Effective: October 1, 2012
Latest Legislation: Senate Bill 316, House Bill 525 - 129th General Assembly
(A)(1) As used in this section, "other administrator" means any of the following:
(a) Except as provided in division (A)(2) of this section, any employee in a position for which a board of education requires a license designated by rule of the department of education for being an administrator issued under section 3319.22 of the Revised Code, including a professional pupil services employee or administrative specialist or an equivalent of either one who is not employed as a school counselor and spends less than fifty per cent of the time employed teaching or working with students;
(b) Any nonlicensed employee whose job duties enable such employee to be considered as either a "supervisor" or a "management level employee," as defined in section 4117.01 of the Revised Code;
(c) A business manager appointed under section 3319.03 of the Revised Code.
(2) As used in this section, "other administrator" does not include a superintendent, assistant superintendent, principal, or assistant principal.
(B) The board of education of each school district and the governing board of an educational service center may appoint one or more assistant superintendents and such other administrators as are necessary. An assistant educational service center superintendent or service center supervisor employed on a part-time basis may also be employed by a local board as a teacher. The board of each city, exempted village, and local school district shall employ principals for all high schools and for such other schools as the board designates, and those boards may appoint assistant principals for any school that they designate.
(C) In educational service centers and in city, exempted village, and local school districts, assistant superintendents, principals, assistant principals, and other administrators shall only be employed or reemployed in accordance with nominations of the superintendent, except that a board of education of a school district or the governing board of a service center, by a three-fourths vote of its full membership, may reemploy any assistant superintendent, principal, assistant principal, or other administrator whom the superintendent refuses to nominate.
The board of education or governing board shall execute a written contract of employment with each assistant superintendent, principal, assistant principal, and other administrator it employs or reemploys. The term of such contract shall not exceed three years except that in the case of a person who has been employed as an assistant superintendent, principal, assistant principal, or other administrator in the district or center for three years or more, the term of the contract shall be for not more than five years and, unless the superintendent of the district recommends otherwise, not less than two years. If the superintendent so recommends, the term of the contract of a person who has been employed by the district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more may be one year, but all subsequent contracts granted such person shall be for a term of not less than two years and not more than five years. When a teacher with continuing service status becomes an assistant superintendent, principal, assistant principal, or other administrator with the district or service center with which the teacher holds continuing service status, the teacher retains such status in the teacher's nonadministrative position as provided in sections 3311.77, 3319.08, and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an assistant superintendent, principal, assistant principal, or other administrator at any regular or special meeting held during the period beginning on the first day of January of the calendar year immediately preceding the year of expiration of the employment contract and ending on the first day of June of the year the employment contract expires.
Except by mutual agreement of the parties thereto, no assistant superintendent, principal, assistant principal, or other administrator shall be transferred during the life of a contract to a position of lesser responsibility. No contract may be terminated by a board except pursuant to section 3319.16 of the Revised Code. No contract may be suspended except pursuant to section 3319.17 or 3319.171 of the Revised Code. The salaries and compensation prescribed by such contracts shall not be reduced by a board unless such reduction is a part of a uniform plan affecting the entire district or center. The contract shall specify the employee's administrative position and duties as included in the job description adopted under division (D) of this section, the salary and other compensation to be paid for performance of duties, the number of days to be worked, the number of days of vacation leave, if any, and any paid holidays in the contractual year.
An assistant superintendent, principal, assistant principal, or other administrator is, at the expiration of the current term of employment, deemed reemployed at the same salary plus any increments that may be authorized by the board, unless such employee notifies the board in writing to the contrary on or before the fifteenth day of June, or unless such board, on or before the first day of June of the year in which the contract of employment expires, either reemploys such employee for a succeeding term or gives written notice of its intention not to reemploy the employee. The term of reemployment of a person reemployed under this paragraph shall be one year, except that if such person has been employed by the school district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more, the term of reemployment shall be two years.
