Professional Report

For a description of “What’s New” click here

The Management Guide for School Leaders

2016 Edition Edited by Thomas P. Ash, Director of Governmental Relations

Buckeye Association of School Administrators R. Kirk Hamilton, Ph.D., Executive Director

©Buckeye Association of School Administrators, Columbus, Ohio (2015)

January 2016

Congratulations! You've made a smart professional choice by ordering The Management Guide for School Administrators .

You now join hundreds of school administrators throughout the state of Ohio who use The Management Guide for School Administrators as their first reference source when they have a question about a specific area of school operations. The Management Guide for School Administrators is similar to a board of education policy manual in that it will never be complete. New information will need to be added, current references will need to be updated, and pages will need to be replaced as new laws and regulations are enacted and administrative practices change. Those who subscribe to the electronic version will find a fully searchable document, as well as numerous links to aid you in navigating the document. I would also encourage you to read the next page to review What’s New in this year’s edition. This is why BASA provides an annual update service to keep your management guide full of the most current information available. As your state association, we want to keep you at the top of your profession.

The Management Guide for School Administrators has been published since 1975 and is the result of the hard work and dedication of your fellow BASA members and the BASA staff.

If you have any comments or suggestions about The Management Guide for School Administrators , please call the BASA office. We welcome your ideas for improvement.

Again, congratulations on your smart professional choice.

Sincerely,

R. Kirk Hamilton, Ph.D. BASA Executive Director

Buckeye Association of School Administrators * 8050 North High Street, Suite 150* Columbus, OH 43235 Phone: 614-846-4080 * Fax: 614-846-4081 * Web: www.basa-ohio.org

What’s New!

All Ohio Revised Code references and interpretative information have been updated to reflect the changes made in legislation through fiscal year 2015. This includes changes to the Ohio Teacher Residency Program, revision of the state’s academic distress laws, and the comprehensive changes made by Ohio’s latest budget bill (Am. Sub. HB 64).

All of the Ohio Revised Code citations are listed next to their topics, which appear in alphabetical order.

A new schedule of reappraisals and updates has been added.

The information on school district income taxes has been updated to include additional districts which have passed income tax issues.

BASA Legal Counsel Bricker & Eckler’s latest Election Filing Deadlines has been added, as well as an update to the Mandatory Postings.

Special attention is directed to the Appendix Section. Over fifty separate resources are available in this section, and they include such new information as new graduation requirements and updates to the Superintendent’s Calendar, the 3 rd Grade Reading Guarantee Manual, and College Credit Plus rules (as of January 1, 2016).

A PPENDICES

A – OHIO ETHICS LAWS AND RULES

A-1 – OHIO REVISED CODE – CHAPTER 102 A-2 – OHIO ADMINISTRATIVE CODE – CHAPTER 102

B – OHIO ETHICS COMMISSION FINANCIAL DISCLOSURE FACT SHEET

C – OHIO ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENT – 2014 (BLANK FORM)

D – PUPIL TRANSPORTATION

D-1 – OHIO PUPIL TRANSPORTATION OPERATION AND SAFETY RULES D-2 – SUMMARY OF CHANGES TO OHIO PUPIL TRANSPORTATION AND SAFETY RULES

E – GUIDANCE ON CRIMINAL CONVICTIONS FOR BUS DRIVERS (OAC RULE 3301-83-23)

F – QUALIFICATION CHART FOR ON-VEHICLE SCHOOL TRANSPORTATION STAFF

G – FREQUENTLY ASKED QUESTIONS ABOUT DRIVER QUALIFICATIONS

H – PROFESSIONAL CONDUCT

H-1 – LICENSURE CODE OF PROFESSIONAL CONDUCT H-2 – CODE OF CONDUCT FREQUENTLY ASKED QUESTIONS

I – PROPERTY TAX INFORMATION BY DISTRICT (2014)

J – GUIDE TO OHIO’S SCHOOL DISTRICT INCOME TAX

K – LIST OF OHIO’S SCHOOL DISTRICT INCOME TAX LEVIES (2016)

L – SCHOOL DISTRICT INCOME TAX RESOLUTION REQUIREMENTS

M – ROBERT’S RULES OF ORDER MOTIONS CHART

N – LINE-BY-LINE FORMULA EXPLANATION (FY 2016 AND 2017)

O – FLEXIBLE CREDIT INFORMATION

O-1 - CREDIT FLEXIBILITY – SCHOOL FUNDING WITH FAQS O-2 - CREDIT FLEXIBILITY – DESIGN AND SELECTION OF ASSESSMENT INSTRUMENTS O-3 - CREDIT FLEXIBILITY GUIDANCE: ATHLETIC ELIGIBILITY

O-4 - CREDIT FLEXIBILITY: WHO PAYS THE COSTS? O-5 - CREDIT FLEXIBILITY FUNDING FLOW CHART O-6 - CAREER-TECHNICAL EDUCATION CREDIT FLEXIBILITY GUIDANCE O-7 - CREDIT FLEXIBILITY GUIDANCE: GIFTED EDUCATION O-8 - CREDIT FLEXIBILITY GUIDANCE: STUDENTS WITH DISABILITIES

