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Ohio Laws and Rules
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
Effective Date:
07-01-1997 (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 historical society for analysis and
disposition by the society 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
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.3311.0510 Termination of service center agreements; abolishment of educational service center governing board.
3311.052 [Repealed].
3311.053 Joint educational service center.
3311.054 Membership of governing board of joint service center.
(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
After at least one election of board members has occurred under division (B) of section 3313.053, division (C) of section 3311.054 , or section 3311.057 of the Revised Code, the elected governing board members of an educational service center created under division (A) of section 3311.053 of the Revised Code 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 . Appointed members may be representative of the client school districts of the service center. As used in this section, "client school district" has the same meaning as in section 3317.11 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 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
Repealed by
129th General AssemblyFile
No.28, HB 153,
§105.01, eff.
6/30/2011. (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.
(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.
3311.06 Territory of district to be contiguous - exceptions - annexation of territory.
(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.
(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.
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
The general assembly recognizes that the citizens of this state consider public education to be one of the most important functions of both state and local government and that the matter of school district boundaries is of great concern to them, as it is to school officials and the general assembly. The general assembly also recognizes that, as the result of state law dealing with the transfer of school district territory following municipal annexation, a great deal of uncertainty has arisen, particularly in the state's larger urban areas, over whether particular school district boundaries will be subject to extensive change in the future. This uncertainty has been particularly stressful for families of school age children and has hindered the ability of school officials in the affected districts to plan for the future. Finally, the general assembly recognizes that a lasting solution, fair to all of the school children, families, and school districts affected, can best be achieved through a cooperative effort involving school district officials, board of education members, and legislators. It is the intent of the general assembly by the amendments to section 3311.06 of the Revised Code made in Substitute Senate Bill No.298 of the 116th general assembly to provide a mechanism whereby urban area school officials and boards of education that are willing to work together to establish cooperative education programs for the benefit of the school children in their districts may, through a process of negotiation and compromise, jointly resolve some of the issues related to the treatment of school territory annexed for municipal purposes.
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 the effective date of this
amendment, shall be appointed under division (C) of this section. All members of a joint vocational school district board
serving unexpired terms on the effective date of this amendment 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)
Members of the joint vocational school district board
appointed on or after the effective date of this amendment shall serve for
three year terms of office. No member shall hold office for a period of longer
than two consecutive terms. Terms shall be considered consecutive unless
separated by three or more years. Members of the board shall be selected based on the
diversity of the employers from the geographical region of the state in which
the territory of the joint vocational school district is located represented by
the members. Not less than three-fifths of the members of the board shall
reside in or be employed within the territory of the joint vocational school
district board upon which the member serves. (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. An individual shall not be a member
of an appointing board, unless the individual meets the criteria in division
(C)(2) of this section. (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 the effective date of this amendment expire or as those
offices are otherwise vacated prior to the expiration date.
(2)
Members of the joint vocational board shall have
experience as chief financial officers, chief executive officers, human
resources managers, or other business, industry, or career counseling
professionals who are qualified to discuss the labor needs of the region with
respect to the regional economy. The appointing board shall appoint individuals
who represent employers in the region served by the joint vocational school
district who are qualified to consider the state's workforce needs 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 who meet the qualifications in division
(C)(2) of this section.
(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
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 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 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 (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)
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.
Effective Date:
09-26-2003; 2007 HB119 09-29-2007; 2008 HB562 09-22-2008
(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.3311.10 Change of classification upon reduction of population in village school district - exception.
3311.11 New school district to be approved by general assembly.
3311.12 to 3311.15 [Repealed].
3311.16 Plan for joint vocational school district.
3311.17 Copy of plan to be filed with board of each district.
3311.18 Creation of joint vocational school districts.
3311.19 Joint vocational school district board of education.
3311.20 Bond issue - annual levy.
3311.21 Tax levy - rate.
3311.211 Tuition - acceptance of funds.
3311.212 Use of buildings.
3311.213 Procedure for district to join existing joint vocational school district.
3311.214 Procedure for merging existing joint vocational school districts.
3311.215 Facilities of joint districts.
3311.216 Funds of joint districts.
3311.217 Dissolution of district.
3311.218 Sharing use of facilities, equipment or funds.
3311.22 Transfer of school district territory.
3311.23 [Repealed].
3311.231 Transferring local school district territory to adjoining service center or city or exempted village school district.
3311.24 [Effective Until 9/17/2014] Transfer of city, exempted village or local school district territory to adjoining district.
3311.24 [Effective 9/17/2014] Transfer of city, exempted village or local school district territory to adjoining district.
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) 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.
(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.
(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 Effective Date:
01-01-1958 Effective Date:
09-30-1975 (A)
Except
as provided under division (B) or (C) 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.
(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.
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)
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.
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 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;
(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
5705.211 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
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 (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.
(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.
(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 school facilities
commission.
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.
3311.27 [Repealed].
3311.28 [Repealed].
3311.29 District public schools to maintain all grade levels - dissolution of district - authorization of exceptions.
3311.30 to 3311.33 [Repealed].
3311.34 No exempted village school districts to be created.
3311.341 [Repealed].
3311.35 [Repealed].
3311.36 [Repealed].
3311.37 State board may propose creation of new district.
3311.38 [Effective Until 9/17/2014] State board may propose transfers of districts.
3311.38 [Effective 9/17/2014] State board may propose transfers of districts.
3311.40 [Repealed].
3311.50 County school financing district.
3311.51 Creation of special education districts - disposition of county school financing district tax levy proceeds.
3311.52 Establishment of cooperative education school district - dissolution of county school financing district.
3311.521 Cooperative education school district for purpose of operating joint high school.
3311.53 Resolution proposing to become part of cooperative education school district.
3311.54 Resolution requesting dissolution of cooperative education district.
3311.60 Creation of position of independent auditors in certain school districts.
3311.61 Afirmation by electors.
3311.71 Members of new municipal school district board to be appointed by mayor - candidates selected by nominating panel.
3311.72 Submission of resignations by current administrators.
3311.73 Election on whether mayor shall continue to appoint board members - election of new board.
3311.74 Goals and accountability standards - plan to measure student academic performance - report - public awareness campaign.
3311.741 Measuring performance of municipal school district.
3311.742 Municipal school district student advisory committees.
3311.75 Funds kept separate - purchases.
3311.751 Disposition of proceeds from sale of real estate by municipal school district.
3311.76 Rule exemptions.
3311.77 Laws governing municipal school districts; teacher contracts.
(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) Whether the teacher or principal is a highly qualified 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 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 is a highly qualified teacher, as defined in section 3319.074 of the Revised Code;
(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 the effective date of this section. 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.
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.
(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.
(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;
(4) Financial reasons;
(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.
(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.
(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) If an alliance is created under this section, the alliance shall do all of the following:
(1) 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;
(2) Confirm and monitor implementation of the transformation alliance education plan;
(3) Suggest national education models for and provide input in the development of new municipal school district schools and partnering community schools.
(E) Divisions (E)(1) to (3) of this section apply to each community school sponsor that is subject to approval by the department of education under section 3314.015 of the Revised Code whose approval under that section is granted or renewed 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 or granted anew 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 application and shall make a recommendation 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.
(G) The authority to establish an alliance under this section expires on January 1, 2018. Any alliance established under this section is terminated, and any related authority granted to the alliance under this section expires on that date.
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) 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.
(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.
(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.
(G) The authority to establish an alliance under this section expires on January 1, 2018. Any alliance established under this section is terminated, and any related authority granted to the alliance under this section expires on that date.
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.