(D)(1) Each board shall adopt procedures for the evaluation of all assistant superintendents, principals, assistant principals, and other administrators and shall evaluate such employees in accordance with those procedures. The procedures for the evaluation of principals and assistant principals shall be based on principles comparable to the teacher evaluation policy adopted by the board under section 3319.111 of the Revised Code, but shall be tailored to the duties and responsibilities of principals and assistant principals and the environment in which they work. An evaluation based upon procedures adopted under this division shall be considered by the board in deciding whether to renew the contract of employment of an assistant superintendent, principal, assistant principal, or other administrator.
(2) The evaluation shall measure each assistant superintendent's, principal's, assistant principal's, and other administrator's effectiveness in performing the duties included in the job description and the evaluation procedures shall provide for, but not be limited to, the following:
(a) Each assistant superintendent, principal, assistant principal, and other administrator shall be evaluated annually through a written evaluation process.
(b) The evaluation shall be conducted by the superintendent or designee.
(c) In order to provide time to show progress in correcting the deficiencies identified in the evaluation process, the evaluation process shall be completed as follows:
(i) In any school year that the employee'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 employee no later than the end of the employee's contract year as defined by the employee's annual salary notice.
(ii) In any school year that the employee's contract of employment is due to expire, at least a preliminary evaluation and at least a final evaluation shall be completed in that year. A written copy of the preliminary evaluation shall be provided to the employee at least sixty days prior to any action by the board on the employee's contract of employment. The final evaluation shall indicate the superintendent's intended recommendation to the board regarding a contract of employment for the employee. A written copy of the evaluation shall be provided to the employee at least five days prior to the board's acting to renew or not renew the contract.
(3) Termination of an assistant superintendent, principal, assistant principal, or other administrator's contract shall be pursuant to section 3319.16 of the Revised Code. Suspension of any such employee shall be pursuant to section 3319.17 or 3319.171 of the Revised Code.
(4) Before taking action to renew or nonrenew the contract of an assistant superintendent, principal, assistant principal, or other administrator under this section and prior to the first day of June of the year in which such employee's contract expires, the board shall notify each such employee of the date that the contract expires and that the employee may request a meeting with the board. Upon request by such an employee, the board shall grant the employee a meeting in executive session. In that meeting, the board shall discuss its reasons for considering renewal or nonrenewal of the contract. The employee shall be permitted to have a representative, chosen by the employee, present at the meeting.
(5) The establishment of an evaluation procedure shall not create an expectancy of continued employment. Nothing in division (D) of this section shall prevent a board from making the final determination regarding the renewal or nonrenewal of the contract of any assistant superintendent, principal, assistant principal, or other administrator. However, if a board fails to provide evaluations pursuant to division (D)(2)(c)(i) or (ii) of this section, or if the board fails to provide at the request of the employee a meeting as prescribed in division (D)(4) of this section, the employee automatically shall be reemployed at the same salary plus any increments that may be authorized by the board for a period of one year, except that if the employee has been employed by the district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more, the period of reemployment shall be for two years.
(E) On nomination of the superintendent of a service center a governing board may employ supervisors who shall be employed under written contracts of employment for terms not to exceed five years each. Such contracts may be terminated by a governing board pursuant to section 3319.16 of the Revised Code. Any supervisor employed pursuant to this division may terminate the contract of employment at the end of any school year after giving the board at least thirty days' written notice prior to such termination. On the recommendation of the superintendent the contract or contracts of any supervisor employed pursuant to this division may be suspended for the remainder of the term of any such contract pursuant to section 3319.17 or 3319.171 of the Revised Code.
(F) A board may establish vacation leave for any individuals employed under this section. Upon such an individual's separation from employment, a board that has such leave may compensate such an individual at the individual's current rate of pay for all lawfully accrued and unused vacation leave credited at the time of separation, not to exceed the amount accrued within three years before the date of separation. In case of the death of an individual employed under this section, such unused vacation leave as the board would have paid to the individual upon separation under this section shall be paid in accordance with section 2113.04 of the Revised Code, or to the estate.
(G) The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for assistant superintendent, principal, assistant principal, and other administrator positions authorized under this section.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3319 | Schools - Superintendent; Teachers; Employees
Section 3319.01 | Superintendent of an Educational Service Center - Appointment and Duties.