P – PUBLIC RECORDS LEGAL CITATIONS

Q – MANDATORY AND PERMISSIVE POLICIES

R – EDUCATOR LICENSING AND EDUCATION PROGRAMS (OHIO ADMINISTRATIVE CODE CHAPTER 3301- 24)

S – FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) AND PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)

S-1 GENERAL OVERVIEW OF FERPA S-2 GENERAL OVERVIEW OF PPRA S-3 FERPA NOTIFICATION

S-4 MODEL NOTICE FOR DIRECTORY INFORMATION S-5 PPRA MODEL NOTICE AND CONSENT/OPT-OUT S-6 MODEL NOTIFICATION OF RIGHTS UNDER PPRA S-7 FERPA FAQS FOR SCHOOL OFFICIALS

T – OHIO’S GRADUATION REQUIREMENTS T-1 GRADUATION REQUIREMENTS FOR 2018 AND BEYOND T-2 NEW TESTING FOR STUDENTS FORMERLY REQUIRED TO TAKE OHIO GRADUATION TEST (OGT)

U – STANDARDS FOR LICENSURE AND EMPLOYMENT OF INDIVIDUALS WITH CRIMINAL CONVICTIONS

V – ELECTION FILING DEADLINES (PREPARED BY BRICKER & ECKLER)

W – THE BASA LEGAL ASSISTANCE FUNDING AMOUNTS

X – TESTIFYING BEFORE A LEGISLATIVE COMMITTEE

Y – BACKGROUND CHECKS – FREQUENTLY ASKED QUESTIONS

Z – SCHEDULE OF REAPPRAISALS AND UPDATES

AA – OHIO SCHOOL DISTRICT STATE AND FEDERAL INCOME FOR TAX YEAR 2014

BB – OHIO SCHOOL DISTRICT INCOME DISTRIBUTIONS CY 2013

CC – REQUIRED POSTERS AND POSTINGS FOR SCHOOL DISTRICTS

DD – SUPERINTENDENT’S CALENDAR

EE – FISCAL CAUTION, WATCH, AND EMERGENCY EE-1 SUMMARY OF REQUIREMENTS FOR FISCAL CAUTION EE-2 SUMMARY OF REQUIREMENTS FOR FISCAL WATCH EE-3 SUMMARY OF REQUIREMENTS FOR FISCAL EMERGENCY

FF – OPERATING FUNDS TAX OPTIONS

GG – ODE THIRD GRADE READING GUARANTEE MANUAL

HH – COLLEGE CREDIT PLUS GUIDANCE DOCUMENT (FROM OHIO DEPARTMENT OF HIGHER EDUCATION ON OCTOBER 10, 2014)

II – COLLEGE CREDIT PLUS GUIDANCE WITH RULES (JANUARY 9, 2015)

JJ – COLLEGE CREDIT PLUS FAQ (ISSUED EARLIER)

KK – OHIO TEACHER EVALUATION SYSTEM 2015 MODEL (POSTED ON DECEMBER 22, 2015)

The brief descriptions of the statutes will serve as a quick reference as you use one of the commercially published legal guides to school law to find the full text of the statute. However, in no case is the brief summary in the middle column a substitute for the advice of competent legal counsel.

For the purposes of this section, the term board of education also includes the governing board of an educational service center, except where noted.

All references in the far right column are to the Ohio Revised Code unless otherwise noted (e.g., OAG refers to opinions of the Ohio Attorney General; OAC refers to the Ohio Administrative Code).

ABATEMENT, TAX

5709.40 5709.41 5709.73 5709.78

Any legislative authority that enters into a tax increment financing (TIF) hold harmless or payment in lieu of taxes (PILOT) agreement to compensate a school district for foregone tax revenue must equally compensate the appropriate joint vocational school district.

5709.82

The same is true for the owner of property that enters into TIF agreements or a PILOT.

5709.83

The required notice to the JVSD is now 45 days before adopting the TIF resolution if the school district received a 45-day notice.

ABSENCE, PARENTAL NOTICE OF STUDENT

3313.205

Boards of education must adopt written policy to notify a student’s parent(s) “within a reasonable time” if it is determined that the child is absent from school. The parent is required to provide a current address and a telephone number at which the parents can receive notice of the student’s absence. No board of education can withhold the records of any student for whom a complaint has been filed at any time with a juvenile court alleging that the child is abused, neglected, or dependent or if the child has been adjudicated as abused, neglected, or dependent. The district responsible for sending the records may request a copy of the court order regarding the child’s custody or placement but may not withhold the student’s records pending receipt of that copy. An academic distress commission shall be appointed by the superintendent of public instruction for each school district that receives an overall grade of “F” on the state report card for three consecutive years. In addition, a new academic distress commission will replace an existing commission in any district which has been in academic distress for more than four years, as of October 15, 2015. The commission serves primarily in an advisory, rather than direct leadership role. Each commission is required to appoint a chief executive officer (CEO) who then has “complete operational, managerial, and instructional control” of the district. Progressive consequences for districts remaining subject to the academic distress commission include possible changes to collective bargaining agreements and the appointment of the board of education by the mayor of the community. In addition to the authority to close or reconstitute schools, the CEO would also have additional powers and duties including, but not limited to: (1) Replacing school administrators and central office staff;

