(A) The purpose of this rule is to prescribe conditions for establishing and operating site-based management councils under section 3314.20 of the Revised Code. This section provides that all school districts with an average daily membership (ADM) over five thousand, except those designated excellent or effective shall identify at least one school to be operated by a site-based management council (SBMC).
(B) Immediately following performance designations (sometime after July 1, 1999) of Ohio school districts, boards of education in those school districts not designated excellent or effective, and with ADM over five thousand, shall identify at least one school to be operated by a SBMC.
(C) Additionally, those boards of education must:
(1) Specify the composition of the SBMC, which must include, but not be limited to:
(a) The building principal;
(b) Teachers assigned to the school;
(c) Nonteaching staff;
(d) A number (equal to the number of teachers serving on the SBMC) of parents, each with at least one child enrolled in the school;
(e) Up to three community representatives;
(f) As an option: a member of the student body, with or without voting rights.
(2) Assure that any change in the number of teacher, nonteaching staff, or parent members of the SBMC results in any other changes necessary to achieve parity of membership among these three groups.
(3) Adopt provisions for selecting council members. Such provisions shall provide that:
(a) Teachers, nonteaching staff, parent groups, and students, if applicable, shall each select their own representatives, who in turn, shall be responsible for reporting back to the group they represent and for soliciting that group's views and assistance;
(b) The teacher, nonteaching staff, and parent representative groups elected to the SBMC shall each appoint one community representative to serve on the SBMC.
(4) Adopt provisions for removing council members, recognizing that the SBMC will establish procedures for the removal of members of the SBMC. Such provisions shall specify that:
(a) Removal of a teacher or nonteaching staff member of the SBMC shall result from an action by the school district superintendent, with the concurrence of the constituency represented, and shall be in accordance with school district board of education policies and procedures.
(b) Removal of a parent member of the SBMC shall result from an action by the SBMC, with the concurrence of the parent constituency represented, and in accordance with its own established policies and procedures.
(c) Removal of a community member of the SBMC shall result from an action by the SBMC, with the concurrence of seventy-five percent of the SBMC representatives, and in accordance with its own established policies and procedures.
(5) Delineate the powers, duties, functions, and responsibilities to be exercised by the SBMC, including, but not limited to:
(a) Providing input for the implementation of guidelines, processes, and procedures established by the school district board of education for selecting the principal;
(b) Recommending to the superintendent, for cause, as established by school district board of education policy, the removal from the school of the principal, teachers, and/or other professional and para-professional staff;
(c) Recognizing the building principal as chair and facilitator of the initial organizational meeting of the SBMC, during which a temporary chair will be selected to serve until provisions are made to select a permanent chair;
(d) Facilitating the development of a continuous improvement plan for the school;
(e) Monitoring and evaluating the school's progress with continuous improvement;
(f) Preparing annually, for submission to the school district superintendent and board of education, a budget for the operation of the school;
(g) Monitoring the budget;
(h) Preparing and communicating financial progress reports at least annually to the school district board of education and the community.
(6) Meet and agree with the SBMC on procedures for resolving any disagreements as to their respective powers, duties, functions, and responsibilities. Such procedures will include provisions for an independent, local mediator to be used to help resolve such disagreements, and if necessary, provide binding resolution. No member of the state board of education or the Ohio department of education shall be eligible to serve as a mediator.
(D) In lieu of following the specifications provided in paragraphs (A) to (C) of this rule, boards of education in those school districts required to establish a SBMC-governed school may file with the Ohio department of education, an alternative structure for a site-based management program. Such proposals must specify:
(1) The composition of the SBMC, including an equal number of parents and teachers, as well as the principal;
(2) The method of selection and removal of SBMC members;
(3) Clear delineation of the respective powers, duties, functions, and responsibilities of the school district board of education and the SBMC.
(E) The alternative proposal filed with the Ohio department of education must comply substantively with paragraphs (A) to (C) of this rule as determined by the Ohio department of education.