as reported to 2926
the school, the school determines that it is likely the school 2927
will meet the criteria prescribed by division (A)(1) of this 2928
section when the department issues the school's next report card, 2929
the school shall notify each parent and student, as notified 2930
earlier, of that fact not later than the thirtieth day of June.2931

       (E) Any community school located within the territory of a 2932
municipal school district that fails to comply with the 2933
requirements of this section shall not be eligible to receive 2934
state funds.2935

       Sec. 3314.36. (A) SectionSections 3314.35 and 3314.351 of 2936
the Revised Code doesdo not apply to any community school in 2937
which a majority of the students are enrolled in a dropout 2938
prevention and recovery program that is operated by the school and 2939
that has been granted a waiver by the department of education. The 2940
department shall grant a waiver to a dropout prevention and 2941
recovery program, within sixty days after the program applies for 2942
the waiver, if the program meets all of the following conditions:2943

       (1) The program serves only students not younger than sixteen 2944
years of age and not older than twenty-one years of age.2945

       (2) The program enrolls students who, at the time of their 2946
initial enrollment, either, or both, are at least one grade level 2947
behind their cohort age groups or experience crises that 2948
significantly interfere with their academic progress such that 2949
they are prevented from continuing their traditional programs.2950

       (3) The program requires students to attain at least the 2951
applicable score designated for each of the assessments prescribed 2952
under division (B)(1) of section 3301.0710 of the Revised Code or, 2953
to the extent prescribed by rule of the state board of education 2954
under division (D)(6) of section 3301.0712 of the Revised Code, 2955
division (B)(2) of that section.2956

       (4) The program develops an individual career plan for the 2957
student that specifies the student's matriculating to a two-year 2958
degree program, acquiring a business and industry credential, or 2959
entering an apprenticeship.2960

       (5) The program provides counseling and support for the 2961
student related to the plan developed under division (A)(4) of 2962
this section during the remainder of the student's high school 2963
experience.2964

       (6) Prior to receiving the waiver, the program has submitted 2965
to the department an instructional plan that demonstrates how the 2966
academic content standards adopted by the state board of education 2967
under section 3301.079 of the Revised Code will be taught and 2968
assessed.2969

       If the department does not act either to grant the waiver or 2970
to reject the program application for the waiver within sixty days 2971
as required under this section, the waiver shall be considered to 2972
be granted.2973

       (B) Notwithstanding division (A) of this section, the 2974
department shall not grant a waiver to any community school that 2975
did not qualify for a waiver under this section when it initially 2976
began operations, unless the state board of education approves the 2977
waiver.2978

       Sec. 3316.07.  (A) A school district financial planning and 2979
supervision commission has the following powers, duties, and 2980
functions:2981

       (1) To review or to assume responsibility for the development 2982
of all tax budgets, tax levy and bond and note resolutions, 2983
appropriation measures, and certificates of estimated resources of 2984
the school district in order to ensure that such are consistent 2985
with the financial recovery plan and a balanced appropriation 2986
budget for the current fiscal year, and to request and review any 2987
supporting information upon which the financial recovery plan and 2988
balanced appropriation budget may be developed and based, and to 2989
determine whether revenue estimates and estimates of expenditures 2990
and appropriations will result in a balanced budget;2991

       (2) To inspect and secure copies of any document, resolution, 2992
or instrument pertaining to the effective financial accounting and 2993
reporting system, debt obligations, debt limits, financial 2994
recovery plan, balanced appropriation budgets, appropriation 2995
measures, report of audit, statement or invoice, or other 2996
worksheet or record of the school district;2997

       (3) To inspect and secure copies of any document, instrument, 2998
certification, records of proceedings, or other worksheet or 2999
records of the county budget commission, county auditor, or other 3000
official or employee of the school district or of any other 3001
political subdivision or agency of government of the state;3002

       (4) To review, revise, and approve determinations and 3003
certifications affecting the school district made by the county 3004
budget commission or county auditor pursuant to Chapter 5705. of 3005
the Revised Code to ensure that such determinations and 3006
certifications are consistent with the laws of the state;3007

       (5) To bring civil actions, including mandamus, to enforce 3008
this chapter;3009

       (6) After consultation with the officials of the school 3010
district and the auditor of state, to implement or require 3011
implementation of any necessary or appropriate steps to bring the 3012
books of account, accounting systems, and financial procedures and 3013
reports of the school district into compliance with requirements 3014
prescribed by the auditor of state, and to assume responsibility 3015
for achieving such compliance and for making any desirable 3016
modifications and supplementary systems and procedures pertinent 3017
to the school district;3018

       (7) To assist or provide assistance to the school district or 3019
to assume the total responsibility for the structuring or the 3020
terms of, and the placement for sale of, debt obligations of the 3021
school district;3022

       (8) To perform all other powers, duties, and functions as 3023
provided under this chapter;3024

       (9) To make and enter into all contracts and agreements 3025
necessary or incidental to the performance of its duties and the 3026
exercise of its powers under this chapter;3027

       (10) To consult with officials of the school district and 3028
make recommendations or assume the responsibility for implementing 3029
cost reductions and revenue increases to achieve balanced budgets 3030
and carry out the financial recovery plan in accordance with this 3031
chapter;3032

       (11) To make reductions in force to bring the school 3033
district's budget into balance, notwithstanding division (A) of 3034
section 3311.82, section 3319.081, and divisions (A) and (B) of 3035
section 3319.17 of the Revised Code, notwithstanding any provision 3036
of a policy adopted under section 3319.171 of the Revised Code, 3037
and notwithstanding any provision to the contrary in section 3038
4117.08 or 4117.10 of the Revised Code or in any collective 3039
bargaining agreement entered into on or after November 21, 1997.3040

       In making reductions in force, the commission shall first 3041
consider reasonable reductions among the administrative and3042
non-teachingnonteaching employees of the school district giving 3043
due regard to ensuring the district's ability to maintain the 3044
personnel, programs, and services essential to the provision of an 3045
adequate educational program.3046

       In making these reductions in non-teachingnonteaching3047
employees in districts where Chapter 124. of the Revised Code 3048
controls such reductions, the reductions shall be made in 3049
accordance with sections 124.321 to 124.327 of the Revised Code. 3050
In making these reductions in non-teachingnonteaching employees 3051
in districts where Chapter 124. of the Revised Code does not 3052
control these reductions, within each category of non-teaching3053
nonteaching employees, the commission shall give preference to 3054
those employees with continuing contracts or non-probationary 3055
status and who have greater seniority.3056

       If revenues and expenditures cannot be balanced by reasonable 3057
reductions in administrative and non-teachingnonteaching3058
employees, the commission may also make reasonable reductions in 3059
the number of teaching contracts. If the commission finds it 3060
necessary to suspend teaching contracts, it shall suspend them in 3061
accordance with divisions (B) to (E) of section 3311.83 or3062
division (C) of section 3319.17 of the Revised Code but shall 3063
consider a reduction in non-classroom teachers before classroom 3064
teachers.3065

       (B) During the fiscal emergency period, the commission shall, 3066
in addition to other powers:3067

       (1) With respect to the appropriation measure in effect at 3068
the commencement of the fiscal emergency period of the school 3069
district if that period commenced more than three months prior to 3070
the end of the current fiscal year, and otherwise with respect to 3071
the appropriation measure for the next fiscal year:3072

       (a) Review and determine the adequacy of all revenues to meet 3073
all expenditures for such fiscal year;3074

       (b) Review and determine the extent of any deficiency of 3075
revenues to meet such expenditures;3076

       (c) Require the school district board or superintendent to 3077
provide justification documents to substantiate, to the extent and 3078
in the manner considered necessary, any item of revenue or 3079
appropriation;3080

       (d) Not later than sixty days after taking office or after 3081
receiving the appropriation measure for the next fiscal year, 3082
issue a public report regarding its review pursuant to division 3083
(B)(1) of this section.3084

       (2) Require the school district board, by resolution, to 3085
establish monthly levels of expenditures and encumbrances 3086
consistent with the financial recovery plan and the commission's 3087
review pursuant to divisions (B)(1)(a) and (b) of this section, or 3088
establish such levels itself. If the commission permits the 3089
district board to make expenditures, the commission shall monitor 3090
the monthly levels of expenditures and encumbrances and require 3091
justification documents to substantiate any departure from any 3092
approved level. No district board shall make any expenditure apart 3093
from the approved level without the written approval of the 3094
commission.3095

       (C) In making any determination pursuant to division (B) of 3096
this section, the commission may rely on any information 3097
considered in its judgment reliable or material and shall not be 3098
restricted by any tax budget or certificate or any other document 3099
the school district may have adopted or received from any other 3100
governmental agency.3101

       (D) County, state, and school district officers or employees 3102
shall assist the commission diligently and promptly in the 3103
prosecution of its duties, including the furnishing of any 3104
materials, including justification documents, required.3105

       (E) Annually on or before the first day of April during the 3106
fiscal emergency period, the commission shall make reports and 3107
recommendations to the speaker of the house of representatives and 3108
the president of the senate concerning progress of the school 3109
district to eliminate fiscal emergency conditions, failures of the 3110
school district to comply with this chapter, and recommendations 3111
for further actions to attain the objectives of this chapter, 3112
including any legislative action needed to make provisions of law 3113
more effective for their purposes, or to enhance revenue raising 3114
or financing capabilities of school districts. The commission may 3115
make such interim reports as it considers appropriate for such 3116
purposes and shall make such additional reports as may be 3117
requested by either house of the general assembly.3118

       Sec. 3318.08.  Except in the case of a joint vocational 3119
school district that receives assistance under sections 3318.40 to 3120
3318.45 of the Revised Code, if the requisite favorable vote on 3121
the election is obtained, or if the school district board has 3122
resolved to apply the proceeds of a property tax levy or the 3123
proceeds of an income tax, or a combination of proceeds from such 3124
taxes, as authorized in section 3318.052 of the Revised Code, the 3125
Ohio school facilities commission, upon certification to it of 3126
either the results of the election or the resolution under section 3127
3318.052 of the Revised Code, shall enter into a written agreement 3128
with the school district board for the construction and sale of 3129
the project. In the case of a joint vocational school district 3130
that receives assistance under sections 3318.40 to 3318.45 of the 3131
Revised Code, if the school district board of education and the 3132
school district electors have satisfied the conditions prescribed 3133
in division (D)(1) of section 3318.41 of the Revised Code, the 3134
commission shall enter into an agreement with the school district 3135
board for the construction and sale of the project. In either 3136
case, the agreement shall include, but need not be limited to, the 3137
following provisions:3138

       (A) The sale and issuance of bonds or notes in anticipation 3139
thereof, as soon as practicable after the execution of the 3140
agreement, in an amount equal to the school district's portion of 3141
the basic project cost, including any securities authorized under 3142
division (J) of section 133.06 of the Revised Code and dedicated 3143
by the school district board to payment of the district's portion 3144
of the basic project cost of the project; provided, that if at 3145
that time the county treasurer of each county in which the school 3146
district is located has not commenced the collection of taxes on 3147
the general duplicate of real and public utility property for the 3148
year in which the controlling board approved the project, the 3149
school district board shall authorize the issuance of a first 3150
installment of bond anticipation notes in an amount specified by 3151
the agreement, which amount shall not exceed an amount necessary 3152
to raise the net bonded indebtedness of the school district as of 3153
the date of the controlling board's approval to within five 3154
thousand dollars of the required level of indebtedness for the 3155
preceding year. In the event that a first installment of bond 3156
anticipation notes is issued, the school district board shall, as 3157
soon as practicable after the county treasurer of each county in 3158
which the school district is located has commenced the collection 3159
of taxes on the general duplicate of real and public utility 3160
property for the year in which the controlling board approved the 3161
project, authorize the issuance of a second and final installment 3162
of bond anticipation notes or a first and final issue of bonds.3163

       The combined value of the first and second installment of 3164
bond anticipation notes or the value of the first and final issue 3165
of bonds shall be equal to the school district's portion of the 3166
basic project cost. The proceeds of any such bonds shall be used 3167
first to retire any bond anticipation notes. Otherwise, the 3168
proceeds of such bonds and of any bond anticipation notes, except 3169
the premium and accrued interest thereon, shall be deposited in 3170
the school district's project construction fund. In determining 3171
the amount of net bonded indebtedness for the purpose of fixing 3172
the amount of an issue of either bonds or bond anticipation notes, 3173
gross indebtedness shall be reduced by moneys in the bond 3174
retirement fund only to the extent of the moneys therein on the 3175
first day of the year preceding the year in which the controlling 3176
board approved the project. Should there be a decrease in the tax 3177
valuation of the school district so that the amount of 3178
indebtedness that can be incurred on the tax duplicates for the 3179
year in which the controlling board approved the project is less 3180
than the amount of the first installment of bond anticipation 3181
notes, there shall be paid from the school district's project 3182
construction fund to the school district's bond retirement fund to 3183
be applied against such notes an amount sufficient to cause the 3184
net bonded indebtedness of the school district, as of the first 3185
day of the year following the year in which the controlling board 3186
approved the project, to be within five thousand dollars of the 3187
required level of indebtedness for the year in which the 3188
controlling board approved the project. The maximum amount of 3189
indebtedness to be incurred by any school district board as its 3190
share of the cost of the project is either an amount that will 3191
cause its net bonded indebtedness, as of the first day of the year 3192
following the year in which the controlling board approved the 3193
project, to be within five thousand dollars of the required level 3194
of indebtedness, or an amount equal to the required percentage of 3195
the basic project costs, whichever is greater. All bonds and bond 3196
anticipation notes shall be issued in accordance with Chapter 133. 3197
of the Revised Code, and notes may be renewed as provided in 3198
section 133.22 of the Revised Code.3199

       (B) The transfer of such funds of the school district board 3200
available for the project, together with the proceeds of the sale 3201
of the bonds or notes, except premium, accrued interest, and 3202
interest included in the amount of the issue, to the school 3203
district's project construction fund;3204

       (C) For all school districts except joint vocational school 3205
districts that receive assistance under sections 3318.40 to 3206
3318.45 of the Revised Code, the following provisions as 3207
applicable:3208

       (1) If section 3318.052 of the Revised Code applies, the 3209
earmarking of the proceeds of a tax levied under section 5705.21 3210
of the Revised Code for general permanent improvements or under 3211
section 5705.218 of the Revised Code for the purpose of permanent 3212
improvements, or the proceeds of a school district income tax 3213
levied under Chapter 5748. of the Revised Code, or the proceeds 3214
from a combination of those two taxes, in an amount to pay all or 3215
part of the service charges on bonds issued to pay the school 3216
district portion of the project and an amount equivalent to all or 3217
part of the tax required under division (B) of section 3318.05 of 3218
the Revised Code;3219

       (2) If section 3318.052 of the Revised Code does not apply, 3220
one of the following:3221

       (a) The levy of the tax authorized at the election for the 3222
payment of maintenance costs, as specified in division (B) of 3223
section 3318.05 of the Revised Code;3224

       (b) If the school district electors have approved a 3225
continuing tax for general permanent improvements under section 3226
5705.21 of the Revised Code and that tax can be used for 3227
maintenance, the earmarking of an amount of the proceeds from such 3228
tax for maintenance of classroom facilities as specified in 3229
division (B) of section 3318.05 of the Revised Code;3230

       (c) If, in lieu of the tax otherwise required under division 3231
(B) of section 3318.05 of the Revised Code, the commission has 3232
approved the transfer of money to the maintenance fund in 3233
accordance with section 3318.051 of the Revised Code, a 3234
requirement that the district board comply with the provisions 3235
that section. The district board may rescind the provision 3236
prescribed under division (C)(2)(c) of this section only so long 3237
as the electors of the district have approved, in accordance with 3238
section 3318.063 of the Revised Code, the levy of a tax for the 3239
maintenance of the classroom facilities acquired under the 3240
district's project and that levy continues to be collected as 3241
approved by the electors.3242

       (D) For joint vocational school districts that receive 3243
assistance under sections 3318.40 to 3318.45 of the Revised Code, 3244
provision for deposit of school district moneys dedicated to 3245
maintenance of the classroom facilities acquired under those 3246
sections as prescribed in section 3318.43 of the Revised Code;3247

       (E) Dedication of any local donated contribution as provided 3248
for under section 3318.084 of the Revised Code, including a 3249
schedule for depositing such moneys applied as an offset of the 3250
district's obligation to levy the tax described in division (B) of 3251
section 3318.05 of the Revised Code as required under division 3252
(D)(2) of section 3318.084 of the Revised Code;3253

       (F) Ownership of or interest in the project during the period 3254
of construction, which shall be divided between the commission and 3255
the school district board in proportion to their respective 3256
contributions to the school district's project construction fund;3257

       (G) Maintenance of the state's interest in the project until 3258
any obligations issued for the project under section 3318.26 of 3259
the Revised Code are no longer outstanding;3260

       (H) The insurance of the project by the school district from 3261
the time there is an insurable interest therein and so long as the 3262
state retains any ownership or interest in the project pursuant to 3263
division (F) of this section, in such amounts and against such 3264
risks as the commission shall require; provided, that the cost of 3265
any required insurance until the project is completed shall be a 3266
part of the basic project cost;3267

       (I) The certification by the director of budget and 3268
management that funds are available and have been set aside to 3269
meet the state's share of the basic project cost as approved by 3270
the controlling board pursuant to either section 3318.04 or 3271
division (B)(1) of section 3318.41 of the Revised Code;3272

       (J) Authorization of the school district board to advertise 3273
for and receive construction bids for the project, for and on 3274
behalf of the commission, and to award contracts in the name of 3275
the state subject to approval by the commission;3276

