Chapter 3311. SCHOOL DISTRICTS; COUNTY PLANNING
The school districts of the state shall be styled "city school
districts," "local school districts," "exempted village school districts," and
"cooperative education school districts"; and joint vocational school districts
may be styled either "joint vocational school districts" or "vocational school
districts."
Effective Date:
09-29-1995.
The territory within the corporate limits of each city,
excluding the territory detached therefrom for school purposes and including
the territory attached thereto for school purposes, constitutes a city school
district. When a city is reduced to a village, the city school district shall
thereupon become a local school district, except that when a city is reduced to
a village but its city school district includes within its boundaries all or
part of two or more municipal corporations, the aggregate population of which
totals five thousand or more as determined by the preceding federal census, it
may, by a majority vote of the school board, remain a city school district. An
exempted village school district which includes within its boundaries all or
part of two or more municipal corporations, the aggregate population of which
totals five thousand or more as determined by the preceding federal census,
may, with the approval of the state board of education, become a city school
district.
Effective Date:
01-09-1981.
Each school district, other than a city school district,
exempted village school district, joint vocational school district, or district
then known as a county school district, in existence on September 16, 1943,
shall be known as a "local school district" and shall continue to be known as a
"local school district" until it has lost its identity as a separate school
district or has acquired a different styling as provided by law. All school
districts created after September 16, 1943 and prior to July 1, 1995, other
than city school districts, exempted village school districts, districts then
known as county school districts, or joint vocational school districts, shall
be known as "local school districts." After July 1, 1995, no school districts
other than city, joint vocational, local, and cooperative education districts
may be created. In addition to school districts, educational service centers
may be created after such date.
Effective Date:
09-29-1995.
Each school district known as an exempted village school
district on September 16, 1943, shall be known as an "exempted village school
district" and shall continue to be known as an exempted village school district
until it has lost its identity as a separate school district or has acquired a
different styling as provided by law.
Effective Date:
10-01-1953.
| (A) |
The territory within the territorial limits of a
county, or the territory included in a district formed under section
3311.053 of the Revised Code,
exclusive of the territory embraced in any city school district or exempted
village school district, and excluding the territory detached therefrom for
school purposes and including the territory attached thereto for school
purposes constitutes an educational service center. If
the educational service center in which the territory of a local school
district is located is dissolved under section
3311.0510 of the Revised Code, the
territory of that local school district shall not constitute part of any
educational service center. |
| (B) |
A
county school financing district created under section
3311.50 of the Revised Code is not
the school district described in division (A) of this section or any other
school district but is a taxing district. |
Amended by
129th General AssemblyFile No.58, HB 157,
§1, eff.
12/21/2011.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Effective Date: 06-26-2003
.
The auditor of state, on the auditor of state's initiative,
may conduct a performance audit of an educational service center.
Added by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
| (A) |
If all of the client school districts of an
educational service center have terminated their agreements with the service
center under division (D) of section
3313.843 of the Revised Code,
upon the latest effective date of the terminations, the governing board of that
service center shall be abolished and such service center shall be dissolved by
order of the superintendent of public instruction. The superintendent's order
shall provide for the equitable division and disposition of the assets,
property, debts, and obligations of the service center among the school
districts that were client school districts of the service center for the
service center's last fiscal year of operation. The superintendent's order
shall provide that the tax duplicate of each of those school districts shall be
bound for and assume the district's equitable share of the outstanding
indebtedness of the service center. The superintendent's order is final and is
not appealable. Immediately upon the
abolishment of the service center governing board pursuant to this section, the
superintendent of public instruction shall appoint a qualified individual to
administer the dissolution of the service center and to implement the terms of
the superintendent's dissolution order. Prior to distributing
assets to any school district under this section, but after paying in full
other debts and obligations of the service center under this section, the
superintendent of public instruction may assess against the remaining assets of
the service center the amount of the costs incurred by the department of
education in performing the superintendent's duties under this division,
including the fees, if any, owed to the individual appointed to administer the
superintendent's dissolution order. Any excess cost incurred by the department
under this division shall be divided equitably among the school districts that
were client school districts of the service center for the service center's
last fiscal year of operation. Each district's share of that excess cost shall
be bound against the tax duplicate of that district.
|
| (B) |
A
final audit of the former service center shall be performed in accordance with
procedures established by the auditor of state. |
| (C) |
The public records of an educational service center that is dissolved under
this section shall be transferred in accordance with this division. Public
records maintained by the service center in connection with services provided
by the service center to local school districts of which the territory of the
service center is or previously was made up shall be transferred to each of the
respective local school districts. Public records maintained by the service
center in connection with services provided to client school districts shall be
transferred to each of the respective client school districts. All other public
records maintained by the service center at the time the service center ceases
operations shall be transferred to the Ohio history
connection for analysis and disposition by the Ohio history
connection in its capacity as archives administrator for the state and
its political subdivisions pursuant to division (C) of section
149.30 and section
149.31 of the Revised
Code. |
| (D) |
As used in this section, "client school district"
means a city, exempted village, or local school district that has entered into
an agreement under section
3313.843 or
3313.845 of the Revised Code to
receive any services from an educational service center. |
Amended by
131st General Assembly File No. TBD, HB 141, §1,
eff. 9/29/2015.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.58, HB 157,
§1, eff.
12/21/2011.
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Effective Date:
07-01-1997.
| (A) |
The boards of education of up to five adjoining
educational service centers may, by identical resolutions adopted by a majority
of the members of each governing board within any sixty-day period, combine
such educational service centers into one educational service center. The
resolutions shall state the name of the new center, which may be styled as a
"joint educational service center." The resolutions shall also indicate whether
the governing board of the new educational service center is to be formed in
accordance with division (B) of this section, in accordance with division (A)
of section
3311.054 of the Revised Code, or
in accordance with section
3311.057 of the Revised Code. A copy of each resolution
shall be filed with the state board of education. The new educational service
center shall be created and the governing boards of the participating
educational service centers shall be dissolved and a new governing board
established thirty days after the date on which the last resolution was filed
with the state board.
|
| (B) |
The
initial members of a new governing board established in accordance with this
division shall be appointed as follows:
| (1) |
If
two educational service centers combine, each center's governing board, prior
to its dissolution, shall appoint two members to the new governing board and
the four members so selected shall select a fifth member within ten days of the
date on which the last of the four members is appointed. |
| (2) |
If
three educational service centers combine, each center's governing board, prior
to its dissolution, shall appoint one member to the new governing board and the
three members so selected shall select the remaining two members of the
governing board within ten days of the date on which the last of the three
members is appointed. |
| (3) |
If four
educational service centers combine, each center's governing board, prior to
its dissolution, shall appoint one member to the new governing board and the
four members so selected shall select the remaining member of the governing
board within ten days of the date on which the last of the four members is
appointed. |
| (4) |
If five
educational service centers combine, each center's governing board, prior to
its dissolution, shall appoint one member to the new governing board. If the members appointed to
a new governing board by the governing boards of the combining educational
service centers are unable to agree on the selection of the remaining members
of the new governing board within ten days, the probate judge of the county in
which the greatest number of pupils under the supervision of the new
educational service center reside shall appoint the remaining members. Electors of the new
educational service center shall elect a new governing board at the next
general election occurring in an odd-numbered year and more than
ninety days after the date of the appointment of the
last member to the initial governing board. Members shall serve for the
duration of the term to which they are elected or until their successors are
elected and qualified. At such election, two members shall be elected to terms
of two years and three members shall be elected to terms of four years.
Thereafter, their successors shall be elected in the same manner and for the
same terms as members of governing boards of all educational service centers.
Each candidate for election as a member of the educational service center
governing board shall file a nominating petition in accordance with section
3513.255 of the Revised Code.
|
|
| (C) |
The funds of each former educational service
center shall be paid over in full to the governing board of the new educational
service center, and the legal title to all property of the former governing
boards shall become vested in the new governing board. The governing board of an
educational service center created under this section shall honor all contracts
made by the former governing boards.
|
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 06-30-1997
.
| (A) |
The initial members of any new governing board of
an educational service center established in accordance with this section shall
be all of the members of the governing boards of the former educational service
centers whose territory comprises the new educational service center. The
initial members of any such governing board shall serve until the first Monday
of January immediately following the first election of governing board members
conducted under division (C) of this section. Notwithstanding
section 3313.11 of the Revised Code, that
section shall not apply to the filling of any vacancy among the initial members
of any governing board established in accordance with this section. Any such
vacancy shall be filled for the remainder of the term by a majority vote of all
the remaining members of the governing board.
|
| (B) |
Prior to the next first day of April in an
odd-numbered year that occurs at least ninety days after the date on which any
new governing board of an educational service center is initially established
in accordance with this section, the governing board or, at the governing board's option, an executive committee
of the governing board appointed by the governing board shall do both of
the following:
| (1) |
Designate the number of elected members comprising all subsequent governing
boards of the educational service center, which number shall be an odd number
not to exceed nine. |
| (2) |
Divide
the educational service center into a number of subdistricts equal to the
number of governing board members designated under division (B)(1) of this
section and number the subdistricts. Each subdistrict shall be as nearly equal
in population as possible and shall be composed of adjacent and compact
territory. To the extent possible, each subdistrict shall be composed only of
territory located in one county. In addition, the subdistricts shall be bounded
as far as possible by corporation lines, streets, alleys, avenues, public
grounds, canals, watercourses, ward boundaries, voting precinct boundaries, or
school district boundaries. If the new governing
board fails to divide the territory of the educational service center in
accordance with this division, the superintendent of public instruction shall
establish the subdistricts within thirty days.
|
|
| (C) |
At the next regular municipal election following
the deadline for creation of the subdistricts of an educational service center
under division (B) of this section, an entire new governing board shall be
elected. All members of such governing board shall be elected from those
subdistricts. |
| (D) |
Within ninety days after the official announcement
of the results of each successive federal decennial census, each governing
board of an educational service center established in accordance with this
section shall redistrict the educational service center's territory into a
number of subdistricts equal to the number of board members designated under
division (B)(1) of this section and number the subdistricts. Each such
redistricting shall be done in accordance with the standards for subdistricts
in division (B)(2) of this section. At the next regular municipal election
following the announcement of the results of each such successive census, all
elected governing board members shall again be elected from the subdistricts
most recently created under this division. If a governing board
fails to redistrict the territory of its educational service center in
accordance with this division, the superintendent of public instruction shall
redistrict the service center within thirty days.
|
| (E) |
All members elected pursuant to this section shall
take office on the first Monday of January immediately following the election.
Whenever all elected governing board members are elected at one election under
division (C) or (D) of this section, the terms of each of the members elected
from even-numbered subdistricts shall be for two years and the terms of each of
the members elected from odd-numbered subdistricts shall be for four years.
Thereafter, successors shall be elected for four-year terms in the same manner
as is provided by law for the election of members of school boards except that
any successor elected at a regular municipal election immediately preceding any
election at which an entire new governing board is elected shall be elected for
a two-year term. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 10-29-1996
.
Wherever in Title XXXIII [33] of the Revised Code the term
"school board" or "board of education" is used without expressly referring to
boards governing city, local, exempted village, or joint vocational school
districts, or some specific combination thereof, the term shall be construed to
include the governing boards of educational service centers. Wherever in Title
XXXIII [33] of the Revised Code the term "school district" is used without
expressly referring to city, local, exempted village, or joint vocational
school districts, or some specific combination thereof, the term shall be
construed to include educational service centers.
Effective Date:
06-30-1995.
The elected
members of an educational
service center governing board may
by resolution adopt a plan for adding appointed members to that governing
board. A plan may provide for adding to the board a number of appointed members
that is up to one less than the number of elected members on the board except
that the total number of elected and appointed board members shall be an odd
number. A plan shall provide for the terms of the appointed board members. The
appointed board members in each plan shall be appointed by a majority vote of
the full number of elected members on the board and vacancies shall be filled
as provided in the plan. Each plan shall specify the qualifications for the
appointed board members of an educational service center
including the experience, knowledge, and skills that
advance the mission and vision of the service center. Appointed members
may be representative of the client school districts of the service center
that are not otherwise represented on the board.
As used in this section, "client school district" has the same meaning as in
section 3311.0510 of the Revised Code.
A governing board
adopting a plan under this section shall submit the plan to the state board of
education for approval. The state board may approve or disapprove a plan or
make recommendations for modifications in a plan. A plan shall take effect
thirty days after approval by the state board and, when effective, appointments
to the board shall be made in accordance with the plan.
The elected members of
the governing board of an educational service center with a plan in effect
under this section may adopt, by unanimous vote of all the elected members, a
resolution to revise or rescind the plan in effect under this section. All
revisions shall comply with the requirements in this section for appointed
board members. A resolution revising or rescinding a plan shall specify the
dates and manner in which the revision or rescission is to take place. The
revision or rescission of a plan shall be submitted to the state board of
education for approval. The state board may approve or disapprove a revision or
rescission of a plan or make recommendations for modifications. Upon approval
of a revision or rescission by the state board, the revised plan or rescission
of the plan shall go into effect as provided in the revision or
rescission.
Amended by
132nd General Assembly File No. TBD, HB 438, §1,
eff. 9/28/2018.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 06-30-1997
.
| (A) |
Any
educational service center that is formed by merging two or more educational
service centers or former county school districts may determine the number of
members of its governing board and whether the members are to be elected at
large or by subdistrict, provided each board shall have an odd number of
members. |
| (B) |
The governing board
of each service center that is merging to form the new service center shall
include identical provisions for electing the new service center's governing
board in its resolution adopted pursuant to division (A) of section
3311.053 of the Revised Code. If
there is any transition period between the effective date of the merger of the
service centers and the assumption of control of the new service center by the
new board, the resolutions shall include provisions for an interim governing
board which shall be appointed to govern the service center until the time the
new board is elected and assumes control of the service center. |
| (C) |
Any provisions for electing a governing
board adopted pursuant to division (B) of this section may provide for the
election of members at large, may provide for the establishment of subdistricts
within the district, or may require some members to be elected at large and
some to be elected from subdistricts. If subdistricts are included, the
resolutions shall specify the manner in which their boundaries are to be drawn.
The provisions shall attempt to ensure that each elected member of the board
represents an equal number of residents of the service center. To accomplish
this, any subdistrict containing a multiple of the number of electors in
another subdistrict, may elect at-large within that subdistrict, a number of
board members equal to the multiple that its population is of the population of
the other subdistrict. |
| (D) |
The
provisions for selecting board members set forth in the latest resolution
adopted pursuant to this section shall remain the method of electing board
members within that educational service center. |
Effective Date:
09-05-2001;
06-30-2006.
Notwithstanding anything to the contrary in Section 45.32 of
Am. Sub. H.B. 117 of the 121st General Assembly, 146 Ohio Laws 900, 1805, as
subsequently amended, or in Chapter 3311. of the Revised Code, no educational
service center shall be required to merge in order to achieve any prescribed
minimum average daily membership if such a merger will cause the territory of
the resultant joint educational service center to comprise more than eight
hundred square miles.
Effective Date:
09-05-2001.
The procedure prescribed in this section may be used in lieu
of a transfer prescribed under section
3311.231
of the Revised Code.
| (A) |
Subject to divisions (B) and (C) of this section, a
board of education of a local school district that severed and annexed its
territory under section
3311.059 of the
Revised Code as it existed prior to June 30, 2011, may by a resolution approved
by a majority of all its members propose to sever that local school district
from the territory of the educational service center in which the local school
district is currently included and to instead annex the local school district
to the territory of another educational service center, the current territory
of which is adjacent to the territory of the educational service center in
which the local school district is currently included. The resolution shall
promptly be filed with the governing board of each educational service center
affected by the resolution and with the superintendent of public
instruction. |
| (B) |
The resolution adopted under division (A) of this
section shall not be effective unless it is approved by the state board of
education. In deciding whether to approve the resolution, the state board shall
consider the impact of an annexation on both the school district and the
educational service center to which the district is proposed to be annexed,
including the ability of that service center to deliver services in a
cost-effective and efficient manner. The severance of the local school district
from one educational service center and its annexation to another educational
service center under this section shall not be effective until one year after
the first day of July following the later of the date that the state board of
education approves the resolution or the date the board of elections certifies
the results of the referendum election as provided in division (C) of this
section. |
| (C) |
Within sixty days following the date of the adoption
of the resolution under division (A) of this section, the electors of the local
school district may petition for a referendum vote on the resolution. The
question whether to approve or disapprove the resolution shall be submitted to
the electors of such school district if a number of qualified electors equal to
twenty per cent of the number of electors in the school district who voted for
the office of governor at the most recent general election for that office sign
a petition asking that the question of whether the resolution shall be
disapproved be submitted to the electors. The petition shall be filed with the
board of elections of the county in which the school district is located. If
the school district is located in more than one county, the petition shall be
filed with the board of elections of the county in which the majority of the
territory of the school district is located. The board shall certify the
validity and sufficiency of the signatures on the petition. The board of elections shall immediately notify the board of
education of the local school district and the governing board of each
educational service center affected by the resolution that the petition has
been filed. The effect of the resolution shall be stayed until the board
of elections certifies the validity and sufficiency of the signatures on the
petition. If the board of elections determines that the petition does not
contain a sufficient number of valid signatures and sixty days have passed
since the adoption of the resolution, the resolution shall become effective as
provided in division (B) of this section. If the board of elections certifies that the petition
contains a sufficient number of valid signatures, the board shall submit the
question to the qualified electors of the school district on the day of the
next general or primary election held at least ninety days after the board of
elections certifies the validity and sufficiency of signatures on the petition.
The election shall be conducted and canvassed and the results shall be
certified in the same manner as in regular elections for the election of
members of a board of education. If a majority of the electors voting on the question
disapprove the resolution, the resolution shall not become effective. If a
majority of the electors voting on the question approve the resolution, the
resolution shall become effective as provided in division (B) of this
section.
|
| (D) |
Upon the effective date of the severance of the local
school district from one educational service center and its annexation to
another educational service center as provided in division (B) of this section,
the governing board of each educational service center shall take such steps
for the election of members of the governing board and for organization of the
governing board as prescribed in Chapter 3313. of the Revised
Code. |
| (E) |
If a school district is severed from one educational
service center and annexed to an other service center under this section, the
board of education of that school district shall not propose a subsequent
severance and annexation action under this section that would be effective
sooner than four years after the effective date of the next previous severance
and annexation action under this section. |
Added by
132nd General Assembly File No. TBD, HB 438, §1,
eff.
9/28/2018.
| (A) |
As used in this section:
| (1) |
"Annexation" and "annexed" mean annexation for municipal purposes under
sections 709.02 to
709.37 of the Revised
Code. |
| (2) |
"Annexed
territory" means territory that has been annexed for municipal purposes to a
city served by an urban school district, but on September 24, 1986, has not
been transferred to the urban school district. |
| (3) |
"Urban school district" means a city school district with an average daily
membership for the 1985-1986 school year in excess of twenty thousand that is
the school district of a city that contains annexed territory. |
| (4) |
"Annexation agreement" means an agreement entered into under division (F) of
this section that has been approved by the state board of education or an
agreement entered into prior to September 24, 1986, that meets the requirements
of division (F) of this section and has been filed with the state
board. |
|
| (B) |
The
territory included within the boundaries of a city, local, exempted village, or
joint vocational school district shall be contiguous except where a natural
island forms an integral part of the district, where the state board of
education authorizes a noncontiguous school district, as provided in division
(E)(1) of this section, or where a local school district is created pursuant to
section 3311.26 of the Revised Code from
one or more local school districts, one of which has entered into an agreement
under section 3313.42 of the Revised
Code. |
| (C) |
| (1) |
When all of the territory of a school district is annexed to a city or village,
such territory thereby becomes a part of the city school district or the school
district of which the village is a part, and the legal title to school property
in such territory for school purposes shall be vested in the board of education
of the city school district or the school district of which the village is a
part. |
| (2) |
When the
territory so annexed to a city or village comprises part but not all of the
territory of a school district, the said territory becomes part of the city
school district or the school district of which the village is a part only upon
approval by the state board of education, unless the district in which the
territory is located is a party to an annexation agreement with the city school
district. Any urban school
district that has not entered into an annexation agreement with any other
school district whose territory would be affected by any transfer under this
division and that desires to negotiate the terms of transfer with any such
district shall conduct any negotiations under division (F) of this section as
part of entering into an annexation agreement with such a district. Any school district,
except an urban school district, desiring state board approval of a transfer
under this division shall make a good faith effort to negotiate the terms of
transfer with any other school district whose territory would be affected by
the transfer. Before the state board may approve any transfer of territory to a
school district, except an urban school district, under this section, it must
receive the following:
| (a) |
A resolution requesting approval of the transfer, passed by at least one of the
school districts whose territory would be affected by the transfer; |
| (b) |
Evidence determined to be sufficient by the state board to show that good faith
negotiations have taken place or that the district requesting the transfer has
made a good faith effort to hold such negotiations; |
| (c) |
If any negotiations took place, a statement signed by all boards that
participated in the negotiations, listing the terms agreed on and the points on
which no agreement could be reached. |
|
|
| (D) |
The state board of education shall adopt rules governing negotiations held by
any school district except an urban school district pursuant to division (C)(2)
of this section. The rules shall encourage the realization of the following
goals:
| (1) |
A
discussion by the negotiating districts of the present and future educational
needs of the pupils in each district; |
| (2) |
The educational, financial, and territorial stability of each district affected
by the transfer; |
| (3) |
The
assurance of appropriate educational programs, services, and opportunities for
all the pupils in each participating district, and adequate planning for the
facilities needed to provide these programs, services, and opportunities. Districts involved in
negotiations under such rules may agree to share revenues from the property
included in the territory to be transferred, establish cooperative programs
between the participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
|
|
| (E) |
| (1) |
If territory annexed after September 24, 1986, is part of a school district
that is a party to an annexation agreement with the urban school district
serving the annexing city, the transfer of such territory shall be governed by
the agreement. If the agreement does not specify how the territory is to be
dealt with, the boards of education of the district in which the territory is
located and the urban school district shall negotiate with regard to the
transfer of the territory which shall be transferred to the urban school
district unless, not later than ninety days after the effective date of
municipal annexation, the boards of education of both districts, by resolution
adopted by a majority of the members of each board, agree that the territory
will not be transferred and so inform the state board of education. If territory is
transferred under this division the transfer shall take effect on the first day
of July occurring not sooner than ninety-one days after the effective date of
the municipal annexation. Territory transferred under this division need not be
contiguous to the district to which it is transferred.
|
| (2) |
Territory annexed prior to September 24, 1986, by a city served by an urban
school district shall not be subject to transfer under this section if the
district in which the territory is located is a party to an annexation
agreement or becomes a party to such an agreement not later than ninety days
after September 24, 1986. If the district does not become a party to an
annexation agreement within the ninety-day period, transfer of territory shall
be governed by division (C)(2) of this section. If the district subsequently
becomes a party to an agreement, territory annexed prior to September 24, 1986,
other than territory annexed under division (C)(2) of this section prior to the
effective date of the agreement, shall not be subject to transfer under this
section. |
|
| (F) |
An urban school district may enter into a comprehensive agreement with one or
more school districts under which transfers of territory annexed by the city
served by the urban school district after September 24, 1986, shall be governed
by the agreement. Such agreement must provide for the establishment of a
cooperative education program under section
3313.842 of the Revised Code in
which all the parties to the agreement are participants and must be approved by
resolution of the majority of the members of each of the boards of education of
the school districts that are parties to it. An agreement may provide for
interdistrict payments based on local revenue growth resulting from development
in any territory annexed by the city served by the urban school district. An agreement entered
into under this division may be altered, modified, or terminated only by
agreement, by resolution approved by the majority of the members of each board
of education, of all school districts that are parties to the agreement, except
that with regard to any provision that affects only the urban school district
and one of the other districts that is a party, that district and the urban
district may modify or alter the agreement by resolution approved by the
majority of the members of the board of that district and the urban district.