Section 3319.011 | Superintendent Pro Tempore.
Section 3319.02 | Assistant Superintendents and Other Administrators.
Section 3319.03 | Business Manager.
Section 3319.031 | Assignment of Business Manager Functions.
Section 3319.04 | Business Manager - Powers and Duties.
Section 3319.05 | Compensation of Business Manager - Bond.
Section 3319.06 | Internal Auditor Authorized - Contract - Evaluation.
Section 3319.07 | Employment of Teachers.
Section 3319.071 | Professional Development Program for Teachers.
Section 3319.072 | Lunch Period for Teachers.
Section 3319.074 | Professional Qualifications of Teachers and Paraprofessionals.
Section 3319.075 | Use of Professional Development Standards.
Section 3319.076 | License Required to Teach Physical Education.
Section 3319.077 | Teacher Professional Development in Dyslexia.
Section 3319.078 | Structured Literacy Certification.
Section 3319.08 | Contracts for Employment or Reemployment of Teachers.
Section 3319.081 | Contracts for Nonteaching Employees.
Section 3319.082 | Annual Notice of Salary to Nonteaching School Employees.
Section 3319.083 | Notice of Intention Not to Re-Employ.
Section 3319.084 | Nonteaching School Employees - Vacation Leave and Vacation Credit.
Section 3319.085 | Military Leave for Nonteaching Employees.
Section 3319.086 | Standard Work Week.
Section 3319.087 | Paid Holidays.
Section 3319.089 | Using Work Experience Program Participants.
Section 3319.0810 | Contracting for Student Transportation Services.
Section 3319.0811 | Supplemental Contracts for Courses Taught Outside Normal School Day.
Section 3319.09 | Teacher Definitions.
Section 3319.10 | Employment and Status of Substitute Teachers.
Section 3319.11 | Continuing Service Status - Limited Contract - Notice of Intent Not to Re-Employ.
Section 3319.111 | Applicability of Section; Evaluating Teachers on Limited Contracts.
Section 3319.112 | Revision of Standards-Based State Framework for the Evaluation of Teachers.
Section 3319.113 | Standards-Based State Framework for Evaluation of School Counselors.
Section 3319.12 | Annual Notice of Salary to Be Paid Teacher - Transfer to Other Positions.
Section 3319.13 | Leave of Absence - Request - Employment of Replacement.
Section 3319.131 | Leaves of Absence for Professional Growth.
Section 3319.14 | Military Leave of Absence.
Section 3319.141 | Sick Leave.
Section 3319.142 | Personal Leave for Nonteaching Employees.
Section 3319.143 | Policy of Assault Leave.
Section 3319.15 | Termination of Contract by Teacher.
Section 3319.151 | Prohibition on Assisting Students in Cheating on Assessments.
Section 3319.16 | Termination of Contract by Board of Education.
Section 3319.161 | Appointing Referees for Contract Termination Cases.
Section 3319.17 | Reduction in Number of Teachers - Restoration.
Section 3319.171 | Administrative Personnel Suspension Policy.
Section 3319.172 | Reasonable Reductions in Nonteaching Employees.
Section 3319.18 | Status of Teachers Under Transfer or Consolidation.
Section 3319.181 | Civil Service Status of Nonteaching Employees in Transferred or New District.
Section 3319.21 | Contract Employing Relative as Teacher Void.
Section 3319.221 | Pupil Services Personnel Registration.
Section 3319.222 | Effect on Certificates Issued Before Change in Law.
Section 3319.223 | Ohio Teacher Residency Program.
Section 3319.224 | Contracts for Speech and Language or Audiology Services.
Section 3319.226 | Educator Licenses for Substitute Teaching.
Section 3319.227 | Teach for America Educator's License.
Section 3319.229 | Career-Technical Workforce Development Educator License.
Section 3319.2211 | Employment of Adult Education Permit Holder.
Section 3319.23 | License Required for Teaching American History and Government Content.
Section 3319.231 | Qualifications for Teaching Community Service Education.
Section 3319.232 | License for Teaching Students With Visual Disabilities.