       (K) Provisions for the disbursement of moneys from the school 3277
district's project account upon issuance by the commission or the 3278
commission's designated representative of vouchers for work done 3279
to be certified to the commission by the treasurer of the school 3280
district board;3281

       (L) Disposal of any balance left in the school district's 3282
project construction fund upon completion of the project;3283

       (M) Limitations upon use of the project or any part of it so 3284
long as any obligations issued to finance the project under 3285
section 3318.26 of the Revised Code are outstanding;3286

       (N) Provision for vesting the state's interest in the project 3287
to the school district board when the obligations issued to 3288
finance the project under section 3318.26 of the Revised Code are 3289
outstanding;3290

       (O) Provision for deposit of an executed copy of the 3291
agreement in the office of the commission;3292

       (P) Provision for termination of the contract and release of 3293
the funds encumbered at the time of the conditional approval, if 3294
the proceeds of the sale of the bonds of the school district board 3295
are not paid into the school district's project construction fund 3296
and if bids for the construction of the project have not been 3297
taken within such period after the execution of the agreement as 3298
may be fixed by the commission;3299

       (Q) Provision for the school district to maintain the project 3300
in accordance with a plan approved by the commission;3301

       (R) Provision that all state funds reserved and encumbered to 3302
pay the state share of the cost of the project and the funds 3303
provided by the school district to pay for its share of the 3304
project cost, including the respective shares of the cost of a 3305
segment if the project is divided into segments, be spent on the 3306
construction and acquisition of the project or segment 3307
simultaneously in proportion to the state's and the school 3308
district's respective shares of that basic project cost as 3309
determined under section 3318.032 of the Revised Code or, if the 3310
district is a joint vocational school district, under section 3311
3318.42 of the Revised Code. However, if the school district 3312
certifies to the commission that expenditure by the school 3313
district is necessary to maintain the federal tax status or 3314
tax-exempt status of notes or bonds issued by the school district 3315
to pay for its share of the project cost or to comply with 3316
applicable temporary investment periods or spending exceptions to 3317
rebate as provided for under federal law in regard to those notes 3318
or bonds, the school district may commit to spend, or spend, a 3319
greater portion of the funds it provides during any specific 3320
period than would otherwise be required under this division.3321

       (S) A provision stipulating that the commission may prohibit 3322
the district from proceeding with any project if the commission 3323
determines that the site is not suitable for construction 3324
purposes. The commission may perform soil tests in its 3325
determination of whether a site is appropriate for construction 3326
purposes.3327

       (T) A provision stipulating that, unless otherwise authorized 3328
by the commission, any contingency reserve portion of the 3329
construction budget prescribed by the commission shall be used 3330
only to pay costs resulting from unforeseen job conditions, to 3331
comply with rulings regarding building and other codes, to pay 3332
costs related to design clarifications or corrections to contract 3333
documents, and to pay the costs of settlements or judgments 3334
related to the project as provided under section 3318.086 of the 3335
Revised Code;3336

       (U) Provision stipulating that for continued release of 3337
project funds the school district board shall comply with section3338
sections 3313.41 and 3313.412 of the Revised Code throughout the 3339
project and shall notify the department of education and the Ohio 3340
community school association when the board plans to dispose of 3341
facilities by sale under that sectionthose sections;3342

       (V) Provision that the commission shall not approve a 3343
contract for demolition of a facility until the school district 3344
board has complied with sectionsections 3313.41 and 3313.412 of 3345
the Revised Code relative to that facility, unless demolition of 3346
that facility is to clear a site for construction of a replacement 3347
facility included in the district's project.3348

       Sec. 3319.02.  (A)(1) As used in this section, "other 3349
administrator" means any of the following:3350

       (a) Except as provided in division (A)(2) of this section, 3351
any employee in a position for which a board of education requires 3352
a license designated by rule of the department of education for 3353
being an administrator issued under section 3319.22 of the Revised 3354
Code, including a professional pupil services employee or 3355
administrative specialist or an equivalent of either one who is 3356
not employed as a school counselor and spends less than fifty per 3357
cent of the time employed teaching or working with students;3358

       (b) Any nonlicensed employee whose job duties enable such 3359
employee to be considered as either a "supervisor" or a 3360
"management level employee," as defined in section 4117.01 of the 3361
Revised Code;3362

       (c) A business manager appointed under section 3319.03 of the 3363
Revised Code.3364

       (2) As used in this section, "other administrator" does not 3365
include a superintendent, assistant superintendent, principal, or 3366
assistant principal.3367

       (B) The board of education of each school district and the 3368
governing board of an educational service center may appoint one 3369
or more assistant superintendents and such other administrators as 3370
are necessary. An assistant educational service center 3371
superintendent or service center supervisor employed on a 3372
part-time basis may also be employed by a local board as a 3373
teacher. The board of each city, exempted village, and local 3374
school district shall employ principals for all high schools and 3375
for such other schools as the board designates, and those boards 3376
may appoint assistant principals for any school that they 3377
designate.3378

       (C) In educational service centers and in city, exempted 3379
village, and local school districts, assistant superintendents, 3380
principals, assistant principals, and other administrators shall 3381
only be employed or reemployed in accordance with nominations of 3382
the superintendent, except that a board of education of a school 3383
district or the governing board of a service center, by a 3384
three-fourths vote of its full membership, may reemploy any 3385
assistant superintendent, principal, assistant principal, or other 3386
administrator whom the superintendent refuses to nominate. 3387

       The board of education or governing board shall execute a 3388
written contract of employment with each assistant superintendent, 3389
principal, assistant principal, and other administrator it employs 3390
or reemploys. The term of such contract shall not exceed three 3391
years except that in the case of a person who has been employed as 3392
an assistant superintendent, principal, assistant principal, or 3393
other administrator in the district or center for three years or 3394
more, the term of the contract shall be for not more than five 3395
years and, unless the superintendent of the district recommends 3396
otherwise, not less than two years. If the superintendent so 3397
recommends, the term of the contract of a person who has been 3398
employed by the district or service center as an assistant 3399
superintendent, principal, assistant principal, or other 3400
administrator for three years or more may be one year, but all 3401
subsequent contracts granted such person shall be for a term of 3402
not less than two years and not more than five years. When a 3403
teacher with continuing service status becomes an assistant 3404
superintendent, principal, assistant principal, or other 3405
administrator with the district or service center with which the 3406
teacher holds continuing service status, the teacher retains such 3407
status in the teacher's nonadministrative position as provided in 3408
sections 3311.77, 3319.08, and 3319.09 of the Revised Code.3409

       A board of education or governing board may reemploy an 3410
assistant superintendent, principal, assistant principal, or other 3411
administrator at any regular or special meeting held during the 3412
period beginning on the first day of January of the calendar year 3413
immediately preceding the year of expiration of the employment 3414
contract and ending on the last day of March of the year the 3415
employment contract expires.3416

       Except by mutual agreement of the parties thereto, no 3417
assistant superintendent, principal, assistant principal, or other 3418
administrator shall be transferred during the life of a contract 3419
to a position of lesser responsibility. No contract may be 3420
terminated by a board except pursuant to section 3319.16 of the 3421
Revised Code. No contract may be suspended except pursuant to 3422
section 3319.17 or 3319.171 of the Revised Code. The salaries and 3423
compensation prescribed by such contracts shall not be reduced by 3424
a board unless such reduction is a part of a uniform plan 3425
affecting the entire district or center. The contract shall 3426
specify the employee's administrative position and duties as 3427
included in the job description adopted under division (D) of this 3428
section, the salary and other compensation to be paid for 3429
performance of duties, the number of days to be worked, the number 3430
of days of vacation leave, if any, and any paid holidays in the 3431
contractual year.3432

       An assistant superintendent, principal, assistant principal, 3433
or other administrator is, at the expiration of the current term 3434
of employment, deemed reemployed at the same salary plus any 3435
increments that may be authorized by the board, unless such 3436
employee notifies the board in writing to the contrary on or 3437
before the first day of June, or unless such board, on or before 3438
the last day of March of the year in which the contract of 3439
employment expires, either reemploys such employee for a 3440
succeeding term or gives written notice of its intention not to 3441
reemploy the employee. The term of reemployment of a person 3442
reemployed under this paragraph shall be one year, except that if 3443
such person has been employed by the school district or service 3444
center as an assistant superintendent, principal, assistant 3445
principal, or other administrator for three years or more, the 3446
term of reemployment shall be two years.3447

       (D)(1) Each board shall adopt procedures for the evaluation 3448
of all assistant superintendents, principals, assistant 3449
principals, and other administrators and shall evaluate such 3450
employees in accordance with those procedures. The procedures for 3451
the evaluation of principals shall be based on principles 3452
comparable to the teacher evaluation policy adopted by the board 3453
under section 3319.111 of the Revised Code, but shall be tailored 3454
to the duties and responsibilities of principals and the 3455
environment in which principals work. An evaluation based upon 3456
procedures adopted under this division shall be considered by the 3457
board in deciding whether to renew the contract of employment of 3458
an assistant superintendent, principal, assistant principal, or 3459
other administrator.3460

       (2) The evaluation shall measure each assistant 3461
superintendent's, principal's, assistant principal's, and other 3462
administrator's effectiveness in performing the duties included in 3463
the job description and the evaluation procedures shall provide 3464
for, but not be limited to, the following:3465

       (a) Each assistant superintendent, principal, assistant 3466
principal, and other administrator shall be evaluated annually 3467
through a written evaluation process.3468

       (b) The evaluation shall be conducted by the superintendent 3469
or designee.3470

       (c) In order to provide time to show progress in correcting 3471
the deficiencies identified in the evaluation process, the 3472
evaluation process shall be completed as follows:3473

       (i) In any school year that the employee's contract of 3474
employment is not due to expire, at least one evaluation shall be 3475
completed in that year. A written copy of the evaluation shall be 3476
provided to the employee no later than the end of the employee's 3477
contract year as defined by the employee's annual salary notice.3478

       (ii) In any school year that the employee's contract of 3479
employment is due to expire, at least a preliminary evaluation and 3480
at least a final evaluation shall be completed in that year. A 3481
written copy of the preliminary evaluation shall be provided to 3482
the employee at least sixty days prior to any action by the board 3483
on the employee's contract of employment. The final evaluation 3484
shall indicate the superintendent's intended recommendation to the 3485
board regarding a contract of employment for the employee. A 3486
written copy of the evaluation shall be provided to the employee 3487
at least five days prior to the board's acting to renew or not 3488
renew the contract.3489

       (3) Termination of an assistant superintendent, principal, 3490
assistant principal, or other administrator's contract shall be 3491
pursuant to section 3319.16 of the Revised Code. Suspension of any 3492
such employee shall be pursuant to section 3319.17 or 3319.171 of 3493
the Revised Code.3494

       (4) Before taking action to renew or nonrenew the contract of 3495
an assistant superintendent, principal, assistant principal, or 3496
other administrator under this section and prior to the last day 3497
of March of the year in which such employee's contract expires, 3498
the board shall notify each such employee of the date that the 3499
contract expires and that the employee may request a meeting with 3500
the board. Upon request by such an employee, the board shall grant 3501
the employee a meeting in executive session. In that meeting, the 3502
board shall discuss its reasons for considering renewal or 3503
nonrenewal of the contract. The employee shall be permitted to 3504
have a representative, chosen by the employee, present at the 3505
meeting.3506

       (5) The establishment of an evaluation procedure shall not 3507
create an expectancy of continued employment. Nothing in division 3508
(D) of this section shall prevent a board from making the final 3509
determination regarding the renewal or nonrenewal of the contract 3510
of any assistant superintendent, principal, assistant principal, 3511
or other administrator. However, if a board fails to provide 3512
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this 3513
section, or if the board fails to provide at the request of the 3514
employee a meeting as prescribed in division (D)(4) of this 3515
section, the employee automatically shall be reemployed at the 3516
same salary plus any increments that may be authorized by the 3517
board for a period of one year, except that if the employee has 3518
been employed by the district or service center as an assistant 3519
superintendent, principal, assistant principal, or other 3520
administrator for three years or more, the period of reemployment 3521
shall be for two years.3522

       (E) On nomination of the superintendent of a service center a 3523
governing board may employ supervisors who shall be employed under 3524
written contracts of employment for terms not to exceed five years 3525
each. Such contracts may be terminated by a governing board 3526
pursuant to section 3319.16 of the Revised Code. Any supervisor 3527
employed pursuant to this division may terminate the contract of 3528
employment at the end of any school year after giving the board at 3529
least thirty days' written notice prior to such termination. On 3530
the recommendation of the superintendent the contract or contracts 3531
of any supervisor employed pursuant to this division may be 3532
suspended for the remainder of the term of any such contract 3533
pursuant to section 3319.17 or 3319.171 of the Revised Code.3534

       (F) A board may establish vacation leave for any individuals 3535
employed under this section. Upon such an individual's separation 3536
from employment, a board that has such leave may compensate such 3537
an individual at the individual's current rate of pay for all 3538
lawfully accrued and unused vacation leave credited at the time of 3539
separation, not to exceed the amount accrued within three years 3540
before the date of separation. In case of the death of an 3541
individual employed under this section, such unused vacation leave 3542
as the board would have paid to the individual upon separation 3543
under this section shall be paid in accordance with section 3544
2113.04 of the Revised Code, or to the estate.3545

       (G) The board of education of any school district may 3546
contract with the governing board of the educational service 3547
center from which it otherwise receives services to conduct 3548
searches and recruitment of candidates for assistant 3549
superintendent, principal, assistant principal, and other 3550
administrator positions authorized under this section.3551

       Sec. 3319.071.  The board of education of any school district 3552
may, by resolution, establish a professional development program 3553
for teachers in accordance with which it may reimburse teachers 3554
employed by the district for all or any part of the cost incurred 3555
by the teacher in the successful completion of a course or 3556
training program in which the teacher enrolled as part of the 3557
development program. The terms and conditions for participation 3558
shall be determined by the board and shall be included in the 3559
resolution establishing the program.3560

       No teacher shall be required to participate in a professional 3561
development program under this section. When a teacher is 3562
participating in such a program, such participation does not 3563
constitute the performance of duties by such teacher in addition 3564
to the teacher's regular teaching duties and is not subject to 3565
section 3311.77 or 3319.08 of the Revised Code.3566

       As used in this section, "teacher" has the meaning contained 3567
in division (A) of section 3319.09 of the Revised Code.3568

       Sec. 3319.10.  Teachers may be employed as substitute 3569
teachers for terms not to exceed one year for assignment as 3570
services are needed to take the place of regular teachers absent 3571
on account of illness or on leaves of absence or to fill 3572
temporarily positions created by emergencies; such assignment to 3573
be subject to termination when such services no longer are needed.3574

       A teacher employed as a substitute with an assignment to one 3575
specific teaching position shall after sixty days of service be 3576
granted sick leave, visiting days, and other local privileges 3577
granted to regular teachers including a salary not less than the 3578
minimum salary on the current adopted salary schedule.3579

       A teacher employed as a substitute for one hundred twenty 3580
days or more during a school year and re-employed for or assigned 3581
to a specific teaching position for the succeeding year shall 3582
receive a contract as a regular teacher if the substitute meets 3583
the local educational requirements for the employment of regular 3584
teachers.3585

       Teachers employed as substitutes on a casual or day-to-day 3586
basis shall not be entitled to the notice of nonre-employment 3587
prescribed in section 3311.81 or 3319.11 of the Revised Code, but 3588
boards of education may grant such teachers sick leave and other 3589
local privileges and cumulate such service in determining 3590
seniority.3591

       For purposes of determining in any school year the days of 3592
service of a substitute teacher under this section, any teacher's 3593
days of service in that school year while conditionally employed 3594
as a substitute teacher under section 3319.101 of the Revised Code 3595
shall count as days of service as a substitute teacher under this 3596
section.3597

       Sec. 3319.112.  (A) Not later than December 31, 2011, the 3598
state board of education shall develop a standards-based state 3599
framework for the evaluation of teachers. The framework shall 3600
establish an evaluation system that does the following:3601

        (1) Provides for multiple evaluation factors, including 3602
student academic growth which shall account for fifty per cent of 3603
each evaluation;3604

        (2) Is aligned with the standards for teachers adopted under 3605
section 3319.61 of the Revised Code;3606

        (3) Requires observation of the teacher being evaluated, 3607
including at least two formal observations by the evaluator of at 3608
least thirty minutes each and classroom walk-throughs;3609

        (4) Assigns a rating on each evaluation in accordance with 3610
division (B) of this section;3611

        (5) Requires each teacher to be provided with a written 3612
report of the results of the teacher's evaluation;3613

        (6) Identifies measures of student academic growth for grade 3614
levels and subjects for which the value-added progress dimension 3615
prescribed by section 3302.021 of the Revised Code does not apply;3616

        (7) Implements a classroom-level, value-added program 3617
developed by a nonprofit organization described in division (B) of 3618
section 3302.021 of the Revised Code;3619

        (8) Provides for professional development to accelerate and 3620
continue teacher growth and provide support to poorly performing 3621
teachers;3622

        (9) Provides for the allocation of financial resources to 3623
support professional development.3624

       (B) For purposes of the framework developed under this 3625
section, the state board also shall do the following:3626

       (1) Develop specific standards and criteria that distinguish 3627
between the following levels of performance for teachers and 3628
principals for the purpose of assigning ratings on the evaluations 3629
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111 3630
of the Revised Code:3631

       (a) Accomplished;3632

       (b) Proficient;3633

       (c) Developing;3634

       (d) Ineffective.3635

       (2) For grade levels and subjects for which the assessments 3636
prescribed under sections 3301.0710 and 3301.0712 of the Revised 3637
Code and the value-added progress dimension prescribed by section 3638
3302.021 of the Revised Code do not apply, develop a list of 3639
student assessments that measure mastery of the course content for 3640
the appropriate grade level, which may include nationally normed 3641
standardized assessments, industry certification examinations, or 3642
end-of-course examinations.3643