Alterations, modifications, terminations, and extensions of an agreement
entered into under this division do not require approval of the state board of
education, but shall be filed with the board after approval and execution by
the parties. If an agreement
provides for interdistrict payments, each party to the agreement, except any
school district specifically exempted by the agreement, shall agree to make an
annual payment to the urban school district with respect to any of its
territory that is annexed territory in an amount not to exceed the amount
certified for that year under former section
3317.029 of the Revised Code as
that section existed prior to July 1, 1998; except that such limitation of
annual payments to amounts certified under former section
3317.029 of the Revised Code
does not apply to agreements or extensions of agreements entered into on or
after June 1, 1992, unless such limitation is expressly agreed to by the
parties. The agreement may provide that all or any part of the payment shall be
waived if the urban school district receives its payment with respect to such
annexed territory under former section
3317.029 of the Revised Code and
that all or any part of such payment may be waived if the urban school district
does not receive its payment with respect to such annexed territory under such
section. With respect to
territory that is transferred to the urban school district after September 24,
1986, the agreement may provide for annual payments by the urban school
district to the school district whose territory is transferred to the urban
school district subsequent to annexation by the city served by the urban school
district.
|
| (G) |
In the
event territory is transferred from one school district to another under this
section, an equitable division of the funds and indebtedness between the
districts involved shall be made under the supervision of the state board of
education and that board's decision shall be final. Such division shall not
include funds payable to or received by a school district under Chapter 3317.
of the Revised Code or payable to or received by a school district from the
United States or any department or agency thereof. In the event such
transferred territory includes real property owned by a school district, the
state board of education, as part of such division of funds and indebtedness,
shall determine the true value in money of such real property and all buildings
or other improvements thereon. The board of education of the school district
receiving such territory shall forthwith pay to the board of education of the
school district losing such territory such true value in money of such real
property, buildings, and improvements less such percentage of the true value in
money of each school building located on such real property as is represented
by the ratio of the total enrollment in day classes of the pupils residing in
the territory transferred enrolled at such school building in the school year
in which such annexation proceedings were commenced to the total enrollment in
day classes of all pupils residing in the school district losing such territory
enrolled at such school building in such school year. The school district
receiving such payment shall place the proceeds thereof in its sinking fund or
bond retirement fund. |
| (H) |
The state board of education, before approving such transfer of territory,
shall determine that such payment has been made and shall apportion to the
acquiring school district such percentage of the indebtedness of the school
district losing the territory as is represented by the ratio that the assessed
valuation of the territory transferred bears to the total assessed valuation of
the entire school district losing the territory as of the effective date of the
transfer, provided that in ascertaining the indebtedness of the school district
losing the territory the state board of education shall disregard such
percentage of the par value of the outstanding and unpaid bonds and notes of
said school district issued for construction or improvement of the school
building or buildings for which payment was made by the acquiring district as
is equal to the percentage by which the true value in money of such building or
buildings was reduced in fixing the amount of said payment. |
| (I) |
No transfer of school district territory or division of funds and indebtedness
incident thereto, pursuant to the annexation of territory to a city or village
shall be completed in any other manner than that prescribed by this section
regardless of the date of the commencement of such annexation proceedings, and
this section applies to all proceedings for such transfers and divisions of
funds and indebtedness pending or commenced on or after October 2,
1959. |
| (J) |
Notwithstanding anything to the contrary in the
Revised Code, including section
3311.24 of the Revised Code, and
any annexation agreement or any other agreement, beginning on the effective
date of this amendment until October 1, 2021, no school district that is a
party to an annexation agreement shall transfer territory that is or will be
used for nonresidential purposes to another school district that is a party to
the annexation agreement without the approval of the boards of education of
each of the school districts after the effective date of this amendment, unless
the school district territory of one of those boards of education overlaps with
a new community authority created prior to January 1, 1993, under Chapter 349.
of the Revised Code. |
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 07-01-1998
.
Repealed by
132nd General Assembly File No. TBD, HB 477, §2,
eff. 4/8/2019.
Effective Date:
09-24-1986.
Notwithstanding anything prohibiting the existence of school
districts with noncontiguous territory in section
3311.06 or
3311.37 of the Revised Code or in
any other section of this chapter, a new school district may be formed under
this chapter after the effective date of this section from the territory of
noncontiguous school districts, provided that the board of education of any
school district containing territory lying between the noncontiguous portions
of such a new school district adopts a resolution approving the establishment
of the new district.
Effective Date:
09-05-2001.
When a local or exempted village school district contains
within its territorial boundaries the major portion of the territory lying
within the corporate limits of a village advanced to a city, such school
district may by a majority vote of the full membership of such board of
education, declare that such local or exempted village school district shall
become a city school district, such change to become effective the next
succeeding first day of July. In the event a minor portion of the territory
lying within the corporate limits of a village advanced to a city is contained
within the territorial boundaries of a local or exempted village school
district other than the school district containing the major portion of the
territory lying within the corporate limits of such village, such territory
shall remain a part of such local or exempted village school district until
transferred to another school district.
Effective Date:
11-21-1973.
The board of education of any local school district which
contains within its territorial boundaries:
| (A) |
All the territory lying within the corporate
limits of a village having a population of three thousand or more according to
the last federal census; |
| (B) |
All
the territory lying within the corporate limits of a village having a
population of two thousand or more according to the last federal census and a
population outside the corporate limits of said village, as determined by a
census taken by such board, sufficient to make the total population of such
district three thousand or more, may, by a majority vote of the full membership
of such board, declare that such district be exempt from the supervision of the
governing board of the educational service center. When the board of education
of a local school district notifies the governing board of the educational
service center on or before the first day of May in any year, that it has
adopted, by a majority vote of its full membership, a declaration that such
local school district shall be exempt from the supervision of the educational
service center governing board, such local school district shall be exempt from
the supervision of the educational service center governing board for the
school year commencing the first day of July following the date of such
notification. The local school district so exempted from the supervision of the
educational service center governing board shall be known as an "exempted
village school district" until its status as an exempted village school
district has been changed. A census taken by the board of a local school
district, of territory outside the corporate limits of a village, shall be
taken by persons appointed by such board. Each person so appointed shall take
an oath or affirmation to take such a census accurately and shall make the
return under oath to the treasurer of the board. The treasurer shall send
certified copies of such census to the county auditor and to the superintendent
of public instruction. Such census shall be approved by the superintendent
before the school district is deemed to have sufficient population to meet the
requirements of an exempted village school district. |
Effective Date:
09-29-1995.
Effective Date:
07-01-1997.
If an exempted village school district fails to contain within
its territorial boundaries territory lying within the corporate limits of a
village having a population, according to the latest federal census of two
thousand or more, such exempted village school district shall become a local
school district, subject to the supervision of the educational service center
governing board for the school year commencing the first day of July following
the publication by the secretary of state of such census, and thereafter. This
section does not apply to any exempted village school district organized as
such exempted village school district prior to June 1, 1943. The board of
education of an exempted village school district that contains within its
boundaries all or part of two or more municipal corporations, the aggregate
population of which totals five thousand or more as determined by the preceding
federal census, may, by a majority vote of the full membership of the board,
propose that such district become a city school district. The proposal shall be
filed with the state board of education. The state board of education shall
either approve or disapprove the proposal and shall notify, in writing, the
board of education of the district of its decision within ninety days of the
day on which the proposal was received. A school district created by the state
board of education under section
3311.37 of the Revised Code which
includes any combination of two or more exempted village or local school
districts may be designated as a city school district by the state board of
education, provided the aggregate population of the newly created district
totals five thousand or more as determined by the last federal or special
census and provided there is contained within its boundaries all or part of a
municipal corporation. When a governing board of an educational service center
is dissolved pursuant to section
3311.37 of the Revised Code the
employees shall be assured the opportunity of continued employment in the newly
created school district in similar positions at no reduction in salary until
the expiration of the existing contracts. Nonteaching school employees of city
school districts, created pursuant to this section, shall not be employed
pursuant to Chapter 124. of the Revised Code, except that sick leave shall be
granted pursuant to section
124.38 of the Revised Code.
Effective Date:
09-29-1995.
If the state board of education adopts a resolution under this
chapter proposing the creation of a new city or local school district that was
not in operation during the 2004-2005 school year, the district shall not be
created unless both houses of the general assembly approve the creation of the
district through passage of a concurrent resolution.
Effective Date:
06-30-2005.
Effective Date:
07-01-1993.
Any local, exempted village, or city board of education, any
educational service center governing board, or any combination of boards of
such districts and centers, referred to in sections 3311.16,
3311.17, and
3311.18 of the Revised Code as the
initiating unit, may make or contract for the making of a study pertaining to
the need to establish within one county, or within an area comprised of two or
more adjoining counties, a joint vocational school district, and for the
preparation of a plan for the establishment and operation of a joint vocational
school district covering the territory of two or more school districts within
such county or counties. Any local, exempted village, or city school district
in the county or counties may participate with the initiating unit in the cost
of such study and plan. Such plan shall be submitted to the state board of
education by the initiating unit.
Effective Date:
09-29-1995.
On approval of the plan by the state board of education, the
initiating unit shall file a copy of such plan with the board of education of
each district whose territory is proposed to be included in the proposed joint
vocational school district. Within thirty days after receiving such copy, such
board of education shall determine whether its district shall become a part of
the proposed joint vocational school district. If one or more boards of
education decide not to become a part of such proposed district, a revised plan
shall be prepared by the initiating unit, and if such revised plan is approved
by the state board of education, such initiating unit shall file the revised
plan with the board of education of each district whose territory is proposed
to be included in the proposed joint vocational school district. Within thirty
days thereafter, each such district shall determine whether its district shall
become a part of the proposed joint vocational school district.
Effective Date:
10-07-1963.
Subject to the consent of the board of education of each school
district whose territory is proposed to be included within a joint vocational
school district, the initiating unit may create a joint vocational school
district within the county or within an area comprised of two or more adjoining
counties, composed of the territory of all the school districts whose boards of
education have approved the formation of the joint vocational school district.
The effective date for the establishment of such district shall be designated
by the initiating unit. The boards of education of the school districts
participating in the establishment of a joint vocational school district may
participate on a proportional basis in meeting the administrative, clerical,
and other expenses necessary to the establishment and operation of a joint
vocational school district until funds are otherwise provided. A school
district shall not lose its separate identity of legal existence by reason of
becoming a part of a joint vocational school district. Expenditures made by a
school district participating in the establishment of a joint vocational school
district for meeting the administrative, clerical and other expenses necessary
to the establishment and operation of a joint vocational school district until
such time as the joint vocational school district commences to receive revenues
as provided by law are hereby ratified and declared to have been lawfully made,
the same as if such contributions had been lawful at the time they were made.
Effective Date:
02-21-1967.
| (A) |
The management and control of a joint vocational
school district shall be vested in the joint vocational school district board
of education which, beginning on September 29, 2013, shall be appointed under
division (C) of this section. All members of a joint
vocational school district board serving unexpired terms on September 29, 2013,
may continue in office until the expiration of their terms. If a member leaves
office for any reason prior to the expiration of that member's term, the
vacancy shall be filled only in the manner provided in division (C) of this
section.
|
| (B) |
Except as provided in section
3311.191 of the Revised Code,
members of the joint vocational school district board appointed on or after
September 29, 2013, shall serve for three-year terms of office.
|
| (C) |
The
manner of appointment and the total number of members appointed to the joint
vocational school district board shall be in accordance with the most recent
plan for the joint vocational school district on file with the department of
education.
| (1) |
Appointments
under this section shall be made as the terms of members of each joint
vocational school district board who are serving unexpired terms on September
29, 2013, expire or as those offices are otherwise vacated prior to the
expiration date. |
| (2) |
Members of the
joint vocational board shall be
appointed by the member school district boards of education. Members of a joint
vocational school district board may either be a current elected board member
of a school district board that is a member of the joint vocational school
district or an individual who has experience or knowledge regarding the labor
needs of the state and region with an understanding of the skills,
training, and education needed for current and future employment opportunities
in the state. The appointing board may give preference to individuals who have
served as members on a joint vocational school business advisory committee
. |
|
| (D) |
The
vocational schools in the joint vocational school district shall be available
to all youth of school age within the joint vocational school district subject
to the rules adopted by the joint vocational school district board of education
in regard to the standards requisite to admission. A joint vocational school
district board of education shall have the same powers, duties, and authority
for the management and operation of such joint vocational school district as is
granted by law, except by this chapter and Chapters 124., 3317., 3323., and
3331. of the Revised Code, to a board of education of a city school district,
and shall be subject to all the provisions of law that apply to a city school
district, except such provisions in this chapter and Chapters 124., 3317.,
3323., and 3331. of the Revised Code. |
| (E) |
The
superintendent of schools of a joint vocational school district shall exercise
the duties and authority vested by law in a superintendent of schools
pertaining to the operation of a school district and the employment and
supervision of its personnel. The joint vocational school district board of
education shall appoint a treasurer of the joint vocational school district who
shall be the fiscal officer for such district and who shall have all the
powers, duties, and authority vested by law in a treasurer of a board of
education. |
| (F) |
Each member of a joint vocational school district
board of education may be paid such compensation as the board provides by
resolution, but it shall not exceed one hundred twenty-five dollars per member
for each meeting attended plus mileage, at the rate per mile provided by
resolution of the board, to and from meetings of the board. The board may provide by
resolution for the deduction of amounts payable for benefits under section
3313.202 of the Revised
Code. Each member of a joint
vocational school district board may be paid such compensation as the board
provides by resolution for attendance at an approved training program, provided
that such compensation shall not exceed sixty dollars per day for attendance at
a training program three hours or fewer in length and one hundred twenty-five
dollars a day for attendance at a training program longer than three hours in
length. However, no board member shall be compensated for the same training
program under this section and section
3313.12 of the Revised
Code.
|
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date:
09-20-2002; 09-29-2005
| (A) |
| (1) |
Subject to division (A)(2) of this section, if a
joint vocational school district has an even number of member districts each
appointing a member to the joint vocational school district board of education
and the joint vocational school district's plan on file with the department of
education provides for one additional board member to be appointed on a
rotating basis by one of the appointing boards, the term of that additional
member shall be for one year. The additional member shall otherwise meet the
requirements for joint vocational school board members prescribed by section
3311.19 of the Revised
Code. |
| (2) |
If an additional member of a joint vocational
school district board appointed on a rotating basis, as described in division
(A)(1) of this section, was appointed on or after September 29, 2013, but prior
to September 29, 2015, that member may continue in office until the expiration
of the member's current term of office. If such member vacates that office for
any reason prior to the expiration of that member's term, a new additional
member shall be appointed according to the rotational basis prescribed by the
district's plan, and that member shall serve for the remainder of the vacating
member's term. Thereafter, the term of office of the additional member shall be
as prescribed by division (A)(1) of this section. |
|
| (B) |
A
joint vocational school district board of education may
submit an application to the superintendent of public instruction for approval
to revise its membership plan to stagger the members' terms of office. Each
board may do so only one time. The application shall include the
revisions proposed to be made to members' terms, the manner by which the terms
shall be staggered, and any other information the state superintendent
requires. |
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 113, §1,
eff. 9/14/2016.
Added by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
A joint vocational school district board of education by a vote
of at least two-thirds of its full membership may, at any time, submit to the
electors of the joint vocational school district the question of issuing bonds
of such district for the purpose of paying the cost of purchasing a site or
enlargement thereof, and for the erection and equipment of buildings, or for
the purpose of enlarging, improving, or rebuilding thereof, and also the
necessity of a levy of a tax outside the limitation imposed by Section 2 of
Article XII, Ohio Constitution, to pay the interest on and retire such bonds.
The proceedings for such election and for the issuance and sale of such bonds
shall be the same as required of a board of education by Chapter 133. of the
Revised Code, provided that such bond issue may be submitted to the electors
and such bonds may be issued for any one or more improvements which the
district is authorized to acquire or construct, notwithstanding the fact that
such improvements may not be for one purpose under Chapter 133. of the Revised
Code. Notes may be issued in anticipation of such bonds as provided in section
133.22 of the Revised Code. The
joint vocational school district board of education shall be the taxing
authority of the district as this term is used in Chapter 133. of the Revised
Code. The annual levy necessary to pay the debt charges on such bonds shall be
extended by the auditor of each county in which territory of the joint
vocational school district is located on the tax lists of the school districts
in his county participating in the joint vocational school district for each
year for which the levy is made and shall be placed for collection on the tax
duplicates of such districts in his county to be collected at the same time and
in the same manner as other taxes on such duplicates. Such taxes authorized by
this section when collected shall be paid to the treasurer of the joint
vocational school district and deposited by him to the credit of the bond
retirement fund.
Effective Date:
10-30-1989.
| (A) |
In addition to the resolutions authorized by
sections 5705.194,
5705.199,
5705.21,
5705.212, and
5705.213 of the Revised Code, the
board of education of a joint vocational or cooperative education school
district by a vote of two-thirds of its full membership may at any time adopt a
resolution declaring the necessity to levy a tax in excess of the ten-mill
limitation for a period not to exceed ten years to provide funds for any one or
more of the following purposes, which may be stated in the following manner in
such resolution, the ballot, and the notice of election: purchasing a site or
enlargement thereof and for the erection and equipment of buildings; for the
purpose of enlarging, improving, or rebuilding thereof; for the purpose of
providing for the current expenses of the joint vocational or cooperative
school district; or for a continuing period for the purpose of providing for
the current expenses of the joint vocational or cooperative education school
district. The resolution shall specify the amount of the proposed rate and, if
a renewal, whether the levy is to renew all, or a portion of, the existing
levy, and shall specify the first year in which the levy will be imposed. If
the levy provides for but is not limited to current expenses, the resolution
shall apportion the annual rate of the levy between current expenses and the
other purpose or purposes. Such apportionment may but need not be the same for
each year of the levy, but the respective portions of the rate actually levied
each year for current expenses and the other purpose or purposes shall be
limited by such apportionment. The portion of any such rate actually levied for
current expenses of a joint vocational or cooperative education school district
shall be used in applying division (A) of section
3317.01 of the Revised Code. The
portion of any such rate not apportioned to the current expenses of a joint
vocational or cooperative education school district shall be used in applying
division (B) of this section. On the adoption of such resolution, the joint
vocational or cooperative education school district board of education shall
certify the resolution to the board of elections of the county containing the
most populous portion of the district, which board shall receive resolutions
for filing and send them to the boards of elections of each county in which
territory of the district is located, furnish all ballots for the election as
provided in section
3505.071 of the Revised Code, and
prepare the election notice; and the board of elections of each county in which
the territory of such district is located shall make the other necessary
arrangements for the submission of the question to the electors of the joint
vocational or cooperative education school district at the next primary or
general election occurring not less than ninety days after the resolution was
received from the joint vocational or cooperative education school district
board of education, or at a special election to be held at a time designated by
the district board of education consistent with the requirements of section
3501.01 of the Revised Code, which
date shall not be earlier than ninety days after the adoption and certification
of the resolution. The board of
elections of the county or counties in which territory of the joint vocational
or cooperative education school district is located shall cause to be published
in a
newspaper of general circulation in that district an advertisement of the
proposed tax levy question, together with a
statement of the amount of the proposed levy once a week for two consecutive
weeks or as provided in section
7.16 of the
Revised Code, prior to the election at which the question is to appear on
the ballot. If the board of elections operates and maintains a
web site, the board also shall post the advertisement on its web
site for thirty days prior to that election. If a majority of the
electors voting on the question of levying such tax vote in favor of the levy,
the joint vocational or cooperative education school district board of
education shall annually make the levy within the district at the rate
specified in the resolution and ballot or at any lesser rate, and the county
auditor of each affected county shall annually place the levy on the tax list
and duplicate of each school district in the county having territory in the
joint vocational or cooperative education school district. The taxes realized
from the levy shall be collected at the same time and in the same manner as
other taxes on the duplicate, and the taxes, when collected, shall be paid to
the treasurer of the joint vocational or cooperative education school district
and deposited to a special fund, which shall be established by the joint
vocational or cooperative education school district board of education for all
revenue derived from any tax levied pursuant to this section and for the
proceeds of anticipation notes which shall be deposited in such fund. After the
approval of the levy, the joint vocational or cooperative education school
district board of education may anticipate a fraction of the proceeds of the
levy and from time to time, during the life of the levy, but in any year prior
to the time when the tax collection from the levy so anticipated can be made
for that year, issue anticipation notes in an amount not exceeding fifty per
cent of the estimated proceeds of the levy to be collected in each year up to a
period of five years after the date of the issuance of the notes, less an
amount equal to the proceeds of the levy obligated for each year by the
issuance of anticipation notes, provided that the total amount maturing in any
one year shall not exceed fifty per cent of the anticipated proceeds of the
levy for that year. Each issue of notes shall be sold as provided in Chapter
133. of the Revised Code, and shall, except for such limitation that the total
amount of such notes maturing in any one year shall not exceed fifty per cent
of the anticipated proceeds of the levy for that year, mature serially in
substantially equal installments, during each year over a period not to exceed
five years after their issuance.
|
| (B) |
Prior to the application of section
319.301 of the Revised Code, the
rate of a levy that is limited to, or to the extent that it is apportioned to,
purposes other than current expenses shall be reduced in the same proportion in
which the district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from improvements
added to the tax list and duplicate. |
| (C) |
The form of ballot cast at an election under
division (A) of this section shall be as prescribed by section
5705.25 of the Revised
Code. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date:
07-01-1993; 05-02-2006; 2008 HB562 09-22-2008.
The board of education of the joint vocational school district
shall be authorized to charge and collect tuition for the attendance of pupils
who are school residents of districts not a part of the joint vocational school
district pursuant to arrangements made between the board of education of such
district and the joint vocational school district board of education. The board
of education of the joint vocational school district may accept gifts, grants,
federal funds, tuition, and other allocations of funds for the purposes of
erecting, repairing, and equipping buildings and for the cost of operation of
the vocational schools of such district.
Effective Date:
10-26-1961.
The board of education of a school district which is a part of
a joint vocational school district and the board of education of such joint
vocational school district may enter into agreements to permit the school
buildings of the district first noted to be used for the purposes of carrying
on a vocational school program. Such use may be either free of cost or pursuant
to such rental arrangements as may be stipulated in such agreements.