Section 3319.233 | Educator License Requirements Beginning 7/1/2017.
Section 3319.235 | Integrating Educational Technology.
Section 3319.236 | Qualifications to Teach Computer Science.
Section 3319.237 | Courses to Teach in Grades Pre-K Through 5; Curriculum; Continuing Education.
Section 3319.238 | Financial Literacy License Validation.
Section 3319.239 | Reimbursement for Financial Literacy Validation Costs.
Section 3319.25 | Teacher Performance Assessment Entity.
Section 3319.26 | Alternative Educator Licenses.
Section 3319.261 | Alternative Resident Educator License.
Section 3319.263 | Alternative Resident Educator License Subject Areas.
Section 3319.27 | Alternative Principal License.
Section 3319.28 | Provisional Educator License for Stem School Teacher.
Section 3319.283 | Veteran Not Certificated or Licensed.
Section 3319.284 | Extension of Educator License for Members of Armed Forces.
Section 3319.292 | Questioning of Applicant Regarding Criminal History.
Section 3319.30 | Necessity of License - Professional Meetings.
Section 3319.301 | Board to Issue Permits to Qualified Nonlicensed Individuals.
Section 3319.303 | Standards and Requirements for Obtaining Pupil-Activity Program Permit.
Section 3319.31 | Refusal to Issue, Suspension, Revocation or Limitations of License.
Section 3319.311 | Investigations.
Section 3319.312 | Effect of Child Support Default on Certificate or Permit.
Section 3319.313 | Information Concerning Improper Conduct by Licensed Employee.
Section 3319.314 | Report of Improper Conduct Investigation Kept in Personnel File.
Section 3319.315 | Rc 3319.313 and Rc 3319.314 Prevail Over Contractual Provisions.
Section 3319.316 | Participation in Retained Applicant Fingerprint Database.
Section 3319.317 | False Report of Employee Misconduct Prohibited.
Section 3319.318 | Illegally Assisting a Sex Offender in Attaining School Employment.
Section 3319.319 | Release of Information Obtained During an Investigation of an Educator.
Section 3319.32 | Records to Be Kept by Superintendents and Teachers of All Schools - Reports.
Section 3319.321 | Confidentiality.
Section 3319.322 | Copy of Photographs for School Files.
Section 3319.323 | Alterations of Records Prohibited.
Section 3319.33 | Annual Report of Statistics - Civil Proceedings Information.
Section 3319.35 | Failure of Superintendent or Treasurer to Make Reports.
Section 3319.36 | Requirements for Payment of Teacher for Services.
Section 3319.361 | Rules for Issuance of Supplemental Teaching License.
Section 3319.39 | Criminal Records Check.
Section 3319.391 | Applicants and New Hires Subject to Criminal Records Check Provisions.
Section 3319.392 | Criminal Records Check of Private Contract Employee.
Section 3319.393 | Educator Profile Database Consultation.
Section 3319.40 | Suspension of Employee Pending Criminal Action.
Section 3319.41 | Corporal Punishment Policy.
Section 3319.42 | Interstate Agreement on Qualification of Educational Personnel.
Section 3319.43 | Designated State Official Shall Be Superintendent of Public Instruction.
Section 3319.44 | Copies of Contracts to Be Kept on File.
Section 3319.47 | Sexual Harassment Counseling.
Section 3319.51 | Fees - State Board of Education Licensure Fund.
Section 3319.52 | Notification of Guilty Plea or Conviction of License Holder.
Section 3319.55 | Grant Program for Teachers.
Section 3319.56 | Identifying Promising Practices.
Section 3319.57 | Grant Program for Innovations.
Section 3319.60 | Educator Standards Board.
Section 3319.61 | Duties of Board.
Section 3319.611 | Subcommittee on Standards for Superintendents of the Education Standards Board.
Section 3319.63 | Granting Professional Leave for Educator Standards Board Service.
Section 3319.65 | Credential Review Board.
Section 3319.67 | Teacher of the Year Recognition Program.
Section 3319.80 | Engagement of Dyslexia Specialist to Train Teachers.