       (C) The state board shall consult with experts, teachers and 3644
principals employed in public schools, and representatives of 3645
stakeholder groups in developing the standards and criteria 3646
required by division (B)(1) of this section.3647

       (D) To assist school districts in developing evaluation 3648
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of 3649
the Revised Code, the department shall do both of the following:3650

       (1) Serve as a clearinghouse of promising evaluation 3651
procedures and evaluation models that districts may use;3652

       (2) Provide technical assistance to districts in creating 3653
evaluation policies.3654

       Sec. 3319.12.  Each board of education shall cause notice to 3655
be given annually not later than the first day of July to each 3656
teacher who holds a contract valid for the succeeding school year, 3657
as to the salary to be paid such teacher during such year. Such 3658
salary shall not be lower than the salary paid during the 3659
preceding school year unless such reduction is a part of a uniform 3660
plan affecting the entire district. This section does not prevent 3661
increases of salary after the board's annual notice has been 3662
given.3663

       Except by mutual agreement of the parties thereto a teacher 3664
employed under a contract of employment in an administrative, or 3665
supervisory position in a school district, or in any position 3666
provided for by section 3319.01 or 3319.02 of the Revised Code, 3667
shall not be transferred during the life of histhe teacher's3668
contract to a position of lesser responsibility. No contract or 3669
supplemental contract for the employment of a teacher, whether for 3670
an administrative or supervisory position, a position provided for 3671
by sections 3319.01 and 3319.02 of the Revised Code, regular 3672
teaching duties, or additional duties, may be terminated or 3673
suspended by a board of education except pursuant to section3674
3311.82, 3319.02, or 3319.16 of the Revised Code, and the salaries 3675
and compensations prescribed by such contracts shall not be 3676
reduced by a board of education unless such reduction is a part of 3677
a uniform plan affecting the entire district. This section shall 3678
apply only to contracts entered into after August 18, 1969.3679

       Sec. 3319.13.  Upon the written request of a teacher or a 3680
regular nonteaching school employee, a board of education may 3681
grant a leave of absence for a period of not more than two 3682
consecutive school years for educational, professional, or other 3683
purposes, and shall grant such leave where illness or other 3684
disability is the reason for the request. Upon subsequent request, 3685
such leave may be renewed by the board. Without request, a board 3686
may grant similar leave of absence and renewals thereof to any 3687
teacher or regular nonteaching school employee because of physical 3688
or mental disability, but such teacher may have a hearing before 3689
the board on such unrequested leave of absence or its renewals in 3690
accordance with section 3311.82 or 3319.16 of the Revised Code, 3691
and such nonteaching school employee may have a hearing on such 3692
unrequested leave of absence or its renewals in accordance with 3693
division (C) of section 3319.081 of the Revised Code. Upon the 3694
return to service of a teacher or a nonteaching school employee at 3695
the expiration of a leave of absence, the teacher or nonteaching 3696
school employee shall resume the contract status that the teacher 3697
or nonteaching school employee held prior to the leave of absence. 3698
Any teacher who leaves a teaching position for service in the 3699
uniformed services and who returns from service in the uniformed 3700
services that is terminated in a manner other than as described in 3701
section 4304 of Title 38 of the United States Code, "Uniformed 3702
Services Employment and Reemployment Rights Act of 1994," 108 3703
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status 3704
held prior to entering the uniformed services, subject to passing 3705
a physical examination by an individual authorized by the Revised 3706
Code to conduct physical examinations, including a physician 3707
assistant, a clinical nurse specialist, a certified nurse 3708
practitioner, or a certified nurse-midwife. Any written 3709
documentation of the physical examination shall be completed by 3710
the individual who conducted the examination. Such contract status 3711
shall be resumed at the first of the school semester or the 3712
beginning of the school year following return from the uniformed 3713
services. For purposes of this section and section 3319.14 of the 3714
Revised Code, "uniformed services" and "service in the uniformed 3715
services" have the same meanings as defined in section 5923.05 of 3716
the Revised Code.3717

       Upon the return of a nonteaching school employee from a leave 3718
of absence, the board may terminate the employment of a person 3719
hired exclusively for the purpose of replacing the returning 3720
employee while the returning employee was on leave. If, after the 3721
return of a nonteaching employee from leave, the person employed 3722
exclusively for the purpose of replacing an employee while the 3723
employee was on leave is continued in employment as a regular 3724
nonteaching school employee or if the person is hired by the board 3725
as a regular nonteaching school employee within a year after 3726
employment as a replacement is terminated, the person shall, for 3727
purposes of section 3319.081 of the Revised Code, receive credit 3728
for the person's length of service with the school district during 3729
such replacement period in the following manner:3730

       (A) If employed as a replacement for less than twelve months, 3731
the person shall be employed under a contract valid for a period 3732
equal to twelve months less the number of months employed as a 3733
replacement. At the end of such contract period, if the person is 3734
reemployed it shall be under a two-year contract. Subsequent 3735
reemployment shall be pursuant to division (B) of section 3319.081 3736
of the Revised Code.3737

       (B) If employed as a replacement for twelve months or more 3738
but less than twenty-four months, the person shall be employed 3739
under a contract valid for a period equal to twenty-four months 3740
less the number of months employed as a replacement. Subsequent 3741
reemployment shall be pursuant to division (B) of section 3319.081 3742
of the Revised Code.3743

       (C) If employed as a replacement for more than twenty-four 3744
months, the person shall be employed pursuant to division (B) of 3745
section 3319.081 of the Revised Code.3746

       For purposes of this section, employment during any part of a 3747
month shall count as employment during the entire month.3748

       Sec. 3319.14.  Any teacher who has left, or leaves, a 3749
teaching position, by resignation or otherwise, and within forty 3750
school days thereafter entered, or enters, the uniformed services 3751
and whose service is terminated in a manner other than as 3752
described in section 4304 of Title 38 of the United States Code, 3753
"Uniformed Services Employment and Reemployment Rights Act of 3754
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by 3755
the board of education of the district in which the teacher held 3756
such teaching position, under the same type of contract as that 3757
which the teacher last held in such district, if the teacher 3758
applies to the board of education for reemployment in accordance 3759
with the "Uniformed Services Employment and Reemployment Rights 3760
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such 3761
application, the teacher shall be reemployed at the first of the 3762
next school semester, if the application is made not less than 3763
thirty days prior to the first of the next school semester, in 3764
which case the teacher shall be reemployed the first of the 3765
following school semester, unless the board of education waives 3766
the requirement for the thirty-day period.3767

       For the purposes of seniority and placement on the salary 3768
schedule, years of absence performing service in the uniformed 3769
services shall be counted as though teaching service had been 3770
performed during such time.3771

       The board of education of the district in which such teacher 3772
was employed and is reemployed under this section may suspend the 3773
contract of the teacher whose services become unnecessary by 3774
reason of the return of a teacher from service in the uniformed 3775
services in accordance with section 3311.83, 3319.17, or 3319.171 3776
of the Revised Code.3777

       Sec. 3319.141.  Each person who is employed by any board of 3778
education in this state, except for substitutes, adult education 3779
instructors who are scheduled to work the full-time equivalent of 3780
less than one hundred twenty days per school year, or persons who 3781
are employed on an as-needed, seasonal, or intermittent basis, 3782
shall be entitled to fifteen days sick leave with pay, for each 3783
year under contract, which shall be credited at the rate of one 3784
and one-fourth days per month. Teachers and regular nonteaching 3785
school employees, upon approval of the responsible administrative 3786
officer of the school district, may use sick leave for absence due 3787
to personal illness, pregnancy, injury, exposure to contagious 3788
disease which could be communicated to others, and for absence due 3789
to illness, injury, or death in the employee's immediate family. 3790
Unused sick leave shall be cumulative up to one hundred twenty 3791
work days, unless more than one hundred twenty days are approved 3792
by the employing board of education. The previously accumulated 3793
sick leave of a person who has been separated from public service, 3794
whether accumulated pursuant to section 124.38 of the Revised Code 3795
or pursuant to this section, shall be placed to the person's 3796
credit upon re-employment in the public service, provided that 3797
such re-employment takes place within ten years of the date of the 3798
last termination from public service. A teacher or nonteaching 3799
school employee who transfers from one public agency to another 3800
shall be credited with the unused balance of the teacher's or 3801
nonteaching employee's accumulated sick leave up to the maximum of 3802
the sick leave accumulation permitted in the public agency to 3803
which the employee transfers. Teachers and nonteaching school 3804
employees who render regular part-time, per diem, or hourly 3805
service shall be entitled to sick leave for the time actually 3806
worked at the same rate as that granted like full-time employees, 3807
calculated in the same manner as the ratio of sick leave granted 3808
to hours of service established by section 124.38 of the Revised 3809
Code. Each board of education may establish regulations for the 3810
entitlement, crediting and use of sick leave by those substitute 3811
teachers employed by such board pursuant to section 3319.10 of the 3812
Revised Code who are not otherwise entitled to sick leave pursuant 3813
to such section. A board of education shall require a teacher or 3814
nonteaching school employee to furnish a written, signed statement 3815
on forms prescribed by such board to justify the use of sick 3816
leave. If medical attention is required, the employee's statement 3817
shall list the name and address of the attending physician and the 3818
dates when the physician was consulted. Nothing in this section 3819
shall be construed to waive the physician-patient privilege 3820
provided by section 2317.02 of the Revised Code. Falsification of 3821
a statement is grounds for suspension or termination of employment 3822
under sections 3311.82, 3319.081, and 3319.16 of the Revised Code. 3823
No sick leave shall be granted or credited to a teacher after the 3824
teacher's retirement or termination of employment.3825

       Except to the extent used as sick leave, leave granted under 3826
regulations adopted by a board of education pursuant to section 3827
3311.77 or 3319.08 of the Revised Code shall not be charged 3828
against sick leave earned or earnable under this section. Nothing 3829
in this section shall be construed to affect in any other way the 3830
granting of leave pursuant to section 3311.77 or 3319.08 of the 3831
Revised Code and any granting of sick leave pursuant to such 3832
section shall be charged against sick leave accumulated pursuant 3833
to this section.3834

       This section shall not be construed to interfere with any 3835
unused sick leave credit in any agency of government where 3836
attendance records are maintained and credit has been given for 3837
unused sick leave. Unused sick leave accumulated by teachers and 3838
nonteaching school employees under section 124.38 of the Revised 3839
Code shall continue to be credited toward the maximum accumulation 3840
permitted in accordance with this section. Each newly hired 3841
regular nonteaching and each regular nonteaching employee of any 3842
board of education who has exhausted the employee's accumulated 3843
sick leave shall be entitled to an advancement of not less than 3844
five days of sick leave each year, as authorized by rules which 3845
each board shall adopt, to be charged against the sick leave the 3846
employee subsequently accumulates under this section.3847

       This section shall be uniformly administered.3848

       Sec. 3319.143.  Notwithstanding section 3319.141 of the 3849
Revised Code, the board of education of a city, exempted village, 3850
local or joint vocational school district may adopt a policy of 3851
assault leave by which an employee who is absent due to physical 3852
disability resulting from an assault which occurs in the course of 3853
board employment will be maintained on full pay status during the 3854
period of such absence. A board of education electing to effect 3855
such a policy of assault leave shall establish rules for the 3856
entitlement, crediting, and use of assault leave and file a copy 3857
of same with the state board of education. A board of education 3858
adopting this policy shall require an employee to furnish a signed 3859
statement on forms prescribed by such board to justify the use of 3860
assault leave. If medical attention is required, a certificate 3861
from a licensed physician stating the nature of the disability and 3862
its duration shall be required before assault leave can be 3863
approved for payment. Falsification of either a signed statement 3864
or a physician's certificate is ground for suspension or 3865
termination of employment under section 3311.82 or 3319.16 of the 3866
Revised Code.3867

       Assault leave granted under rules adopted by a board of 3868
education pursuant to this section shall not be charged against 3869
sick leave earned or earnable under section 3319.141 of the 3870
Revised Code or leave granted under rules adopted by a board of 3871
education pursuant to section 3311.77 or 3319.08 of the Revised 3872
Code. This section shall be uniformly administered in those 3873
districts where such policy is adopted.3874

       Sec. 3319.151.  (A) No person shall reveal to any student any 3875
specific question that the person knows is part of an assessment 3876
to be administered under section 3301.0711 of the Revised Code or 3877
in any other way assist a pupil to cheat on such an assessment.3878

       (B) On a finding by the state board of education, after 3879
investigation, that a school employee who holds a license issued 3880
under sections 3319.22 to 3319.31 of the Revised Code has violated 3881
division (A) of this section, the license of such teacher shall be 3882
suspended for one year. Prior to commencing an investigation, the 3883
board shall give the teacher notice of the allegation and an 3884
opportunity to respond and present a defense.3885

       (C)(1) Violation of division (A) of this section is grounds 3886
for termination of employment of a nonteaching employee under 3887
division (C) of section 3319.081 or section 124.34 of the Revised 3888
Code.3889

       (2) Violation of division (A) of this section is grounds for 3890
termination of a teacher contract under section 3311.82 or 3319.16 3891
of the Revised Code.3892

       Sec. 3319.18.  If an entire school district or that part of a 3893
school district which comprises the territory in which a school is 3894
situated is transferred to any other district, or if a new school 3895
district is created, the teachers in such districts or schools 3896
employed on continuing contracts immediately prior to such 3897
transfer, or creation shall, subject to section 3311.83, 3319.17,3898
or 3319.171 of the Revised Code, have continuing service status in 3899
the newly created district, or in the district to which the 3900
territory is transferred.3901

       The limited contracts of the teachers employed in such 3902
districts or schools immediately prior to such transfer, or 3903
creation, shall become the legal obligations of the board of 3904
education in the newly created district, or in the district to 3905
which the territory is transferred, subject to section 3311.83,3906
3319.17, or 3319.171 of the Revised Code. The teaching experience 3907
of such teachers in such prior districts or schools shall be 3908
included in the three years of service required under section 3909
3319.11 of the Revised Code for a teacher to become eligible for 3910
continuing service status.3911

       Teachers employed on limited or continuing contracts in an 3912
entire school district or that part of a school district which 3913
comprises the territory in which a school is situated which is 3914
transferred to any other district or which is merged with other 3915
school territory to create a new school district, shall be placed, 3916
on the effective date of such transfer or merger, on the salary 3917
schedule of the district to which the territory is transferred or 3918
the newly created district, according to their training and 3919
experience. Such experience shall be the total sum of the years 3920
taught in the district whose territory was transferred or merged 3921
to create a new district, plus the total number of years of 3922
teaching experience recognized by such previous district upon its 3923
first employment of such teachers.3924

       The placement of the teachers on the salary schedule, 3925
pursuant to this section, shall not result, however, in the salary 3926
of any teacher being less than the teacher's current annual salary 3927
for regular duties, in existence immediately prior to the merger 3928
or transfer.3929

        When suspending contracts in accordance with an 3930
administrative personnel suspension policy adopted under section 3931
3319.171 of the Revised Code, a board may consider years of 3932
teaching service in the previous district in its decision if it is 3933
a part of the suspension policy.3934

       Sec. 3319.283.  (A) The board of education of any school 3935
district may employ an individual who is not certificated or 3936
licensed as required by Chapter 3319. of the Revised Code, but who 3937
meets the following qualifications, as a teacher in the schools of 3938
the district:3939

       (1) The individual is a veteran of the armed forces of the 3940
United States and was honorably discharged within three years of 3941
June 30, 1997;3942

       (2) While in the armed forces the individual had meaningful 3943
teaching or other instructional experience;3944

       (3) The individual holds at least a baccalaureate degree.3945

       (B) An individual employed under this section shall be deemed 3946
to hold a teaching certificate or educator license for the 3947
purposes of state and federal law and rules and regulations and 3948
school district policies, rules, and regulations. However, an 3949
individual employed under this section is not a highly qualified 3950
teacher for purposes of the school district's compliance with 3951
section 3319.074 of the Revised Code. Each individual employed 3952
under this section shall meet the requirement to successfully 3953
complete fifteen hours, or the equivalent, of coursework every 3954
five years that is approved by the local professional development 3955
committee as is required of other teachers licensed in accordance 3956
with Chapter 3319. of the Revised Code.3957

       (C) The superintendent of public instruction may revoke the 3958
right of an individual employed under division (A) of this section 3959
to teach if, after an investigation and an adjudication conducted 3960
pursuant to Chapter 119. of the Revised Code, the superintendent 3961
finds that the person is not competent to teach the subject the 3962
person has been employed to teach or did not fulfill the 3963
requirements of division (A) of this section. No individual whose 3964
right to teach has been revoked under this division shall teach in 3965
a public school, and no board of education may engage such an 3966
individual to teach in the schools of its district.3967

       Notwithstanding division (B) of this section, a board of 3968
education is not required to comply with the provisions of 3969
sections 3311.81, 3311.82, 3319.11, and 3319.16 of the Revised 3970
Code with regard to termination of employment if the 3971
superintendent, after an investigation and an adjudication, has 3972
revoked the individual's right to teach.3973

       Sec. 4117.25.  (A) As used in this section:3974

       (1) Notwithstanding division (B) of section 4117.01 of the 3975
Revised Code, "public employer" means either of the following:3976

       (a) A board of education of a municipal school district;3977

       (b) The governing authority of a conversion community school 3978
that is sponsored by the board of education of a municipal school 3979
district.3980

       (2) "Municipal school district" has the same meaning as in 3981
section 3311.71 of the Revised Code.3982