Effective Date:
10-26-1961.
| (A) |
With the approval of the board of education of a
joint vocational school district that is in
existence, any school district in the county or counties comprising the joint
vocational school district or any school district in a county adjacent to a
county comprising part of a joint vocational school district may become a part
of the joint vocational school district. On the adoption of a resolution of
approval by the board of education of the joint vocational school district, it
shall advertise a copy of such resolution in a newspaper of general circulation
in the school district proposing to become a part of such joint vocational
school district once each week for two weeks, or as provided in section
7.16 of the
Revised Code, immediately following the date of the adoption of such
resolution. Such resolution shall not become effective until the later of the
sixty-first day after its adoption or until the board of elections certifies
the results of an election in favor of joining of the school district to the
joint vocational school district if such an election is held under division (B)
of this section. |
| (B) |
During the sixty-day period following the date of
the adoption of a resolution to join a school district to a joint vocational
school district under division (A) of this section, the electors of the school
district that proposes joining the joint vocational school district may
petition for a referendum vote on the resolution. The question whether to
approve or disapprove the resolution shall be submitted to the electors of such
school district if a number of qualified electors equal to twenty per cent of
the number of electors in the school district who voted for the office of
governor at the most recent general election for that office sign a petition
asking that the question of whether the resolution shall be disapproved be
submitted to the electors. The petition shall be filed with the board of
elections of the county in which the school district is located. If the school
district is located in more than one county, the petition shall be filed with
the board of elections of the county in which the majority of the territory of
the school district is located. The board shall certify the validity and
sufficiency of the signatures on the petition. The board of
elections shall immediately notify the board of education of the joint
vocational school district and the board of education of the school district
that proposes joining the joint vocational school district that the petition
has been filed. The effect of the
resolution shall be stayed until the board of elections certifies the validity
and sufficiency of the signatures on the petition. If the board of elections
determines that the petition does not contain a sufficient number of valid
signatures and sixty days have passed since the adoption of the resolution, the
resolution shall become effective. If the board of
elections certifies that the petition contains a sufficient number of valid
signatures, the board shall submit the question to the qualified electors of
the school district on the day of the next general or primary election held at
least ninety days after but no later than six months after the board of
elections certifies the validity and sufficiency of signatures on the petition.
If there is no general or primary election held at least ninety days after but
no later than six months after the board of elections certifies the validity
and sufficiency of signatures on the petition, the board shall submit the
question to the electors at a special election to be held on the next day
specified for special elections in division (D) of section
3501.01 of the Revised Code that
occurs at least ninety days after the board certifies the validity and
sufficiency of signatures on the petition. The election shall be conducted and
canvassed and the results shall be certified in the same manner as in regular
elections for the election of members of a board of education. If a majority of the
electors voting on the question disapprove the resolution, the resolution shall
not become effective.
|
| (C) |
If the resolution becomes effective, the board of
education of the joint vocational school district shall notify the county
auditor of the county in which the school district becoming a part of the joint
vocational school district is located, who shall thereupon have any outstanding
levy for building purposes, bond retirement, or current expenses in force in
the joint vocational school district spread over the territory of the school
district becoming a part of the joint vocational school district. On the
addition of a city or exempted village school district or an educational
service center to the joint vocational school district, pursuant to this
section, the board of education of such joint vocational school district shall
submit to the state board of education a proposal to enlarge the membership of
such board by the addition of one or more persons at least one of whom shall be
a member of the board of education or governing board of such additional school
district or educational service center, and the term of each such additional
member. On the addition of a local school district to the joint vocational
school district, pursuant to this section, the board of education of such joint
vocational school district may submit to the state board of education a
proposal to enlarge the membership of such board by the addition of one or more
persons who are members of the educational service center governing board of
such additional local school district. On approval by the state board of
education additional members shall be added to such joint vocational school
district board of education. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 09-28-1999
.
| (A) |
With the approval of the state board of education,
the boards of education of any two or more joint vocational school districts
may, by the adoption of identical resolutions by a majority of the members of
each such board, propose that one new joint vocational school district be
created by adding together all of the territory of each of the districts and
dissolving such districts. A copy of each resolution shall be filed with the
state board of education for its approval or disapproval. The resolutions shall
include a provision that the board of education of the new district shall be
composed of the members from the same boards of education that composed the
membership of the board of each of the districts to be dissolved, except that,
if an even number of districts are to be dissolved, one additional member shall
be added, who may be from any school district included in the territory of any
of the districts to be dissolved as designated in the resolutions. The members
of the new board shall have the same terms of office as they had under the
respective plans of the districts adopting the resolutions, except that, if the
new board has an additional member, the additional
member shall have a term as specified in the resolutions. If the state board
approves the resolutions, the board of education of each district to be
dissolved shall advertise a copy of the resolution in a newspaper of general
circulation in its district once each week for two weeks, or as provided in section
7.16 of the
Revised Code, immediately following the date the resolutions are approved
by the state board. The resolutions shall become effective on the first day of
July next succeeding the sixtieth day following approval by the state board
unless prior to the expiration of such sixty-day period, qualified electors
residing in one of the districts to be dissolved equal in number to a majority
of the qualified electors of that district voting at the last general election
file with the state board a petition of remonstrance against creation of the
proposed new district.
|
| (B) |
When a resolution becomes effective under division
(A) of this section, each district in which a resolution was adopted and the
board of each such district are dissolved. The territory of each dissolved
district becomes a part of the new joint vocational school district. The net
indebtedness of each dissolved district shall be assumed in full by the new
district and the funds and property of each dissolved district shall become in
full the funds and property of the new district. All existing contracts of each
dissolved board shall be honored by the board of the new district until their
expiration dates. The board of the new district shall notify the county auditor
of each county in which each dissolved district was located that a resolution
has become effective and a new district has been created and shall certify to
each auditor any changes that might be required in the tax rate as a result of
the creation of the new district. |
| (C) |
As used in this section, "net indebtedness" means
the difference between the par value of the outstanding and unpaid bonds and
notes of the school district and the amount held in the sinking fund and other
indebtedness retirement funds for their redemption. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 10-02-1989
.
Facilities of the joint vocational school districts may be used
for post-high school training, technical training, and re-training programs of
vocational education. A joint vocational school district operating a vocational
school may construct, maintain, and operate facilities other than those used
for vocational training to be used solely for post-high school training,
technical training, re-training programs of vocational education, dormitories,
and other facilities for the use of any student.
Effective Date:
12-01-1967.
All joint vocational school district funds shall be kept in
depositories selected pursuant to sections
135.01 to
135.21 of the Revised Code. The
treasurer of the joint vocational school district shall be the custodian of
such funds. Such funds shall be disbursed only pursuant to warrant signed by
such treasurer and a person so authorized by the board of education of the
joint vocational school district, and pursuant to order of such board approving
such expenditure. No contract of such board of education involving the
expenditure of money shall become effective until the fiscal officer of the
joint vocational school district certifies there are funds in the treasury and
otherwise unappropriated sufficient to provide therefor.
Effective Date:
05-16-1979.
Upon approval by a majority of the full membership of the board
of education of a joint vocational school district, or upon the receipt of
resolutions formally adopted by a majority of the boards of education of the
school districts participating in the joint vocational school district, the
board of education of the joint vocational school district shall adopt and send
to the state board of education a resolution requesting the dissolution of the
joint vocational school district. Such resolution shall state the reasons for
the proposed dissolution of the joint vocational school district, shall set
forth a plan for the equitable adjustment, division, and disposition of the
assets, property, debts, and obligations of the joint vocational school
district, and shall provide that the tax duplicate of each participating school
district shall be bound for and assume its share of the outstanding
indebtedness of the joint vocational school district. Upon approval of the
resolution by the state board of education, the joint vocational school
district shall be dissolved in accordance with the provisions of the
resolution.
Effective Date:
10-07-1963.
The board of education of a joint vocational school district
may enter into a written agreement with the board of trustees of any technical
college district, the boundaries of which are coterminous with such joint
vocational school district, which agreement may provide for the sharing of use
of any physical facility or equipment owned or used by either district. Such
agreement may further provide that the joint vocational school district may
contribute a portion of its funds for current operating expenses, regardless of
whether such funds are derived from a tax levy or otherwise, to the technical
college district to be expended by the technical college district for any
lawful purpose. The agreement shall require the approval by resolution of both
boards and shall be executed by the president and treasurer of both boards. A
copy of such agreement shall be filed with the board of regents and a copy
shall be filed with the state board of education.
Effective Date:
05-16-1979.
A governing board of
an educational service center may propose, by resolution adopted by majority
vote of its full membership, or qualified electors of the area affected equal
in number to at least fifty-five per cent of the qualified electors voting at
the last general election residing within that portion of a school district, or
districts proposed to be transferred may propose, by petition, the transfer of
a part or all of one or more local school districts to another local school
district or districts within the territory of the educational service center.
Such transfers may be made only to local school districts adjoining the school
district that is proposed to be transferred, unless the board of education of
the district proposed to be transferred has entered into an agreement pursuant
to section 3313.42 of the Revised Code, in which case such transfers may be
made to any local school district within the territory of the educational
service center.
When a governing board
of an educational service center adopts a resolution proposing a transfer of
school territory it shall forthwith file a copy of such resolution, together
with an accurate map of the territory described in the resolution, with the
board of education of each school district whose boundaries would be altered by
such proposal. A governing board of an educational service center proposing a
transfer of territory under the provisions of this section shall at its next
regular meeting that occurs not earlier than thirty days after the adoption by
the governing board of a resolution proposing such transfer, adopt a resolution
making the transfer effective at any time prior to the next succeeding first
day of July, unless, prior to the expiration of such thirty-day period,
qualified electors residing in the area proposed to be transferred, equal in
number to a majority of the qualified electors voting at the last general
election, file a petition of referendum against such transfer.
Any petition of
transfer or petition of referendum filed under the provisions of this section
shall be filed at the office of the educational service center superintendent.
The person presenting the petition shall be given a receipt containing thereon
the time of day, the date, and the purpose of the petition.
The educational
service center superintendent shall cause the board of elections to check the
sufficiency of signatures on any petition of transfer or petition of referendum
filed under this section and, if found to be sufficient, the superintendent
shall present the petition to the educational service center governing board at
a meeting of the board which shall occur not later than thirty days following
the filing of the petition.
Upon presentation to
the educational service center governing board of a proposal to transfer
territory as requested by petition of fifty-five per cent of the qualified
electors voting at the last general election or a petition of referendum
against a proposal of the county board to transfer territory, the governing
board shall promptly certify the proposal to the board of elections for the
purpose of having the proposal placed on the ballot at the next general or
primary election which occurs not less than ninety days after the date of such
certification, or at a special election, the date of which shall be specified
in the certification, which date shall not be less than ninety days after the
date of such certification. Signatures on a petition of transfer or petition of
referendum may be withdrawn up to and including the above mentioned meeting of
the educational service center governing board only by order of the board upon
testimony of the petitioner concerned under oath before the board that the
petitioner's signature was obtained by fraud, duress, or
misrepresentation.
If a petition is filed
with the educational service center governing board which proposes the transfer
of a part or all of the territory included in a resolution of transfer
previously adopted by the educational service center governing board, no action
shall be taken on such petition if within the thirty-day period after the
adoption of the resolution of transfer a referendum petition is filed. After
the election, if the proposed transfer fails to receive a majority vote, action
on such petition shall then be processed under this section as though
originally filed under the provisions hereof. If no referendum petition is
filed within the thirty-day period after the adoption of the resolution of
transfer, no action shall be taken on such petition.
If a petition is filed
with the educational service center governing board which proposes the transfer
of a part or all of the territory included in a petition previously filed by
electors no action shall be taken on such new petition.
Upon certification of
a proposal to the board or boards of elections pursuant to this section, the
board or boards of elections shall make the necessary arrangements for the
submission of such question to the electors of the county or counties qualified
to vote thereon, and the election shall be conducted and canvassed and the
results shall be certified in the same manner as in regular elections for the
election of members of a board of education.
The persons qualified
to vote upon a proposal are the electors residing in the district or districts
containing territory that is proposed to be transferred. If the proposed
transfer be approved by at least a majority of the electors voting on the
proposal, the educational service center governing board shall make such
transfer at any time prior to the next succeeding first day of July. If the
proposed transfer is not approved by at least a majority of the electors voting
on the proposal, the question of transferring any property included in the
territory covered by the proposal shall not be submitted to electors at any
election prior to the first general election the date of which is at least two
years after the date of the original election, or the first primary election
held in an even-numbered year the date of which is at least two years after the
date of the original election. A transfer shall be subject to the approval of
the receiving board or boards of education, unless the proposal was initiated
by the educational service center governing board, in which case, if the
transfer is opposed by the board of education offered the territory, the local
board may, within thirty days, following the receipt of the notice of transfer,
appeal to the state board of education which shall then either approve or
disapprove the transfer.
Following an election
upon a proposed transfer initiated by a petition the board of education that is
offered territory shall, within thirty days following receipt of the proposal,
either accept or reject the transfer.
When an entire school
district is proposed to be transferred to two or more school districts and the
offer is rejected by any one of the receiving boards of education, none of the
territory included in the proposal shall be transferred.
Upon the acceptance of
territory by the receiving board or boards of education the educational service
center governing board offering the territory shall file with the county
auditor and with the state board of education an accurate map showing the
boundaries of the territory transferred.
Upon the making of
such transfer, the net indebtedness of the former district from which territory
was transferred shall be apportioned between the acquiring school district and
that portion of the former school district remaining after the transfer in the
ratio which the assessed valuation of the territory transferred to the
acquiring school district bears to the assessed valuation of the original
school district as of the effective date of the transfer. As used in this
section "net indebtedness" means the difference between the par value of the
outstanding and unpaid bonds and notes of the school district and the amount
held in the sinking fund and other indebtedness retirement funds for their
redemption.
Upon the making of any
transfer under this section, the funds of the district from which territory was
transferred shall be divided equitably by the educational service center
governing board between the acquiring district and any part of the original
district remaining after the transfer.
If an entire district
is transferred the board of education of such district is thereby abolished or
if a member of the board of education lives in that part of a school district
transferred the member becomes a nonresident of the school district from which
the territory was transferred and such member ceases to be a member of the
board of education of such district.
The legal title of all
property of the board of education in the territory transferred shall become
vested in the board of education of the school district to which such territory
is transferred.
Subsequent to June 30,
1959, if an entire district is transferred, foundation program moneys accruing
to a district accepting school territory under the provisions of this section
or former section 3311.22 of the Revised Code, shall not be less, in any year
during the next succeeding three years following the transfer, than the sum of
the amounts received by the districts separately in the year in which the
transfer was consummated.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 09-29-1995
.
| (A) |
As used in this section,
an "eligible school district transfer" means the transfer, not later than June
30, 2015, of the entire territory of a local school district that has fewer
than five hundred students to a contiguous local school district under section
3311.22 of the Revised Code that
results in the cancellation of the amount owed to the solvency assistance fund
by either or both districts under Section 7 of Am. Sub. H.B. 487 of the 130th
general assembly. |
| (B) |
Notwithstanding anything
to the contrary in the Revised Code, if a joint vocational school district
gains territory on or after January 1, 2015, due to an eligible school district
transfer, the joint vocational school district shall enter into a two-year
transition agreement with the joint vocational school district that lost the
territory gained by the other joint vocational school district due to the
transfer. This agreement shall require all of the following:
| (1) |
Each student of the local
school district that is transferred who is enrolled, at the time of the
transfer, in the joint vocational school district that lost territory due to
the transfer shall remain enrolled in that joint vocational school district for
the remainder of the student's secondary education, so long as the student is
enrolled in the local school district that received territory in the transfer
and continues to enroll in a career-technical program. |
| (2) |
In the first year
following the transfer, the joint vocational school district that gains
territory due to the transfer shall pay the joint vocational school district
that lost territory due to the transfer an amount equal to one hundred per cent
of the revenue collected from taxes levied under sections
3311.21 and
5705.21 of the Revised Code by
the joint vocational school district that gains territory for the transferred
portion of the district. |
| (3) |
In the second year
following the transfer, the joint vocational school district that gains
territory due to the transfer shall pay the joint vocational school district
that lost territory due to the transfer an amount equal to fifty per cent of
the revenue collected from taxes levied under sections
3311.21 and
5705.21 of the Revised Code by
the joint vocational school district that gains territory for the transferred
portion of the district. Any other terms mutually agreed upon by both joint
vocational school districts to ensure an orderly transition of territory that
maximizes opportunities for students shall also be included in the
agreement.
|
|
Added by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Effective Date:
01-01-1958.
A governing board of
an educational service center may propose, by resolution adopted by majority
vote of its full membership, or qualified electors of the area affected equal
in number to not less than fifty-five per cent of the qualified electors voting
at the last general election residing within that portion of a school district
proposed to be transferred may propose, by petition, the transfer of a part or
all of one or more local school districts within the territory of the center to
an adjoining educational service center or to an adjoining city or exempted
village school district.
A governing board of
an educational service center adopting a resolution proposing a transfer of
school territory under this section shall file a copy of such resolution
together with an accurate map of the territory described in the resolution,
with the board of education of each school district whose boundaries would be
altered by such proposal. Where a transfer of territory is proposed by a
governing board of an educational service center under this section, the
governing board shall, at its next regular meeting that occurs not earlier than
the thirtieth day after the adoption by the governing board of the resolution
proposing such transfer, adopt a resolution making the transfer as originally
proposed, effective at any time prior to the next succeeding first day of July,
unless, prior to the expiration of such thirty-day period, qualified electors
residing in the area proposed to be transferred, equal in number to a majority
of the qualified electors voting at the last general election, file a petition
of referendum against such transfer.
Any petition of
transfer or petition of referendum under the provisions of this section shall
be filed at the office of the educational service center superintendent. The
person presenting the petition shall be given a receipt containing thereon the
time of day, the date, and the purpose of the petition.
The educational
service center superintendent shall cause the board of elections to check the
sufficiency of signatures on any such petition, and, if found to be sufficient,
the superintendent shall present the petition to the educational service center
governing board at a meeting of said governing board which shall occur not
later than thirty days following the filing of said petition.
The educational
service center governing board shall promptly certify the proposal to the board
of elections of such counties in which school districts whose boundaries would
be altered by such proposal are located for the purpose of having the proposal
placed on the ballot at the next general or primary election which occurs not
less than ninety days after the date of such certification or at a special
election, the date of which shall be specified in the certification, which date
shall not be less than ninety days after the date of such certification.
Signatures on a
petition of transfer or petition of referendum may be withdrawn up to and
including the above mentioned meeting of the educational service center
governing board only by order of the governing board upon testimony of the
petitioner concerned under oath before the board that the petitioner's
signature was obtained by fraud, duress, or misrepresentation.
If a petition is filed
with the educational service center governing board which proposes the transfer
of a part or all of the territory included either in a petition previously
filed by electors or in a resolution of transfer previously adopted by the
educational service center governing board, no action shall be taken on such
new petition as long as the previously initiated proposal is pending before the
governing board or is subject to an election.
Upon certification of
a proposal to the board or boards of elections pursuant to this section, the
board or boards of elections shall make the necessary arrangements for the
submission of such question to the electors of the county or counties qualified
to vote thereon, and the election shall be conducted and canvassed and the
results shall be certified in the same manner as in regular elections for the
election of members of a board of education.
The persons qualified
to vote upon a proposal are the electors residing in the district or districts
containing territory that is proposed to be transferred. If the proposed
transfer is approved by at least a majority of the electors voting on the
proposal, the educational service center governing board shall make such
transfer at any time prior to the next succeeding first day of July, subject to
the approval of the receiving board of education in case of a transfer to a
city or exempted village school district, and subject to the approval of the
educational service center governing board of the receiving center, in case of
a transfer to an educational service center. If the proposed transfer is not
approved by at least a majority of the electors voting on the proposal, the
question of transferring any property included in the territory covered by the
proposal shall not be submitted to electors at any election prior to the first
general election the date of which is at least two years after the date of the
original election, or the first primary election held in an even-numbered year
the date of which is at least two years after the date of the original
election.
Where a territory is
transferred under this section to a city or exempted village school district,
the board of education of such district shall, and where territory is
transferred to an educational service center the governing board of such
educational service center shall, within thirty days following receipt of the
proposal, either accept or reject the transfer.
Where a governing
board of an educational service center adopts a resolution accepting territory
transferred to the educational service center under the provisions of sections
3311.231 and 3311.24 of the Revised Code, the governing board shall, at the
time of the adoption of the resolution accepting the territory, designate the
school district to which the accepted territory shall be annexed.
When an entire school
district is proposed to be transferred to two or more adjoining school
districts and the offer is rejected by any one of the receiving boards of
education, none of the territory included in the proposal shall be
transferred.
Upon the acceptance of
territory by the receiving board or boards of education the educational service
center governing board offering the territory shall file with the county
auditor of each county affected by the transfer and with the state board of
education an accurate map showing the boundaries of the territory
transferred.
Upon the making of
such transfer, the net indebtedness of the former district from which territory
was transferred shall be apportioned between the acquiring school district and
the portion of the former school district remaining after the transfer in the
ratio which the assessed valuation of the territory transferred to the
acquiring school district bears to the assessed valuation of the original
school district as of the effective date of the transfer. As used in this
section "net indebtedness" means the difference between the par value of the
outstanding and unpaid bonds and notes of the school district and the amount
held in the sinking fund and other indebtedness retirement funds for their
redemption.
Upon the making of any
transfer under this section, the funds of the district from which territory was
transferred shall be divided equitably by the educational service center
governing board, between the acquiring district and any part of the original
district remaining after the transfer.
If an entire district
is transferred the board of education of such district is thereby abolished or
if a member of the board of education lives in that part of a school district
transferred the member becomes a nonresident of the school district from which
the territory was transferred and such member ceases to be a member of the
board of education of such district.
The legal title of all
property of the board of education in the territory transferred shall become
vested in the board of education of the school district to which such territory
is transferred.
If an entire district
is transferred, foundation program moneys accruing to a district receiving
school territory under the provisions of this section shall not be less, in any
year during the next succeeding three years following the transfer, than the
sum of the amounts received by the districts separately in the year in which
the transfer was consummated.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 09-29-1995
.
| (A) |
| (1) |
Except as provided in division (B) of this
section, the board of education of a city, exempted village, or local school
district shall file with the state board of education a proposal to transfer
territory from such district to an adjoining city, exempted village, or local
school district in any of the following circumstances:
| (a) |
The
district board deems the transfer advisable and, if the portion of the district
proposed to be transferred is five acres or more, the board has obtained
written consent to the transfer from seventy-five per cent of the owners of
parcels of real property on the tax duplicate within that portion of the
district; |
| (b) |
A petition,
signed by seventy-five per cent of the qualified electors residing within that
portion of a city, exempted village, or local school district proposed to be
transferred voting at the last general election, requests such a
transfer; |
| (c) |
If no
qualified electors reside in that portion of the district proposed to be
transferred, a petition, signed by seventy-five per cent of the owners of
parcels of real property on the tax duplicate within that portion of the
district, requests such a transfer. |
|
| (2) |
The board of education of the district in which such proposal originates shall
file such proposal, together with a map showing the boundaries of the territory
proposed to be transferred, with the state board of education prior to the
first day of April in any even-numbered year. The state board of education may,
if it is advisable, provide for a hearing in any suitable place in any of the
school districts affected by such proposed transfer of territory. The state
board of education or its representatives shall preside at any such
hearing. |
| (3) |
A board of education of a city, exempted village,
or local school district that receives a petition of transfer signed by
electors of the district under division (A)(1)(b) of this section shall cause
the board of elections to check the sufficiency of signatures on the petition.