ABUSED, NEGLECTED, AND DEPENDENT CHILDREN, RECORDS OF

3313.642

ACADEMIC DISTRESS COMMISSION

3302.10

(2) Assigning employees to schools and approving transfers; (3) Hiring new employees; (4) Defining employee responsibilities and job descriptions; (5) Establishing employee compensation; (6) Allocating teacher class loads; (7) Conducting employee evaluations; (8) Making reductions in staff; (9) Setting the school calendar; (10) Creating a budget for the district; (11) Contracting for services for the district; (12) Modifying policies and procedures established by the district board; (13) Establishing grade configurations of schools; (14) Determining the school curriculum; (15) Selecting instructional materials and assessments; (16) Setting class sizes; and (17) Providing for staff professional development. The commission may create an entity known as a “high quality school accelerator,” which would be responsible for recruiting “high quality” sponsors for community schools and attracting new “high quality” schools. Students enrolled in any district subject to an academic distress commission becomes automatically qualified for an Educational Choice Scholarship. When the district receives an overall grade of "C" or higher on the state report card, it begins the transition period to move out of being subject to an academic distress commission. This period continues until the district has received an overall grade higher than "F" on the state report card for two consecutive school years, not including the year that initiates the transition. During the transition period, the CEO retains all powers and must work closely with the district board and district superintendent to increase their ability to resume control of the district and to sustain its academic improvement over time. The act requires the CEO to relinquish all control of the district to the district board and superintendent upon completion of the transition. At that point, the academic distress commission is dissolved. If at any time during the transition period the district receives an overall grade of "F," the district must return to being fully subject to the academic distress commission provisions and control by the CEO until its performance improves enough to again trigger a new transition period. A board of education must adopt a policy governing the conduct of academic prevention/intervention services for all schools within the district and annually update that policy. The policy must include procedures for using diagnostic assessments, a plan for using these assessment results in classroom-based intervention, procedures for the regular collection of student performance data, and procedures for using student performance data to assess the effectiveness of intervention services. The CEO must also, in consultation with a group of community stakeholders, create an academic improvement plan.

ACADEMIC PREVENTION/ INTERVENTION SERVICES, POLICY REGARDING

3313.6012

Districts must provide prevention/intervention services in the appropriate areas for students: scoring below the proficient level on any of the

required achievement tests; or scoring below grade level as a result of a diagnostic assessment.

ACADEMIC SANCTIONS

3302.12

If a school is ranked in the lowest 5% of all schools in the state on the annual performance index and meets any combination of the following conditions for three consecutive years:  the school is in either academic watch or academic emergency;  the school has received a grade of “F” for the value-added progress dimension;  the school has received an overall grade of “F”, then the district board of education must: 1)close the school and reassign the students to other schools; 2)contract with another regular public school district or non-profit or “for profit” entity with a demonstrated record of effectiveness to operate the school; 3)replace the school’s principal and teaching staff, exempt the school from board rules on curriculum and instruction (if requested by the new principal), and provide funding at least equal to the district’s per pupil funding; or 4)reopen the school as a conversion community school. If the Board has adopted a policy on the suspension of administrative contracts, it may suspend contracts in accordance with that policy. Ohio law specifically recognizes “financial conditions” of the district as one of the authorized reasons for the contract suspensions. The policy (which must address such issues as reasons for suspension, order of suspension, and restoration rights) must be developed from input from the superintendent and all administrators. Other administrative personnel include: pupil services employees (but not school counselors); administrative specialists or “an equivalent of either one” so long as they spend less than 50% of their time teaching or working with students; any non-licensed employee considered a supervisor or management level employee (see ORC 4117.01); and a business manager. While the law specifically excludes assistant superintendents, principals, and assistant principals from the definition of “other administrators,” those positions are treated almost identically when it comes to such issues as evaluation, contract renewal, and reductions in force. Administrative personnel must be evaluated once annually in the years in which their contracts are not expiring and twice during the year that their contract does expire. A copy of the first evaluation must be provided to the employee at least sixty days prior to the date on which the Board takes action on the contract. A copy of the final evaluation (containing the superintendent’s recommendation for renewal or nonrenewal of the contract) must be provided to the employee at least five days prior to the board’s action on the contract. The procedures for the evaluation of administrators shall be based on principles comparable to the teacher evaluation policy found in ORC 3319.111. A restructured school cannot be required to restructure again for three consecutive years after the implementation of the prior restructuring. Please see also SAFE HARBOR below.

ADMINISTRATOR CONTRACT SUSPENSION

3319.171

ADMINISTRATORS DEFINITION AND EVALUATION, OTHER

3319.02

In addition, administrators must receive notice of an opportunity to meet with the Board prior to the Board’s action on the renewal or non-renewal

