Ohio Revised Code
Chapter 3319 | Schools - Superintendent; Teachers; Employees
Section 3319.0810 | Contracting for Student Transportation Services.

Effective: September 29, 2011
Latest Legislation: House Bill 153 - 129th General Assembly
(A) The board of education of any school district wherein the provisions of Chapter 124. of the Revised Code do not apply may terminate any of its transportation staff positions for reasons of economy and efficiency if the board instead of employing its own staff to transport some or all of the students enrolled in the district schools enters into a contract with an independent agent for the provision of transportation services for such students. Such a contract may be entered into only if all of the following conditions are satisfied:
(1) Any collective bargaining agreement between the employee organization representing the employees whose positions are terminated under this section and the board has expired or will expire within sixty days and has not been renewed in conformance with provisions of that agreement and with Chapter 4117. of the Revised Code, or the agreement contains provisions permitting the termination of positions for reasons of economy and efficiency while the agreement is in force and the board is in conformance with those provisions.
(2) The board permits any employee whose position is terminated under this section to fill any vacancy within the district's organization for which the employee is qualified. The board shall select from among similarly qualified employees to fill such vacancies pursuant to procedures established under any collective bargaining agreement between the employee organization representing the terminated employees and the board that is in force at the time of the termination, or in absence of such provisions on the basis of seniority of employment by the board with the employee with the greatest seniority having highest priority.
(3) Unless a collective bargaining agreement between the employee organization representing the terminated employees and the board that is in force at the time of the termination provides otherwise, the board permits any employee whose position is terminated under this section to fill the employee's former position in the event that the board reinstates that position within one year after the date the position is terminated under this section.
(4) The board permits any employee whose position is terminated under this section to appeal in accordance with section 119.12 of the Revised Code the board's decision to terminate the employee's position, not to hire that employee for another position pursuant to division (A)(2) of this section, or not to rehire that employee for the position if it is reinstated within one year after the position is terminated pursuant to division (A)(3) of this section.
(5) The contract entered into by the board and an independent agent for the provision of transportation services contains a stipulation requiring the agent to consider hiring any employees of the school district whose positions are terminated under this section for similar positions within the agent's organization.
(6) The contract entered into by the board and an independent agent for the provision of transportation services contains a stipulation requiring the agent to recognize for purposes of employee representation in collective bargaining any employee organization that represented the employees whose positions are terminated under this section in collective bargaining with the board at the time of the termination provided:
(a) A majority of all employees in the bargaining unit agree to such representation;
(b) Such representation is not prohibited by federal law, including any ruling of the national labor relations board;
(c) The employee organization is not prohibited from representing nonpublic employees by other provisions of law or its own governing instruments.
However, any employee whose position is terminated under this section shall not be compelled to be included in such bargaining unit if there is another bargaining unit within the agent's organization that is applicable to the employee.
(B) If after terminating any positions of employment under this section the board fails to comply with any condition prescribed in division (A) of this section or fails to enforce on the agent its contractual obligations prescribed in divisions (A)(5) and (6) of this section, the terminations shall be void and the board shall reinstate the positions and fill them with the employees who filled those positions just prior to the terminations. Such employees shall be compensated at a rate equal to their rate of compensation in those positions just prior to the terminations plus any increases paid since the terminations to other nonteaching employees. The employees shall also be entitled to back pay at such rate for the period from the date of the terminations to the date of the reinstatements minus any pay received by the employees during any time the board was in compliance with such conditions or during any time the board enforced those obligations.
Any employee aggrieved by the failure of the board to comply with any condition prescribed in division (A) of this section or to enforce on the agent its contractual obligations prescribed in divisions (A)(5) and (6) of this section shall have the right to sue the board for reinstatement of the employee's former position as provided for in this division in the court of common pleas for the county in which the school district is located or, if the school district is located in more than one county, in the court of common pleas for the county in which the majority of the territory of the school district is located.

Structure Ohio Revised Code

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 3319.073 | In-Service Training in Child Abuse Prevention Programs, School Safety and Violence Prevention, and Training on the Board's Harassment, Intimidation, or Bullying Policy.

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 3319.088 | Educational Aide Permits - Educational Paraprofessional Licenses for Educational Assistants.

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 3319.101 | Conditional Employment of Substitute Teachers Pending Receipt of Teacher's Certificate.

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 3319.20 | Notification of Nonlicensed Employee's Guilty Plea or Conviction of Certain Offenses.

Section 3319.21 | Contract Employing Relative as Teacher Void.

Section 3319.22 | Standards and Requirements for Educator Licenses; Local Professional Development Committees.

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 3319.228 | Issuance of License to Those Licensed in Other States; List of States With Inadequate Licensure Standards.

Section 3319.229 | Career-Technical Workforce Development Educator License.

Section 3319.2211 | Employment of Adult Education Permit Holder.

Section 3319.2212 | [Repealed Effective 4/6/2023 by h.b. 509, 134th General Assembly] School Psychologists' Provision of Telehealth Services.

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 3319.234 | Study of Relationship of Licensure Assessment Performance to Classroom Effectiveness.

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 3319.24 | Coursework in Teaching Reading and Phonics Required for Certain Initial Provisional License Applicants.

Section 3319.25 | Teacher Performance Assessment Entity.

Section 3319.26 | Alternative Educator Licenses.

Section 3319.261 | Alternative Resident Educator License.

Section 3319.262 | Standards and Requirements for Obtaining Nonrenewable Four-Year Initial Early College High School Educator License.

Section 3319.263 | Alternative Resident Educator License Subject Areas.

Section 3319.27 | Alternative Principal License.

Section 3319.272 | Professional Administrator License Upon Completion of Bright New Leaders for Ohio Schools Program.

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 3319.29 | Fees.

Section 3319.291 | Fingerprints and Authorization to Forward to Bureau of Criminal Identification and Investigation.

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 3319.37 | Appointment of Persons to Make Reports for Treasurer or Executive Head - Compensation.

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 3319.45 | Principal to Report Certain Act or Violations by Pupil to Superintendent and Law Enforcement Officer.

Section 3319.46 | Policy and Rules Regarding Positive Behavior Intervention Supports and the Use of Physical Restraint or Seclusion on Students; Duties of Board.

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 3319.612 | Subcommittee on Standards for School Treasurers and Business Managers of the Educator Standards Board.

Section 3319.613 | [Repealed Effective 4/6/2023 by h.b. 554, 134th General Assembly] Subcommittee on Standards for Teacher Preparation.

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.

Section 3319.99 | Penalty.