A board of education of a city, exempted village, or local school district that
receives written consent or a petition of transfer signed by owners of parcels
of real property under division (A)(1)(a) or (c) of this section shall cause
the county auditor to check the sufficiency of signatures on the consent or
petition. |
| (4) |
Not later than the first day of September the
state board of education shall either approve or disapprove a proposed transfer
of territory filed with it as provided by this section and shall notify, in
writing, the boards of education of the districts affected by such proposed
transfer of territory of its decision. If the decision of the
state board of education is an approval of the proposed transfer of territory
then the board of education of the district in which the territory is located
shall, within thirty days after receiving the state board of education's
decision, adopt a resolution transferring the territory and shall forthwith
submit a copy of such resolution to the treasurer of the board of education of
the city, exempted village, or local school district to which the territory is
transferred. Such transfer shall not be complete however, until:
| (a) |
A
resolution accepting the transfer has been passed by a majority vote of the
full membership of the board of education of the city, exempted village, or
local school district to which the territory is transferred; |
| (b) |
Subject to section
3311.241 of the Revised Code, if applicable, an equitable division of the
funds and indebtedness between the districts involved has been made by the
board of education making the transfer; |
| (c) |
A
map showing the boundaries of the territory transferred has been filed, by the
board of education accepting the transfer, with the county auditor of each
county affected by the transfer. When such transfer is
complete the legal title of the school property in the territory transferred
shall be vested in the board of education or governing board of the school
district to which the territory is transferred.
|
|
|
| (B) |
Whenever the transfer of territory pursuant to
this section is initiated by a board of education, the board shall, before
filing a proposal for transfer with the state board of education under this
section, make a good faith effort to negotiate the terms of transfer with any
other school district whose territory would be affected by the transfer. Before
the state board may hold a hearing on the transfer, or approve or disapprove
any such transfer, it must receive the following:
| (1) |
A
resolution requesting approval of the transfer passed by the school district
submitting the proposal and, if applicable, evidence of the consent of affected
property owners to the transfer; |
| (2) |
Evidence determined to be sufficient by the state board to show that good faith
negotiations have taken place or that the district requesting the transfer has
made a good faith effort to hold such negotiations; |
| (3) |
If
any negotiations took place, a statement signed by all boards that participated
in the negotiations, listing the terms agreed on and the points on which no
agreement could be reached. Negotiations held
pursuant to this section shall be governed by the rules adopted by the state
board under division (D) of section 3311.06 of the Revised Code. Districts
involved in a transfer under division (B) of this section may agree to share
revenues from the property included in the territory to be transferred,
establish cooperative programs between the participating districts, and
establish mechanisms for the settlement of any future boundary
disputes.
|
|
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Effective Date:
09-26-2003; 2007 HB119 09-29-2007; 2008 HB562 09-22-2008.
| (A) |
In the case of a
voluntary transfer of the territory of a school district in accordance with
section 3311.38 or division (A)(1)(a) of section 3311.24 of the Revised Code,
and where the transfer is initiated under either of those sections not
later than December 31, 2015, and results in the complete consolidation and
dissolution of the transferring district, the net indebtedness owed to the
solvency assistance fund created under section 3316.20 of the Revised Code by
the transferring district shall be canceled, provided that all of the following
conditions are satisfied:
| (1) |
The amount owed by the transferring district to the
solvency assistance fund is greater than or equal to thirty-three per cent of
the transferring school district's operating budget for the current fiscal
year, but does not exceed ten million dollars. |
| (2) |
The transferring district has remained in a state of fiscal
emergency pursuant to section 3316.03 of the Revised Code during the previous
two fiscal years. |
| (3) |
The acquiring district is in the same county or in a county
contiguous to the county in which the transferring district is
located. |
| (4) |
The acquiring district has voluntarily accepted the
transfer. |
| (5) |
The acquiring district has submitted to the state board of
education a five-year written projection of solvency which takes into account
the fiscal effects of acquiring the transferring
district. |
|
| (B) |
If the conditions in division (A) of this section are
satisfied, the acquiring district shall acquire the transferring district's
territory free and clear of any amount owed by the transferring district to the
solvency assistance fund. However, the acquiring district shall assume the
obligations of all other liens, encumbrances, and debts of the transferring
district. |
| (C) |
Upon the making of a
transfer pursuant to this section, the board of education of the transferring
district is thereby abolished, and the district is thereby dissolved. |
| (D) |
The director of budget
and management may transfer any available moneys from the general revenue fund,
appropriated for operating payments to schools, into the solvency assistance
fund to replace the amount owed by a transferring school district forgone under
division (A) of this section. |
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
| (A) |
As used in this section:
| (1) |
"Eligible township" means a township that contains the
territory of two or more school districts. |
| (2) |
"Qualified electors" means electors residing within
the territory proposed to be transferred. |
|
| (B) |
The board of education of a school district with
territory in an eligible township shall promptly do both of the following
regarding a proposal to transfer territory from the district to another school
district to which the territory is adjoining if a petition that is certified
under division (C) of this section requests such a transfer:
| (1) |
File the proposal, together with a map showing the
boundaries of the territory to be transferred, with the state board of
education; |
| (2) |
Certify the proposal to the board of elections of the
county in which the eligible township is located for the purposes of having the
proposal placed on the ballot at the next general or primary election which
occurs not less than ninety days after the date of the certification or at a
special election, the date of which shall be specified in the certification,
which date shall not be less than ninety days after the date of the
certification. |
|
| (C) |
Upon receiving a petition of transfer signed by at
least ten per cent of qualified electors voting at the last general election,
the board of education shall cause the board of elections to check the
sufficiency of signatures on the petition. If the board of elections determines
the petition has been signed by at least ten per cent of qualified electors
voting at the last general election, the board of elections shall certify the
petition to the board of education for the purposes of division (B) of this
section. |
| (D) |
Upon certification of a proposal under division (B)(2)
of this section, the board of elections shall make the necessary arrangements
for the submission of the question whether to approve the transfer to the
qualified electors to vote thereon, and the election shall be conducted and
canvassed and the results shall be certified in the same manner as in regular
elections for the election of members of a district board of
education. |
| (E) |
If the proposal submitted to qualified electors under
division (D) of this section is approved by at least a majority of the electors
voting on the proposal, both of the following shall apply:
| (1) |
The board of education of the district from which the
territory is being transferred shall notify the state board of education of the
results of the vote. |
| (2) |
The board of trustees of the eligible township shall
enter into negotiations with the board of education of the district to which
the territory is being transferred regarding the terms of the proposal to
transfer the territory. |
|
| (F) |
If the board of trustees of the eligible township and
the board of education to which the territory is being transferred enter into a
formal agreement based on negotiations under division (E)(2) of this section,
the board of education shall file the proposal and a copy of the formal
agreement with the state board. However, the district board of education shall
not be required to enter into a formal agreement. |
| (G) |
The state board shall approve any proposal submitted
under division (F) of this section and thereafter provide written notification
of the approval to the board of education of the district from which the
territory is being transferred and the board of education to which the
territory is being transferred. |
| (H) |
Upon receipt of the written notification from the
state board under division (G) of this section, the board of education of the
district to which the territory is being transferred shall file a map showing
the boundaries of the territory transferred with the county auditor of the
county in which the eligible township is located. In addition, the two district
boards and the township board of trustees shall execute an equitable division
of the funds and indebtedness between the districts. Thereafter, the transfer
shall be complete and the legal title of the school property in the territory
transferred shall be vested in the board of education of the district to which
the territory is transferred. |
Repealed by
133rd General Assembly File No. TBD, SB 89, §6,
eff. 9/1/2021.
Added by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
| (A) |
Notwithstanding any other provision of this
chapter, two or more city, local, or exempted village school districts whose
territory is primarily located within the same county may be merged as provided
in this section, if the county has a population of less than one hundred
thousand, as determined by the most recent federal decennial census. |
| (B) |
A
petition may be filed with the board of elections proposing that two or more
school districts whose territory is primarily located within a county meeting
the qualifications of division (A) of this section form a commission to study
the proposed merger of the school districts. The petition may be presented in
separate petition papers. Each petition paper shall contain, in concise
language, the purpose of the petition and the names of five electors of each
school district proposed to be merged to serve as commissioners on the merger
study commission. The petition shall be governed by the rules of section
3501.38 of the Revised Code. A petition filed under this
section shall contain signatures of electors of each school district proposed
to be merged, numbering not less than ten per cent of the number of electors
residing in that district who voted for the office of governor at the most
recent general election for that office. The petition shall be filed with the
board of elections of the county described by division (A) of this section. The
board of elections of the county in which the petition is required to be filed
shall ascertain the validity of all signatures on the petition and may require
the assistance of boards of elections of other counties if any of the school
districts proposed to be merged are located partially in a county other than
the one in which the petition is required to be filed.
|
| (C) |
| (1) |
If the board of elections of the county
in which the petition is required to be filed determines that the petition is
sufficient, the board shall submit the following question for the approval or
rejection of the electors of each school district proposed to be merged at the
next general election occurring at least ninety
days after the date the petition is filed: "Shall a commission be established
to study the proposed merger of any or all of the school districts in this
county and, if a merger is considered desirable, to draw up a statement of
conditions for that proposed merger?" The ballot shall include, for each of the
school districts proposed to be merged, the names of the five electors
identified in the petition, who shall constitute the commissioners on behalf of
that district. |
| (2) |
If any of the school districts for which merger is
proposed are located partially in a county other than the one in which the
petition is required to be filed, the board of elections of the county in which
the petition is required to be filed shall, if the petition is found to be
sufficient, certify the sufficiency of that petition and the statement of the
issue to be voted on to the boards of elections of those other counties. The
boards of those other counties shall submit the question of merging and the
names of candidates to be elected to the commission for the approval or
rejection of electors in the portions of the school districts proposed to be
merged that are located within their respective counties. Upon the holding of
the election, those boards shall certify the results to the board of elections
of the county in which the petition is required to be filed. |
|
| (D) |
A petition shall not be deemed insufficient for
all school districts proposed to be merged if it contains the signatures of
less than ten per cent of the electors who voted for the office of governor at
the most recent general election for that office in a particular school
district. If the petition contains a sufficient number of signatures and is
otherwise determined by the board of elections to be sufficient for at least
two school districts proposed to be merged, the board shall submit the question
of the proposed merger for the approval or rejection of voters under division
(C) of this section in each of the districts for which the petition was
determined to be sufficient. The board shall not submit the question of the
proposed merger for the approval or rejection of voters under division (C) of
this section for any school district for which a petition contains an
insufficient number of signatures or for which the board otherwise determines
the petition to be insufficient. |
| (E) |
| (1) |
If the question of forming a merger
study commission as provided in division (C) of this section is approved by a
majority of those voting on it in at least two school districts, the commission
shall be established and the five candidates from each school district in which
the question was approved shall be elected to the commission to study the
proposed merger and to formulate any conditions of any proposed merger if a
merger is considered desirable after study by the commission. Any school
district that disapproved of the question of forming a merger study commission
by a majority of those voting on it shall not be included in, and its proposed
candidates shall not be elected to, the commission. |
| (2) |
The
first meeting of the commission shall be held in the regular meeting place of
the board of county commissioners of the county in which the petition is
required to be filed, at nine a.m. on the tenth day after the certification of
the election by the last of the respective boards of elections to make such
certification, unless that day is a Saturday, Sunday, or a holiday, in which
case the first meeting shall be held on the next day thereafter that is not a
Saturday, Sunday, or holiday. The president of the school board of the school
district with the largest population of the districts that approved the
question of forming a merger study commission under division (C) of this
section shall serve as temporary chairperson until permanent officers are
elected. The commission shall immediately elect its own permanent officers and
shall proceed to meet as often as necessary to study the proposed merger,
determine whether a proposed merger is desirable, and formulate any conditions
for any proposed merger. All meetings of the commission shall be subject to the
requirements of section
121.22 of the Revised Code.
|
| (3) |
The conditions for a proposed merger may provide
for the election of school board members for the new school district and any
other conditions that a majority of the members of the commission from each
school district find necessary. The conditions for the proposed merger also may
provide that the merger, if approved, shall not become effective until the date
on which any required changes in state law necessary for the school district
merger to occur become effective. |
| (4) |
As
soon as the commission determines that a merger is not desirable or finalizes
the conditions for a proposed merger, the commission shall report this fact,
and the name of each school district proposed for merger in which the majority
of the district's commissioners have agreed to the conditions for merger, to
the board of elections of each of the counties in which the school districts
proposed for merger are located. The question shall be
submitted to the voters in each school district in which the majority of the
district's commissioners have agreed to the conditions for merger at the next
general election occurring after the commission is elected. The question shall
not be submitted to the voters in any school district in which a majority of
that district's commissioners have not agreed to the conditions for merger. The
board of elections shall not submit the conditions for merger to the voters in
any district if the conditions for merger include the merging of any district
in which the majority of that district's commissioners have not agreed to the
conditions for merger. The boards of elections
shall submit the conditions of proposed merger for the approval or rejection of
the electors in the portions of the school districts proposed to be merged
within their respective counties. Upon the holding of that election, the boards
of elections shall certify the results to the board of elections of the county
in which the petition is required to be filed. Regardless of whether the
commission succeeds in reaching agreement, the commission shall cease to exist
on the ninetieth day prior to the next general election after
the commission is elected.
|
|
| (F) |
If
the conditions of merger agreed upon by the merger commission are disapproved
by a majority of those voting on them in any school district proposed to be
merged, the merger shall not occur, unless the conditions of merger provide for
a merger to occur without the inclusion of that district and the conditions of
merger are otherwise met. No district in which the conditions of merger are
disapproved by a majority of those voting on them shall be included in any
merger resulting from that election. If the conditions of merger are approved
by a majority of those voting on them in each school district proposed to be
merged, or if the conditions of merger provide for a merger to occur without
the inclusion of one or more districts in which the conditions of merger are
disapproved by a majority of those voting on them, the merger shall be
effective on the date specified in the conditions of the merger, unless the
conditions of merger specify changes required to be made in state law for the
merger to occur, in which case the merger shall be effective on the date on
which those changes to state law become effective. |
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 06-28-2002
.
The state board of
education may, by resolution adopted by majority vote of its full membership,
propose the creation of a new local school district from one or more local
school districts or parts thereof, including the creation of a local district
with noncontiguous territory from one or more local school districts if one of
those districts has entered into an agreement under section
3313.42 of the Revised Code. Such
proposal shall include an accurate map showing the territory affected. After
the adoption of the resolution, the state board shall file a copy of such
proposal with the board of education of each school district whose boundaries
would be altered by such proposal.
Upon the creation of a new
district under this section, the state board shall at its next regular meeting
that occurs not earlier than thirty days after the adoption by the state board
of the resolution proposing such creation, adopt a resolution making the
creation effective prior to the next succeeding first day of July, unless,
prior to the expiration of such thirty-day period, qualified electors residing
in the area included in such proposed new district, equal in number to
thirty-five per cent of the qualified electors voting at the last general
election, file a petition of referendum against the creation of the proposed
new district.
A petition of referendum
filed under this section shall be filed at the office of the state
superintendent of public instruction. The person presenting the petition shall
be given a receipt containing thereon the time of day, the date, and the
purpose of the petition.
If a petition of referendum
is filed, the state board shall, at the next regular meeting of the state
board, certify the proposal to the board of elections for the purpose of having
the proposal placed on the ballot at the next general or primary election which
occurs not less than ninety days after the date of such certification, or
at a special election, the date of which shall be specified in the
certification, which date shall not be less than ninety
days after the date of such certification.
Upon certification of a
proposal to the board or boards of elections pursuant to this section, the
board or boards of elections shall make the necessary arrangements for the
submission of such question to the electors of the county or counties qualified
to vote thereon, and the election shall be conducted and canvassed and the
results shall be certified in the same manner as in regular elections for the
election of members of a board of education.
The persons qualified to
vote upon a proposal are the electors residing in the proposed new districts.
If the proposed district be
approved by at least a majority of the electors voting on the proposal, the
state board shall then create such new district prior to the next succeeding
first day of July.
Upon the creation of such
district, the indebtedness of each former district becoming in its entirety a
part of the new district shall be assumed in full by the new district. Upon the
creation of such district, that part of the net indebtedness of each former
district becoming only in part a part of the new district shall be assumed by
the new district which bears the same ratio to the entire net indebtedness of
the former district as the assessed valuation of the part taken by the new
district bears to the entire assessed valuation of the former district as fixed
on the effective date of transfer. As used in this section, "net indebtedness"
means the difference between the par value of the outstanding and unpaid bonds
and notes of the school district and the amount held in the sinking fund and
other indebtedness retirement funds for their redemption. Upon the creation of
such district, the funds of each former district becoming in its entirety a
part of the new district shall be paid over in full to the new district. Upon
the creation of such district, the funds of each former district becoming only
in part a part of the new district shall be divided equitably by the state
board between the new district and that part of the former district not
included in the new district as such funds existed on the effective date of the
creation of the new district.
The state board shall,
following the election, file with the county auditor of each county affected by
the creation of a new district an accurate map showing the boundaries of such
newly created district.
When a new local school
district is so created, a board of education for such newly created district
shall be appointed by the state board. The members of such appointed board of
education shall hold their office until their successors are elected and
qualified. A board of education shall be elected for such newly created
district at the next general election held in an odd numbered year occurring
more than ninety days after the appointment of the board of
education of such newly created district. At such election two members shall be
elected for a term of two years and three members shall be elected for a term
of four years, and, thereafter, their successors shall be elected in the same
manner and for the same terms as members of the board of education of a local
school district.
When the new district
consists of territory lying in two or more counties, the state board shall
determine to which educational service center the new district shall be
assigned.
The legal title of all
property of the board of education in the territory taken shall become vested
in the board of education of the newly created school district.
Foundation program moneys
accruing to a district created under the provisions of this section or previous
section 3311.26 of the Revised Code, shall not be less, in any year during the
next succeeding three years following the creation, than the sum of the amounts
received by the districts separately in the year in which the creation of the
district became effective.
If, prior to
September 26, 2003, a local school district board of
education or a group of individuals requests the governing board of an
educational service center to consider proposing the creation of a new local
school district, the governing board, at any time during the one-year period
following the date that request is made, may adopt a resolution proposing the
creation of a new local school district in response to that request and in
accordance with the first paragraph of the version of this section in effect
prior to September 26, 2003. If the
governing board so proposes within that one-year period, the governing board
may proceed to create the new local school district as it proposed, in
accordance with the version of this section in effect prior to
September 26, 2003, subject to the provisions of that
version authorizing a petition and referendum on the matter.
Consolidations of school
districts which include all of the schools of a county and which become
effective on or after July 1, 1959, shall be governed and included under this
section.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 09-26-2003
.
Effective Date:
09-29-1995.
The board of education of a surviving school district, as
that term is defined in section 5748.10 of the Revised Code, shall notify the
tax commissioner as and in the manner required by that section.
Added by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Effective Date:
09-30-1975.
| (A) |
Except as provided under division (B)
, (C), or (D) of this section, no school district shall be
created and no school district shall exist which does not maintain within such
district public schools consisting of grades kindergarten through twelve and
any such existing school district not maintaining such schools shall be
dissolved and its territory joined with another school district or districts by
order of the state board of education if no agreement is made among the
surrounding districts voluntarily, which order shall provide an equitable
division of the funds, property, and indebtedness of the dissolved school
district among the districts receiving its territory. The state board of
education may authorize exceptions to school districts where topography,
sparsity of population, and other factors make compliance impracticable. The superintendent of
public instruction is without authority to distribute funds under Chapter 3317.
of the Revised Code to any school district that does not maintain schools with
grades kindergarten through twelve and to which no exception has been granted
by the state board of education.
|
| (B) |
Division (A) of this section does not apply to any joint vocational school
district or any cooperative education school district established pursuant to
divisions (A) to (C) of section
3311.52 of the Revised
Code. |
| (C) |
| (1) |
| (a) |
Except as provided in division (C)(3) of this
section, division (A) of this section does not apply to any cooperative
education school district established pursuant to section
3311.521 of the Revised Code nor
to the city, exempted village, or local school districts that have territory
within such a cooperative education district. |
| (b) |
The
cooperative district and each city, exempted village, or local district with
territory within the cooperative district shall maintain the grades that the
resolution adopted or amended pursuant to section
3311.521 of the Revised Code
specifies. |
|
| (2) |
Any cooperative education school district
described under division (C)(1) of this section that fails to maintain the
grades it is specified to operate shall be dissolved by order of the state
board of education unless prior to such an order the cooperative district is
dissolved pursuant to section
3311.54 of the Revised Code. Any
such order shall provide for the equitable adjustment, division, and
disposition of the assets, property, debts, and obligations of the district
among each city, local, and exempted village school district whose territory is
in the cooperative district and shall provide that the tax duplicate of each
city, local, and exempted village school district whose territory is in the
cooperative district shall be bound for and assume its share of the outstanding
indebtedness of the cooperative district. |
| (3) |
If
any city, exempted village, or local school district described under division
(C)(1) of this section fails to maintain the grades it is specified to operate
the cooperative district within which it has territory shall be dissolved in
accordance with division (C)(2) of this section and upon that dissolution any
city, exempted village, or local district failing to maintain grades
kindergarten through twelve shall be subject to the provisions for dissolution
in division (A) of this section. |
|
| (D) |
Division (A) of this section does not apply to any
school district that is or has ever been subject to section
3302.10 of the Revised Code, as
it exists on and after the effective date of this amendment, and has had a
majority of its schools reconstituted or closed under that section. |
Amended by
131st General Assembly File No. TBD, HB 70, §1,
eff. 10/15/2015.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 07-01-1993
.
Effective Date:
01-01-1958.
After June 1, 1954 no exempted village school districts shall
be created under section
3311.08 of the Revised Code.
Effective Date:
01-10-1961.
Effective Date:
01-10-1961.
Effective Date:
01-03-1956.
Effective Date:
01-01-1958.
The state board of
education may conduct studies where there is evidence of need for consolidation
of contiguous local, exempted village, or city school districts or parts of
such districts. The possibility of making improvements in school district
organization as well as the desires of the residents of the affected districts
shall be given consideration in such studies and in any recommendations growing
out of such studies.
After the adoption of
recommendations growing out of any such study, the state board may proceed as
follows:
Propose by resolution the
creation of a new school district which may consist of all or a part of the
territory of two or more contiguous local, exempted village, or city school
districts, or any combination of such districts.
The state board shall
thereupon file a copy of such proposal with the board of education of each
school district whose boundaries would be altered by the proposal and with the
governing board of any educational service center in which such school district
is located.
The state board may, not
less than thirty days following the adoption of the resolution proposing the
creation of a new school district certify the proposal to the board of
elections of the county or counties in which any of the territory of the
proposed district is located, for the purpose of having the proposal placed on
the ballot at the next general or primary election occurring not less than
ninety days after the certification of such
resolution.
If any proposal has been
previously initiated pursuant to section
3311.22,
3311.231, or
3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the state board, the
proposal of the state board shall not be placed on the ballot while the
previously initiated proposal is subject to an election.
Upon certification of a
proposal to the board of elections of any county pursuant to this section, the
board of elections of such county shall make the necessary arrangements for the
submission of such question to the electors of the county qualified to vote
thereon, and the election shall be counted and canvassed and the results shall
be certified in the same manner as in regular elections for the election of
members of a board of education.
The electors qualified to
vote upon a proposal are the electors residing in the local, exempted village,
or city school districts, or parts thereof included in the proposed new school
district. If a majority of those voting on the proposal vote in favor thereof,
the state board shall create the proposed school district prior to the next
succeeding July 1.
Upon the creation of such
district, the indebtedness of each former district becoming in its entirety a
part of the new district shall be assumed in full by the new district. Upon the
creation of such district, the net indebtedness of each original district of
which only a part is taken by the new district shall be apportioned between the
new district and the original district in the ratio which the assessed
valuation of the part taken by the new district bears to the assessed valuation
of the original district as of the effective date of the creation of the new
district. As used in this section "net indebtedness" means the difference
between the par value of the outstanding and unpaid bonds and notes of the
school district and the amount held in the sinking fund and other indebtedness
retirement funds for their redemption.