of their contracts. Failure to observe this evaluation process will result in a new contract of one year (for those who have been employed as administrators in the district for less than three years) or for two years (for those who have been employed in the district as administrators for three or more years). The deadline for the written notice of nonrenewal of a contract under this section is June 1. A new contract may be approved at any time during the calendar year preceding an existing contract’s expiration date or until June 1 of the year that the contract expires. If a student seeking admission to a school which the pupil is eligible to attend, no school official can admit the student until the special reports identified in ORC 5139.51 have been received by the district superintendent of schools. When a student is newly enrolled in any school operated by a city, exempted village, or local school district, the school official responsible for admissions must provide to the parent a copy of the most recent report card, issued pursuant to ORC 3302.03. Advanced standing programs replaced the term “dual enrollment programs.” Advanced standing programs includes International Baccalaureate (IB), College Credit Plus, and Advanced Placement (AP) courses, and for Early College High School programs. 1)Process used by colleges in awarding college credit for such courses, including the minimum scores required for the credit; 2)Availability of AP and IB courses, including online courses; 3)Availability of waivers for tuition and fees related to such courses; and 4)Benefits of earning college credit through AP and IB. If approved by the State Superintendent of Public Instruction, a career technical center may offer an approved program of instruction for adults leading to a high school diploma issued by the State Board of Education if the student completes the requirements for the diploma, as specified in rules adopted by the State Superintendent. The CTC will receive a payment for that adult student as calculated by the department based on that student’s career pathway training program and work readiness training. Newspapers are required to establish a “government rate” for the publication of legal notices. This rate cannot exceed the lowest classified advertising rate and lowest insert rate paid by other advertisers. (The newspaper is one of “general circulation” within the school district.) If law requires a school district to publish a legal notice two or more times in a newspaper of general circulation and if the law requiring the publication refers to ORC 7.16 the school district may: 1) publish the first notice or advertisement in its entirety in the newspaper of general circulation; and publish a second abbreviated notice or advertisement on the state’s public notice website. (Publication on the district’s website would be secondary.) Districts are required to provide for students in grades 8 to 11 specified information on AP and IB courses and exams, including:

ADMISSION OF PUPIL RELEASED FROM DEPARTMENT OF YOUTH SERVICES

3313.672

ADMISSION OF STUDENTS

3313.6411

ADVANCED STANDING PROGRAMS

3313.6013

ADULT DIPLOMA PROGRAM

3313.902

ADVERTISEMENT, LEGAL

7.12

7.16

Any further publication could be eliminated if: 1) the abbreviated legal notice is published in the same newspaper as the original notice and on that newspaper’s website (if it has one); 2) the abbreviated notice includes a title, a summary paragraph clearly describing the specific purpose of the notice, and a statement that the notice is posted in its entirety on the state public notice website; and 3) the abbreviated notice includes the links to the state public notice website and to the newspaper’s and school district’s websites, if published on those websites, as well as the name, address, telephone number, and email address of the entity responsible for the legal notice. A student being admitted to a school must present a certification of birth and school records from the last attended school. (If applicable, a copy of any custody order or power of attorney or caretaker authorization could also be required.) Within 24 hours of the child’s entry into school, a “school official” must request the pupil’s official records from the school most recently attended. If that school has no records, or if the records are not received within 14 days, or if the family does not present evidence of the certification of birth, the principal of the school must notify the local law enforcement agency with jurisdiction of the possibility that the child may be a missing child. However, a school cannot deny admission to a child placed in a foster home or residential facility solely because the child cannot present proof of date of birth at the time of admission. Under such circumstances, the child’s parent, custodian, or guardian must provide that proof within 90 days after the child’s initial entry into the school. The superintendent of a city, exempted village, local, or joint vocational school district may issue an age and schooling permit (often referred to as a “work permit”). 1)Is not addicted to any habit that would detract from the child’s “reliability or effectiveness; 2)Is able to read, write, and perform fundamental mathematical operations (if a resident of the district for the last two years; 3)“Diligently attended” the previous school district and the current school district since enrolling (if a resident less than two years); 4)Has enrolled in the district since the beginning of the last school term and “instruction adapted to the child’s needs is not provided or available” in the district; or 5)Must provide for the child’s own support or for support for parents or siblings but such support cannot be rendered outside of regular school hours. (This final condition cannot be given without the written consent by the juvenile judge and by the department of job and family services. In addition, the following documents are also required: a pledge of the employer; evidence of a physical examination showing that the child is fit for the proposed employment; and documentation of the age of the child. A child who receives an age and schooling certificate under any of the above conditions (and until July 1, 2016) must “diligently attend,” in addition to part-time classes, evening classes that may be available to the child for “literacy, citizenship, or vocational preparation.” If classes Until July 1, 2016, the superintendent may issue the certificate under the following conditions, which specify that the child:

ADMISSION RECORDS, REQUIRED STUDENT

3313.672

AGE AND SCHOOLING CERTIFICATES

3331.04

are not available, the child will complete reading and study assigned by the superintendent and report monthly to the superintendent.