       (B) Notwithstanding division (B) of section 4117.14 of the 3983
Revised Code, if an agreement exists between a public employer and 3984
an exclusive representative of the public employer's public 3985
employees, a party to that agreement shall serve written notice 3986
upon the other party to negotiate a new collective bargaining 3987
agreement pursuant to this section and the state employment 3988
relations board to commence negotiating that agreement not less 3989
than one hundred twenty days prior to the date the existing 3990
agreement expires. Upon receipt of the notice, the parties shall 3991
enter into collective bargaining. The parties shall continue in 3992
full force and effect all the terms and conditions of the existing 3993
collective bargaining agreement, without resort to strike or 3994
lock-out, for a period of one hundred twenty days after the party 3995
gives notice or until the expiration date of the collective 3996
bargaining agreement, whichever occurs later.3997

       (C) Notwithstanding division (G) of section 4117.01, division 3998
(A)(4) of section 4117.03, or division (A) or (C) of section 3999
4117.08 of the Revised Code, and except as otherwise provided in 4000
division (D) of this section, for purposes of negotiating and 4001
entering into a collective bargaining agreement under this 4002
section, the continuation, modification, or deletion of an 4003
existing provision of a collective bargaining agreement is not an 4004
appropriate subject of collective bargaining. The parties shall 4005
negotiate the terms of a collective bargaining agreement as if no 4006
previous collective bargaining agreement to which the public 4007
employer was a party existed. Any provision in a prior agreement 4008
entered into by the public employer shall not be a basis for 4009
negotiating a provision in a collective bargaining agreement 4010
entered into under this section.4011

       (D) The provisions of a collective bargaining agreement that 4012
exists on the date the party serves the notice under division (B) 4013
of this section that address recognition of the exclusive 4014
representative and the payment of dues and fair share fees may be 4015
carried over into an agreement entered into under this section.4016

       (E) During the one-hundred-twenty-day period described in 4017
division (B) of this section, the public employer, consistent with 4018
sections 3311.71 to 3311.84 of the Revised Code, shall establish 4019
the hours and terms and conditions of employment of the public 4020
employer's public employees covered by the existing collective 4021
bargaining agreement that shall prevail over any conflicting 4022
statutes in the same manner as collective bargaining agreements 4023
pursuant to section 4117.10 of the Revised Code. The hours and 4024
terms and conditions of employment established by the public 4025
employer shall be the basis for negotiating a collective 4026
bargaining agreement under this section. If the parties fail to 4027
enter into a collective bargaining agreement prior to the date the 4028
existing collective bargaining agreement expires, the hours and 4029
terms and conditions of employment established by the public 4030
employer shall govern the public employer's public employees 4031
covered by the expiring agreement beginning on the date the 4032
agreement expires and ending on the effective date of the 4033
collective bargaining agreement entered into under this section. 4034
If the parties fail to reach an agreement and have exhausted the 4035
procedures described in section 4117.14 of the Revised Code, the 4036
public employer's public employees shall continue to be subject to 4037
the hours and terms and conditions of employment established by 4038
the public employer and consistent with sections 3311.71 to 4039
3311.84 and 4117.10 of the Revised Code.4040

       (F) Except as otherwise provided in this section, the 4041
requirements of this chapter apply to a collective bargaining 4042
agreement entered into under this section.4043

       (G) The parties may enter into an agreement under this 4044
section only one time per applicable bargaining unit. Any future 4045
collective bargaining agreements entered into between a public 4046
employer and an exclusive representative after an agreement 4047
entered into under this section shall be subject to sections 4048
4117.03 to 4117.23 of the Revised Code.4049

       Sec. 4141.29.  Each eligible individual shall receive 4050
benefits as compensation for loss of remuneration due to 4051
involuntary total or partial unemployment in the amounts and 4052
subject to the conditions stipulated in this chapter.4053

       (A) No individual is entitled to a waiting period or benefits 4054
for any week unless the individual:4055

       (1) Has filed a valid application for determination of 4056
benefit rights in accordance with section 4141.28 of the Revised 4057
Code;4058

       (2) Has made a claim for benefits in accordance with section 4059
4141.28 of the Revised Code;4060

       (3) Has registered at an employment office or other 4061
registration place maintained or designated by the director of job 4062
and family services. Registration shall be made in accordance with 4063
the time limits, frequency, and manner prescribed by the director.4064

       (4)(a)(i) Is able to work and available for suitable work 4065
and, except as provided in division (A)(4)(a)(ii) of this section, 4066
is actively seeking suitable work either in a locality in which 4067
the individual has earned wages subject to this chapter during the 4068
individual's base period, or if the individual leaves that 4069
locality, then in a locality where suitable work normally is 4070
performed.4071

       (ii) The director may waive the requirement that a claimant 4072
be actively seeking work when the director finds that the 4073
individual has been laid off and the employer who laid the 4074
individual off has notified the director within ten days after the 4075
layoff, that work is expected to be available for the individual 4076
within a specified number of days not to exceed forty-five 4077
calendar days following the last day the individual worked. In the 4078
event the individual is not recalled within the specified period, 4079
this waiver shall cease to be operative with respect to that 4080
layoff.4081

       (b) The individual shall be instructed as to the efforts that 4082
the individual must make in the search for suitable work, except 4083
where the active search for work requirement has been waived under 4084
division (A)(4)(a) of this section, and shall keep a record of 4085
where and when the individual has sought work in complying with 4086
those instructions and, upon request, shall produce that record 4087
for examination by the director.4088

       (c) An individual who is attending a training course approved 4089
by the director meets the requirement of this division, if 4090
attendance was recommended by the director and the individual is 4091
regularly attending the course and is making satisfactory 4092
progress. An individual also meets the requirements of this 4093
division if the individual is participating and advancing in a 4094
training program, as defined in division (P) of section 5709.61 of 4095
the Revised Code, and if an enterprise, defined in division (B) of 4096
section 5709.61 of the Revised Code, is paying all or part of the 4097
cost of the individual's participation in the training program 4098
with the intention of hiring the individual for employment as a 4099
new employee, as defined in division (L) of section 5709.61 of the 4100
Revised Code, for at least ninety days after the individual's 4101
completion of the training program.4102

       (d) An individual who becomes unemployed while attending a 4103
regularly established school and whose base period qualifying 4104
weeks were earned in whole or in part while attending that school, 4105
meets the availability and active search for work requirements of 4106
division (A)(4)(a) of this section if the individual regularly 4107
attends the school during weeks with respect to which the 4108
individual claims unemployment benefits and makes self available 4109
on any shift of hours for suitable employment with the 4110
individual's most recent employer or any other employer in the 4111
individual's base period, or for any other suitable employment to 4112
which the individual is directed, under this chapter.4113

       (e) The director shall adopt any rules that the director 4114
deems necessary for the administration of division (A)(4) of this 4115
section.4116

       (f) Notwithstanding any other provisions of this section, no 4117
otherwise eligible individual shall be denied benefits for any 4118
week because the individual is in training approved under section 4119
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 4120
2296, nor shall that individual be denied benefits by reason of 4121
leaving work to enter such training, provided the work left is not 4122
suitable employment, or because of the application to any week in 4123
training of provisions in this chapter, or any applicable federal 4124
unemployment compensation law, relating to availability for work, 4125
active search for work, or refusal to accept work.4126

       For the purposes of division (A)(4)(f) of this section, 4127
"suitable employment" means with respect to an individual, work of 4128
a substantially equal or higher skill level than the individual's 4129
past adversely affected employment, as defined for the purposes of 4130
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and 4131
wages for such work at not less than eighty per cent of the 4132
individual's average weekly wage as determined for the purposes of 4133
that federal act.4134

       (5) Is unable to obtain suitable work. An individual who is 4135
provided temporary work assignments by the individual's employer 4136
under agreed terms and conditions of employment, and who is 4137
required pursuant to those terms and conditions to inquire with 4138
the individual's employer for available work assignments upon the 4139
conclusion of each work assignment, is not considered unable to 4140
obtain suitable employment if suitable work assignments are 4141
available with the employer but the individual fails to contact 4142
the employer to inquire about work assignments.4143

       (6) Participates in reemployment services, such as job search 4144
assistance services, if the individual has been determined to be 4145
likely to exhaust benefits under this chapter, including 4146
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than 4147
extended compensation, and needs reemployment services pursuant to 4148
the profiling system established by the director under division 4149
(K) of this section, unless the director determines that:4150

       (a) The individual has completed such services; or4151

       (b) There is justifiable cause for the claimant's failure to 4152
participate in such services.4153

       (B) An individual suffering total or partial unemployment is 4154
eligible for benefits for unemployment occurring subsequent to a 4155
waiting period of one week and no benefits shall be payable during 4156
this required waiting period. Not more than one week of waiting 4157
period shall be required of any individual in any benefit year in 4158
order to establish the individual's eligibility for total or 4159
partial unemployment benefits.4160

       (C) The waiting period for total or partial unemployment 4161
shall commence on the first day of the first week with respect to 4162
which the individual first files a claim for benefits at an 4163
employment office or other place of registration maintained or 4164
designated by the director or on the first day of the first week 4165
with respect to which the individual has otherwise filed a claim 4166
for benefits in accordance with the rules of the department of job 4167
and family services, provided such claim is allowed by the 4168
director.4169

       (D) Notwithstanding division (A) of this section, no 4170
individual may serve a waiting period or be paid benefits under 4171
the following conditions:4172

       (1) For any week with respect to which the director finds 4173
that:4174

       (a) The individual's unemployment was due to a labor dispute 4175
other than a lockout at any factory, establishment, or other 4176
premises located in this or any other state and owned or operated 4177
by the employer by which the individual is or was last employed; 4178
and for so long as the individual's unemployment is due to such 4179
labor dispute. No individual shall be disqualified under this 4180
provision if either of the following applies:4181

       (i) The individual's employment was with such employer at any 4182
factory, establishment, or premises located in this state, owned 4183
or operated by such employer, other than the factory, 4184
establishment, or premises at which the labor dispute exists, if 4185
it is shown that the individual is not financing, participating 4186
in, or directly interested in such labor dispute;4187

       (ii) The individual's employment was with an employer not 4188
involved in the labor dispute but whose place of business was 4189
located within the same premises as the employer engaged in the 4190
dispute, unless the individual's employer is a wholly owned 4191
subsidiary of the employer engaged in the dispute, or unless the 4192
individual actively participates in or voluntarily stops work 4193
because of such dispute. If it is established that the claimant 4194
was laid off for an indefinite period and not recalled to work 4195
prior to the dispute, or was separated by the employer prior to 4196
the dispute for reasons other than the labor dispute, or that the 4197
individual obtained a bona fide job with another employer while 4198
the dispute was still in progress, such labor dispute shall not 4199
render the employee ineligible for benefits.4200

       (b) The individual has been given a disciplinary layoff for 4201
misconduct in connection with the individual's work.4202

       (2) For the duration of the individual's unemployment if the 4203
director finds that:4204

       (a) The individual quit work without just cause or has been 4205
discharged for just cause in connection with the individual's 4206
work, provided division (D)(2) of this section does not apply to 4207
the separation of a person under any of the following 4208
circumstances:4209

       (i) Separation from employment for the purpose of entering 4210
the armed forces of the United States if the individual is 4211
inducted into the armed forces within one of the following 4212
periods:4213

       (I) Thirty days after separation;4214

       (II) One hundred eighty days after separation if the 4215
individual's date of induction is delayed solely at the discretion 4216
of the armed forces.4217

       (ii) Separation from employment pursuant to a 4218
labor-management contract or agreement, or pursuant to an 4219
established employer plan, program, or policy, which permits the 4220
employee, because of lack of work, to accept a separation from 4221
employment;4222

       (iii) The individual has left employment to accept a recall 4223
from a prior employer or, except as provided in division 4224
(D)(2)(a)(iv) of this section, to accept other employment as 4225
provided under section 4141.291 of the Revised Code, or left or 4226
was separated from employment that was concurrent employment at 4227
the time of the most recent separation or within six weeks prior 4228
to the most recent separation where the remuneration, hours, or 4229
other conditions of such concurrent employment were substantially 4230
less favorable than the individual's most recent employment and 4231
where such employment, if offered as new work, would be considered 4232
not suitable under the provisions of divisions (E) and (F) of this 4233
section. Any benefits that would otherwise be chargeable to the 4234
account of the employer from whom an individual has left 4235
employment or was separated from employment that was concurrent 4236
employment under conditions described in division (D)(2)(a)(iii) 4237
of this section, shall instead be charged to the mutualized 4238
account created by division (B) of section 4141.25 of the Revised 4239
Code, except that any benefits chargeable to the account of a 4240
reimbursing employer under division (D)(2)(a)(iii) of this section 4241
shall be charged to the account of the reimbursing employer and 4242
not to the mutualized account, except as provided in division 4243
(D)(2) of section 4141.24 of the Revised Code.4244

       (iv) When an individual has been issued a definite layoff 4245
date by the individual's employer and before the layoff date, the 4246
individual quits to accept other employment, the provisions of 4247
division (D)(2)(a)(iii) of this section apply and no 4248
disqualification shall be imposed under division (D) of this 4249
section. However, if the individual fails to meet the employment 4250
and earnings requirements of division (A)(2) of section 4141.291 4251
of the Revised Code, then the individual, pursuant to division 4252
(A)(5) of this section, shall be ineligible for benefits for any 4253
week of unemployment that occurs prior to the layoff date.4254

       (b) The individual has refused without good cause to accept 4255
an offer of suitable work when made by an employer either in 4256
person or to the individual's last known address, or has refused 4257
or failed to investigate a referral to suitable work when directed 4258
to do so by a local employment office of this state or another 4259
state, provided that this division shall not cause a 4260
disqualification for a waiting week or benefits under the 4261
following circumstances:4262

       (i) When work is offered by the individual's employer and the 4263
individual is not required to accept the offer pursuant to the 4264
terms of the labor-management contract or agreement; or4265

       (ii) When the individual is attending a training course 4266
pursuant to division (A)(4) of this section except, in the event 4267
of a refusal to accept an offer of suitable work or a refusal or 4268
failure to investigate a referral, benefits thereafter paid to 4269
such individual shall not be charged to the account of any 4270
employer and, except as provided in division (B)(1)(b) of section 4271
4141.241 of the Revised Code, shall be charged to the mutualized 4272
account as provided in division (B) of section 4141.25 of the 4273
Revised Code.4274

       (c) Such individual quit work to marry or because of marital, 4275
parental, filial, or other domestic obligations.4276

       (d) The individual became unemployed by reason of commitment 4277
to any correctional institution.4278

       (e) The individual became unemployed because of dishonesty in 4279
connection with the individual's most recent or any base period 4280
work. Remuneration earned in such work shall be excluded from the 4281
individual's total base period remuneration and qualifying weeks 4282
that otherwise would be credited to the individual for such work 4283
in the individual's base period shall not be credited for the 4284
purpose of determining the total benefits to which the individual 4285
is eligible and the weekly benefit amount to be paid under section 4286
4141.30 of the Revised Code. Such excluded remuneration and 4287
noncredited qualifying weeks shall be excluded from the 4288
calculation of the maximum amount to be charged, under division 4289
(D) of section 4141.24 and section 4141.33 of the Revised Code, 4290
against the accounts of the individual's base period employers. In 4291
addition, no benefits shall thereafter be paid to the individual 4292
based upon such excluded remuneration or noncredited qualifying 4293
weeks.4294

       For purposes of division (D)(2)(e) of this section, 4295
"dishonesty" means the commission of substantive theft, fraud, or 4296
deceitful acts.4297

       (E) No individual otherwise qualified to receive benefits 4298
shall lose the right to benefits by reason of a refusal to accept 4299
new work if:4300

       (1) As a condition of being so employed the individual would 4301
be required to join a company union, or to resign from or refrain 4302
from joining any bona fide labor organization, or would be denied 4303
the right to retain membership in and observe the lawful rules of 4304
any such organization.4305

       (2) The position offered is vacant due directly to a strike, 4306
lockout, or other labor dispute.4307

       (3) The work is at an unreasonable distance from the 4308
individual's residence, having regard to the character of the work 4309
the individual has been accustomed to do, and travel to the place 4310
of work involves expenses substantially greater than that required 4311
for the individual's former work, unless the expense is provided 4312
for.4313

       (4) The remuneration, hours, or other conditions of the work 4314
offered are substantially less favorable to the individual than 4315
those prevailing for similar work in the locality.4316

       (F) Subject to the special exceptions contained in division 4317
(A)(4)(f) of this section and section 4141.301 of the Revised 4318
Code, in determining whether any work is suitable for a claimant 4319
in the administration of this chapter, the director, in addition 4320
to the determination required under division (E) of this section, 4321
shall consider the degree of risk to the claimant's health, 4322
safety, and morals, the individual's physical fitness for the 4323
work, the individual's prior training and experience, the length 4324
of the individual's unemployment, the distance of the available 4325
work from the individual's residence, and the individual's 4326
prospects for obtaining local work.4327

       (G) The "duration of unemployment" as used in this section 4328
means the full period of unemployment next ensuing after a 4329
separation from any base period or subsequent work and until an 4330
individual has become reemployed in employment subject to this 4331
chapter, or the unemployment compensation act of another state, or 4332
of the United States, and until such individual has worked six 4333
weeks and for those weeks has earned or been paid remuneration 4334
equal to six times an average weekly wage of not less than: 4335
eighty-five dollars and ten cents per week beginning on June 26, 4336
1990; and beginning on and after January 1, 1992, twenty-seven and 4337
one-half per cent of the statewide average weekly wage as computed 4338
each first day of January under division (B)(3) of section 4141.30 4339
of the Revised Code, rounded down to the nearest dollar, except 4340
for purposes of division (D)(2)(c) of this section, such term 4341
means the full period of unemployment next ensuing after a 4342
separation from such work and until such individual has become 4343
reemployed subject to the terms set forth above, and has earned 4344
wages equal to one-half of the individual's average weekly wage or 4345
sixty dollars, whichever is less.4346