Upon the creation of such
district, the funds of each former district becoming in its entirety a part of
the new district shall be paid over in full to the new district. Upon the
creation of such district the funds of each former district of which only a
part is taken by the new district shall be apportioned equitably by the state
board between the new district and that part of the original district not
included in the new district as such funds existed on the effective date of the
creation of the new district.
When the new district
consists of territory lying in two or more counties, the state board shall
determine to which educational service center the new district shall be
assigned.
When a new local school
district is so created, the state board shall appoint five electors residing in
the district to be the members of the board of education of such district, and
such members shall hold office until their successors are elected and
qualified. A board of education of such district shall be elected by the
electors of the district at the next general election held in an odd numbered
year which occurs not less than one hundred
five days after the appointment of the initial members of the board. At
such election two members shall be elected for a term of two years and three
members shall be elected for a term of four years, and thereafter their
successors shall be elected in the same manner and for the same terms as
members of the board of education of a local school district.
When a new city school
district is created, the state board shall determine the number of members
which will comprise the board of education of the school district, which number
shall not conflict with the number set forth in section
3313.02 of the Revised Code. The
state board shall then appoint a like number of persons to be members of the
board of education of such district, and said members shall hold office until
their successors are elected and qualified. A board of education of such
district shall be elected by the electors of the district at the next general
election held in an odd numbered year which occurs not less than
one hundred
five days after the appointment of the initial members of the board. At
such election if the number of members of the board is even, one-half of the
number shall be elected for two years and one-half for four years. If the
number of members of the board is odd, one-half the number less one-half shall
be elected for two years and the remaining number shall be elected for four
years, and thereafter their successors shall be elected in the manner provided
in section
3313.08 of the Revised Code.
Foundation program moneys
accruing to a district created under this section shall not be less, in any
year during the next succeeding three years following the creation, than the
sum of the amounts received by the districts separately in the year in which
the creation of the district became effective.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 09-29-1995
.
The state board of
education may conduct, or may direct the superintendent of public instruction
to conduct, studies where there is evidence of need for transfer of local,
exempted village, or city school districts, or parts of any such districts, to
contiguous or noncontiguous local, exempted village, or city school districts.
Such studies shall include a study of the effect of any proposal upon any
portion of a school district remaining after such proposed transfer. The state
board, in conducting such studies and in making recommendations as a result
thereof, shall consider the possibility of improving school district
organization as well as the desires of the residents of the school districts
which would be affected.
| (A) |
After the adoption of recommendations growing out
of any such study, or upon receipt of a resolution adopted by majority vote of
the full membership of the board of any city, local, or exempted village school
district requesting that the entire district be transferred to another city,
local, or exempted village school district, the state board may propose by
resolution the transfer of territory, which may consist of part or all of the
territory of a local, exempted village, or city school district to a contiguous
local, exempted village, or city school district. The state board shall
thereupon file a copy of such proposal with the board of education of each
school district whose boundaries would be altered by the proposal and with the
governing board of any educational service center in which such school district
is located. The state board may, not
less than thirty days following the adoption of the resolution proposing the
transfer of territory, certify the proposal to the board of elections of the
county or counties in which any of the territory of the proposed district is
located, for the purpose of having the proposal placed on the ballot at the
next general election or at a primary election occurring not less than ninety
days after the adoption of such resolution. If any proposal has been
previously initiated pursuant to section 3311.22, 3311.231, or 3311.26 of the
Revised Code which affects any of the territory affected by the proposal of the
state board, the proposal of the state board shall not be placed on the ballot
while the previously initiated proposal is subject to an election. Upon certification of a
proposal to the board of elections of any county pursuant to this section, the
board of elections of such county shall make the necessary arrangements for the
submission of such question to the electors of the county qualified to vote
thereon, and the election shall be counted and canvassed and the results shall
be certified in the same manner as in regular elections for the election of
members of a board of education. The electors qualified to
vote upon a proposal are the electors residing in the local, exempted village,
or city school districts, containing territory proposed to be
transferred. If the proposed transfer
be approved by a majority of the electors voting on the proposal, the state
board, subject to the approval of the board of education of the district to
which the territory would be transferred, shall make such transfer prior to the
next succeeding July 1.
|
| (B) |
If
a study conducted in accordance with this section involves a school district
with less than four thousand dollars of assessed value for each pupil in the
total student count determined under section 3317.03 of the Revised Code, the
state board of education, with the approval of the educational service center
governing board, and upon recommendation by the state superintendent of public
instruction, may by resolution transfer all or any part of such a school
district to any city, exempted village, or local school district which has more
than twenty-five thousand pupils in average daily membership. Such resolution
of transfer shall be adopted only after the board of education of the receiving
school district has adopted a resolution approving the proposed transfer. For
the purposes of this division, the assessed value shall be as certified in
accordance with section 3317.021 of the Revised Code. |
| (C) |
Subject to
section 3311.241 of the Revised Code, if applicable, upon the making of a
transfer of an entire school district pursuant to this section, the
indebtedness of the district transferred shall be assumed in full by the
acquiring district and the funds of the district transferred shall be paid over
in full to the acquiring district. |
| (D) |
Upon the making of a transfer pursuant to this section, when only part of a
district is transferred, the net indebtedness of each original district of
which only a part is taken by the acquiring district shall be apportioned
between the acquiring district and the original district in the ratio which the
assessed valuation of the part taken by the acquiring district bears to the
assessed valuation of the original district as of the effective date of the
transfer. As used in this section "net indebtedness" means the difference
between the par value of the outstanding and unpaid bonds and notes of the
school district and the amount held in the sinking fund and other indebtedness
retirement funds for their redemption. |
| (E) |
Upon the making of a transfer pursuant to this section, when only part of a
district is transferred, the funds of the district from which territory was
transferred shall be divided equitably by the state board between the acquiring
district and that part of the former district remaining after the
transfer. |
| (F) |
If an entire school district is transferred, the
board of education of such district is thereby abolished. If part of a school
district is transferred, any member of the board of education who is a legal
resident of that part which is transferred shall thereby cease to be a member
of that board. If an entire school
district is transferred, foundation program moneys accruing to a district
accepting school territory under the provisions of this section shall not be
less, in any year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts separately in
the year in which the transfer became effective.
|
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date: 07-01-1998
.
Effective Date:
09-29-2005.
| (A) |
As used in
this section, "county school financing district" means a taxing district
consisting of the following territory:
| (1) |
The
territory that constitutes the educational service center on the date that the
governing board of that educational service center adopts a resolution under
division (B) of this section declaring that the territory of the educational
service center is a county school financing district, exclusive of any
territory subsequently withdrawn from the district under division (D) of this
section; |
| (2) |
Any
territory that has been added to the county school financing district under
this section. A county school financing
district may include the territory of a city, local, or exempted village school
district whose territory also is included in the territory of one or more other
county school financing districts.
|
|
| (B) |
The
governing board of any educational service center may, by resolution, declare
that the territory of the educational service center is a county school
financing district. The resolution shall state the purpose for which the county
school financing district is created, which may
be for any one or more of the following purposes:
| (1) |
To
levy taxes for the provision of special education by the school districts that
are a part of the district, including taxes for permanent improvements for
special education; |
| (2) |
To levy
taxes for the provision of specified educational programs and services by the
school districts that are a part of the district, as identified in the
resolution creating the district, including the levying of taxes for permanent
improvements for those programs and services. Services financed by
the levy may include school safety and security and mental health services,
including training and employment of or contracting for the services of safety
personnel, mental health personnel, social workers, and
counselors. |
| (3) |
To levy
taxes for permanent improvements of school districts that are a part of the
district. The governing board of
the educational service center that creates a county school financing district
shall serve as the taxing authority of the district and may use educational
service center governing board employees to perform any of the functions
necessary in the performance of its duties as a taxing authority. A county
school financing district shall not employ any personnel. With the approval of a
majority of the members of the board of education of each school district
within the territory of the county school financing district, the taxing
authority of the financing district may amend the resolution creating the
district to broaden or narrow the purposes for which it was created. A governing board of an
educational service center may create more than one county school financing
district. If a governing board of an educational service center creates more
than one such district, it shall clearly distinguish among the districts it
creates by including a designation of each district's purpose in the district's
name.
|
|
| (C) |
A
majority of the members of a board of education of a city, local, or exempted
village school district may adopt a resolution requesting that its territory be
joined with the territory of any county school financing district. Copies of
the resolution shall be filed with the state board of education and the taxing
authority of the county school financing district. Within sixty days of its
receipt of such a resolution, the county school financing district's taxing
authority shall vote on the question of whether to accept the school district's
territory as part of the county school financing district. If a majority of the
members of the taxing authority vote to accept the territory, the school
district's territory shall thereupon become a part of the county school
financing district unless the county school financing district has in effect a
tax imposed under section 5705.215 of the Revised Code. If the county school financing district has such a
tax in effect, the taxing authority shall certify a copy of its resolution
accepting the school district's territory to the school district's board of
education, which may then adopt a resolution, with the affirmative vote of a
majority of its members, proposing the submission to the electors of the
question of whether the district's territory shall become a part of the county
school financing district and subject to the taxes imposed by the financing
district. The resolution shall set forth the date on which the question shall
be submitted to the electors, which shall be at a special election held on a
date specified in the resolution, which shall not be earlier than ninety days
after the adoption and certification of the resolution. A copy of the
resolution shall immediately be certified to the board of elections of the
proper county, which shall make arrangements for the submission of the proposal
to the electors of the school district. The board of the joining district shall
publish notice of the election in a newspaper of general circulation in the
county once a week for two consecutive weeks, or as provided in section
7.16 of
the Revised Code, prior to the election. Additionally, if the board of
elections operates and maintains a web site, the board of elections shall post
notice of the election on its web site for thirty days prior to the election.
The question appearing on the ballot shall read: "Shall the territory
within.......... (name of the school district proposing to join the county
school financing district).......... be added to.......... (name)..........
county school financing district, and a property tax for the purposes
of......... (here insert purposes).......... at a rate of taxation not
exceeding..........(here insert the outstanding tax rate)...........be in
effect for..........(here insert the number of years the tax is to be in effect
or "a continuing period of time," as applicable)..........?" If the proposal is
approved by a majority of the electors voting on it, the joinder shall take
effect on the first day of July following the date of the election, and the
county board of elections shall notify the county auditor of each county in
which the school district joining its territory to the county school financing
district is located.
|
| (D) |
The
board of any city, local, or exempted village school district whose territory
is part of a county school financing district may withdraw its territory from
the county school financing district thirty days after submitting to the
governing board that is the taxing authority of the district and the state
board a resolution proclaiming such withdrawal, adopted by a majority vote of
its members, but any county school financing district tax levied in such
territory on the effective date of the withdrawal shall remain in effect in
such territory until such tax expires or is renewed. No board may adopt a
resolution withdrawing from a county school financing district that would take
effect during the forty-five days preceding the date of an election at which a
levy proposed under section
5705.215
of the Revised Code is to be voted upon. |
| (E) |
A
city, local, or exempted village school district does not lose its separate
identity or legal existence by reason of joining its territory to a county
school financing district under this section and an educational service center
does not lose its separate identity or legal existence by reason of creating a
county school financing district that accepts or loses territory under this
section. |
Amended by
132nd General Assembly File No. TBD, SB 226, §1,
eff. 3/30/2018.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date:
09-29-1995; 05-02-2006
Nothing in this section or sections
3311.50 and
5705.215 of the Revised Code shall
be construed to permit or require the education of children with disabilities
other than in the manner required by Chapter 3323. of the Revised Code. To the
maximum extent appropriate, children with disabilities shall be educated with
nondisabled children. The governing board that is taxing authority of a county
school financing district that levies a tax pursuant to section
5705.215 of the Revised Code may,
by resolution adopted by majority vote of its members, expend the proceeds of
such tax for the benefit of school districts with territory in the county
school financing district in accordance with this section and the resolution to
levy the tax.
| (A) |
In the case of a
district created for special education, as described in division (B)(1) of
section 3311.50 of the Revised Code, the
proceeds may be expended either:
| (1) |
To pay
for operating costs and permanent improvements necessary to implement and
maintain special education programs and related services in accordance with a
contract or agreement entered into under section
3313.92 or
3323.08 of the Revised Code;
|
| (2) |
To make grants or otherwise
distribute funds to boards of education with territory in the county school
financing district for special education programs and related services.
|
|
| (B) |
In the case of a
district created for the provision of specified educational programs and
services as described in division (B)(2) of section
3311.50 of the Revised Code, the
proceeds may be expended either:
| (1) |
To pay
for operating costs and permanent improvements necessary to implement and
maintain specified educational programs in accordance with a contract or
agreement entered into under section
3313.812,
3313.842, or division (A)(3) of
section 3313.90 of the Revised Code;
|
| (2) |
To make grants or otherwise
distribute funds for those programs to boards of education with territory in
the county school financing district. |
|
| (C) |
In the case of a district created for the making
of permanent improvements under division (B)(3) of section
3311.50 of the Revised Code, the
proceeds shall be expended either:
| (1) |
To pay
for the permanent improvements in accordance with a contract entered into under
section 3313.92 of the Revised Code;
|
| (2) |
To make grants or otherwise
distribute funds for those permanent improvements to boards of education with
territory in the county school financing district. |
|
Effective Date:
09-29-1995; 2007
HB119 09-29-2007
.
A cooperative
education school district may be established pursuant to divisions (A) to (C)
of this section or pursuant to section 3311.521 of the Revised Code.
| (A) |
A cooperative education school district may be established upon the adoption of
identical resolutions within a sixty-day period by a majority of the members of
the board of education of each city, local, and exempted village school
district that is within the territory of a county school financing district. A copy of each
resolution shall be filed with the governing board of the educational service
center which created the county school financing district. Upon the filing of
the last such resolution, the educational service center governing board shall
immediately notify each board of education filing such a resolution of the date
on which the last resolution was filed. Ten days after the
date on which the last resolution is filed with the educational service center
governing board or ten days after the last of any notices required under
division (C) of this section is received by the educational service center
governing board, whichever is later, the county school financing district shall
be dissolved and the new cooperative education school district and the board of
education of the cooperative education school district shall be
established. On the date that any
county school financing district is dissolved and a cooperative education
school district is established under this section, each of the following shall
apply:
| (1) |
The
territory of the dissolved district becomes the territory of the new
district. |
| (2) |
Any
outstanding tax levy in force in the dissolved district shall be spread over
the territory of the new district and shall remain in force in the new district
until the levy expires or is renewed. |
| (3) |
Any funds of the dissolved district shall be paid over in full to the new
district. |
| (4) |
Any net
indebtedness of the dissolved district shall be assumed in full by the new
district. As used in division (A)(4) of this section, "net indebtedness" means
the difference between the par value of the outstanding and unpaid bonds and
notes of the dissolved district and the amount held in the sinking fund and
other indebtedness retirement funds for their redemption. When a county school
financing district is dissolved and a cooperative education school district is
established under this section, the governing board of the educational service
center that created the dissolved district shall give written notice of this
fact to the county auditor and the board of elections of each county having any
territory in the new district.
|
|
| (B) |
The resolutions adopted under division (A) of this section shall include all of
the following provisions:
| (1) |
Provision
that the governing board of the educational service center which created the
county school financing district shall be the board of education of the
cooperative education school district, except that provision may be made for
the composition, selection, and terms of office of an alternative board of
education of the cooperative district, which board shall include at least one
member selected from or by the members of the board of education of each city,
local, and exempted village school district and at least one member selected
from or by the members of the educational service center governing board within
the territory of the cooperative district; |
| (2) |
Provision that the treasurer and superintendent of the educational service
center which created the county school financing district shall be the
treasurer and superintendent of the cooperative education school district,
except that provision may be made for the selection of a treasurer or
superintendent of the cooperative district other than the treasurer or
superintendent of the educational service center, which provision shall require
one of the following:
| (a) |
The
selection of one person as both the treasurer and superintendent of the
cooperative district, which provision may require such person to be the
treasurer or superintendent of any city, local, or exempted village school
district or educational service center within the territory of the cooperative
district; |
| (b) |
The
selection of one person as the treasurer and another person as the
superintendent of the cooperative district, which provision may require either
one or both such persons to be treasurers or superintendents of any city,
local, or exempted village school districts or educational service center
within the territory of the cooperative district. |
|
| (3) |
A statement of the educational program the board of education of the
cooperative education school district will conduct, including but not
necessarily limited to the type of educational program, the grade levels
proposed for inclusion in the program, the timetable for commencing operation
of the program, and the facilities proposed to be used or constructed to be
used by the program; |
| (4) |
A
statement of the annual amount, or the method for determining that amount, of
funds or services or facilities that each city, local, and exempted village
school district within the territory of the cooperative district is required to
pay to or provide for the use of the board of education of the cooperative
education school district; |
| (5) |
Provision for adopting amendments to the provisions of divisions (B)(2) to (4)
of this section. |
|
| (C) |
If the resolutions adopted under division (A) of this section provide for a
board of education of the cooperative education school district that is not the
governing board of the educational service center that created the county
school financing district, each board of education of each city, local, or
exempted village school district and the governing board of the educational
service center within the territory of the cooperative district shall, within
thirty days after the date on which the last resolution is filed with the
educational service center governing board under division (A) of this section,
select one or more members of the board of education of the cooperative
district as provided in the resolutions filed with the educational service
center governing board. Each such board shall immediately notify the
educational service center governing board of each such selection. |
| (D) |
Except for the powers and duties in this chapter and Chapters 124., 3317.,
3318., 3323., and 3331. of the Revised Code, a cooperative education school
district established pursuant to divisions (A) to (C) of this section or
pursuant to section 3311.521 of the Revised Code has all the powers of a city
school district and its board of education has all the powers and duties of a
board of education of a city school district with respect to the educational
program specified in the resolutions adopted under division (A) of this
section. All laws applicable to a city school district or the board of
education or the members of the board of education of a city school district,
except such laws in this chapter and Chapters 124., 3317., 3318., 3323., and
3331. of the Revised Code, are applicable to a cooperative education school
district and its board. The treasurer and
superintendent of a cooperative education school district shall have the same
respective duties and powers as a treasurer and superintendent of a city school
district, except for any powers and duties in this chapter and Chapters 124.,
3317., 3318., 3323., and 3331. of the Revised Code.
|
| (E) |
For purposes of this title, any student included in the formula ADM
calculated for any city, exempted village, or local
school district under section 3317.03 of the Revised Code by virtue of being
counted, in whole or in part, in the enrollment of a cooperative
education school district under division (A)(2)(f) of that section shall be
construed to be enrolled both in that city, exempted village, or local school
district and in that cooperative education school district. This division shall
not be construed to mean that any such individual student may be counted more
than once for purposes of determining the formula ADM of any one
school district. |
Amended by
130th General Assembly File No. 25, HB 59, §120.10, eff.
7/1/2014.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 07-01-1998
.
| (A) |
The boards
of education of any two or more contiguous city, exempted village, or local
school districts may establish a cooperative education school district in
accordance with this section for the purpose of operating a joint high school
in lieu of each of such boards operating any high school. Such a cooperative
education school district shall only be established pursuant to the adoption of
identical resolutions in accordance with this section within a sixty-day period
by a majority of the members of the board of education of all such boards. Upon
the adoption of all such resolutions, a copy of each resolution shall be filed
with the state board of education. The territory of any cooperative education
school district established pursuant to this section shall consist of the
territory of all of the school districts whose boards of education adopt
identical resolutions under this section. |
| (B) |
Any resolutions adopted under division (A) of this
section shall include all of the following:
| (1) |
Provision for the date on which the
cooperative district will be created, which date shall be the first day of July
in the year specified in the resolution; |
| (2) |
Provision for the composition, selection,
and terms of office of the board of education of the cooperative district,
which provision shall include but not necessarily be limited to both of the
following:
| (a) |
A requirement that the board
include at least two members selected from or by the members of the board of
education of each city, local, and exempted village school district within the
territory of the cooperative district; |
| (b) |
Specification of the date by which the
initial members of the board must be selected, which date shall be the same as
the date specified pursuant to division (B)(1) of this section.
|
|
| (3) |
Provision for the
selection of a superintendent and treasurer of the cooperative school district,
which provision shall require one of the following:
| (a) |
The selection of one person as both the
superintendent and treasurer of the cooperative district, which provision may
require such person to be the superintendent or treasurer of any city, local,
or exempted village school district within the territory of the cooperative
district; |
| (b) |
The selection of one
person as the superintendent and another person as the treasurer of the
cooperative district, which provision may require either one or both such
persons to be superintendents or treasurers of any city, local, or exempted
village school district within the territory of the cooperative district.
|
|
| (4) |
A statement of the
high school education program the board of education of the cooperative
education school district will conduct in lieu of any high school education
program being operated by the boards of education of the city, local, and
exempted village school districts within the territory of the cooperative
district, which statement shall include but not necessarily be limited to the
high school grade levels to be operated in the program, the timetable for
commencing operation of the program, and the facilities proposed to be used or
constructed to be used by the program; |
| (5) |
A statement that the boards of education
of the city, local, and exempted village school districts within the territory
of the cooperative district will not operate any high school education program
for the grade levels operated by the cooperative district; |
| (6) |
A statement of how special education and
related services will be provided in accordance with Chapter 3323. of the
Revised Code to the children with disabilities who are identified by each city,
exempted village, or local school district with territory in the cooperative
district and who are in the grade levels to be operated by the cooperative
district; |
| (7) |
A statement of how
transportation of students to and from school will be provided in the
cooperative district, which statement shall include but not be necessarily
limited to both of the following:
| (a) |
How
special education students will be transported as required by their
individualized education program adopted pursuant to section
3323.08 of the Revised Code;
|
| (b) |
Whether transportation to and
from school will be provided to any other students of the cooperative district
and, if so, the manner in which this transportation will be provided.
|
|
| (8) |
A statement of the
annual amount, or the method for determining the annual amount, of funds or
services or facilities that each city, local, and exempted village school
district is required to pay to or provide for the use of the board of education
of the cooperative education school district; |
| (9) |
Provision for adopting amendments to the
provisions adopted pursuant to divisions (B)(3) to (8) of this section, which
provision shall require that any such amendments comply with divisions (B)(3)
to (8) of this section. |
|
| (C) |
Upon the adoption of identical resolutions in
accordance with this section, the cooperative education school district and
board of education of that district specified in and selected in accordance
with such resolutions shall be established on the date specified in the
resolutions. Upon the establishment of the district and board, the board of the
cooperative district shall give written notice of the creation of the district
to the county auditor and the board of elections of each county having any
territory in the new district. |
Effective Date:
07-01-1993; 2007
HB119 09-29-2007
.
| (A) |
| (1) |
The board
of education of any city, local, or exempted village school district that
wishes to become part of a cooperative education school district established
pursuant to divisions (A) to (C) of section
3311.52 of the Revised Code may
adopt a resolution proposing to become a part of the cooperative education
school district. |
| (2) |
The board of education of any city, local, or
exempted village school district that is contiguous to a cooperative education
school district established pursuant to section
3311.521 of the Revised Code and
that wishes to become part of that cooperative district may adopt a resolution
proposing to become part of that cooperative district. |
|
| (B) |
If, after the adoption of a resolution in
accordance with division (A) of this section, the board of education of the
cooperative education school district named in that resolution also adopts a
resolution accepting the new district, the board of the district wishing to
become part of the cooperative district shall advertise a copy of the
cooperative district board's resolution in a newspaper of general circulation
in the school district proposing to become a part of the cooperative education
school district once each week for two weeks, or as provided in section
7.16 of the
Revised Code, immediately following the date of the adoption of the
resolution. The resolution shall become legally effective on the sixtieth day
after its adoption, unless prior to the
expiration of that sixty-day period qualified electors residing in the school
district proposed to become a part of the cooperative education school district
equal in number to a majority of the qualified electors voting at the last
general election file with the board of education a petition of remonstrance
against the transfer. If the resolution becomes legally effective, both of the
following shall apply:
| (1) |
The
resolution that established the cooperative education school district pursuant
to divisions (A) to (C) of section
3311.52 or section
3311.521 of the Revised Code shall
be amended to reflect the addition of the new district to the cooperative
district. |
| (2) |
The
board of education of the cooperative education school district shall give
written notice of this fact to the county auditor and the board of elections of
each county in which the school district becoming a part of the cooperative
education school district has territory. Any such county auditor shall
thereupon have any outstanding levy for building purposes, bond retirement, or
current expenses in force in the cooperative education school district spread
over the territory of the school district becoming a part of the cooperative
education school district. |
|
| (C) |
If the board of education of the cooperative
education school district is not the governing board of an educational service
center, the board of education of the cooperative education school district
shall, on the addition of a city, local, or exempted village school district to
the district pursuant to this section, submit to the state board of education a
proposal to enlarge the membership of the board. In the case of a cooperative
district established pursuant to divisions (A) to (C) of section
3311.52 of the Revised Code, the
proposal shall add one or more persons to the district's board, at least one of
whom shall be a member of or selected by the board of education of the
additional school district, and shall specify the term of each such additional
member. In the case of a cooperative district established pursuant to section
3311.521 of the Revised Code, the
proposal shall add two or more persons to the district's board, at least two of
whom shall be a member of or selected by the board of education of the
additional school district, and shall specify the term of each such additional
member. On approval by the state board of education, the additional members
shall be added to the cooperative education school district board of
education. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 09-29-1995
.