The certificate is required for the employment of minors in most occupations with the most notable exceptions being work on a family farm or any employment by one’s parents. Beginning July 1, 2016, the superintendent may issue the certificate only to a child over sixteen years of age if the child and parent provide acceptable proof and a written agreement that the above conditions are met (except for attending classes) and that the child is enrolled in a competency-based instructional program to earn a high school diploma. The superintendent (or designee) can also revoke the certificate for noncompliance with legal requirements, the child’s physical condition, the failure to attend part-time classes (if required), or for other “sufficient cause.” Board may establish an alternative school, even one located within an existing, operating school. Boards may join to form joint alternative schools. A board may also contract with a nonprofit or for profit entity to operate the alternative school. However, such an alternative school operated by an outside entity can include only grades six through twelve and accept only “disruptive and low-performing students.” School Districts are required to include in the requirements for promotion from the eighth grade to the ninth grade a one year course of study in American history. However, a board may waive this requirement for accelerated students who, in accordance with procedures adopted by the board, are able to demonstrate mastery of essential concepts and skills on the adopted eighth grade American history course of study. (For students entering ninth grade on or after July 1, 2017, at least one- half credit in the study of world history and civilizations will also be required for graduation.) It is required that, beginning with students entering ninth grade on or after July 1, 2012, instruction in American history and American government in the high school curriculum must include the study of the Declaration of Independence, the Northwest Ordinance, the U.S. Constitution with emphasis on the Bill of Rights, and the Ohio Constitution. In addition, the bill requires that study to include study of the documents in their "original context." It also specifies that "the role of documents such as the Federalist Papers and the Anti-Federalist Papers [be studied] to firmly establish the historical background leading to the establishment of the provisions of the Constitution and Bill of Rights." Students will be required to demonstrate their mastery of the content through end-of-course examinations in American history and American government, and 30% of that assessment must reflect the historical documents required for study for graduation. All such certificates are to be filed electronically with the Director of the Department of Commerce. Graduation requirements must include one-half unit each of American history and of American government.

3331.09

3331.01

ALTERNATIVE SCHOOLS

3313.533

AMERICAN HISTORY REQUIREMENT

3313.60

3313.603

While those assessments were being developed or identified, boards of

education were required to adopt by July 1, 2013 an interim end-of- course examination that complies with this requirement.

AMOUNT, FORMULA

3317.02

A per pupil "formula amount" is currently used to compute transfer payments for students attending community schools, STEM schools, other districts through open enrollment, and colleges and universities through the Post-Secondary Enrollment Options Program. The formula amount is set at $5,900 for fiscal year 2016 and $6,000 for fiscal year 2017. Community schools (except for digital schools) will also receive 25% of the per pupil amount of Tier 1 targeted assistance funds. If the board has adopted an annual appropriation, it may, “by general resolution, authorize the superintendent or other officer to appoint janitors, superintendents of buildings, and such other employees as are provided for in such annual appropriation resolution.” This applies to city, exempted village, local, and career-technical education planning districts (by inference, see Section 3311.19). A board of education may appropriate property in accordance with Sections 163.02 to 163.22 for technical training, administrative, storage, or other educational purposes. One Ohio district court of appeals has ruled that the commission collected by the clerk of courts for collecting and distributing the money in connection with a judgment obtained by a landowner in an “appropriations action” brought by a school district was a cost to be paid by the school district rather than subtracted from the landowner’s award. The board shall pass an annual appropriations measure on or before the first day of July and such supplemental appropriations as it finds necessary during the year when funds are available. The appropriations measure may be temporary until not later than October 1 of the current year. The Superintendent of Public Instruction and the Chancellor are required to select multiple assessments measuring college and career readiness, and districts must choose one of the assessments to administer to their students. The assessment is to be administered to all eleventh grade students in the spring of the school year. School districts cannot deny the opportunity for students to participate in interscholastic athletics solely because the student’s parents do not reside in Ohio, if the student resides in Ohio with the student’s grandparent, uncle, aunt, or sibling who has legal or temporary custody of the student or is the guardian of the student. The superintendent of the resident school district of a student may excuse that child from attendance in the event of bodily or mental conditions that do not permit attendance at school or in a special education program. Such excuses are only good for all or part of the school year in which they are issued. Superintendents are also authorized under limited circumstances to excuse a child for a limited period in order to perform necessary work directly and exclusively for the parents or legal guardians.

APPOINTMENT OF EMPLOYEES

3313.47

APPROPRIATE PROPERTY

3313.39

APPROPRIATIONS MEASURE, ANNUAL

5705.38

ASSESSMENTS, COLLEGE AND WORK READY

3301.0712

ATHLETIC ELIGIBILITY

3313.538

ATTENDANCE, EXCUSING A CHILD FROM

3321.04

ATTENDANCE OFFICER

3321.14

City and exempted village boards of education shall either employ an attendance officer or shall obtain these services from an educational