       (H) If a claimant is disqualified under division (D)(2)(a), 4347
(c), or (d) of this section or found to be qualified under the 4348
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of 4349
this section or division (A)(2) of section 4141.291 of the Revised 4350
Code, then benefits that may become payable to such claimant, 4351
which are chargeable to the account of the employer from whom the 4352
individual was separated under such conditions, shall be charged 4353
to the mutualized account provided in section 4141.25 of the 4354
Revised Code, provided that no charge shall be made to the 4355
mutualized account for benefits chargeable to a reimbursing 4356
employer, except as provided in division (D)(2) of section 4141.24 4357
of the Revised Code. In the case of a reimbursing employer, the 4358
director shall refund or credit to the account of the reimbursing 4359
employer any over-paid benefits that are recovered under division 4360
(B) of section 4141.35 of the Revised Code. Amounts chargeable to 4361
other states, the United States, or Canada that are subject to 4362
agreements and arrangements that are established pursuant to 4363
section 4141.43 of the Revised Code shall be credited or 4364
reimbursed according to the agreements and arrangements to which 4365
the chargeable amounts are subject.4366

       (I)(1) Benefits based on service in employment as provided in 4367
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code 4368
shall be payable in the same amount, on the same terms, and 4369
subject to the same conditions as benefits payable on the basis of 4370
other service subject to this chapter; except that after December 4371
31, 1977:4372

       (a) Benefits based on service in an instructional, research, 4373
or principal administrative capacity in an institution of higher 4374
education, as defined in division (Y) of section 4141.01 of the 4375
Revised Code; or for an educational institution as defined in 4376
division (CC) of section 4141.01 of the Revised Code, shall not be 4377
paid to any individual for any week of unemployment that begins 4378
during the period between two successive academic years or terms, 4379
or during a similar period between two regular but not successive 4380
terms or during a period of paid sabbatical leave provided for in 4381
the individual's contract, if the individual performs such 4382
services in the first of those academic years or terms and has a 4383
contract or a reasonable assurance that the individual will 4384
perform services in any such capacity for any such institution in 4385
the second of those academic years or terms.4386

       (b) Benefits based on service for an educational institution 4387
or an institution of higher education in other than an 4388
instructional, research, or principal administrative capacity, 4389
shall not be paid to any individual for any week of unemployment 4390
which begins during the period between two successive academic 4391
years or terms of the employing educational institution or 4392
institution of higher education, provided the individual performed 4393
those services for the educational institution or institution of 4394
higher education during the first such academic year or term and, 4395
there is a reasonable assurance that such individual will perform 4396
those services for any educational institution or institution of 4397
higher education in the second of such academic years or terms.4398

       If compensation is denied to any individual for any week 4399
under division (I)(1)(b) of this section and the individual was 4400
not offered an opportunity to perform those services for an 4401
institution of higher education or for an educational institution 4402
for the second of such academic years or terms, the individual is 4403
entitled to a retroactive payment of compensation for each week 4404
for which the individual timely filed a claim for compensation and 4405
for which compensation was denied solely by reason of division 4406
(I)(1)(b) of this section. An application for retroactive benefits 4407
shall be timely filed if received by the director or the 4408
director's deputy within or prior to the end of the fourth full 4409
calendar week after the end of the period for which benefits were 4410
denied because of reasonable assurance of employment. The 4411
provision for the payment of retroactive benefits under division 4412
(I)(1)(b) of this section is applicable to weeks of unemployment 4413
beginning on and after November 18, 1983. The provisions under 4414
division (I)(1)(b) of this section shall be retroactive to 4415
September 5, 1982, only if, as a condition for full tax credit 4416
against the tax imposed by the "Federal Unemployment Tax Act," 53 4417
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States 4418
secretary of labor determines that retroactivity is required by 4419
federal law.4420

       (c) With respect to weeks of unemployment beginning after 4421
December 31, 1977, benefits shall be denied to any individual for 4422
any week which commences during an established and customary 4423
vacation period or holiday recess, if the individual performs any 4424
services described in divisions (I)(1)(a) and (b) of this section 4425
in the period immediately before the vacation period or holiday 4426
recess, and there is a reasonable assurance that the individual 4427
will perform any such services in the period immediately following 4428
the vacation period or holiday recess.4429

       (d) With respect to any services described in division 4430
(I)(1)(a), (b), or (c) of this section, benefits payable on the 4431
basis of services in any such capacity shall be denied as 4432
specified in division (I)(1)(a), (b), or (c) of this section to 4433
any individual who performs such services in an educational 4434
institution or institution of higher education while in the employ 4435
of an educational service agency. For this purpose, the term 4436
"educational service agency" means a governmental agency or 4437
governmental entity that is established and operated exclusively 4438
for the purpose of providing services to one or more educational 4439
institutions or one or more institutions of higher education.4440

       (e) Any individual employed by a public school district, 4441
other than a municipal school district as defined in section 4442
3311.71 of the Revised Code, or a county board of developmental 4443
disabilities shall be notified by the thirtieth day of April each 4444
year if the individual is not to be reemployed the following 4445
academic year.4446

       (2) No disqualification will be imposed, between academic 4447
years or terms or during a vacation period or holiday recess under 4448
this division, unless the director or the director's deputy has 4449
received a statement in writing from the educational institution 4450
or institution of higher education that the claimant has a 4451
contract for, or a reasonable assurance of, reemployment for the 4452
ensuing academic year or term.4453

       (3) If an individual has employment with an educational 4454
institution or an institution of higher education and employment 4455
with a noneducational employer, during the base period of the 4456
individual's benefit year, then the individual may become eligible 4457
for benefits during the between-term, or vacation or holiday 4458
recess, disqualification period, based on employment performed for 4459
the noneducational employer, provided that the employment is 4460
sufficient to qualify the individual for benefit rights separately 4461
from the benefit rights based on school employment. The weekly 4462
benefit amount and maximum benefits payable during a 4463
disqualification period shall be computed based solely on the 4464
nonschool employment.4465

       (J) Benefits shall not be paid on the basis of employment 4466
performed by an alien, unless the alien had been lawfully admitted 4467
to the United States for permanent residence at the time the 4468
services were performed, was lawfully present for purposes of 4469
performing the services, or was otherwise permanently residing in 4470
the United States under color of law at the time the services were 4471
performed, under section 212(d)(5) of the "Immigration and 4472
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:4473

       (1) Any data or information required of individuals applying 4474
for benefits to determine whether benefits are not payable to them 4475
because of their alien status shall be uniformly required from all 4476
applicants for benefits.4477

       (2) In the case of an individual whose application for 4478
benefits would otherwise be approved, no determination that 4479
benefits to the individual are not payable because of the 4480
individual's alien status shall be made except upon a 4481
preponderance of the evidence that the individual had not, in 4482
fact, been lawfully admitted to the United States.4483

       (K) The director shall establish and utilize a system of 4484
profiling all new claimants under this chapter that:4485

       (1) Identifies which claimants will be likely to exhaust 4486
regular compensation and will need job search assistance services 4487
to make a successful transition to new employment;4488

       (2) Refers claimants identified pursuant to division (K)(1) 4489
of this section to reemployment services, such as job search 4490
assistance services, available under any state or federal law;4491

       (3) Collects follow-up information relating to the services 4492
received by such claimants and the employment outcomes for such 4493
claimant's subsequent to receiving such services and utilizes such 4494
information in making identifications pursuant to division (K)(1) 4495
of this section; and4496

       (4) Meets such other requirements as the United States 4497
secretary of labor determines are appropriate.4498

       Sec. 5705.192.  (A) For the purposes of this section only, 4499
"taxing authority" includes a township board of park commissioners 4500
appointed under section 511.18 of the Revised Code.4501

       (B) A taxing authority may propose to replace an existing 4502
levy that the taxing authority is authorized to levy, regardless 4503
of the section of the Revised Code under which the authority is 4504
granted, except a school district emergency levy proposed pursuant 4505
to sections 5705.194 to 5705.197 of the Revised Code. The taxing 4506
authority may propose to replace the existing levy in its entirety 4507
at the rate at which it is authorized to be levied; may propose to 4508
replace a portion of the existing levy at a lesser rate; or may 4509
propose to replace the existing levy in its entirety and increase 4510
the rate at which it is levied. If the taxing authority proposes 4511
to replace an existing levy, the proposed levy shall be called a 4512
replacement levy and shall be so designated on the ballot. Except 4513
as otherwise provided in this division, a replacement levy shall 4514
be limited to the purpose of the existing levy, and shall appear 4515
separately on the ballot from, and shall not be conjoined with, 4516
the renewal of any other existing levy. In the case of an existing 4517
school district levy imposed under section 5705.21 of the Revised 4518
Code for the purpose specified in division (F) of section 5705.19 4519
of the Revised Code, the replacement for that existing levy may be 4520
for the same purpose or for the purpose of general permanent 4521
improvements as defined in section 5705.21 of the Revised Code.4522

        The resolution proposing a replacement levy shall specify the 4523
purpose of the levy; its proposed rate expressed in mills; whether 4524
the proposed rate is the same as the rate of the existing levy, a 4525
reduction, or an increase; the extent of any reduction or increase 4526
expressed in mills; the first calendar year in which the levy will 4527
be due; and the term of the levy, expressed in years or, if 4528
applicable, that it will be levied for a continuing period of 4529
time.4530

       The sections of the Revised Code governing the maximum rate 4531
and term of the existing levy, the contents of the resolution that 4532
proposed the levy, the adoption of the resolution, the 4533
arrangements for the submission of the question of the levy, and 4534
notice of the election also govern the respective provisions of 4535
the proposal to replace the existing levy, except as provided in 4536
divisiondivisions (B)(1) or (2)to (3) of this section:4537

        (1) In the case of an existing school district levy imposed 4538
under section 5705.21 of the Revised Code for the purpose 4539
specified in division (F) of section 5705.19 of the Revised Code 4540
that is to be replaced by a levy for general permanent 4541
improvements, the maximum term of the replacement levy is not 4542
limited to the term of the existing levy and may be for a 4543
continuing period of time.4544

       (2) The date on which the election is held shall be as 4545
follows:4546

       (a) For the replacement of a levy with a fixed term of years, 4547
the date of the general election held during the last year the 4548
existing levy may be extended on the real and public utility 4549
property tax list and duplicate, or the date of any election held 4550
in the ensuing year;4551

       (b) For the replacement of a levy imposed for a continuing 4552
period of time, the date of any election held in any year after 4553
the year the levy to be replaced is first approved by the 4554
electors, except that only one election on the question of 4555
replacing the levy may be held during any calendar year.4556

       The failure by the electors to approve a proposal to replace 4557
a levy imposed for a continuing period of time does not terminate 4558
the existing continuing levy.4559

       (3) In the case of an existing school district levy imposed 4560
under division (B) of section 5705.21, division (C) of section 4561
5705.212, or division (J) of section 5705.218 of the Revised Code, 4562
the rates allocated to the municipal school district and to 4563
qualifying community schools each may be increased or decreased or 4564
remain the same, and the total rate may be increased, decreased, 4565
or remain the same.4566

       (C) The form of the ballot at the election on the question of 4567
a replacement levy shall be as follows:4568

       "A replacement of a tax for the benefit of .......... (name 4569
of subdivision or public library) for the purpose of .......... 4570
(the purpose stated in the resolution) at a rate not exceeding 4571
.......... mills for each one dollar of valuation, which amounts 4572
to .......... (rate expressed in dollars and cents) for each one 4573
hundred dollars in valuation, for .......... (number of years levy 4574
is to run, or that it will be levied for a continuous period of 4575
time)4576

        4577

 FOR THE TAX LEVY 4578
 AGAINST THE TAX LEVY  " 4579

        4580

       If the proposal is to replace an existing levy and increase 4581
the rate of the existing levy, the form of the ballot shall be 4582
changed by adding the words ".......... mills of an existing levy 4583
and an increase of .......... mills, to constitute" after the 4584
words "a replacement of." If the proposal is to replace only a 4585
portion of an existing levy, the form of the ballot shall be 4586
changed by adding the words "a portion of an existing levy, being 4587
a reduction of .......... mills, to constitute" after the words "a 4588
replacement of."4589

       If the tax is to be placed on the tax list of the current tax 4590
year, the form of the ballot shall be modified by adding at the 4591
end of the form the phrase ", commencing in .......... (first year 4592
the replacement tax is to be levied), first due in calendar year 4593
.......... (first calendar year in which the tax shall be due)."4594

       The question covered by the resolution shall be submitted as 4595
a separate proposition, but may be printed on the same ballot with 4596
any other proposition submitted at the same election, other than 4597
the election of officers. More than one such question may be 4598
submitted at the same election.4599

       (D) Two existing levies, or any portion of those levies, may 4600
be combined into one replacement levy, so long as both of the 4601
existing levies are for the same purpose and either both are due 4602
to expire the same year or both are for a continuing period of 4603
time. The question of combining all or portions of the two 4604
existing levies into the replacement levy shall appear as one 4605
ballot proposition before the electors. If the electors approve 4606
the ballot proposition, all or the stated portions of the two 4607
existing levies are replaced by one replacement levy.4608

       (E) A levy approved in excess of the ten-mill limitation 4609
under this section shall be certified to the tax commissioner. In 4610
the first year of a levy approved under this section, the levy 4611
shall be extended on the tax lists after the February settlement 4612
succeeding the election at which the levy was approved. If the 4613
levy is to be placed on the tax lists of the current year, as 4614
specified in the resolution providing for its submission, the 4615
result of the election shall be certified immediately after the 4616
canvass by the board of elections to the taxing authority, which 4617
shall forthwith make the necessary levy and certify it to the 4618
county auditor, who shall extend it on the tax lists for 4619
collection. After the first year, the levy shall be included in 4620
the annual tax budget that is certified to the county budget 4621
commission.4622

       If notes are authorized to be issued in anticipation of the 4623
proceeds of the existing levy, notes may be issued in anticipation 4624
of the proceeds of the replacement levy, and such issuance is 4625
subject to the terms and limitations governing the issuance of 4626
notes in anticipation of the proceeds of the existing levy.4627

       (F) This section does not authorize a tax to be levied in any 4628
year after the year in which revenue is not needed for the purpose 4629
for which the tax is levied.4630

       Sec. 5705.21.  (A) At any time, the board of education of any 4631
city, local, exempted village, cooperative education, or joint 4632
vocational school district, by a vote of two-thirds of all its 4633
members, may declare by resolution that the amount of taxes which 4634
may be raised within the ten-mill limitation by levies on the 4635
current tax duplicate will be insufficient to provide an adequate 4636
amount for the necessary requirements of the school district, that 4637
it is necessary to levy a tax in excess of such limitation for one 4638
of the purposes specified in division (A), (D), (F), (H), or (DD) 4639
of section 5705.19 of the Revised Code, for general permanent 4640
improvements, for the purpose of operating a cultural center, or 4641
for the purpose of providing education technology, and that the 4642
question of such additional tax levy shall be submitted to the 4643
electors of the school district at a special election on a day to 4644
be specified in the resolution. If the resolution states that the 4645
levy is for the purpose of operating a cultural center, the ballot 4646
shall state that the levy is "for the purpose of operating the 4647
.......... (name of cultural center)."4648

       As used in this sectiondivision, "cultural center" means a 4649
freestanding building, separate from a public school building, 4650
that is open to the public for educational, musical, artistic, and 4651
cultural purposes; "education technology" means, but is not 4652
limited to, computer hardware, equipment, materials, and 4653
accessories, equipment used for two-way audio or video, and 4654
software; and "general permanent improvements" means permanent 4655
improvements without regard to the limitation of division (F) of 4656
section 5705.19 of the Revised Code that the improvements be a 4657
specific improvement or a class of improvements that may be 4658
included in a single bond issue.4659

       The submission of questions to the electors under this 4660
section is subject to the limitation on the number of election 4661
dates established by section 5705.214 of the Revised Code.4662

       (B) SuchA resolution adopted under this division shall be 4663
confined to a single purpose and shall specify the amount of the 4664
increase in rate that it is necessary to levy, the purpose of the 4665
levy, and the number of years during which the increase in rate 4666
shall be in effect. The number of years may be any number not 4667
exceeding five or, if the levy is for current expenses of the 4668
district or for general permanent improvements, for a continuing 4669
period of time. The4670

       (B)(1) The board of education of a municipal school district, 4671
by resolution, may declare that it is necessary to levy a tax in 4672
excess of the ten-mill limitation for the purpose of paying the 4673
current expenses of the district and of qualifying community 4674
schools and that the question of the additional tax levy shall be 4675
submitted to the electors of the school district at a special 4676
election on a day to be specified in the resolution. The 4677
resolution shall state the purpose of the levy, the rate of the 4678
tax expressed in mills per dollar of taxable value, the number of 4679
such mills to be levied for the current expenses of the qualifying 4680
community schools and the number of such mills to be levied for 4681
the current expenses of the school district, the number of years 4682
the tax will be levied, and the first year the tax will be levied. 4683
The number of years the tax may be levied may be any number not 4684
exceeding ten years, or for a continuing period of time.4685

       The levy of a tax for the current expenses of a qualifying 4686
community school under this section and the distribution of 4687
proceeds from the tax by a municipal school district to qualifying 4688
community schools is a proper public purpose.4689

       (2) The form of the ballot at an election held pursuant to 4690
division (B) of this section shall be as follows:4691

