Professional Report

CONTRACT, TERMINATE

3319.16

The contract of a teacher cannot be terminated except for good and just cause. The provisions of this section of law relating to the grounds and procedures for termination will prevail over any conflicting provisions of a collective bargaining agreement.

3319.081

Likewise, a board can also terminate a contract of a non-teaching employee.

3313.33 OAG 05-033

CONTRACTING POWERS OF THE BOARD

An Attorney General’s opinion suggests that a board is not empowered to delegate to its superintendent the authority to enter into contracts on behalf of the board. However, the board at a regular or special meeting “may lawfully ratify and adopt any contract made in the name of the governing board by its superintendent.”

Also addressed are conflicts of interest and exceptions to those conflicts.

CONTRACTING TRANSPORTATION SERVICES

3319.0810

Non-civil service districts may terminate any of its regular transportation staff “for reasons of economy and efficiency” if it elects to enter into a contract with an independent agent to provide the transportation services, provided that the district meets six basic conditions: 1) Collective bargaining agreement with unit representing transportation staff has expired or will expire within 60 days; 2) Board permits any transportation staff member whose position is terminated to fill any vacancy for which the person is qualified; 3) Board permits staff person whose position is terminated to return to former position if it is reinstated within one year of the termination (if collective bargaining does not prohibit); 4) Board permits employee whose position is terminated but who is not given another position or reinstated to file appeal under ORC 119.12; 5) Contract between board and independent agent contains a provision requiring the agent to consider hiring any person whose position was terminated; and 6) Contract between board and independent agent contains stipulation requiring agent to recognize for purposes of employee representation the union which represented the employees at the time of the termination of the positions if a majority of the employees in bargaining unit agree to the representation and if such representation is legal. 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. A board of education may cooperate with other public officers in providing educational, social, civic, and recreational activities (including joining a recreation district). If the “recreation district” taxes, then a vote

CONTRACTORS AND BACKGROUND CHECKS

3319.392

COOPERATION WITH OTHER OFFICIALS

3313.59

755.18