service center with which the district has a service agreement. Boards may also employ such assistant attendance officers as they deem advisable. ESC governing boards may employ attendance officers, whose authority may extend to all school districts served by the ESC under the service agreements. With “consent and approval of the judge of the juvenile court,” a probation officer may be appointed as an attendance officer or assistant for the ESC. In such cases, the travel expenses of probation officers appointed as attendance officers or assistants shall be paid by the ESC for those expenses that would not be incurred as probation officers. By law, it is the ESC superintendent who is charged with “directing” the work of the attendance officer and assistants. If the Auditor of State declares that a school district is unauditable, the district is required to submit an audit completion plan. Until the Auditor of State or a public accountant has completed a financial audit, the treasurer must be suspended (with or without pay). If the district fails to make progress to bring its accounts into an auditable condition, the Ohio Department of Education is required to cease making payments until it receives notice that a financial audit was completed. If a student’s school district which the child us entitled to attend has identified the child as autistic and has developed an Individualized Education Program (IEP) for the child, the student is eligible for an autism scholarship. The diagnosis of autism for this scholarship also includes children who have been diagnosed as having a “pervasive development disorder – not otherwise specified (PPD-NOS). The scholarship is intended for parents who use the funds for the child to attend a special education program that implements the child’s IEP and that is operated by an alternative public provider or by a private provider. The alternative public provider can be another public school district so long as it does not have a contract, compact, or other bilateral agreement for the operation of the program with the school district which the child is entitled to attend. The scholarship is equal to the lesser of the tuition charged by the provider or $27,000. (Partial years of enrollment will result in a prorated amount for the scholarship.) A child who is awarded the scholarship is counted in the formula ADM and the category six ADM of the district in which the child is entitled to attend school. The district that the child is entitled to attend is also responsible for implementing the transportation requirement specified in the IEP. Each time a district completes an evaluation for a child with a disability or undertakes the development, review, or revision of the child’s Individualized Education Program (IEP) the district must notify the parent by letter or electronic means of the possible availability of both the autism scholarship program and the Jon Peterson Special Needs Scholarship. The notice must include the telephone number of the office within the department of education responsible for administering the scholarship and the specific location of information regarding the scholarships on the department’s web site. For a student participating in the autism scholarship program, a school district must submit the student identifier number (or assign one if a code has not yet been issued) to the department of education or to the parent “in a manner specified by the department” if so requested by the

3321.15

AUDITS

3313.30

AUTISM SCHOLARSHIP[

3310.41

AUTISM SCHOLARSJIP NOTICE

3323.052

AUTISM SCHOLARSHIP PARTICIPANT STUDENT NUMBER

3310.42

department or by the parent.

AUTOMATED EXTERNAL DEFIBRILLATOR

3313.717

A board of education may require the placement of an automated external defibrillator in each school under its control. If it so rules, the board shall require that a “sufficient number” of staff completes an appropriate training course in the use of such equipment. However, any person may perform AED even without training in AED or cardiopulmonary resuscitation (although both are recommended). In addition, the defibrillator must be tested according to the manufacturer’s guidelines. In addition, a person performing AED must make a “good faith effort” to activate, or have another person activate, an emergency medical services system. Qualified immunity from civil liability is granted to those performing AED regardless of whether they have had training except in the case of willful or wanton misconduct. This immunity is also available for building owners for decisions regarding the placement, selection, or training made available. The average daily membership (ADM) is the actual enrollment within a school or district. The superintendent responsible for the district must certify to the state board on or before the last day of October, March, and June the enrollment of students receiving services from schools under the superintendent's supervision. This will form the basis for the formula ADM. Contractors are defined as employees of a private company providing “essential services” to a school district, educational service center, or chartered nonpublic school. If that person is not licensed by the state department of education and has “routine interaction” with a child or has regular responsibility for the care, custody, and control of a child, the contractor is subject to one of two requirements. Either the person must have passed a background check within the previous five years or must be accompanied by an employee of the school district. The superintendent or designee makes the determination whether the contractor is subject to the background check or to the presence of a district employee. The background check is required for all new employees. It also applies to those seeking initial licensure or renewal and to holders of professional or permanent certificates at least once every five years. Background checks normally involve fingerprint matching by the Bureau of Criminal Identification and Investigation (BCII) and by the Federal Bureau of Investigation (FBI). However, if the individual has previously been subject to the BCII background check and presents proof that he or she has been an Ohio resident for five years immediately preceding the date upon which the background check became required, only the FBI screening is required. The state auditor is authorized to select districts at random to audit certified ADM numbers.

3701.85

2305.235

AVERAGE DAILY MEMBERSHIP (ADM)

3317.03

3317.035

BACKGROUND CHECKS FOR CONTRACTORS

3319.392

BACKGROUND CHECKS FOR LICENSED EDUCATORS AND ALL EMPLOYEES

3319.291

If a license holder fails to submit to the background check by a date specified by ODE, the state superintendent shall send a written notice to the license holder to advise that the license will be “inactivated” if the person does not comply with the background check within fifteen days of the mailing of the letter. The inactivation remains in effect until the person submits fingerprints and written permission for the background check.

If a person holds more than one license, the following schedule will apply:

If a person holds multiple licenses of different duration, the person is responsible for the background check only when renewing the license of the longest duration. If a person holds multiple licenses of the same duration but with different expiration dates, the license holder designates one of the licenses as the “primary” license and notifies the department of education of this selection. The department of education can request a background check for the renewal of all of the licenses expiring on the same date. An individual hired by a school district or ESC to teach adult education is not required to have an additional background check if that person is being hired only for “short term employment” and if the person has had a background check within the last two years. The background check is also required for any person hired by a school district and not required to hold a license issued by the department of education. (However, bus drivers are covered by a separate section of law.) These non-teaching employees are also required to have the background check repeated at least once every five years, and the number of sets of prints submitted (i.e. one or two) is the same as for licensed employees covered under Ohio Revised Code section 3319.291. If an employee (other than a license holder) is convicted of or pleaded guilty to: a felony; a violation of ORC 2907.04 or 2907.06 or of division (A) or (B) of section 2907.07; an offense of violence, theft offense, or drug abuse offense that is not a minor misdemeanor; or a violation of a municipal corporation that is substantively similar to a felony, that individual is ineligible for employment in the school district barring rehabilitation. A person who has been found eligible for intervention in lieu of conviction or who has agreed to a diversion program is treated the same as if the person has been found guilty or had pleaded guilty. If a board of education “determines to build, repair, enlarge, improve, or demolish any school building” with an estimated cost of $25,000 or more, it must advertise and accept bids in accordance with the specifications that it will make available to prospective bidders. The advertising of the bids is in a newspaper of general circulation in the district for not less than two consecutive weeks. However, if the board posts the notice of the acceptance of bids on its web site, it may eliminate the second advertised notice so long as the first notice:  is published at least 2 weeks prior to the opening of bids;  includes a statement that the notice is posted on the district’s For a complete list of such disqualifying offense, please see Appendix R.