       "Shall a levy be imposed by the ......... (insert the name of 4692
the municipal school district) for the purpose of current expenses 4693
of the school district and of qualifying community schools at a 4694
rate not exceeding ...... (insert the number of mills) mills for 4695
each one dollar of valuation (of which ...... (insert the number 4696
of mills to be allocated to qualifying community schools) mills is 4697
to be allocated to qualifying community schools) which amounts to 4698
....... (insert the rate expressed in dollars and cents) for each 4699
one hundred dollars of valuation, for ...... (insert the number of 4700
years the levy is to be imposed, or that it will be levied for a 4701
continuing period of time), beginning ...... (insert first year 4702
the tax is to be levied), which will first be payable in calendar 4703
year ...... (insert the first calendar year in which the tax would 4704
be payable)?4705

 FOR THE TAX LEVY 4706
 AGAINST THE TAX LEVY  " 4707

       (3) Upon each receipt of a tax distribution by the municipal 4708
school district, the board of education shall credit the portion 4709
allocated to qualifying community schools to the qualifying 4710
community schools fund. All income from the investment of money in 4711
the qualifying community schools fund shall be credited to that 4712
fund.4713

       Not more than forty-five days after the municipal school 4714
district receives and deposits each tax distribution, the board of 4715
education shall distribute the qualifying community schools amount 4716
among the qualifying community schools. From each tax 4717
distribution, each such qualifying community school shall receive 4718
a portion of the qualifying community schools amount in the 4719
proportion that the number of its resident students bears to the 4720
aggregate number of resident students of all such qualifying 4721
community schools as of the receipt and deposit of the tax 4722
distribution. For the purposes of this division, the number of 4723
resident students shall be the number of such students reported 4724
under section 3317.03 of the Revised Code and established by the 4725
department of education as of the receipt and deposit of the tax 4726
distribution.4727

       (4) The board of education of the municipal school district 4728
shall certify each agreement between the board and a qualifying 4729
community school to the department of education along with the 4730
determination that such agreement satisfies the requirements of 4731
this division. The board's determination is conclusive.4732

       (5) For the purposes of Chapter 3317. of the Revised Code or 4733
other laws referring to the "taxes charged and payable" for a 4734
school district, the taxes charged and payable for a municipal 4735
school district that levies a tax under division (B) of this 4736
section includes only the taxes charged and payable under that 4737
levy for the current expenses of the school district, and does not 4738
include the taxes charged and payable for the current expenses of 4739
qualifying community schools. The taxes charged and payable for 4740
the current expenses of qualifying community schools shall not 4741
affect the calculation of "state education aid" as defined in 4742
section 5751.20 of the Revised Code.4743

       (6) As used in division (B) of this section:4744

       (a) "Municipal school district" has the same meaning as in 4745
section 3311.71 of the Revised Code.4746

       (b) "Qualifying community school" means a community school 4747
established under Chapter 3314. of the Revised Code that is 4748
located within the territory of the municipal school district and 4749
that is either sponsored by the district or a party to an 4750
agreement with the district identifying goals for the community 4751
school's educational, financial, and management progress and 4752
accountability standards by which the community school's progress 4753
is to be measured. 4754

       (c) "Qualifying community schools amount" means the product 4755
obtained, as of the receipt and deposit of the tax distribution, 4756
by multiplying the amount of a tax distribution by a fraction, the 4757
numerator of which is the number of mills per dollar of taxable 4758
value of the property tax to be allocated to qualifying community 4759
schools, and the denominator of which is the total number of mills 4760
per dollar of taxable value authorized by the electors in the 4761
election held under division (B) of this section, each as set 4762
forth in the resolution levying the tax.4763

       (d) "Qualifying community schools fund" means a separate fund 4764
established by the board of education of a municipal school 4765
district for the deposit of qualifying community school amounts 4766
under this section. 4767

       (e) "Resident student" means a student enrolled in a 4768
qualifying community school who is entitled to attend school in 4769
the municipal school district under section 3313.64 or 3313.65 of 4770
the Revised Code.4771

       (f) "Tax distribution" means a distribution of proceeds of 4772
the tax authorized by division (B) of this section under section 4773
321.24 of the Revised Code and distributions that are attributable 4774
to that tax under sections 323.156 and 4503.068 of the Revised 4775
Code or other applicable law.4776

       (C) A resolution adopted under this section shall specify 4777
the date of holding suchthe election, which shall not be earlier 4778
than ninety days after the adoption and certification of the 4779
resolution and which shall be consistent with the requirements of 4780
section 3501.01 of the Revised Code.4781

       TheA resolution adopted under this section may propose to 4782
renew one or more existing levies imposed under division (A) or 4783
(B) of this section or to increase or decrease a single levy 4784
imposed under this sectioneither such division. If4785

       If the board of education imposes one or more existing levies 4786
for the purpose specified in division (F) of section 5705.19 of 4787
the Revised Code, the resolution may propose to renew one or more 4788
of those existing levies, or to increase or decrease a single such 4789
existing levy, for the purpose of general permanent improvements. 4790
If4791

       If the resolution proposes to renew two or more existing 4792
levies, the levies shall be levied for the same purpose. The 4793
resolution shall identify those levies and the rates at which they 4794
are levied. The resolution also shall specify that the existing 4795
levies shall not be extended on the tax lists after the year 4796
preceding the year in which the renewal levy is first imposed, 4797
regardless of the years for which those levies originally were 4798
authorized to be levied.4799

       If the resolution proposes to renew an existing levy imposed 4800
under division (B) of this section, the rates allocated to the 4801
municipal school district and to qualifying community schools each 4802
may be increased or decreased or remain the same, and the total 4803
rate may be increased, decreased, or remain the same. The 4804
resolution and notice of election shall specify the number of the 4805
mills to be levied for the current expenses of the qualifying 4806
community schools and the number of the mills to be levied for the 4807
current expenses of the municipal school district.4808

       TheA resolution adopted under this section shall go into 4809
immediate effect upon its passage, and no publication of the 4810
resolution shall be necessary other than that provided for in the 4811
notice of election. A copy of the resolution shall immediately 4812
after its passing be certified to the board of elections of the 4813
proper county in the manner provided by section 5705.25 of the 4814
Revised Code, and that. That section shall govern the arrangements 4815
for the submission of such question and other matters concerning 4816
suchthe election, to which that section refers, including 4817
publication of notice of the election, except that suchthe4818
election shall be held on the date specified in the resolution. 4819
Publication of notice of that election shall be made in a 4820
newspaper of general circulation in the county once a week for two 4821
consecutive weeks, or as provided in section 7.16 of the Revised 4822
Code, prior to the election. If the board of elections operates 4823
and maintains a web site, the board of elections shall post notice 4824
of the election on its web site for thirty days prior to the 4825
election.In the case of a resolution adopted under division (B) 4826
of this section, the publication of notice of that election shall 4827
state the number of the mills to be levied for the current 4828
expenses of the qualifying community schools and the number of the 4829
mills to be levied for the current expenses of the municipal 4830
school district. If a majority of the electors voting on the 4831
question so submitted in an election vote in favor of the levy, 4832
the board of education may make the necessary levy within the 4833
school district at the additional rate, or at any lesser rate in 4834
excess of the ten-mill limitation on the tax list, for the purpose 4835
stated in the resolution. A levy for a continuing period of time 4836
may be reduced pursuant to section 5705.261 of the Revised Code. 4837
The tax levy shall be included in the next tax budget that is 4838
certified to the county budget commission.4839

       (C)(D)(1) After the approval of a levy on the current tax 4840
list and duplicate for current expenses, for recreational 4841
purposes, for community centers provided for in section 755.16 of 4842
the Revised Code, or for a public library of the district under 4843
division (A) of this section, and prior to the time when the first 4844
tax collection from the levy can be made, the board of education 4845
may anticipate a fraction of the proceeds of the levy and issue 4846
anticipation notes in a principal amount not exceeding fifty per 4847
cent of the total estimated proceeds of the levy to be collected 4848
during the first year of the levy.4849

       (2) After the approval of a levy for general permanent 4850
improvements for a specified number of years, or for permanent 4851
improvements having the purpose specified in division (F) of 4852
section 5705.19 of the Revised Code, the board of education may 4853
anticipate a fraction of the proceeds of the levy and issue 4854
anticipation notes in a principal amount not exceeding fifty per 4855
cent of the total estimated proceeds of the levy remaining to be 4856
collected in each year over a period of five years after the 4857
issuance of the notes.4858

       The notes shall be issued as provided in section 133.24 of 4859
the Revised Code, shall have principal payments during each year 4860
after the year of their issuance over a period not to exceed five 4861
years, and may have a principal payment in the year of their 4862
issuance.4863

       (3) After approval of a levy for general permanent 4864
improvements for a continuing period of time, the board of 4865
education may anticipate a fraction of the proceeds of the levy 4866
and issue anticipation notes in a principal amount not exceeding 4867
fifty per cent of the total estimated proceeds of the levy to be 4868
collected in each year over a specified period of years, not 4869
exceeding ten, after the issuance of the notes.4870

       The notes shall be issued as provided in section 133.24 of 4871
the Revised Code, shall have principal payments during each year 4872
after the year of their issuance over a period not to exceed ten 4873
years, and may have a principal payment in the year of their 4874
issuance.4875

       (4) After the approval of a levy on the current tax list and 4876
duplicate under division (B) of this section, and prior to the 4877
time when the first tax collection from the levy can be made, the 4878
board of education may anticipate a fraction of the proceeds of 4879
the levy for the current expenses of the school district and issue 4880
anticipation notes in a principal amount not exceeding fifty per 4881
cent of the estimated proceeds of the levy to be collected during 4882
the first year of the levy and allocated to the school district. 4883
The portion of the levy proceeds to be allocated to qualifying 4884
community schools under that division shall not be included in the 4885
estimated proceeds anticipated under this division and shall not 4886
be used to pay debt charges on any anticipation notes.4887

        The notes shall be issued as provided in section 133.24 of 4888
the Revised Code, shall have principal payments during each year 4889
after the year of their issuance over a period not to exceed five 4890
years, and may have a principal payment in the year of their 4891
issuance.4892

       (E) The submission of questions to the electors under this 4893
section is subject to the limitation on the number of election 4894
dates established by section 5705.214 of the Revised Code.4895

       Sec. 5705.212.  (A)(1) The board of education of any school 4896
district, at any time and by a vote of two-thirds of all of its 4897
members, may declare by resolution that the amount of taxes that 4898
may be raised within the ten-mill limitation will be insufficient 4899
to provide an adequate amount for the present and future 4900
requirements of the school district, that it is necessary to levy 4901
not more than five taxes in excess of that limitation for current 4902
expenses, and that each of the proposed taxes first will be levied 4903
in a different year, over a specified period of time. The board 4904
shall identify the taxes proposed under this section as follows: 4905
the first tax to be levied shall be called the "original tax." 4906
Each tax subsequently levied shall be called an "incremental tax." 4907
The rate of each incremental tax shall be identical, but the rates 4908
of such incremental taxes need not be the same as the rate of the 4909
original tax. The resolution also shall state that the question of 4910
these additional taxes shall be submitted to the electors of the 4911
school district at a special election. The resolution shall 4912
specify separately for each tax proposed: the amount of the 4913
increase in rate that it is necessary to levy, expressed 4914
separately for the original tax and each incremental tax; that the 4915
purpose of the levy is for current expenses; the number of years 4916
during which the original tax shall be in effect; a specification 4917
that the last year in which the original tax is in effect shall 4918
also be the last year in which each incremental tax shall be in 4919
effect; and the year in which each tax first is proposed to be 4920
levied. The original tax may be levied for any number of years not 4921
exceeding ten, or for a continuing period of time. The resolution 4922
shall specify the date of holding the special election, which 4923
shall not be earlier than ninety days after the adoption and 4924
certification of the resolution and shall be consistent with the 4925
requirements of section 3501.01 of the Revised Code.4926

       (2) The board of education, by a vote of two-thirds of all of 4927
its members, may adopt a resolution proposing to renew taxes 4928
levied other than for a continuing period of time under division 4929
(A)(1) of this section. Such a resolution shall provide for 4930
levying a tax and specify all of the following:4931

       (a) That the tax shall be called and designated on the ballot 4932
as a renewal levy;4933

       (b) The rate of the renewal tax, which shall be a single rate 4934
that combines the rate of the original tax and each incremental 4935
tax into a single rate. The rate of the renewal tax shall not 4936
exceed the aggregate rate of the original and incremental taxes.4937

       (c) The number of years, not to exceed ten, that the renewal 4938
tax will be levied, or that it will be levied for a continuing 4939
period of time;4940

       (d) That the purpose of the renewal levy is for current 4941
expenses;4942

       (e) Subject to the certification and notification 4943
requirements of section 5705.251 of the Revised Code, that the 4944
question of the renewal levy shall be submitted to the electors of 4945
the school district at the general election held during the last 4946
year the original tax may be extended on the real and public 4947
utility property tax list and duplicate or at a special election 4948
held during the ensuing year.4949

       (3) A resolution adopted under division (A)(1) or (2) of this 4950
section shall go into immediate effect upon its adoption and no 4951
publication of the resolution is necessary other than that 4952
provided for in the notice of election. Immediately after its 4953
adoption, a copy of the resolution shall be certified to the board 4954
of elections of the proper county in the manner provided by 4955
division (A) of section 5705.251 of the Revised Code, and that 4956
division shall govern the arrangements for the submission of the 4957
question and other matters concerning the election to which that 4958
section refers. The election shall be held on the date specified 4959
in the resolution. If a majority of the electors voting on the 4960
question so submitted in an election vote in favor of the taxes or 4961
a renewal tax, the board of education, if the original or a 4962
renewal tax is authorized to be levied for the current year, 4963
immediately may make the necessary levy within the school district 4964
at the authorized rate, or at any lesser rate in excess of the 4965
ten-mill limitation, for the purpose stated in the resolution. No 4966
tax shall be imposed prior to the year specified in the resolution 4967
as the year in which it is first proposed to be levied. The rate 4968
of the original tax and the rate of each incremental tax shall be 4969
cumulative, so that the aggregate rate levied in any year is the 4970
sum of the rates of both the original tax and all incremental 4971
taxes levied in or prior to that year under the same proposal. A 4972
tax levied for a continuing period of time under this section may 4973
be reduced pursuant to section 5705.261 of the Revised Code.4974

       (4) The submission of questions to the electors under this 4975
section is subject to the limitation on the number of election 4976
dates established by section 5705.214 of the Revised Code.4977

       (B) Notwithstanding sectionssection 133.30 and 133.301 of 4978
the Revised Code, after the approval of a tax to be levied in the 4979
current or the succeeding year and prior to the time when the 4980
first tax collection from that levy can be made, the board of 4981
education may anticipate a fraction of the proceeds of the levy 4982
and issue anticipation notes in an amount not to exceed fifty per 4983
cent of the total estimated proceeds of the levy to be collected 4984
during the first year of the levy. The notes shall be sold as 4985
provided in Chapter 133. of the Revised Code. If anticipation 4986
notes are issued, they shall mature serially and in substantially 4987
equal amounts during each year over a period not to exceed five 4988
years; and the amount necessary to pay the interest and principal 4989
as the anticipation notes mature shall be deemed appropriated for 4990
those purposes from the levy, and appropriations from the levy by 4991
the board of education shall be limited each fiscal year to the 4992
balance available in excess of that amount.4993

       If the auditor of state has certified a deficit pursuant to 4994
section 3313.483 of the Revised Code, the notes authorized under 4995
this section may be sold in accordance with Chapter 133. of the 4996
Revised Code, except that the board may sell the notes after 4997
providing a reasonable opportunity for competitive bidding.4998

       (C)(1) The board of education of a municipal school district, 4999
at any time and by a vote of two-thirds of all its members, may 5000
declare by resolution that the amount of taxes that may be raised 5001
within the ten-mill limitation will be insufficient to provide an 5002
adequate amount for the present and future requirements of the 5003
school district and of qualifying community schools, as defined in 5004
section 5705.21 of the Revised Code, that it is necessary to levy 5005
not more than five taxes in excess of that limitation for the 5006
current expenses of the school district and of qualifying 5007
community schools, and that each of the proposed taxes first will 5008
be levied in a different year, over a specified period of time. 5009
The board shall identify the taxes proposed under this division in 5010
the same manner as in division (A)(1) of this section. The rate of 5011
each incremental tax shall be identical, but the rates of such 5012
incremental taxes need not be the same as the rate of the original 5013
tax. In addition to the specifications required of the resolution 5014
in division (A) of this section, the resolution and ballot shall 5015
state the number of the mills to be levied each year for the 5016
current expenses of the qualifying community schools and the 5017
number of the mills to be levied each year for the current 5018
expenses of the school district. The number of mills for the 5019
current expenses of qualifying community schools shall be the same 5020
for each of the incremental taxes, and the number of mills for the 5021
current expenses of the municipal school district shall be the 5022
same for each of the incremental taxes.5023

        (2) The board of education, by a vote of two-thirds of all of 5024
its members, may adopt a resolution proposing to renew taxes 5025
levied other than for a continuing period of time under division 5026
(C)(1) of this section. In such a renewal levy, the rates 5027
allocated to the municipal school district and to qualifying 5028
community schools each may be increased or decreased or remain the 5029
same, and the total rate may be increased, decreased, or remain 5030
the same. In addition to the requirements of division (A)(2) of 5031
this section, the resolution and ballot shall state the number of 5032
the mills to be levied for the current expenses of the qualifying 5033
community schools and the number of the mills to be levied for the 5034
current expenses of the school district.5035

        (3) A resolution adopted under division (C)(1) or (2) of this 5036
section shall be subject to the rules and procedures prescribed by 5037
division (A)(3) of this section.5038