Upon approval by a majority of the full membership of the board
of education of a cooperative education school district, or upon the receipt of
resolutions formally adopted by a majority of the boards of education of the
city, local, and exempted village school districts whose territory is in the
cooperative education school district, the board of education of the
cooperative education school district shall adopt and send to the state board
of education a resolution requesting the dissolution of the cooperative
education school district. The resolution shall state the reasons for the
proposed dissolution, shall set forth a plan for the equitable adjustment,
division, and disposition of the assets, property, debts, and obligations of
the district among the city, local, and exempted village school districts whose
territory is in the district, and shall provide that the tax duplicate of each
city, local, and exempted village school district whose territory is in the
district shall be bound for and assume its share of the outstanding
indebtedness of the cooperative education school district. Upon approval of the
resolution by the state board of education, the cooperative education school
district shall be dissolved in accordance with the provisions of the
resolution. The state board of education shall immediately provide a copy of
any approved resolution to the county auditor and the board of elections of
each county that had any territory in the dissolved district. Each such county
auditor shall thereupon make in accordance with that resolution any changes
required in the tax duplicate of each city, local, and exempted village school
district whose territory was in the dissolved district.
Effective Date:
04-16-1993.
This section applies to any school district that has an average daily
membership, as reported under division (A) of section 3317.03 of the Revised
Code, greater than sixty thousand and of which the majority of the district's
territory is located in a city with a population greater than seven hundred
thousand according to the most recent federal decennial census.
| (A) |
Subject to approval by the electors under section
3311.61 of the Revised Code, the board of education of a school district to
which this section applies shall create the position of independent auditor to
be responsible for all internal auditing functions of the district. The
independent auditor shall be selected by the selection committee prescribed by
division (B) of this section. Upon selection of the independent auditor, the
district board shall execute a written contract of employment with the
independent auditor. The district board shall appropriate funds to support the
operations and functions of the independent auditor and shall grant the
independent auditor access to all district personnel, equipment, and records
necessary to perform the duties prescribed by divisions (C) and (D) of this
section. The term of office for the independent auditor shall be for five years
and may be renewed for additional terms by the selection committee. |
| (B) |
| (1) |
The independent auditor
selection committee shall consist of the mayor, council president, and auditor
of the city in which a majority of the territory of the district is located;
the president of the school district board of education; and the probate court
judge of the county in which a majority of the territory of the district is
located. Members of the selection committee shall serve without
compensation. |
| (2) |
The selection committee
shall do the following:
| (a) |
Establish qualifications
for the position of independent auditor; |
| (b) |
Select, by majority vote, an individual to serve as
the independent auditor; |
| (c) |
Recommend to the district board of education the
compensation for the position of independent auditor and the necessary
additional funds to finance operations and functions of the independent
auditor; |
| (d) |
Reappoint the independent
auditor for an additional term, by a majority vote of the selection committee
members; |
| (e) |
Appoint a successor, if
the current independent auditor is not reappointed, by a majority vote of the
committee members; |
| (f) |
In the event of a vacancy in the office of independent
auditor, appoint a successor to the balance of the unexpired term, by a
majority vote of the selection committee members; |
| (g) |
Remove the independent auditor from office, by a
two-thirds vote of the selection committee members. |
|
|
| (C) |
The independent auditor
shall do the following:
| (1) |
Recommend to the district
board of education the employment of personnel necessary to carry out the
activities of the independent auditor; |
| (2) |
Prescribe duties and qualifications for staff of the
independent auditor; |
| (3) |
Serve as the district's public records officer and
oversee the maintenance and availability of the school district's public
documents; |
| (4) |
Prior to certification by
the school district superintendent, review reports and data that must be
submitted to the department of education and the state board of
education; |
| (5) |
Receive any complaints of
alleged wrongful or illegal acts regarding the district's operations, finances,
and data reported under the education management information system prescribed
under section 3301.0714 of the Revised Code and supervise the internal
investigation of those complaints. At the independent auditor's discretion, the
independent auditor may initiate investigations. |
| (6) |
Report the results of investigations of such wrongful
or illegal acts, whether criminal in nature or otherwise, to the appropriate
authorities or agencies, including the school district board of education, the
city attorney of the city in which a majority of the territory of the district
is located, the prosecuting attorney of the county in which a majority of the
territory of the district is located, the auditor of state, the department of
education, and the Ohio ethics commission; |
| (7) |
Propose to the selection committee a budget to support
the independent auditor's operations and functions; |
| (8) |
Audit funds a partnering community school receives
from the district's partnering community schools fund established under section
5705.21 of the Revised Code; |
| (9) |
Submit, not later than the first day of September of
each year, a report on the activities of the independent auditor to the
selection committee, the board of education of the school district, and the
general assembly in accordance with section 101.68 of the Revised Code. The
report required under division (C)(8) of this section is a public record under
section 149.43 of the Revised Code. If sufficient funds are available, the independent auditor
may obtain the services of certified public accountants, qualified management
consultants, or other professional experts necessary to perform the duties
prescribed under divisions (C) and (D) of this section.
|
|
| (D) |
In cooperation with the
school district board of education and in coordination with the auditor of
state, the independent auditor may conduct or initiate financial and
performance audits and analyses of the school district to ensure the
following:
| (1) |
School district
activities and programs comply with all applicable laws and district policies,
procedures, and appropriations; |
| (2) |
Student performance and enrollment data are accurately
and clearly reported; |
| (3) |
Ballot requests to levy a tax are based on accurate
analysis and the needs of the district; |
| (4) |
Individual contracts of the district are consistent
with the policies, procedures, budgets, and financial plans adopted by the
district board; |
| (5) |
Incentive-based
distributions and plans are consistent with the objectives adopted by the
district board; |
| (6) |
District operations are
executed in a cost-effective and efficient manner consistent with the
objectives of and appropriations made by the district board; |
| (7) |
Accuracy of district financial statements and
reports; |
| (8) |
Recommendations for
improvement that have been adopted by the district board are implemented; |
| (9) |
Operating units or
departments have necessary and appropriate operating and administrative
policies, procedures, internal controls, and data quality protocols; |
| (10) |
Proper evaluation of
district programs and activities, including a full accounting of all
funds. |
|
Added by
130th General Assembly File No. 38, HB 167, §1,
eff. 7/15/2013.
| (A) |
The creation of the
position of independent auditor for any school district to which section
3311.60 of the Revised Code applies on the effective date of this section shall
be subject to an affirmative vote of the electors of the district. The question
of whether to create the position of independent auditor for such a school
district shall be submitted to the electors of the district at the general
election occurring at least ninety days after the effective date of this
section. The board of education of the school district shall notify the board
of elections of each county containing territory of the school district of the
election required by this section by such time that the question may be placed
on the ballot at that election. The following question shall be submitted to the electors
residing in the school district: "Shall the position of independent auditor of . . . . (here
insert name of the school district) school district be created in accordance
with section 3311.60 of the Revised Code and shall a selection committee
consisting of the mayor of the city of . . . . (here insert name of the
applicable city), president of the school district board of education, council
president of the city of . . . . (here insert name of the applicable city),
auditor of the city of . . . . (here insert name of the applicable city), and
probate court judge of the county of . . . . (here insert name of the
applicable county) select an individual to fill that position for an initial
term of five years, subject to reappointment or succession, with the
compensation for the independent auditor and the cost of the operations and
functions of the independent auditor to be paid by the school district?"
|
| (B) |
The board of elections of
the county in which the majority of the school district's territory is located
shall make all necessary arrangements for the submission of the question to the
electors, and the election shall be conducted, canvassed, and certified in the
same manner as regular elections in the district for the election of county
officers, provided that in any such election in which only part of the electors
of a precinct are qualified to vote, the board of elections may assign voters
in such part to an adjoining precinct. Such an assignment may be made to an
adjoining precinct in another county with the consent and approval of the board
of elections of such other county. Notice of the election shall be published in
a newspaper of general circulation in the school district once a week for two
consecutive weeks, or as provided in section 7.16 of the Revised Code, prior to
the election. If the board of elections operates and maintains a web site, the
board of elections shall post notice of the election on its web site for thirty
days prior to the election. The notice shall state the question on which the
election is being held. The ballot shall be in the form prescribed by the
secretary of state. Costs of submitting the question to the electors shall be
charged to the school district in accordance with section 3501.17 of the
Revised Code. |
| (C) |
If a majority of electors
voting on the issue proposed in division (A) of this section approve the
question, the selection committee prescribed by division (B) of section 3311.60
of the Revised Code and the district board of education shall forthwith
initiate proceedings to select an independent auditor so that the position is
filled not later than the thirty-first day of March of the calendar year
immediately following the general election at which the question was
approved. |
| (D) |
If a majority of electors
voting on the issue proposed in division (A) of this section disapprove the
question, no action shall be taken to create the position of independent
auditor. |
Added by
130th General Assembly File No. 38, HB 167, §1,
eff. 7/15/2013.
| (A) |
As used in this section and in sections
3311.72 to
3311.87 of the Revised Code:
| (1) |
"Municipal school district" means a school district that is or has ever been
under a federal court order requiring supervision and operational, fiscal, and
personnel management of the district by the state superintendent of public
instruction. |
| (2) |
"Mayor"
means the mayor of the municipal corporation containing the greatest portion of
a municipal school district's territory. |
|
| (B) |
Whenever any municipal school district is released by a federal court from an
order requiring supervision and operational, fiscal, and personnel management
of the district by the state superintendent, the management and control of that
district shall be assumed, effective immediately, by a new nine-member board of
education. Members of the new board shall be appointed by the mayor, who shall
also designate one member as the chairperson of the board. In addition to the
rights, authority, and duties conferred upon the chairperson by sections
3311.71 to 3311.87 of the Revised Code,
the chairperson shall have all the rights, authority, and duties conferred upon
the president of a board of education by the Revised Code that are not
inconsistent with sections 3311.71 to 3311.87 of the Revised
Code. |
| (C) |
No school board member shall be appointed by the
mayor pursuant to division (B) of this section until the mayor has received a
slate of at least eighteen candidates nominated by a municipal school district
nominating panel, at least three of whom reside in the municipal school
district but not in the municipal corporation containing the greatest portion
of the district's territory. The municipal school district nominating panel
shall be initially convened and chaired by the state superintendent of public
instruction, who shall serve as a nonvoting member for the first two years of
the panel's existence, and shall consist of eleven persons selected as follows:
| (1) |
Three parents or guardians of children attending the schools of the municipal
school district appointed by the district parent-teacher association, or
similar organization selected by the state superintendent; |
| (2) |
Three persons appointed by the mayor; |
| (3) |
One
person appointed by the president of the legislative body of the municipal
corporation containing the greatest portion of the municipal school district's
territory; |
| (4) |
One teacher
appointed by the collective bargaining representative of the school district's
teachers; |
| (5) |
One
principal appointed through a vote of the school district's principals, which
vote shall be conducted by the state superintendent; |
| (6) |
One
representative of the business community appointed by an organized collective
business entity selected by the mayor; |
| (7) |
One
president of a public or private institution of higher education located within
the municipal school district appointed by the state superintendent of public
instruction. The municipal school
district nominating panel shall select one of its members as its chairperson
commencing two years after the date of the first meeting of the panel, at which
time the state superintendent of public instruction shall no longer convene or
chair the panel. Thereafter, the panel shall meet as necessary to make
nominations at the call of the chairperson. All members of the panel shall
serve at the pleasure of the appointing authority. Vacancies on the panel shall
be filled in the same manner as the initial
appointments.
|
|
| (D) |
No
individual shall be appointed by the mayor pursuant to division (B) or (F) of
this section unless the individual has been nominated by the nominating panel,
resides in the school district, and holds no elected public office. At any
given time, four of the nine members appointed by the mayor to serve on the
board pursuant to either division (B) or (F) of this section shall have
displayed, prior to appointment, significant expertise in either the education
field, finance, or business management. At all times at least one member of the
board shall be an individual who resides in the municipal school district but
not in the municipal corporation containing the greatest portion of the
district's territory. |
| (E) |
The terms of office of all members appointed by
the mayor pursuant to division (B) of this section shall expire on the next
thirtieth day of June following the referendum election required by section
3311.73 of the Revised Code. The
mayor may, with the advice and consent of the nominating panel, remove any
member appointed pursuant to that division or division (F) of this section for
cause. |
| (F) |
If the voters of the district approve the
continuation of an appointed board at the referendum election required by
section 3311.73 of the Revised Code, the
mayor shall appoint the members of a new board from a slate prepared by the
nominating panel in the same manner as the initial board was appointed pursuant
to divisions (B), (C), and (D) of this section. Five of the members of the new
board shall be appointed to four-year terms and the other four shall be
appointed to two-year terms, each term beginning on the first day of July.
Thereafter, the mayor shall appoint members to four-year terms in the same
manner as described in divisions (B), (C), and (D) of this section. The minimum
number of individuals who shall be on the slate prepared by the nominating
panel for this purpose shall be at least twice the number of members to be
appointed, including at least two who reside in the municipal school district
but not in the municipal corporation containing the greatest portion of the
district's territory. |
| (G) |
In addition to the nine members appointed by the
mayor, the boards appointed pursuant to divisions (B) and (F) of this section
shall include the following nonvoting ex officio members:
| (1) |
If
the main campus of a state university specified in section
3345.011 of the Revised Code is
located within the municipal school district, the president of the university
or the president's designee; |
| (2) |
If
any community college has its main branch located within the district, the
president of the community college that has the largest main branch within the
district, or the president's designee. |
|
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
129th General AssemblyFile No.39, SB 171,
§1, eff.
6/30/2011.
Effective Date: 11-12-1997
.
This section does not
apply to any principal, assistant principal, or other administrator who is
employed to perform administrative functions primarily within one school
building.
| (A) |
On the effective date of the assumption of control
of a municipal school district by the new board of education pursuant to
division (B) of section
3311.71 of the Revised Code, the
treasurer, business manager, superintendent, assistant superintendents, and
other administrators of the school district shall submit their resignations to
the board. As used in this section, "other administrator" has the same meaning
as in section
3319.02 of the Revised
Code. |
| (B) |
Notwithstanding Chapter 3319. of the Revised Code:
| (1) |
Until thirty months after the date of the assumption of control of a municipal
school district by a board pursuant to division (B) of section
3311.71 of the Revised Code, the
mayor shall appoint the chief executive officer and fill any vacancies
occurring in that position. |
| (2) |
After the board appointed pursuant to division (B) of section
3311.71 of the Revised Code has
been in control of a municipal school district for thirty months, the mayor
shall appoint the chief executive officer and fill any vacancies occurring in
that position, with the concurrence of the board. |
| (3) |
After the first date of the assumption of control of a municipal school
district by a board pursuant to division (F) of section
3311.71 of the Revised Code, the
board shall appoint the chief executive officer and fill any vacancies
occurring in that position, with the concurrence of the mayor. |
| (4) |
An
individual appointed to the position of chief executive officer under division
(B)(1), (2), or (3) of this section shall have a contract with the school
district that includes such terms and conditions of employment as are agreeable
to the board and the appointee, except that each such contract shall contain a
provision stating that, unless the individual chooses to terminate the contract
at a prior time:
| (a) |
During the
first thirty months after the date of the assumption of control of the
municipal school district by the board pursuant to division (B) of section
3311.71 of the Revised Code, the
individual will serve at the pleasure of the mayor; |
| (b) |
Beginning thirty months after the date of assumption of control, the individual
will serve at the pleasure of the board, with the mayor's concurrence required
for removal. |
|
|
| (C) |
The chief executive officer shall appoint a chief financial officer, a chief
academic officer, a chief operating officer, and a chief communications officer
and any other administrators for the district as the chief executive officer
shall determine to be necessary. The chief executive officer shall also appoint
ombudspersons who shall answer questions and seek to resolve problems and
concerns raised by parents and guardians of children attending district
schools. The chief executive officer shall appoint a sufficient number of
ombudspersons to serve the needs of the parents and guardians. A municipal school
district is not required to have a superintendent appointed pursuant to section
3319.01 of the Revised Code or a
treasurer elected pursuant to section
3313.22 of the Revised Code. In
addition to the rights, authority, and duties conferred upon the chief
executive officer and chief financial officer in sections
3311.71 to
3311.87 of the Revised Code,
the chief executive officer and the chief financial officer shall have all of
the rights, authority, and duties conferred upon the superintendent of a school
district and the treasurer of a board of education, respectively, by the
Revised Code that are not inconsistent with sections
3311.71 to
3311.87 of the Revised
Code.
|
| (D) |
Notwithstanding Chapters 124. and 3319. of the
Revised Code, an individual appointed to an administrative position in a
municipal school district by its chief executive officer shall have a contract
with the school district that includes such terms and conditions of employment
as are agreeable to the chief executive officer and the appointee, except that
each such contract shall contain a provision stating that, unless the appointee
chooses to terminate the contract at a prior time, the appointee will serve at
the pleasure of the chief executive officer. |
| (E) |
The chief executive officer shall also contract for or employ such consultants,
counsel, or other outside parties as in the chief executive officer's
reasonable judgment shall be necessary to design, implement, or evaluate the
plan required by section
3311.74 of the Revised Code and to
properly operate the school district, subject to appropriations by the
board. |
| (F) |
Notwithstanding section
3301.074 and Chapter 3319. of the
Revised Code, no person appointed under this section shall be required to hold
any license, certificate, or permit. |
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 11-12-1997
.
| (A) |
No later than ninety days before the general
election held in the first even-numbered year occurring at least four years
after the date it assumed control of the municipal school district pursuant to
division (B) of section
3311.71 of the Revised Code, the
board of education appointed under that division shall notify the board of
elections of each county containing territory of the municipal school district
of the referendum election required by division (B) of this section. |
| (B) |
At the general election held in the first
even-numbered year occurring at least four years after the date the new board
assumed control of a municipal school district pursuant to division (B) of
section 3311.71 of the Revised Code, the
following question shall be submitted to the electors residing in the school
district: "Shall the mayor of
..... (here insert the name of the applicable municipal corporation) continue
to appoint the members of the board of education of the ..... (here insert the
name of the municipal school district)?" The board of
elections of the county in which the majority of the school district's
territory is located shall make all necessary arrangements for the submission
of the question to the electors, and the election shall be conducted,
canvassed, and certified in the same manner as regular elections in the
district for the election of county officers, provided that in any such
election in which only part of the electors of a precinct are qualified to
vote, the board of elections may assign voters in such part to an adjoining
precinct. Such an assignment may be made to an adjoining precinct in another
county with the consent and approval of the board of elections of such other
county. Notice of the election shall be published in a newspaper of general
circulation in the school district once a week for two consecutive weeks, or as provided in section
7.16 of the
Revised Code, prior to the election. If the board of elections operates
and maintains a web site, the board of elections shall post notice of the
election on its web site for thirty days prior to the election. The notice
shall state the question on which the election is being held. The ballot shall
be in the form prescribed by the secretary of state. Costs of submitting the
question to the electors shall be charged to the municipal school district in
accordance with section
3501.17 of the Revised
Code.
|
| (C) |
If a majority of electors voting on the issue
proposed in division (B) of this section approve the question, the mayor shall
appoint a new board on the immediately following first day of July pursuant to
division (F) of section
3311.71 of the Revised
Code. |
| (D) |
If a majority of electors voting on the issue
proposed in division (B) of this section disapprove the question, a new
seven-member board of education shall be elected at the next regular election
occurring in November of an odd-numbered year. At such election, four members
shall be elected for terms of four years and three members shall be elected for
terms of two years. Thereafter, their successors shall be elected in the same
manner and for the same terms as members of boards of education of a city
school district. All members of the board of education of a municipal school
district appointed pursuant to division (B) of section
3311.71 of the Revised Code shall
continue to serve after the end of the terms to which they were appointed until
their successors are qualified and assume office in accordance with section
3313.09 of the Revised
Code. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.29, HB 48,
§1, eff.
7/2/2010.