3319.39

3319.391

BARS TO EMPLOYMENT FOR NONTEACHING PERSONNEL

3319.20

BIDS, ADVERTISING FOR

3313.46

web site;  includes the district’s web site address; and  includes instructions for accessing the notice on the district’s internet web site.

One exception to this bid process is available. Please see ADVERTISEMENTS, LEGAL above.

There is also a special exception for energy conservation projects. (Please see ENERGY CONSERVATION PROJECTS below.)

BLIZZARD BAGS

3313.482

School districts can use “blizzard bags” to make up to the equivalent of three days per year if schools were closed for an allowable calamity, which are specified as “disease epidemic, hazardous weather conditions, law enforcement emergencies, inoperability of school buses or other equipment necessary to the school's operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use.” The “blizzard bag” consists of paper copies of lessons posted on-line for students to complete when school is closed and may be used in conjunction with on-line lessons. Blizzard bag assignments must be submitted within two weeks of the re-opening of school following the calamity day. Deadlines for developing a plan are similar to those for on-line lessons except that the superintendent will determine a specific deadline (or prior to any school closure) for the distribution of “blizzard bags.” Districts wishing to utilize either blizzard bags or online lessons are required to file a Board of Education resolution and plan with the Ohio Department of Education prior to August 1 preceding the school year.

See CALAMITY DAYS below for additional information.

BOARD MEMBER HEALTH INSURANCE BOARD OF EDUCATION AUTHORITY TO ESTABLISH SPECIAL SCHOOLS OR CLASSES

3313.202 3313.33

A board member may participate in the district’s insurance program at the member’s expense.

Under Ohio law, boards of education are authorized to establish several different types of schools or classes to meet the needs of their residents. Among those specifically authorized under law are:

3313.52

Evening schools;

3313.533

Alternative schools;

3313.531

Adult high school continuation programs;

3313.54

Americanization school; and

3313.55

Education for epileptic children served by state, district, county, or municipal hospital within school district boundaries unless 60% of the served children reside in a single school district in the same or an adjacent county. Local and exempted village boards shall consist of five members elected at large who shall be electors residing in the district. In 1997, the Ohio Attorney General issued an opinion which advised that a high school student could serve on a board of education even if he or she attends school under the jurisdiction of that board. Naturally, he or she would be subject to applicable conflict of interest statutes.

3313.01

BOARD OF EDUCATION- MEMBERSHIP

City boards shall consist of not less than three nor more than five members elected at large in districts of less than 50,000 persons. In city districts of 50,000 or more but less than 150,000 persons, the board shall consist of not less than two nor more than seven members elected at large and not more than two members elected from sub-districts. In cities of 150,000 or more, the board shall consist of not less than five nor more than seven members elected at large. (Legislation in 1997 provided for a method whereby a mayor could appoint the board of education in a “municipal school district.” However, a “municipal school district” is one that is, or has been, under a federal court order that requires supervision by the State Superintendent of Public Instruction.) For joint vocational school districts, when composed only of two or more districts located in one county or when all the districts are in one county and the boards of these districts so choose, the educational service center board may serve as the joint vocational district board. In such an instance, the ESC superintendent becomes the JVSD superintendent. However, it does not appear that a second contract as JVSD superintendent would be issued although additional compensation is authorized. Where the vocational district is composed of local districts of more than one county, or of any combination of districts, and unless the districts have chosen the county board for administration, the joint vocational board shall be composed of one or more persons who are members from each participating county, city, and exempted village board of education. The number and terms of the members shall be determined in the joint vocational school district plan...provided that each joint vocational school district board of education shall be composed of an odd number of members. Where a joint vocational board of education is composed of elected city and exempted village board of education members and members of the governing board of an educational service center, the board can submit a plan to replace ESC board members with members of a local board of education or to add members from local boards of education. This plan must be approved by the joint vocational district board of education, a majority of the local boards of education included within the JVS, each educational service center governing board affected by the plan, and ultimately the state board of education. When there is an even number of districts within a joint vocational school district, one member is to be appointed on a rotating basis among the member districts for a term of one year. In cities of 50,000 but less than 150,000, boards, which have elected to have sub-districts, must redistrict within three months after the announcement of federal census results. In any city district, 10% of the electors may initiate a petition asking electors “what shall be the number of members and what shall be the organization of the board...?”

3313.02

3311.19

3311.191

BOARD OF EDUCATION SUBDISTRICTS IN CITY SCHOOL DISTRICTS

3313.03

3313.04

3313.05

Submission of organization plan to electors following petition.