        (4) Notwithstanding section 133.30 of the Revised Code, after 5039
the approval of a tax to be levied under division (C)(1) or (2) of 5040
this section, in the current or succeeding year and prior to the 5041
time when the first tax collection from that levy can be made, the 5042
board of education may anticipate a fraction of the proceeds of 5043
the levy for the current expenses of the municipal school district 5044
and issue anticipation notes in a principal amount not exceeding 5045
fifty per cent of the estimated proceeds of the levy to be 5046
collected during the first year of the levy and allocated to the 5047
school district. The portion of levy proceeds to be allocated to 5048
qualifying community schools shall not be included in the 5049
estimated proceeds anticipated under this division and shall not 5050
be used to pay debt charges on any anticipation notes.5051

        The notes shall be sold as provided in Chapter 133. of the 5052
Revised Code. If anticipation notes are issued, they shall mature 5053
serially and in substantially equal amounts during each year over 5054
a period not to exceed five years. The amount necessary to pay the 5055
interest and principal as the anticipation notes mature shall be 5056
deemed appropriated for those purposes from the levy, and 5057
appropriations from the levy by the board of education shall be 5058
limited each fiscal year to the balance available in excess of 5059
that amount.5060

        If the auditor of state has certified a deficit pursuant to 5061
section 3313.483 of the Revised Code, the notes authorized under 5062
this section may be sold in accordance with Chapter 133. of the 5063
Revised Code, except that the board may sell the notes after 5064
providing a reasonable opportunity for competitive bidding.5065

       Sec. 5705.215.  (A) The governing board of an educational 5066
service center that is the taxing authority of a county school 5067
financing district, upon receipt of identical resolutions adopted 5068
within a sixty-day period by a majority of the members of the 5069
board of education of each school district that is within the 5070
territory of the county school financing district, may submit a 5071
tax levy to the electors of the territory in the same manner as a 5072
school board may submit a levy under division (B)(C) of section 5073
5705.21 of the Revised Code, except that:5074

       (1) The levy may be for a period not to exceed ten years, or, 5075
if the levy is solely for the purpose or purposes described in 5076
division (A)(2)(a) or (c) of this section, for a continuing period 5077
of time.5078

       (2) The purpose of the levy shall be one or more of the 5079
following:5080

       (a) For current expenses for the provision of special 5081
education and related services within the territory of the 5082
district;5083

       (b) For permanent improvements within the territory of the 5084
district for special education and related services;5085

       (c) For current expenses for specified educational programs 5086
within the territory of the district;5087

       (d) For permanent improvements within the territory of the 5088
district for specified educational programs;5089

       (e) For permanent improvements within the territory of the 5090
district.5091

       (B) If the levy provides for but is not limited to current 5092
expenses, the resolutions shall apportion the annual rate of the 5093
levy between current expenses and the other purposes. The 5094
apportionment need not be the same for each year of the levy, but 5095
the respective portions of the rate actually levied each year for 5096
current expenses and the other purposes shall be limited by that 5097
apportionment.5098

       (C) Prior to the application of section 319.301 of the 5099
Revised Code, the rate of a levy that is limited to, or to the 5100
extent that it is apportioned to, purposes other than current 5101
expenses shall be reduced in the same proportion in which the 5102
district's total valuation increases during the life of the levy 5103
because of additions to such valuation that have resulted from 5104
improvements added to the tax list and duplicate.5105

       (D) After the approval of a county school financing district 5106
levy under this section, the taxing authority may anticipate a 5107
fraction of the proceeds of such levy and may from time to time 5108
during the life of such levy, but in any given year prior to the 5109
time when the tax collection from such levy can be made for that 5110
year, issue anticipation notes in an amount not exceeding fifty 5111
per cent of the estimated proceeds of the levy to be collected in 5112
each year up to a period of five years after the date of the 5113
issuance of such notes, less an amount equal to the proceeds of 5114
such levy obligated for each year by the issuance of anticipation 5115
notes, provided that the total amount maturing in any one year 5116
shall not exceed fifty per cent of the anticipated proceeds of the 5117
levy for that year. Each issue of notes shall be sold as provided 5118
in Chapter 133. of the Revised Code, and shall, except for such 5119
limitation that the total amount of such notes maturing in any one 5120
year shall not exceed fifty per cent of the anticipated proceeds 5121
of such levy for that year, mature serially in substantially equal 5122
installments during each year over a period not to exceed five 5123
years after their issuance.5124

       (E)(1) In a resolution to be submitted to the taxing 5125
authority of a county school financing district under division (A) 5126
of this section calling for a ballot issue on the question of the 5127
levying of a tax for a continuing period of time by the taxing 5128
authority, the board of education of a school district that is 5129
part of the territory of the county school financing district also 5130
may propose to reduce the rate of one or more of that school 5131
district's property taxes levied for a continuing period of time 5132
in excess of the ten-mill limitation. The reduction in the rate of 5133
a property tax may be any amount, expressed in mills per one 5134
dollar of valuation, not exceeding the rate at which the tax is 5135
authorized to be levied. The reduction in the rate of a tax shall 5136
first take effect in the same year that the county school 5137
financing district tax takes effect, and shall continue for each 5138
year that the county school financing district tax is in effect. A 5139
board of education's resolution proposing to reduce the rate of 5140
one or more of its school district property taxes shall 5141
specifically identify each such tax and shall state for each tax 5142
the maximum rate at which it currently may be levied and the 5143
maximum rate at which it could be levied after the proposed 5144
reduction, expressed in mills per one dollar of valuation.5145

       Before submitting the resolution to the taxing authority of 5146
the county school financing district, the board of education of 5147
the school district shall certify a copy of it to the tax 5148
commissioner. Within ten days of receiving the copy, the tax 5149
commissioner shall certify to the board the reduction in the 5150
school district's total effective tax rate for each class of 5151
property that would have resulted if the proposed reduction in the 5152
rate or rates had been in effect the previous year. After 5153
receiving the certification from the commissioner, the board may 5154
amend its resolution to change the proposed property tax rate 5155
reduction before submitting the resolution to the financing 5156
district taxing authority. As used in this paragraph, "effective 5157
tax rate" has the same meaning as in section 323.08 of the Revised 5158
Code.5159

       If the board of education of a school district that is part 5160
of the territory of a county school financing district adopts a 5161
resolution proposing to reduce the rate of one or more of its 5162
property taxes in conjunction with the levying of a tax by the 5163
financing district, the resolution submitted by the board to the 5164
taxing authority of the financing district under division (A) of 5165
this section does not have to be identical in this respect to the 5166
resolutions submitted by the boards of education of the other 5167
school districts that are part of the territory of the county 5168
school financing district.5169

       (2) Each school district that is part of the territory of a 5170
county school financing district may tailor to its own situation a 5171
proposed reduction in one or more property tax rates in 5172
conjunction with the proposed levying of a tax by the county 5173
school financing district; if one such school district proposes a 5174
reduction in one or more tax rates, another school district may 5175
propose a reduction of a different size or may propose no 5176
reduction. Within each school district that is part of the 5177
territory of the county school financing district, the electors 5178
shall vote on one ballot issue combining the question of the 5179
levying of the tax by the taxing authority of the county school 5180
financing district with, if any such reduction is proposed, the 5181
question of the reduction in the rate of one or more taxes of the 5182
school district. If a majority of the electors of the county 5183
school financing district voting on the question of the proposed 5184
levying of a tax by the taxing authority of the financing district 5185
vote to approve the question, any tax reductions proposed by 5186
school districts that are part of the territory of the financing 5187
district also are approved.5188

       (3) The form of the ballot for an issue proposing to levy a 5189
county school financing district tax in conjunction with the 5190
reduction of the rate of one or more school district taxes shall 5191
be as follows:5192

       "Shall the ....... (name of the county school financing 5193
district) be authorized to levy an additional tax for ....... 5194
(purpose stated in the resolutions) at a rate not exceeding 5195
....... mills for each one dollar of valuation, which amounts to 5196
....... (rate expressed in dollars and cents) for each one hundred 5197
dollars of valuation, for a continuing period of time? If the 5198
county school financing district tax is approved, the rate of an 5199
existing tax currently levied by the ....... (name of the school 5200
district of which the elector is a resident) at the rate of 5201
....... mills for each one dollar of valuation shall be reduced to 5202
....... mills until any such time as the county school financing 5203
district tax is decreased or repealed.5204

        5205

 For the issue 5206
 Against the issue  " 5207

        5208

       If the board of education of the school district proposes to 5209
reduce the rate of more than one of its existing taxes, the second 5210
sentence of the ballot language shall be modified for residents of 5211
that district to express the rates at which those taxes currently 5212
are levied and the rates to which they would be reduced. If the 5213
board of education of the school district does not propose to 5214
reduce the rate of any of its taxes, the second sentence of the 5215
ballot language shall not be used for residents of that district. 5216
In any case, the first sentence of the ballot language shall be 5217
the same for all the electors in the county school financing 5218
district, but the second sentence shall be different in each 5219
school district depending on whether and in what amount the board 5220
of education of the school district proposes to reduce the rate of 5221
one or more of its property taxes.5222

       (4) If the rate of a school district property tax is reduced 5223
pursuant to this division, the tax commissioner shall compute the 5224
percentage required to be computed for that tax under division (D) 5225
of section 319.301 of the Revised Code each year the rate is 5226
reduced as if the tax had been levied in the preceding year at the 5227
rate to which it has been reduced. If the reduced rate of a tax is 5228
increased under division (E)(5) of this section, the commissioner 5229
shall compute the percentage required to be computed for that tax 5230
under division (D) of section 319.301 of the Revised Code each 5231
year the rate is increased as if the tax had been levied in the 5232
preceding year at the rate to which it has been increased.5233

       (5) After the levying of a county school financing district 5234
tax in conjunction with the reduction of the rate of one or more 5235
school district taxes is approved by the electors under this 5236
division, if the rate of the county school financing district tax 5237
is decreased pursuant to an election under section 5705.261 of the 5238
Revised Code, the rate of each school district tax that had been 5239
reduced shall be increased by the number of mills obtained by 5240
multiplying the number of mills of the original reduction by the 5241
same percentage that the financing district tax rate is decreased. 5242
If the county school financing district tax is repealed pursuant 5243
to an election under section 5705.261 of the Revised Code, each 5244
school district may resume levying the property taxes that had 5245
been reduced at the full rate originally approved by the electors. 5246
A reduction in the rate of a school district property tax under 5247
this division is a reduction in the rate at which the board of 5248
education may levy that tax only for the period during which the 5249
county school financing district tax is levied prior to any 5250
decrease or repeal under section 5705.261 of the Revised Code. The 5251
resumption of the authority of the board of education to levy an 5252
increased or the full rate of tax does not constitute the levying 5253
of a new tax in excess of the ten-mill limitation.5254

       Sec. 5705.216.  A board of education that has issued notes in 5255
anticipation of the proceeds of a permanent improvements levy in 5256
the maximum amount permitted under division (C)(D)(2) or (3) of 5257
section 5705.21 of the Revised Code or a taxing authority of a 5258
county school financing district that has issued notes in 5259
anticipation of the proceeds of a levy in the maximum amount 5260
permitted under section 5705.215 of the Revised Code may, if the 5261
proceeds from the issuance of such notes have been spent, 5262
contracted, or encumbered, apply to the superintendent of public 5263
instruction for authorization to anticipate a fraction of the 5264
remaining estimated proceeds of the levy and issue anticipation 5265
notes for that purpose. The application shall be in such form and 5266
contain such information as the superintendent considers necessary 5267
and shall specify the amount of notes to be issued. The amount 5268
shall not exceed the following:5269

       (A) In the case of a school district:5270

       (1) For levies described under division (C)(D)(2) of section 5271
5705.21 of the Revised Code, the amount by which the total 5272
estimated proceeds of the levy remaining to be collected 5273
throughout its life exceeds the amount from such proceeds required 5274
to pay the principal and interest on notes issued under section 5275
5705.21 of the Revised Code and the interest on any notes issued 5276
under this section;5277

       (2) For levies described under division (C)(D)(3) of section 5278
5705.21 of the Revised Code, the amount by which the total 5279
estimated proceeds of the levy remaining to be collected over the 5280
specified number of years authorized for the issuance of the notes 5281
exceeds the amount from such proceeds required to pay the 5282
principal and interest on notes issued under section 5705.21 of 5283
the Revised Code and the interest on any notes issued under this 5284
section.5285

       (B) In the case of a county school financing district, the 5286
amount by which the total estimated proceeds of the levy remaining 5287
to be collected for the first five years of its life exceed the 5288
amount from such proceeds required to pay the principal and 5289
interest on notes issued under section 5705.215 of the Revised 5290
Code and the interest on any notes issued under this section.5291

       The superintendent shall examine the application and any 5292
other relevant information submitted and shall determine and 5293
certify the maximum amount of notes the district may issue under 5294
this section, which may be an amount less than the amount 5295
requested by the district.5296

       If the superintendent determines that the anticipated 5297
proceeds from the levy may be significantly less than expected and 5298
that additional notes should not be issued, hethe superintendent5299
may deny the application and give written notice of the denial to 5300
the president of the district's board of education or the taxing 5301
authority.5302

       Such notes shall be sold in the same manner as notes issued 5303
under section 5705.21 or 5705.215 of the Revised Code.5304

       Sec. 5705.218.  (A) The board of education of a city, local, 5305
or exempted village school district, at any time by a vote of 5306
two-thirds of all its members, may declare by resolution that it 5307
may be necessary for the school district to issue general 5308
obligation bonds for permanent improvements. The resolution shall 5309
state all of the following:5310

       (1) The necessity and purpose of the bond issue;5311

       (2) The date of the special election at which the question 5312
shall be submitted to the electors;5313

       (3) The amount, approximate date, estimated rate of interest, 5314
and maximum number of years over which the principal of the bonds 5315
may be paid;5316

       (4) The necessity of levying a tax outside the ten-mill 5317
limitation to pay debt charges on the bonds and any anticipatory 5318
securities.5319

       On adoption of the resolution, the board shall certify a copy 5320
of it to the county auditor. The county auditor promptly shall 5321
estimate and certify to the board the average annual property tax 5322
rate required throughout the stated maturity of the bonds to pay 5323
debt charges on the bonds, in the same manner as under division 5324
(C) of section 133.18 of the Revised Code.5325

       (B) After receiving the county auditor's certification under 5326
division (A) of this section, the board of education of the city, 5327
local, or exempted village school district, by a vote of 5328
two-thirds of all its members, may declare by resolution that the 5329
amount of taxes that can be raised within the ten-mill limitation 5330
will be insufficient to provide an adequate amount for the present 5331
and future requirements of the school district; that it is 5332
necessary to issue general obligation bonds of the school district 5333
for permanent improvements and to levy an additional tax in excess 5334
of the ten-mill limitation to pay debt charges on the bonds and 5335
any anticipatory securities; that it is necessary for a specified 5336
number of years or for a continuing period of time to levy 5337
additional taxes in excess of the ten-mill limitation to provide 5338
funds for the acquisition, construction, enlargement, renovation, 5339
and financing of permanent improvements or to pay for current 5340
operating expenses, or both; and that the question of the bonds 5341
and taxes shall be submitted to the electors of the school 5342
district at a special election, which shall not be earlier than 5343
ninety days after certification of the resolution to the board of 5344
elections, and the date of which shall be consistent with section 5345
3501.01 of the Revised Code. The resolution shall specify all of 5346
the following:5347

       (1) The county auditor's estimate of the average annual 5348
property tax rate required throughout the stated maturity of the 5349
bonds to pay debt charges on the bonds;5350

       (2) The proposed rate of the tax, if any, for current 5351
operating expenses, the first year the tax will be levied, and the 5352
number of years it will be levied, or that it will be levied for a 5353
continuing period of time;5354

       (3) The proposed rate of the tax, if any, for permanent 5355
improvements, the first year the tax will be levied, and the 5356
number of years it will be levied, or that it will be levied for a 5357
continuing period of time.5358

       The resolution shall apportion the annual rate of the tax 5359
between current operating expenses and permanent improvements, if 5360
both taxes are proposed. The apportionment may but need not be the 5361
same for each year of the tax, but the respective portions of the 5362
rate actually levied each year for current operating expenses and 5363
permanent improvements shall be limited by the apportionment. The 5364
resolution shall go into immediate effect upon its passage, and no 5365
publication of it is necessary other than that provided in the 5366
notice of election. The board of education shall certify a copy of 5367
the resolution, along with copies of the auditor's estimate and 5368
its resolution under division (A) of this section, to the board of 5369
elections immediately after its adoption.5370

       (C) The board of elections shall make the arrangements for 5371
the submission of the question to the electors of the school 5372
district, and the election shall be conducted, canvassed, and 5373
certified in the same manner as regular elections in the district 5374
for the election of county officers. The resolution shall be put 5375
before the electors as one ballot question, with a favorable vote 5376
indicating approval of the bond issue, the levy to pay debt 5377
charges on the bonds and any anticipatory securities, the current 5378
operating expenses levy, and the permanent improvements levy, if 5379
either or both levies are proposed. The board of elections shall 5380
publish notice of the election in a newspaper of general 5381
circulation in the school district once a week for two consecutive 5382
weeks, or as provided in section 7.16 of the Revised Code, prior 5383
to the election. If a board of elections operates and maintains a 5384
web site, that board also shall post notice of the election on its 5385
web site for thirty days prior to the election. The notice of 5386
election shall state all of the following:5387

       (1) The principal amount of the proposed bond issue;5388

       (2) The permanent improvements for which the bonds are to be 5389
issued;5390

       (3) The maximum number of years over which the principal of 5391
the bonds may be paid;5392