Effective Date:
11-12-1997; 05-02-2006
| (A) |
The board of education of a municipal school
district, in consultation with the department of education, shall set goals for
the district's educational, financial, and management progress and establish
accountability standards with which to measure the district's
progress. |
| (B) |
| (1) |
The chief
executive officer of a municipal school district shall develop, implement, and
regularly update a plan to measure student academic performance at each school
within the district. The plan developed by the chief executive officer shall
include a component that requires the parents or guardians of students who
attend the district's schools to attend, prior to the fifteenth day of December
each year, at least one parent-teacher conference or similar event held by the
school the student attends to provide an opportunity for the parents and
guardians to meet the student's teachers, discuss expectations for the student,
discuss the student's performance, and foster communication between home and
school. |
| (2) |
Where measurements demonstrate that students in
particular schools are not achieving, or are not improving their achievement
levels at an acceptable rate, the plan shall contain provisions requiring the
chief executive officer, with the concurrence of the board, to take corrective
action within those schools, including, but not limited
to, reallocation of academic and financial resources, reassignment of
staff, redesign of academic programs, adjusting the length of the school year or school
day, and deploying additional assistance to students. |
| (3) |
Prior
to taking corrective action pursuant to the plan, the chief executive officer
shall first identify which schools are in need of corrective action, what
corrective action is warranted at each school, and when the corrective action
should be implemented. Collectively, these items shall be known as the
"corrective plan." The corrective plan is not intended to be used as a cost
savings measure; rather, it is intended to improve student performance at
targeted schools. Immediately after developing the corrective plan, the chief
executive officer and the presiding officer of each labor organization whose
members will be affected by the corrective plan shall each appoint up to four
individuals to form one or more corrective action teams. The corrective action
teams, within the timelines set by the chief executive officer for
implementation of the corrective plan, shall collaborate with the chief
executive officer and, where there are overlapping or mutual concerns, with
other corrective action teams to make recommendations to the chief executive
officer on implementation of the corrective plan. If the chief executive officer disagrees with all or part of
the recommendations of a corrective action team, or if a corrective action team
fails to make timely recommendations on the implementation of all or part of
the corrective plan, the chief executive officer may implement the corrective
plan in the manner in which the chief executive officer determines to be in the
best interest of the students, consistent with the timelines originally
established. The chief executive officer and any corrective action team
are not bound by the applicable provisions of collective bargaining agreements
in developing recommendations for and implementing the corrective plan.
|
| (4) |
Notwithstanding anything to the contrary in Chapter 4117. of the Revised Code,
the content and implementation of the corrective plan prevail over any
conflicting provision of a collective bargaining agreement entered into on or
after the effective date of this amendment. |
|
| (C) |
Annually the chief executive officer shall issue a report to residents of the
district that includes results of achievement measurements made under division
(B)(1) of this section and delineates the nature
of any reforms and corrective actions being taken in response to any failure to
achieve at an acceptable level or rate. The report shall also contain
descriptions of efforts undertaken to improve the overall quality or efficiency
of operation of the district, shall list the source of all district revenues,
and shall contain a description of all district expenditures during the
preceding fiscal year. |
| (D) |
The chief
executive officer shall implement a public awareness campaign to keep the
parents and guardians of the district's students informed of the changes being
implemented within the district. The campaign may include such methods as
community forums, letters, and brochures. It shall include annual distribution
to all parents and guardians of an information card specifying the names and
business addresses and telephone numbers of the ombudspersons appointed under
section 3311.72 of the Revised Code and
other employees of the district board of education who may serve as information
resources for parents and guardians. |
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 11-12-1997
.
| (A) |
This section applies only to a municipal school
district in existence on July 1, 2012. |
| (B) |
Not later than December 1, 2012, the board of education of each municipal
school district to which this section applies shall submit to the
superintendent of public instruction an array of measures to be used in
evaluating the performance of the district. The measures shall assess at least
overall student achievement, student progress over time, the achievement and
progress over time of each of the applicable categories of students described
in division (F) of section
3302.03 of the Revised Code, and
college and career readiness. The state superintendent shall approve or
disapprove the measures by January 15, 2013. If the measures are disapproved,
the state superintendent shall recommend modifications that will make the
measures acceptable. |
| (C) |
Beginning with the 2012-2013 school year, the
board annually shall establish goals for improvement on each of the measures
approved under division (B) of this section. The school district's performance
data for the 2011-2012 school year shall be used as a baseline for determining
improvement. |
| (D) |
Not later than October 1, 2013, and by the first
day of October each year thereafter, the board shall issue a report describing
the school district's performance for the previous school year on each of the
measures approved under division (B) of this section and whether the district
has met each of the improvement goals established for that year under division
(C) of this section. The board shall provide the report to the governor, the
superintendent of public instruction, and, in accordance with section
101.68 of the Revised Code, the
general assembly. |
| (E) |
Not later than November 15, 2017, the
superintendent of public instruction shall evaluate the school district's
performance based on the measures approved under division (B) of this section
and shall issue a report to the governor and general assembly. |
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
| (A) |
As used in this section, "partnering community school"
means a community school established under Chapter 3314. of the Revised Code
that is located within the territory of a municipal school district and that
either is sponsored by the district or is a party to an agreement with the
district whereby the district and the community school endorse each other's
programs. |
| (B) |
The board of education of each municipal school
district and the governing authority of each partnering community school shall
require each of its schools offering grades nine to twelve to establish a
student advisory committee to make recommendations as prescribed in this
division. The principal of the school and, if applicable, representatives of
the teachers' labor organization who are employed in the school shall determine
the composition of the committee and the process for selecting committee
members, which shall allow for all students enrolled in the school to be
informed about, and involved in, member selection. The committee shall make regular recommendations, but at
least semiannually, regarding the following:
| (1) |
Strategies to improve teaching and learning at the school; |
| (2) |
How to
use technology in the classroom to engage students in the learning
process; |
| (3) |
Strategies to encourage high-achieving students to
work with underperforming students to improve the school's academic culture and
graduation rate; |
| (4) |
Ways
in which students may improve the behavior of other students and reduce
incidents of bullying and other disruptive conduct; |
| (5) |
Procedures for monitoring the progress of the changes implemented; |
| (6) |
Any
other issues requested by school personnel or the board or governing
authority. |
|
| (C) |
The
student advisory committee shall provide copies of its recommendations to the
district chief executive officer, the school principal, and, if applicable, the
person designated to be the representative of the teachers' labor organization
for the school. The board or governing authority shall post the recommendations
on the district's or school's web site. |
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
| (A) |
A board of
education appointed by the mayor pursuant to division (B) or (F) of section
3311.71 of the Revised Code shall
have no right, title, or interest in the funds or property of any municipal
corporation. The budgets of the municipal school district and the municipal
corporation shall be estimated, planned, and financed separately. At no time
shall any funds of the school district and the municipal corporation be
commingled in any manner and all school district funds and accounts shall be
maintained and accounted for totally independently of any funds and accounts of
the municipal corporation. |
| (B) |
The board of a municipal school district shall adopt and follow procedures for
the award of all contracts for supplies or services involving the expenditure
of fifty thousand dollars or more in any one fiscal year after a competitive
bid or request for proposal process. This division is supplemental to section
3313.46 of the Revised Code. This
division does not apply to contracts of employment or to contracts for
professional services; to contracts for the security and protection of school
property; in cases of urgent necessity as determined by two-thirds vote of the
board; or in any of the situations described in division (B) of section
3313.46 of the Revised Code to
which the bid process of division (A) of that section does not apply.
|
Effective Date:
11-12-1997.
Notwithstanding
division (F) of section
5705.10 of the Revised Code, if
a municipal school district board of education sells real property that it owns
in its corporate capacity, moneys received from the sale may be paid into the
general fund of the district, as long as all of the following conditions are
satisfied:
| (A) |
The
district has owned the real property for at least ten years. |
| (B) |
The real property and any improvements to that real property were not acquired
with the proceeds of public obligations, as defined in section
133.01 of the Revised Code, of
the district that are outstanding at the time of the sale. |
| (C) |
The deposit of those moneys in that manner is not prohibited by any agreements
the district board has entered into with the Ohio facilities construction commission. |
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
| (A) |
Notwithstanding Chapters 3302. and 3317. of the
Revised Code, upon written request of the district chief executive officer, the state superintendent of public instruction may
exempt a municipal school district from any rules adopted under Title XXXIII of
the Revised Code except for any rule adopted under Chapter 3307. or 3309.,
sections 3319.07 to
3319.21, or Chapter 3323. of the
Revised Code, and may authorize a municipal school district to apply funds
allocated to the district under Chapter 3317. of the Revised Code, except those
specifically allocated to purposes other than current expenses, to the payment
of debt charges on the district's public obligations. The request must specify
the provisions from which the district is seeking exemption or the application
of funds requested and the reasons for the
request. The state superintendent shall approve the request if the
superintendent finds the requested exemption or application
of funds is in the best interest of the
district's students. The superintendent shall approve or disapprove the request
within thirty days and shall notify the district board and the district chief
executive officer of approval or reasons for disapproving the
request. |
| (B) |
The board of education of
a municipal school district may apply for an exemption from specific statutory
provisions or rules under section
3302.07 of the Revised Code. |
| (C) |
In addition to the rights,
authority, and duties conferred upon a municipal school district and its board
of education in sections
3311.71 to
3311.87 of the Revised Code,
a municipal school district and its board shall have all of the rights,
authority, and duties conferred upon a city school district and its board by
law that are not inconsistent with sections
3311.71 to
3311.87 of the Revised
Code. |
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 11-12-1997
.
Notwithstanding any provision of the Revised Code to the contrary, and except
as otherwise specified in division (G)(1) of this section, a municipal school
district shall be subject to this section instead of section
3319.08 of the Revised Code.
Section 3319.0811 of the Revised Code
shall not apply to the district.
| (A) |
The
board of education of each municipal school district shall enter into written
contracts for the employment and re-employment of all teachers. Contracts for
the employment of teachers shall be of three types, limited contracts, extended
limited contracts, and continuing contracts. If the board authorizes
compensation in addition to the salary paid under section
3311.78 of the Revised Code for
the performance of duties by a teacher that are in addition to the teacher's
regular teaching duties, the board shall enter into a supplemental written
contract with each teacher who is to perform additional duties. Such
supplemental written contracts shall be limited contracts. Such written
contracts and supplemental written contracts shall set forth the teacher's
duties and shall specify the salaries and compensation to be paid for regular
teaching duties and additional teaching duties, respectively. If the board adopts a motion or resolution to employ a
teacher under a limited contract or extended limited contract, or under a
continuing contract pursuant to division (E) of this section, and the teacher
accepts such employment, the failure of such parties to execute a written
contract shall not void such employment contract.
|
| (B) |
Teachers shall be paid for all time lost when the schools in which they are
employed are closed due to an epidemic or other public calamity, and for time
lost due to illness or otherwise for not less than five days annually as
authorized by regulations which the board shall adopt. |
| (C) |
The
term of a limited contract for a teacher shall not exceed the following:
| (1) |
Five
years, in the case of a contract entered into prior to the effective date of
this section; |
| (2) |
A term as authorized in division (D) of this section,
in the case of a contract entered into on or after the effective date of this
section. |
|
| (D) |
The
term of an initial limited contract for a teacher described in division (C)(2)
of this section shall not exceed two years. Any subsequent limited contract
entered into with that teacher shall not exceed five years. |
| (E) |
A
continuing contract is a contract that remains in effect until the teacher
resigns, elects to retire, or is retired pursuant to former section
3307.37 of the Revised Code, or
until it is terminated or suspended and shall be granted only to teachers who
have provided notice of their eligibility by the fifteenth day of September of
the year the teacher becomes eligible for a continuing contract and who have
met one of the following criteria:
| (1) |
The
teacher holds a professional, permanent, or life teacher's certificate; |
| (2) |
The
teacher meets the following conditions:
| (a) |
The
teacher was initially issued a teacher's certificate or educator license prior
to January 1, 2011. |
| (b) |
The
teacher holds a professional educator license issued under section
3319.22 or
3319.222 or former section
3319.22 of the Revised Code or a
senior professional educator license or lead professional educator license
issued under section
3319.22 of the Revised Code. |
| (c) |
The
teacher has completed the applicable one of the following:
| (i) |
If the
teacher did not hold a master's degree at the time of initially receiving a
teacher's certificate under former law or an educator license, thirty semester
hours of coursework in the area of licensure or in an area related to the
teaching field since the initial issuance of such certificate or license, as
specified in rules which the state board of education shall adopt; |
| (ii) |
If
the teacher held a master's degree at the time of initially receiving a
teacher's certificate under former law or an educator license, six semester
hours of graduate coursework in the area of licensure or in an area related to
the teaching field since the initial issuance of such certificate or license,
as specified in rules which the state board shall adopt. |
|
|
| (3) |
The teacher meets the following conditions:
| (a) |
The
teacher never held a teacher's certificate and was initially issued an educator
license on or after January 1, 2011. |
| (b) |
The
teacher holds a professional educator license, senior professional educator
license, or lead professional educator license issued under section
3319.22 of the Revised Code. |
| (c) |
The
teacher has held an educator license for at least seven years. |
| (d) |
The
teacher has completed the applicable one of the following:
| (i) |
If the
teacher did not hold a master's degree at the time of initially receiving an
educator license, thirty semester hours of coursework in the area of licensure
or in an area related to the teaching field since the initial issuance of that
license, as specified in rules which the state board shall adopt; |
| (ii) |
If
the teacher held a master's degree at the time of initially receiving an
educator license, six semester hours of graduate coursework in the area of
licensure or in an area related to the teaching field since the initial
issuance of that license, as specified in rules which the state board shall
adopt. |
|
|
|
| (F) |
Nothing in division (E) of this section shall be construed to void or otherwise
affect a continuing contract entered into prior to the effective date of this
section. |
| (G) |
Notwithstanding any provision to the contrary in
Chapter 4117. of the Revised Code:
| (1) |
The
requirements of division (D)(3) of section
3319.08 of the Revised Code
prevail over any conflicting provisions of a collective bargaining agreement
entered into between October 16, 2009, and the effective date of this
section. |
| (2) |
The requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered into on or
after the effective date of this section. |
|
| (H) |
Wherever the term "educator license" is used in this section without reference
to a specific type of educator license, the term does not include an educator
license for substitute teaching issued under section
3319.226 of the Revised
Code. |
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Notwithstanding any
provision of the Revised Code to the contrary, a municipal school district
shall be subject to this section instead of sections
3317.13,
3317.14,
and
3317.141
of the Revised Code.
| (A) |
As used in
this section, "principal" includes an assistant principal. |
| (B) |
The
board of education of each municipal school district annually shall adopt a
differentiated salary schedule for teachers based upon performance as described
in division (D) of this section. The board also annually shall adopt a
differentiated salary schedule for principals based upon performance as
described in division (D) of this section. For each teacher or
principal hired on or after October 1, 2012, the board shall determine the
teacher's or principal's initial placement on the applicable salary schedule
based on years of experience and area of licensure and any other factors the
board considers appropriate. For each teacher hired prior to October 1, 2012,
the board shall initially place the teacher on the applicable salary schedule
so that the teacher's annual salary on the schedule is comparable to the
teacher's annual salary for the school year immediately prior to the school
year covered by the schedule. For each principal hired prior to October 1,
2012, the board shall initially place the principal on the applicable salary
schedule consistent with the principal's employment contract.
|
| (C) |
The
salary of a teacher shall not be reduced unless such reduction is accomplished
as part of a negotiated collective bargaining agreement. The salary of a
principal shall not be reduced during the term of the principal's employment
contract unless such reduction is by mutual agreement of the board and the
principal or is part of a uniform plan affecting the entire district. |
| (D) |
For
purposes of the schedules, the board shall measure a teacher's or principal's
performance by considering all of the following:
| (1) |
The
level of license issued under section
3319.22
of the Revised Code that the teacher or principal holds; |
| (2) |
In the
case of a teacher, whether the teacher is a properly certified or licensed teacher, as
defined in section
3319.074
of the Revised Code; |
| (3) |
Ratings
received by the teacher or principal on performance evaluations conducted under
section
3311.80
or
3311.84
of the Revised Code; |
| (4) |
Any
specialized training and experience in the assigned position. |
|
| (E) |
The salary
schedules adopted under this section may provide for additional compensation
for teachers or principals who perform duties, not contracted for under a
supplemental contract, that the board determines warrant additional
compensation. Those duties may include, but are not limited to, assignment to a
school building eligible for funding under Title I of the "Elementary and
Secondary Education Act of 1965,"
20 U.S.C. 6301 et seq.; assignment to a building in
"school improvement" status under the "No Child Left Behind Act of 2001," as
defined in section
3302.01
of the Revised Code; teaching in a grade level or subject area in which the
board has determined there is a shortage within the district; assignment to a
hard-to-staff school, as determined by the board; or teaching in a school with
an extended school day or school year. |
| (F) |
The
chief executive officer of the district, or the chief executive officer's
designee, annually shall review the salary of each teacher and principal and
make a recommendation to the board. Based on the recommendation, the board may
increase a teacher's or principal's salary based on the teacher's or
principal's performance and duties as provided for in divisions (D) and (E) of
this section. The performance-based increase for a teacher or principal rated
as accomplished shall be greater than the performance-based increase for a
teacher or principal rated as skilled. Notwithstanding division (C) of this
section, division (C) of section
3319.02,
and section
3319.12
of the Revised Code, the board may decrease the teacher's or principal's salary
if the teacher or principal will perform fewer or different duties described in
division (E) of this section in the school year for which the salary is
decreased. |
| (G) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the requirements of this section prevail over any conflicting provisions
of a collective bargaining agreement entered into on or after October 1, 2012.
However, the board and the teachers' labor organization shall negotiate the
implementation of the differentiated salary schedule for teachers and may
negotiate additional factors regarding teacher salaries, provided those factors
are consistent with this section. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
7/18/2019 (Vetoed).
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
| (A) |
When
assigning teachers to schools of a municipal school district prior to the start
of a school year, teachers may apply for open positions. All applicants shall
be considered. Applicants may be interviewed by a building level team comprised
of the building principal, a representative of the district teachers' labor
organization, a parent, a staff member in the same job classification as the
posted position, and any other members mutually agreed upon by the principal
and the labor organization representative. When openings occur, the principal
and labor organization representative shall mutually select the members of the
building level team. Interviews by the building level team shall not be delayed
due to the unavailability of duly notified team members. The team shall make
recommendations whether to assign a teacher to an open position in the building
based on how suitably the teacher's credentials fulfill the needs of the
particular school. For this purpose, the building level team shall consider the
following credentials:
| (1) |
The level of
license issued under section
3319.22
of the Revised Code that the teacher holds; |
| (2) |
The
number of subject areas the teacher is licensed to teach; |
| (3) |
Whether the teacher would be a properly certified or
licensed teacher, as defined in section
3319.074
of the Revised Code, in the open
position; |
| (4) |
The results
of the teacher's performance evaluations conducted under section
3311.80
of the Revised Code; |
| (5) |
Whether the
teacher has recently taught and been evaluated in the subject areas the teacher
would teach at the school; |
| (6) |
Any
specialized training or experience the teacher possesses that are relevant to
the open position; |
| (7) |
Any other
credentials established by the district chief executive officer or a building
level team. |
|
| (B) |
The building
level team shall make its recommendations to the district chief executive
officer or the chief executive officer's designee for the chief executive
officer's or designee's final approval of the assignment. |
| (C) |
In
the event that open positions in one or more school buildings have not been
filled through the procedures set forth in divisions (A) and (B) of this
section, or if the building level team has not been able to reach a consensus
on a candidate, by ten days prior to the first work day for teachers of the
school year, the district chief executive officer or the chief executive
officer's designee shall assign teachers to any of those open positions based
on the best interests of the district. In making an assignment under this
division, the chief executive officer or the chief executive officer's designee
shall take into consideration all input from the building level team
members. |
| (D) |
In the event
that a position opens after the first student day of the school year, the
building level team interview and recommendation procedures set forth in
divisions (A) and (B) of this section shall be used to fill the open position.
If any positions remain open, or if the building level team has not been able
to reach a consensus on a candidate, after a reasonable period of time as
determined by the chief executive officer or the chief executive officer's
designee, the chief executive officer or the chief executive officer's designee
shall assign teachers to any of those open positions based on the best
interests of the district. In making an assignment under this division, the
chief executive officer or the chief executive officer's designee shall take
into consideration all input from the building level team members. |
| (E) |
In
the event it becomes necessary to assign, reassign, or transfer a teacher,
whether voluntarily or involuntarily on the part of the teacher, for the
purpose of promoting the best interests of the district, the chief executive
officer or the chief executive officer's designee shall first meet with the
teacher, the principals of the affected buildings, and a representative of the
district teachers' labor organization. The assignment, reassignment, or
transfer shall not be delayed due to the unavailability of the meeting
participants who have been duly notified. |
| (F) |
The
district chief executive officer or a building level team shall not use
seniority or continuing contract status as the primary factor in determining
any teacher's assignment to a school. |
| (G) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the requirements of this section prevail over any conflicting provisions
of a collective bargaining agreement entered into on or after
October 1, 2012. However, the board and the
teachers' labor organization shall negotiate regarding the implementation of
this section, including the processes by which each building level team
conducts its interviews and makes recommendations, consistent with this
section. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
7/18/2019 (Vetoed).
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Notwithstanding any
provision of the Revised Code to the contrary, a municipal school district
shall be subject to this section instead of section
3319.111 of the Revised
Code.
| (A) |
Not later than July 1, 2013, the board of
education of each municipal school district and the teachers' labor
organization shall develop and adopt standards-based teacher evaluation
procedures that conform with the framework for evaluation of teachers developed
under section
3319.112 of the Revised Code. The
evaluation procedures shall include at least formal observations and classroom
walk-throughs, which may be announced or unannounced; examinations of samples
of work, such as lesson plans or assessments designed by a teacher; and
multiple measures of student academic growth. |
| (B) |
When using measures of student academic growth as a component of a teacher's
evaluation, those measures shall include the value-added progress dimension
prescribed by section
3302.021 of the Revised Code
or the alternative student academic progress measure if
adopted under division (C)(1)(e) of section
3302.03 of the Revised Code.