BODY MASS INDEX (BMI) SCREENING

3313.674

A board of education of each city, exempted village, or local school district may require each student in grades kindergarten, three, five, and nine to undergo a screening for body mass index and weight status. School district staff may perform the screening, or the board may

contract with another entity for this service. Another option is for the board to request that the parent obtain the screening from another provider selected by the parent.. The board must provide information about the screening to the parents of all students subject to the screening. The children of parents submitting a written statement indicating that they do not wish their children to be screened are not subject to the screening. As a result of the screening, the district must notify the parent of each child screened of any health risks associated with the results of the screening of that student and provide a list of resources that appropriately address those risks. Results of the screening are to be reported to the state’s director of health as aggregated data for the entire district (i.e. not individual schools) on the body mass index and weight status category. The department of health may then publish the data aggregated by county. Inducing panic involves initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe when the offender knows that the report or warning is false and when the public place involved in the violation is a school. In such instances involving schools, inducing panic is a felony of the second degree. A board of education may submit requests to its electors for permission to issue bonds for acquiring or constructing permanent improvements. Following calculation by the county auditor of the estimated annual tax required to retire the bonds (expressed in dollars and cents and in millage), a board of education must file its resolution with the county board of elections for the next general or primary election to be held not less than 90 days and not more than 110 days after the date of the adoption of the resolution. If instead the issue is to be considered at a special election, the resolution must be adopted not less than 90 days before that special election. The board of elections must publish a notice of the election at least once in a newspaper of general circulation in the district no later than ten days prior to the election. For Ohio Construction Facilities Commission (OCFC) projects, the proposed bonds may be issued in more than one series in order to “phase in” millage at the times that the borrowed money will actually be needed. These sections of law prescribe the ballot language for both the single and multiple series of bond issues. A board of education may propose a bond issue to its electors for the purpose of making permanent improvements. The resolution specifies the amount of the bond issue, estimated rate, and maximum number of years and must be filed with the county auditor, who “promptly shall estimate and certify” the average annual tax rate required through the maturity of the bonds to pay debt charges on the bonds. Upon receipt of the auditor’s certification, the board must adopt a resolution placing the issue on the ballot and identifying the date of the special election for voters to consider the bond issue and tax. The special election cannot be earlier than 90 days after certification of the resolution to the board of education.

BOMB THREATS, PENALTY FOR

2917.31

BONDS

133.18

3318.06 3318.062

BONDS, GENERAL OBLIGATION

5705.218

The board of elections must publish a notice of the election in a

newspaper of general circulation within the school district once each week for two consecutive weeks prior to the election.

As an alternative, the board of elections may provide an abbreviated form of the notice for the second notice if the notice includes an address for the web site of the newspaper, the school district, and the state’s public notice web site. Any notice published on one of these web sites shall be published in its entirety. A board of education may borrow money and issue notes in anticipation of the collection of current tax revenue. For current expense levies for a fixed period of time, the tax anticipation notes are limited to 50% of the anticipated proceeds for the remaining life of the levy (less an amount if previous tax anticipation notes were issued.) For continuing levies, the amount is limited to 50% of the estimated proceeds for the first ten years. However, the notes must be issued between Election Day and the date of the first tax collection of the new levy. For levies other than current expenses, the tax anticipation notes can be issued at any time after the election. The boards of education of any two or more school districts may, subject to the approval of the superintendent of public instruction, enter into agreements for the joint or cooperative construction, acquisition, or improvement of any building, structure, or facility benefiting the parties. A board of education shall prescribe rules and regulations for the occupancy of school houses that will secure a fair, reasonable and impartial use. Also, the board shall adopt a policy for the use of “school premises” by the “general public.” Fees may be charged. “School premises” are all indoor and outdoor structures, facilities, and land owned, rented, or leased by a school or school district. The “general public” is defined as members of the community, including students during non-school hours and school employees when not working in their scope of employment. A board of education may rent or lease facilities under its control to any public or nonpublic institution of higher education so long as the rental or lease does not interfere “with the public schools of the district” nor is for any purpose other than what is authorized by law. Boards may build, enlarge, repair, and furnish schoolhouses, purchase or lease sites to be used as playgrounds, or rent suitable schoolrooms either within or without their districts. If the board enters into a lease-purchase agreement, such agreement shall be for a series of one-year renewable leases which together will not exceed thirty years. The agreement shall provide that, at the end of the series of leases, the title to the property shall be vested with the school district or educational service center. The lease agreement may provide the payment of a lump sum payment as a condition for obtaining title to the leased property. A governing board of an educational service center may acquire, lease, lease-purchase, or enter into a contract to purchase, lease or lease- purchase, or sell real and personal property and may construct, enlarge, repair, renovate, furnish, or equip facilities for ESC purposes. A board of county commissioners may issue securities (i.e., raise debt) for an ESC to acquire facilities if the ESC agrees to pay an amount equal to the debt charges.

BORROWING

133.30 5705.194 5705.21

BUILDING PROGRAMS, COOPERATIVE

3327.92

BUILDINGS BY OUTSIDE GROUPS, USE OF

3313.75 through 3313.79

BUILDINGS, CONSTRUCTION REPAIR, FURNISHING OF

3313.37 3313.375