       (4) The estimated additional average annual property tax rate 5393
to pay the debt charges on the bonds, as certified by the county 5394
auditor;5395

       (5) The proposed rate of the additional tax, if any, for 5396
current operating expenses;5397

       (6) The number of years the current operating expenses tax 5398
will be in effect, or that it will be in effect for a continuing 5399
period of time;5400

       (7) The proposed rate of the additional tax, if any, for 5401
permanent improvements;5402

       (8) The number of years the permanent improvements tax will 5403
be in effect, or that it will be in effect for a continuing period 5404
of time;5405

       (9) The time and place of the special election.5406

       (D) The form of the ballot for an election under this section 5407
is as follows:5408

       "Shall the .......... school district be authorized to do the 5409
following:5410

       (1) Issue bonds for the purpose of .......... in the 5411
principal amount of $......, to be repaid annually over a maximum 5412
period of ...... years, and levy a property tax outside the 5413
ten-mill limitation, estimated by the county auditor to average 5414
over the bond repayment period ...... mills for each one dollar of 5415
tax valuation, which amounts to ...... (rate expressed in cents or 5416
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 5417
tax valuation, to pay the annual debt charges on the bonds, and to 5418
pay debt charges on any notes issued in anticipation of those 5419
bonds?"5420

       If either a levy for permanent improvements or a levy for 5421
current operating expenses is proposed, or both are proposed, the 5422
ballot also shall contain the following language, as appropriate:5423

       "(2) Levy an additional property tax to provide funds for the 5424
acquisition, construction, enlargement, renovation, and financing 5425
of permanent improvements at a rate not exceeding ....... mills 5426
for each one dollar of tax valuation, which amounts to ....... 5427
(rate expressed in cents or dollars and cents) for each $100 of 5428
tax valuation, for ...... (number of years of the levy, or a 5429
continuing period of time)?5430

       (3) Levy an additional property tax to pay current operating 5431
expenses at a rate not exceeding ....... mills for each one dollar 5432
of tax valuation, which amounts to ....... (rate expressed in 5433
cents or dollars and cents) for each $100 of tax valuation, for 5434
....... (number of years of the levy, or a continuing period of 5435
time)?5436

        5437

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 5438
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 5439

        5440

       (E) The board of elections promptly shall certify the results 5441
of the election to the tax commissioner and the county auditor of 5442
the county in which the school district is located. If a majority 5443
of the electors voting on the question vote for it, the board of 5444
education may proceed with issuance of the bonds and with the levy 5445
and collection of the property tax or taxes at the additional rate 5446
or any lesser rate in excess of the ten-mill limitation. Any 5447
securities issued by the board of education under this section are 5448
Chapter 133. securities, as that term is defined in section 133.01 5449
of the Revised Code.5450

       (F)(1) After the approval of a tax for current operating 5451
expenses under this section and prior to the time the first 5452
collection and distribution from the levy can be made, the board 5453
of education may anticipate a fraction of the proceeds of such 5454
levy and issue anticipation notes in a principal amount not 5455
exceeding fifty per cent of the total estimated proceeds of the 5456
tax to be collected during the first year of the levy.5457

       (2) After the approval of a tax under this section for 5458
permanent improvements having a specific purpose, the board of 5459
education may anticipate a fraction of the proceeds of such tax 5460
and issue anticipation notes in a principal amount not exceeding 5461
fifty per cent of the total estimated proceeds of the tax 5462
remaining to be collected in each year over a period of five years 5463
after issuance of the notes.5464

       (3) After the approval of a tax for general, on-going 5465
permanent improvements under this section, the board of education 5466
may anticipate a fraction of the proceeds of such tax and issue 5467
anticipation notes in a principal amount not exceeding fifty per 5468
cent of the total estimated proceeds of the tax to be collected in 5469
each year over a specified period of years, not exceeding ten, 5470
after issuance of the notes.5471

       Anticipation notes under this section shall be issued as 5472
provided in section 133.24 of the Revised Code. Notes issued under 5473
division (F)(1) or (2) of this section shall have principal 5474
payments during each year after the year of their issuance over a 5475
period not to exceed five years, and may have a principal payment 5476
in the year of their issuance. Notes issued under division (F)(3) 5477
of this section shall have principal payments during each year 5478
after the year of their issuance over a period not to exceed ten 5479
years, and may have a principal payment in the year of their 5480
issuance.5481

       (G) A tax for current operating expenses or for permanent 5482
improvements levied under this section for a specified number of 5483
years may be renewed or replaced in the same manner as a tax for 5484
current operating expenses or for permanent improvements levied 5485
under section 5705.21 of the Revised Code. A tax for current 5486
operating expenses or for permanent improvements levied under this 5487
section for a continuing period of time may be decreased in 5488
accordance with section 5705.261 of the Revised Code.5489

       (H) The submission of a question to the electors under this 5490
section is subject to the limitation on the number of elections 5491
that can be held in a year under section 5705.214 of the Revised 5492
Code.5493

       (I) A school district board of education proposing a ballot 5494
measure under this section to generate local resources for a 5495
project under the school building assistance expedited local 5496
partnership program under section 3318.36 of the Revised Code may 5497
combine the questions under division (D) of this section with a 5498
question for the levy of a property tax to generate moneys for 5499
maintenance of the classroom facilities acquired under that 5500
project as prescribed in section 3318.361 of the Revised Code.5501

       (J)(1) After receiving the county auditor's certification 5502
under division (A) of this section, the board of education of a 5503
municipal school district, by a vote of two-thirds of all its 5504
members, may declare by resolution that it is necessary to levy a 5505
tax in excess of the ten-mill limitation for the purpose of paying 5506
the current expenses of the school district and of qualifying 5507
community schools, as defined in section 5705.21 of the Revised 5508
Code; that it is necessary to issue general obligation bonds of 5509
the school district for permanent improvements and to levy an 5510
additional tax in excess of the ten-mill limitation to pay debt 5511
charges on the bonds and any anticipatory securities; and that the 5512
question of the bonds and taxes shall be submitted to the electors 5513
of the school district at a special election, which shall not be 5514
earlier than ninety days after certification of the resolution to 5515
the board of elections, and the date of which shall be consistent 5516
with section 3505.01 of the Revised Code.5517

        (2) The tax for the current expenses of the school district 5518
and of qualifying community schools shall conform to division (B) 5519
of section 5705.21 of the Revised Code.5520

        (3) In addition to the required specifications of the 5521
resolution under division (B) of this section, the resolution 5522
shall state the number of the mills to be levied for the current 5523
expenses of the qualifying community schools and the number of the 5524
mills to be levied for the current expenses of the school 5525
district.5526

        (4) The form of the ballot shall be modified by replacing 5527
division (D)(3) of this section with the following:5528

        "Levy an additional property tax for the purpose of the 5529
current expenses of the school district and of qualifying 5530
community schools at a rate not exceeding ...... (insert the 5531
number of mills) mills for each one dollar of valuation (of which 5532
...... (insert the number of mills to be allocated to qualifying 5533
community schools) mills is to be allocated to qualifying 5534
community schools) which amounts to ...... (insert the rate 5535
expressed in dollars and cents) for each one hundred dollars of 5536
valuation, for ...... (insert the number of years the levy is to 5537
be imposed, or that it will be levied for a continuing period of 5538
time)?5539

        FOR THE BOND ISSUE AND LEVY (OR LEVIES) AGAINST THE BOND 5540
ISSUE AND LEVY (OR LEVIES)"5541

        (5) After the approval of a tax for the current expenses of 5542
the school district and of qualifying community schools under 5543
division (J) of this section, and prior to the time the first 5544
collection and distribution from the levy can be made, the board 5545
of education may anticipate a fraction of the proceeds of the levy 5546
for the current expenses of the school district and issue 5547
anticipation notes in a principal amount not exceeding fifty per 5548
cent of the estimated proceeds of the levy to be collected during 5549
the first year of the levy and allocated to the school district. 5550
The portion of levy proceeds to be allocated to qualifying 5551
community schools shall not be included in the estimated proceeds 5552
anticipated under this division and shall not be used to pay debt 5553
charges on any anticipation notes.5554

        The notes shall be issued as provided in section 133.24 of 5555
the Revised Code, shall have principal payments during each year 5556
after the year of their issuance over a period not to exceed five 5557
years, and may have a principal payment in the year of their 5558
issuance.5559

        (6) A tax for the current expenses of the school district and 5560
of qualifying community schools levied under division (J) of this 5561
section for a specified number of years may be renewed or replaced 5562
in the same manner as a tax for the current expenses of a school 5563
district and of qualifying community schools levied under division 5564
(B) of section 5705.21 of the Revised Code. A tax for the current 5565
expenses of the school district and of qualifying community 5566
schools levied under this division for a continuing period of time 5567
may be decreased in accordance with section 5705.261 of the 5568
Revised Code.5569

        (7) The proceeds from the issuance of the general obligation 5570
bonds under division (J) of this section shall be used solely to 5571
pay for permanent improvements of the school district and not for 5572
permanent improvements of qualifying community schools.5573

       Sec. 5705.261.  The question of decrease of an increased rate 5574
of levy approved for a continuing period of time by the voters of 5575
a subdivision may be initiated by the filing of a petition with 5576
the board of elections of the proper county not less than ninety 5577
days before the general election in any year requesting that an 5578
election be held on such question. Such petition shall state the 5579
amount of the proposed decrease in the rate of levy and shall be 5580
signed by qualified electors residing in the subdivision equal in 5581
number to at least ten per cent of the total number of votes cast 5582
in the subdivision for the office of governor at the most recent 5583
general election for that office. Only one such petition may be 5584
filed during each five-year period following the election at which 5585
the voters approved the increased rate for a continuing period of 5586
time.5587

       After determination by it that such petition is valid, the 5588
board of elections shall submit the question to the electors of 5589
the district at the succeeding general election. The election 5590
shall be conducted, canvassed, and certified in the same manner as 5591
regular elections in such subdivision for county offices. Notice 5592
of the election shall be published in a newspaper of general 5593
circulation in the district once a week for two consecutive weeks, 5594
or as provided in section 7.16 of the Revised Code, prior to the 5595
election. If the board of elections operates and maintains a web 5596
site, the board of elections shall post notice of the election on 5597
its web site for thirty days prior to the election. The notice 5598
shall state the purpose, the amount of the proposed decrease in 5599
rate, and the time and place of the election. The form of the 5600
ballot cast at such election shall be prescribed by the secretary 5601
of state. The question covered by such petition shall be submitted 5602
as a separate proposition but it may be printed on the same ballot 5603
with any other propositions submitted at the same election other 5604
than the election of officers. If a majority of the qualified 5605
electors voting on the question of a decrease at such election 5606
approve the proposed decrease in rate, the result of the election 5607
shall be certified immediately after the canvass by the board of 5608
elections to the subdivision's taxing authority, which shall 5609
thereupon, after the current year, cease to levy such increased 5610
rate or levy such tax at such reduced rate upon the duplicate of 5611
the subdivision. If notes have been issued in anticipation of the 5612
collection of such levy, the taxing authority shall continue to 5613
levy and collect under authority of the election authorizing the 5614
original levy such amounts as will be sufficient to pay the 5615
principal of and interest on such anticipation notes as the same 5616
fall due.5617

       In the case of a levy for the current expenses of a municipal 5618
school district and of qualifying community schools imposed under 5619
section 5705.192, division (B) of section 5705.21, division (C) of 5620
section 5705.212, or division (J) of section 5705.218 of the 5621
Revised Code for a continuing period of time, the rate allocated 5622
to the school district and to qualifying community schools shall 5623
each be decreased by a number of mills per dollar that is 5624
proportionate to the decrease in the rate of the levy in 5625
proportion to the rate at which the levy was imposed before the 5626
decrease.5627

       Sec. 5748.01.  As used in this chapter:5628

       (A) "School district income tax" means an income tax adopted 5629
under one of the following:5630

       (1) Former section 5748.03 of the Revised Code as it existed 5631
prior to its repeal by Amended Substitute House Bill No. 291 of 5632
the 115th general assembly;5633

       (2) Section 5748.03 of the Revised Code as enacted in 5634
Substitute Senate Bill No. 28 of the 118th general assembly;5635

       (3) Section 5748.08 of the Revised Code as enacted in Amended 5636
Substitute Senate Bill No. 17 of the 122nd general assembly;5637

       (4) Section 5748.021 of the Revised Code;5638

       (5) Section 5748.081 of the Revised Code;5639

       (6) Section 5748.09 of the Revised Code.5640

       (B) "Individual" means an individual subject to the tax 5641
levied by section 5747.02 of the Revised Code.5642

       (C) "Estate" means an estate subject to the tax levied by 5643
section 5747.02 of the Revised Code.5644

       (D) "Taxable year" means a taxable year as defined in 5645
division (M) of section 5747.01 of the Revised Code.5646

       (E) "Taxable income" means:5647

       (1) In the case of an individual, one of the following, as 5648
specified in the resolution imposing the tax:5649

       (a) Ohio adjusted gross income for the taxable year as 5650
defined in division (A) of section 5747.01 of the Revised Code, 5651
less the exemptions provided by section 5747.02 of the Revised 5652
Code;5653

       (b) Wages, salaries, tips, and other employee compensation to 5654
the extent included in Ohio adjusted gross income as defined in 5655
section 5747.01 of the Revised Code, and net earnings from 5656
self-employment, as defined in section 1402(a) of the Internal 5657
Revenue Code, to the extent included in Ohio adjusted gross 5658
income.5659

       (2) In the case of an estate, taxable income for the taxable 5660
year as defined in division (S) of section 5747.01 of the Revised 5661
Code.5662

       (F) "Resident" of the school district means:5663

       (1) An individual who is a resident of this state as defined 5664
in division (I) of section 5747.01 of the Revised Code during all 5665
or a portion of the taxable year and who, during all or a portion 5666
of such period of state residency, is domiciled in the school 5667
district or lives in and maintains a permanent place of abode in 5668
the school district;5669

       (2) An estate of a decedent who, at the time of death, was 5670
domiciled in the school district.5671

       (G) "School district income" means:5672

       (1) With respect to an individual, the portion of the taxable 5673
income of an individual that is received by the individual during 5674
the portion of the taxable year that the individual is a resident 5675
of the school district and the school district income tax is in 5676
effect in that school district. An individual may have school 5677
district income with respect to more than one school district.5678

       (2) With respect to an estate, the taxable income of the 5679
estate for the portion of the taxable year that the school 5680
district income tax is in effect in that school district.5681

       (H) "Taxpayer" means an individual or estate having school 5682
district income upon which a school district income tax is 5683
imposed.5684

       (I) "School district purposes" means any of the purposes for 5685
which a tax may be levied pursuant to division (A) of section 5686
5705.21 of the Revised Code, including the combined purposes 5687
authorized by section 5705.217 of the Revised Code.5688

       Section 2. That existing sections 124.36, 2903.13, 2921.02, 5689
3302.03, 3302.04, 3302.061, 3307.01, 3311.71, 3311.72, 3311.74, 5690
3311.76, 3313.41, 3313.411, 3313.975, 3314.012, 3314.016, 3314.10, 5691
3314.35, 3314.36, 3316.07, 3318.08, 3319.02, 3319.071, 3319.10, 5692
3319.112, 3319.12, 3319.13, 3319.14, 3319.141, 3319.143, 3319.151, 5693
3319.18, 3319.283, 4141.29, 5705.192, 5705.21, 5705.212, 5705.215, 5694
5705.216, 5705.218, 5705.261, and 5748.01 of the Revised Code are 5695
hereby repealed.5696

       Section 3.  The amendment by this act of sections 5705.192, 5697
5705.21, 5705.212, 5705.215, 5705.216, 5705.218, 5705.261, and 5698
5748.01 of the Revised Code apply to any proceedings commenced 5699
after their effective date, and, so far as their provisions 5700
support the actions taken, also apply to any proceedings that on 5701
their effective date are pending, in progress, or completed, to 5702
any elections authorized, conducted, or certified, and to 5703
securities authorized or issued pursuant to those proceedings, 5704
notwithstanding any law, resolution, ordinance, order, 5705
advertisement, notice, or other proceeding in effect before their 5706
effective date. Any proceedings pending or in progress on, or 5707
completed by or before, the effective date of those amendments, 5708
elections authorized, conducted, or certified, and securities 5709
sold, issued, and delivered, or validated, pursuant to those 5710
proceedings, shall be deemed to have been taken, authorized, 5711
conducted, certified, sold, issued, delivered, or validated in 5712
conformity with those amendments so far as their provisions 5713
support the actions taken, and are hereby ratified and confirmed.5714

        The amendment by this act of sections 5705.192, 5705.21, 5715
5705.212, 5705.215, 5705.216, 5705.218, 5705.261, and 5748.01 of 5716
the Revised Code provide additional or supplemental provisions for 5717
subject matter that may also be the subject of other laws, and is 5718
intended to be supplemental to, and not in derogation of, any 5719
similar authority provided by, derived from, or implied by, the 5720
Constitution of Ohio, or any other law, including laws amended by 5721
this act, or any charter, order, resolution, or ordinance; and 5722
those amendments to sections 5705.192, 5705.21, 5705.212, 5723
5705.215, 5705.216, 5705.218, 5705.261, and 5748.01 of the Revised 5724
Code shall not be interpreted to negate the authority provided by, 5725
derived from, or implied by such Constitution of Ohio, laws, 5726
charters, orders, resolutions, or ordinances.5727

        The provisions of law enacted, amended, or repealed by this 5728
act, as existed prior to the act's effective date, shall be deemed 5729
to remain applicable to any actions taken, including any election 5730
held or any securities issued pursuant to or in reliance on them.5731

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