For teachers of grade levels and subjects for which the value-added progress
dimension or alternative student academic achievement
measure is not applicable, the board shall administer assessments on the
list developed under division (B)(2) of section
3319.112 of the Revised
Code. |
| (C) |
| (1) |
Each
teacher employed by the board shall be evaluated at least once each school
year, except as provided in division (C)(2) of this section. The composite
evaluation shall be completed not later than the first day of June and the
teacher shall receive a written report of the results of the composite
evaluation not later than ten days after its completion or the last teacher
work day of the school year, whichever is earlier. |
| (2) |
Each teacher who received a rating of accomplished on the teacher's most recent
evaluation conducted under this section may be evaluated once every two school
years, except that the teacher shall be evaluated in any school year in which
the teacher's contract is due to expire. The biennial composite evaluation
shall be completed not later than the first day of June of the applicable
school year, and the teacher shall receive a written report of the results of
the composite evaluation not later than ten days after its completion or the
last teacher work day of the school year, whichever is earlier. |
|
| (D) |
Each evaluation conducted pursuant to this section
shall be conducted by one or more of the following persons who have been
trained to conduct evaluations in accordance with criteria that shall be
developed jointly by the chief executive officer of the district, or the chief
executive officer's designee, and the teachers' labor organization:
| (1) |
The
chief executive officer or a subordinate officer of the district with
responsibility for instruction or academic affairs; |
| (2) |
A
person who is under contract with the board pursuant to section
3319.02 of the Revised Code and
holds a license designated for being a principal issued under section
3319.22 of the Revised
Code; |
| (3) |
A person who
is under contract with the board pursuant to section
3319.02 of the Revised Code and
holds a license designated for being a vocational director or a supervisor in
any educational area issued under section
3319.22 of the Revised
Code; |
| (4) |
A person
designated to conduct evaluations under an agreement providing for peer
assistance and review entered into by the board and the teachers' labor
organization. |
|
| (E) |
The evaluation procedures shall describe how the evaluation results will be
used for decisions regarding compensation, retention, promotion, and reductions
in force and for removal of poorly performing teachers. |
| (F) |
A
teacher may challenge any violations of the evaluation procedures in accordance
with the grievance procedure specified in any applicable collective bargaining
agreement. A challenge under this division is limited to the determination of
procedural errors that have resulted in substantive harm to the teacher and to
ordering the correction of procedural errors. The failure of the board or a
person conducting an evaluation to strictly comply with any deadline or
evaluation forms established as part of the evaluation process shall not be
cause for an arbitrator to determine that a procedural error occurred, unless
the arbitrator finds that the failure resulted in substantive harm to the
teacher. The arbitrator shall have no jurisdiction to modify the evaluation
results, but the arbitrator may stay any decision taken pursuant to division
(E) of this section pending the board's correction of any procedural error. The
board shall correct any procedural error within fifteen business days after the
arbitrator's determination that a procedural error occurred. |
| (G) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the requirements of this section prevail over any conflicting provisions
of a collective bargaining agreement entered into on or after
October 1, 2012. However, the board and the teachers'
labor organization may negotiate additional evaluation procedures, including an
evaluation process incorporating peer assistance and review, provided the
procedures are consistent with this section. |
| (H) |
This section does not apply to administrators appointed by the chief executive
officer of a municipal school district under section
3311.72 of the Revised Code,
administrators subject to evaluation procedures under section
3311.84 or
3319.02 of the Revised Code, or to
any teacher employed as a substitute for less than one hundred twenty days
during a school year pursuant to section
3319.10 of the Revised
Code. |
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Notwithstanding any provision of the Revised Code to the contrary, a municipal
school district shall be subject to this section instead of section
3319.11 of the Revised Code.
| (A) |
As
used in this section:
| (1) |
"Evaluation procedures" means the procedures adopted
pursuant to division (A) of section
3311.80 of the Revised Code. |
| (2) |
"Limited contract" means a limited contract, as described in section
3311.77 of the Revised Code, that
the board of education of a municipal school district enters into with a
teacher who is not eligible for a continuing contract. |
| (3) |
"Extended limited contract" means a limited contract, as described in section
3311.77 of the Revised Code, that
the board enters into with a teacher who is eligible for a continuing contract,
but to whom a continuing contract has not been granted by the board. |
|
| (B) |
The board of education of each municipal school
district shall enter into a limited contract with each teacher employed by the
board who is not eligible to be considered for a continuing contract. Any teacher employed under a limited contract who is not
eligible to be considered for a continuing contract is, at the expiration of
such limited contract, considered re-employed under a one-year limited
contract, unless the board gives such teacher written notice of its intention
not to re-employ such teacher on or before the first day of June. The teacher
is presumed to have accepted such employment unless the teacher notifies the
board in writing to the contrary on or before the tenth day of July. Any teacher receiving a written notice of the intention of
the board not to re-employ such teacher pursuant to this division is entitled
to a hearing under division (C) of this section.
|
| (C) |
Any
teacher receiving written notice of the intention of the board not to re-employ
such teacher pursuant to division (B) of this section may request a hearing
before the board. The request for a hearing shall be in writing and shall be
delivered to the chief financial officer of the district within ten days of the
date of receipt of the notice. The hearing shall be held in executive session
of the board at the board's next scheduled meeting. Following the hearing, or
if no hearing is requested, the board shall act on the question of the
teacher's re-employment. The decision of the board shall be final and shall not
be subject to further appeal. |
| (D) |
| (1) |
Upon
the recommendation of the chief executive officer that a teacher be re-employed
where the teacher satisfies the criteria in division (E) of section
3311.77 of the Revised Code and
has taught in the district for at least three years, or at least two years in
the case of a teacher who received a continuing contract elsewhere, the board
shall enter into a continuing contract with the teacher, unless the board by a
three-fourths vote of its full membership rejects the recommendation of the
chief executive officer. If the board rejects the recommendation, or if the
chief executive officer recommends that the teacher not be re-employed, the
board may proceed not to renew the teacher's contract in accordance with this
section as if the teacher was not eligible to be considered for a continuing
contract. |
| (2) |
In the event the chief executive officer does not
recommend to the board that a teacher receive a continuing contract where the
teacher satisfies the criteria in division (E) of section
3311.77 of the Revised Code and
has taught in the district for at least three years, or at least two years in
the case of a teacher who received a continuing contract elsewhere, the chief
executive officer may recommend to the board that the teacher receive an
extended limited contract. In that event, the chief executive officer, or the
chief executive officer's designee, shall provide the teacher written notice,
not less than five business days prior to any board action on the
recommendation, with reasons directed at professional development. The board
shall act on the recommendation for an extended limited contract with reasons
directed at professional development not later than the first day of June. An
extended limited contract may be issued:
| (a) |
For a
teacher who has been awarded a continuing contract in another school district
and has served in the municipal school district for two years, in one-year
increments or for multiple years, in no event to exceed a total of two
years; |
| (b) |
For a teacher who is newly eligible for a continuing
contract, in one-year increments or for multiple years, in no event to exceed a
total of four years. Upon any subsequent reemployment of the teacher after the
expiration of the extended limited contract or contracts, only a continuing
contract may be entered into. The teacher is presumed to have accepted
employment under such continuing contract unless the teacher notifies the board
in writing to the contrary before the tenth day of July, and a continuing
contract shall be executed accordingly.
|
|
| (3) |
In the
event the chief executive officer fails to make any recommendation regarding a
contract for a teacher who satisfies the criteria in division (E) of section
3311.77 of the Revised Code and
has taught in the district for at least three years, or at least two years in
the case of a teacher who received a continuing contract elsewhere, the teacher
shall be re-employed under a one-year extended limited contract. That contract
may be subsequently extended for an additional one to three years consistent
with divisions (D)(2)(a) and (b) of this section. The teacher is presumed to
have accepted employment under such extended limited contract unless the
teacher notifies the board in writing to the contrary before the tenth day of
July. |
|
| (E) |
The
provisions of this section shall not apply to any supplemental written
contracts entered into pursuant to section
3311.77 of the Revised Code. |
| (F) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the requirements of this section prevail over any conflicting provisions
of a collective bargaining agreement entered into on or after the effective
date of this section. However, the board and the teachers' labor organization
shall negotiate the due process procedures preceding a teacher's receipt of a
written notice indicating the intent of the board not to re-employ the teacher,
which procedures shall be consistent with this section. |
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Notwithstanding any provision of the Revised Code to the contrary, a municipal
school district shall be subject to this section instead of sections
3319.16 and
3319.161 of the Revised Code with
respect to termination of teacher contracts, but those sections shall apply to
the district with respect to termination of contracts with other district
employees licensed by the state board of education, subject to section
3311.72 and division (F) of
section 3311.84 of the Revised Code.
| (A) |
The
board of education of a municipal school district may terminate the contract of
a teacher employed by the board only for good and just cause. In addition, the
board may place a teacher on disciplinary suspension without pay for a definite
period of time for good and just cause. For purposes of contract terminations,
good and just cause shall include receiving a composite evaluation rating of
ineffective under section
3311.80 of the Revised Code for
two consecutive years. A violation of division (A)(7) of section
2907.03 of the Revised Code is
grounds for termination or disciplinary suspension without pay of a teacher
under this section. |
| (B) |
If an
administrator determines, after a preliminary investigation, that a teacher may
have engaged in conduct that could lead to a recommendation for termination or
disciplinary suspension without pay, the teacher shall be entitled to a
fact-finding hearing to determine if termination or disciplinary suspension
without pay is warranted. The hearing shall be held before an administrator
designated by the chief executive officer of the district. Prior to the
hearing, the administrator designated by the chief executive officer shall
provide the teacher with written notice of the allegations and of the right to
request representation by the teachers' labor organization, and copies of any
written evidence related to the allegations. The hearing shall be held within a
reasonable period of time following the teacher's receipt of the written notice
of the allegations. The teacher may have a representative of the teachers'
labor organization present at the hearing. During the hearing, the teacher
shall be given a meaningful opportunity to respond to the allegations,
including the opportunity to submit additional evidence. Not later than ten
business days after the hearing, the administrator designated by the chief
executive officer shall notify the teacher in writing of the administrator's
recommendation for discipline and the rationale for the recommendation, and
shall provide a copy of the notification to the chief executive officer. |
| (C) |
If the
administrator designated by the chief executive officer recommends to the chief
executive officer that the teacher be terminated or placed on disciplinary
suspension without pay, the chief executive officer shall review the evidence
and determine whether termination or disciplinary suspension without pay is
warranted. The chief executive officer shall make a recommendation regarding
discipline at the next scheduled meeting of the board. The board may adopt or
modify the chief executive officer's recommendation, except that the board
shall not increase the recommended discipline. The board shall notify the
teacher of any action taken by the board on the chief executive officer's
recommendation. Any termination or disciplinary suspension without pay imposed
by the board shall take effect immediately. |
| (D) |
A
teacher who is terminated or placed on disciplinary suspension without pay
under this section may appeal the board's action in accordance with the
grievance procedures specified in any applicable collective bargaining
agreement. The failure of the board, chief executive officer, or administrator
designated by the chief executive officer to strictly comply with any
procedures established by this section or applicable collective bargaining
agreement shall not be cause for an arbitrator to overturn the termination or
disciplinary suspension without pay, unless the arbitrator finds that the
failure resulted in substantive harm to the teacher. |
| (E) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code:
| (1) |
The
provisions of section
3319.16 of the Revised Code
relating to the grounds for termination of the contract of a teacher prevail
over any conflicting provisions of a collective bargaining agreement entered
into prior to the effective date of this section. |
| (2) |
The
requirements of this section prevail over any conflicting provisions of a
collective bargaining agreement entered into on or after the effective date of
this section. |
|
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Notwithstanding any
provision of the Revised Code to the contrary, and except as otherwise
specified in division (E) of this section, a municipal school district shall be
subject to this section instead of section 3319.17 of the Revised Code with
respect to suspension of teacher contracts, but sections 3311.72, 3319.17, and
3319.171 of the Revised Code shall apply to the district with respect to
suspension of contracts of other district employees who may be licensed by the
state board of education.
| (A) |
When, for any of the following reasons that apply to a municipal school
district, the district board of education decides that it will be necessary to
reduce the number of teachers it employs, it may make a reasonable reduction:
| (1) |
Return to duty of regular teachers after leaves of absence, including leaves of
absence provided pursuant to section 3319.13 or 3319.14 of the Revised
Code; |
| (2) |
Decreased
enrollment of students in the district; |
| (3) |
Academic reasons resulting in consolidation of teaching positions, duties, or
functions or resulting in changes in educational programs; |
| (5) |
Territorial changes affecting the district. |
|
| (B) |
In making any such reduction, the board shall proceed to suspend contracts in
accordance with the recommendation of the district's chief executive officer
and divisions (B)(1) and (2) and (E) of this section.
| (1) |
Each teacher affected by the reduction, based on area of licensure, shall be
placed in one of the following categories:
| (a) |
Category 1A, which shall contain all teachers on limited or extended limited
contracts with a composite evaluation rating of ineffective; |
| (b) |
Category 1B, which shall contain all teachers on continuing contracts with a
composite evaluation rating of ineffective; |
| (c) |
Category 2A, which shall contain all teachers on limited or extended limited
contracts with a composite evaluation rating of developing; |
| (d) |
Category 2B, which shall contain all teachers on continuing contracts with a
composite evaluation rating of developing; |
| (e) |
Category 3A, which shall contain all teachers on limited or extended limited
contracts with a composite evaluation rating of skilled; |
| (f) |
Category 3B, which shall contain all teachers on continuing contracts with a
composite evaluation rating of skilled; |
| (g) |
Category 4A, which shall contain all teachers on limited or extended limited
contracts with a composite evaluation rating of accomplished; |
| (h) |
Category 4B, which shall contain all teachers on continuing contracts with a
composite evaluation rating of accomplished. |
|
| (2) |
Consistent with division (E) of this section, reductions in the affected area
of licensure shall be made starting with teachers in category 1A and shall
proceed sequentially through teachers in category 4B, until all necessary
reductions have occurred. |
| (3) |
The evaluation ratings specified in division (B)(1) of this section refer to
composite evaluation ratings assigned to a teacher in accordance with the
evaluation procedures adopted under section 3311.80 of the Revised
Code. |
|
| (C) |
On a case-by-case basis, in lieu of suspending a
contract in whole, the board may suspend a contract in part, so that an
individual is required to work a percentage of the time the employee otherwise
is required to work under the contract and receives a commensurate percentage
of the full compensation the employee otherwise would receive under the
contract. |
| (D) |
The teachers whose contracts are suspended by the
board pursuant to this section shall have the right of restoration by the board
if and when teaching positions become vacant or are created, for which the
teachers are or become qualified within three years after the date of the
suspension of contract. Consistent with division (E) of this section, the board
shall rehire teachers in the affected area of licensure starting with teachers
in category 4B and shall proceed sequentially through teachers in category 1A,
until all vacant positions have been filled. No teacher whose contract has been
suspended pursuant to this section shall lose the right of restoration by
reason of having declined recall to a position that is less than full-time or,
if the teacher was not employed full-time just prior to suspension of the
teacher's continuing contract, to a position requiring a lesser percentage of
full-time employment than the position the teacher last held while employed in
the district. |
| (E) |
| (1) |
Notwithstanding any provision to the contrary in
Chapter 4117. of the Revised Code, the requirements of this section prevail
over any conflicting provisions of a collective bargaining agreement entered
into on or after October 1, 2012. However, the
board and the teachers' labor organization shall negotiate how specialized
training and experience will be factored into reduction in force and recall
decisions regardless of the categories prescribed by division (B) of this
section. In addition, the board and the teachers' labor organization may
negotiate additional factors to be considered in determining the order of
reductions, which factors shall not be inconsistent with division (B) of this
section. |
| (2) |
After applying specialized training and experience
and any other negotiated factors, teachers within the same category prescribed
by division (B) of this section shall be given preference based on
seniority. |
|
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Notwithstanding any provision of the Revised Code to the contrary, a municipal
school district shall be subject to this section instead of division (D) of
section 3319.02 of the Revised Code with
respect to principals and assistant principals, but all other provisions of
that section shall apply to the district with respect to principals and
assistant principals. Section
3319.02 of the Revised Code in its
entirety shall apply to the district with respect to employees other than
principals and assistant principals who are covered by that section, except as
otherwise provided in section
3311.72 of the Revised Code.
| (A) |
As
used in this section, "principal" includes an assistant principal. |
| (B) |
The
board of education of each municipal school district shall adopt procedures for
the evaluation of principals and shall evaluate all principals in accordance
with those procedures. The procedures shall be based on principles comparable
to the teacher evaluation procedures adopted under section
3311.80 of the Revised Code, but
shall be tailored to the duties and responsibilities of principals and the
environment in which principals work. Each evaluation shall measure the
principal's effectiveness in performing the duties included in the principal's
job description and shall be considered by the board in deciding whether to
renew the principal's contract of employment. |
| (C) |
The
evaluation procedures adopted under this section shall require each principal
to be evaluated annually through a written evaluation process. The evaluation
shall be conducted by the chief executive officer of the district, or the chief
executive officer's designee. |
| (D) |
To
provide time to show progress in correcting deficiencies identified in the
evaluation, each evaluation shall be completed as follows:
| (1) |
In any
school year that the principal's contract of employment is not due to expire,
at least one evaluation shall be completed in that year. A written copy of the
evaluation shall be provided to the principal by the end of the principal's
contract year as defined by the principal's annual salary notice. |
| (2) |
In any
school year that the principal's contract of employment is due to expire, at
least a preliminary evaluation and a final evaluation shall be completed in
that year. A written copy of the preliminary evaluation shall be provided to
the principal at least sixty days prior to any action by the board on the
principal's contract of employment. The final evaluation shall indicate the
chief executive officer's intended recommendation to the board regarding a
contract of employment for the principal. A written copy of the final
evaluation shall be provided to the principal at least five days prior to the
chief executive officer making the recommendation to the board. |
|
| (E) |
At least thirty days prior to taking action to renew
or not renew the contract of a principal, the board shall notify the principal
of the board's intended action and that the principal may request a meeting
with the board regarding the board's intended action. Upon request of the
principal, the board shall grant the principal a meeting in executive session.
In that meeting, the board shall discuss its reasons for considering renewal or
nonrenewal of the contract. The principal shall be permitted to have a
representative, chosen by the principal, present at the meeting. The establishment of evaluation procedures in accordance
with this section shall not create an expectancy of continued employment.
Nothing in this section shall prevent the board from making the final
determination regarding the renewal or nonrenewal of a principal's
contract.
|
| (F) |
Termination of a principal's contract shall be in accordance with section
3319.16 of the Revised Code,
except as follows:
| (1) |
Failure of the principal's building to meet academic
performance standards established by the chief executive officer shall be
considered good and just cause for termination under that section. |
| (2) |
If the
chief executive officer intends to recommend to the board that the principal's
contract be terminated, the chief executive officer shall provide the principal
a written copy of the principal's evaluation at least five days prior to making
the recommendation to the board. |
|
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
| (A) |
The board of education of each municipal school
district annually shall approve a calendar or calendars establishing a school
year that complies with the minimum school year prescribed by section
3313.48 of the Revised Code. The
board has final authority to establish a school calendar, including the
starting and ending times for the school day, for one or more of the district's
school buildings that provides for additional student days or hours beyond the
minimum prescribed by that section. A school's calendar may prescribe
year-round instruction or an extended school day. |
| (B) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the requirements and authorizations of this section prevail over any
conflicting provisions of a collective bargaining agreement entered into on or
after the effective date of this section. However, the district board and
teachers' labor organization shall negotiate regarding any additional
compensation for an extended school year or school day, consistent with section
3311.78 of the Revised Code. |
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
| (A) |
As used in this section:
| (1) |
"Alliance" means a municipal school district transformation alliance
established as a nonprofit corporation. |
| (2) |
"Alliance municipal school district" means a municipal school district for
which an alliance has been created under this section. |
| (3) |
"Partnering community school" means a community school established under
Chapter 3314. of the Revised Code that is located within the territory of a
municipal school district and that either is sponsored by the district or is a
party to an agreement with the district whereby the district and the community
school endorse each other's programs. |
| (4) |
"Transformation alliance education plan" means a plan prepared by the mayor,
and confirmed by the alliance, to transform public education in the alliance
municipal school district to a system of municipal school district schools and
partnering community schools that will be held to the highest standards of
school performance and student achievement. |
|
| (B) |
If one or more partnering community schools are located in a municipal school
district, the mayor may initiate proceedings to establish a municipal school
district transformation alliance as a nonprofit corporation under Chapter 1702.
of the Revised Code. The mayor shall have sole authority to appoint the
directors of any alliance created under this section. The directors of the
alliance shall include representatives of all of the following:
| (1) |
The municipal school district; |
| (2) |
Partnering community schools; |
| (3) |
Members of the community at large, including parents and educators; |
| (4) |
The business community, including business leaders and foundation leaders. No one group listed
in divisions (B)(1) to (4) of this section shall comprise a majority of the
directors. The mayor shall be an ex officio director, and serve as the
chairperson of the board of directors, of any alliance created under this
section. If the proceedings are initiated, the mayor shall identify the
directors in the articles of incorporation filed under section
1702.04 of the Revised
Code.
|
|
| (C) |
| (1) |
A majority of the members of the board of directors of the alliance shall
constitute a quorum of the board. Any formal action taken by the board of
directors shall take place at a meeting of the board and shall require the
concurrence of a majority of the members of the board. Meetings of the board of
directors shall be public meetings open to the public at all times, except that
the board and its committees and subcommittees may hold an executive session,
as if it were a public body with public employees, for any of the purposes for
which an executive session of a public body is permitted under division (G) of
section 121.22 of the Revised Code,
notwithstanding that the alliance is not a public body as defined in that
section, and its employees are not public employees as provided in division (F)
of this section. The board of directors shall establish reasonable methods
whereby any person may determine the time and place of all of the board's
public meetings and by which any person, upon request, may obtain reasonable
advance notification of the board's public meetings. Provisions for that
advance notification may include, but are not limited to, mailing notices to
all subscribers on a mailing list or mailing notices in self-addressed, stamped
envelopes provided by the person. |
| (2) |
All records of the alliance shall be organized and maintained by the alliance
and also filed with the department of education. The alliance and the
department shall make those records available to the public as though those
records were public records for purposes of Chapter 149. of the Revised Code.
The department shall promptly notify the alliance upon the department's receipt
of any requests for records relating to the alliance pursuant to section
149.43 of the Revised
Code. |
| (3) |
The
board of directors of the alliance shall establish a conflicts of interest
policy and shall adopt that policy, and any amendments to the policy, at a
meeting of the board held in accordance with this section. |
|
| (D) |
| (1) |
If an alliance is created under this section, the alliance shall do all of the
following:
| (a) |
Report
annually on the performance of all municipal school district schools and all
community schools established under Chapter 3314. of the Revised Code and
located in the district, using the criteria adopted under division (B) of
section 3311.87 of the Revised
Code; |
| (b) |
Confirm
and monitor implementation of the transformation alliance education
plan; |
| (c) |
Suggest
national education models for and provide input in the development of new
municipal school district schools and partnering community schools. |
|
| (2) |
If an
alliance is created under this section, the department of education may request
alliance comment, or the alliance independently may offer comment to the
department, on the granting, renewal, or extension of an agreement with a
sponsor of community schools under section
3314.015 of the Revised Code
when the sponsor has existing agreements with a community school located in an
alliance municipal school district. If the alliance makes comments, those
comments shall be considered by the department prior to making its decision
whether to grant, renew, or extend the agreement. For purposes of
division (D)(2) of this section, comments by the alliance shall be based on the
criteria established under division (A) of section
3311.87 of the Revised
Code.
|
|
| (E) |
Divisions (E)(1) to (3) of this section apply to each community school sponsor
that is subject to approval by the department under section
3314.015 of the Revised Code
whose approval under that section is granted, renewed, or extended on or after
October 1, 2012. Divisions (E)(1) to (3) of this section do not apply to a
sponsor that has been approved by the department prior to that date, until the
sponsor's approval is renewed, granted anew, or extended on or after that date.
| (1) |
Before a sponsor to which this section applies may sponsor new community
schools in an alliance municipal school district, the sponsor shall request
recommendation from the alliance to sponsor community schools in the
district. |
| (2) |
The
alliance shall review the sponsor's request and shall make a recommendation to
the department based on the standards for sponsors developed under division
(A)(2) of section 3311.87 of the Revised
Code. |
| (3) |
The
department shall use the standards developed under division (A)(2) of section
3311.87 of the Revised Code, in
addition to any other requirements of the Revised Code, to review a sponsor's
request and make a final determination, on recommendation of the alliance, of
whether the sponsor may sponsor new community schools in the alliance municipal
school district. No sponsor shall be
required to receive authorization to sponsor new community schools under
division (E)(3) of this section more than one time.
|
|
| (F) |
Directors, officers, and employees of an alliance are not public employees or
public officials, are not subject to Chapters 124., 145., and 4117. of the
Revised Code, and are not "public officials" or "public servants" as defined in
section 2921.01 of the Revised Code.
Membership on the board of directors of an alliance does not constitute the
holding of an incompatible public office or employment in violation of any
statutory or common law prohibition against the simultaneous holding of more
than one public office or employment. Members of the board of directors of an
alliance are not disqualified from holding any public office by reason of that
membership, and do not forfeit by reason of that membership the public office
or employment held when appointed to the board, notwithstanding any contrary
disqualification or forfeiture requirement under the Revised Code or the common
law of this state.
|
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
The department of education, in conjunction with the municipal school district
transformation alliance established under section
3311.86 of the Revised Code, if
such an alliance is established under that section, and a statewide nonprofit
organization whose membership is comprised solely of entities that sponsor
community schools and whose members sponsor the majority of start-up community
schools in the state, shall do all of the following:
| (A) |
Not
later than December 31, 2012, establish both of the following:
| (1) |
Objective criteria to be used by a sponsor to determine if it will sponsor new
community schools located within the municipal school district. Beginning with
any community school that opens after July 1, 2013, each sponsor shall use the
criteria established under this division to determine whether to sponsor a
community school in the municipal district. |
| (2) |
Criteria for assessing the ability of a sponsor to successfully sponsor a
community school in a municipal school district. The criteria adopted under divisions (A)(1) and (2) of this
section shall be based on standards issued by the national association of
charter school authorizers or any other nationally organized community or
charter school organization.
|
|
| (B) |
Not
later than April 30, 2013, establish a comprehensive framework to assess the
efficacy of district schools and community schools located in the municipal
school district. Where possible, the framework shall be based on nationally
accepted quality standards and principles for schools and shall be specific to
a school's model, mission, and student populations. |
Added by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.