Effective: March 22, 2013
Latest Legislation: House Bill 555 - 129th General Assembly
(A) As used in this section:
(1) "Evaluation procedures" means the procedures required by the policy adopted pursuant to division (A) of section 3319.111 of the Revised Code.
(2) "Limited contract" means a limited contract, as described in section 3319.08 of the Revised Code, that a school district board of education or governing board of an educational service center enters into with a teacher who is not eligible for continuing service status.
(3) "Extended limited contract" means a limited contract, as described in section 3319.08 of the Revised Code, that a board of education or governing board enters into with a teacher who is eligible for continuing service status.
(B) Teachers eligible for continuing service status in any city, exempted village, local, or joint vocational school district or educational service center shall be those teachers qualified as described in division (D) of section 3319.08 of the Revised Code, who within the last five years have taught for at least three years in the district or center, and those teachers who, having attained continuing contract status elsewhere, have served two years in the district or center, but the board, upon the recommendation of the superintendent, may at the time of employment or at any time within such two-year period, declare any of the latter teachers eligible.
(1) Upon the recommendation of the superintendent that a teacher eligible for continuing service status be reemployed, a continuing contract shall be entered into between the board and the teacher unless the board by a three-fourths vote of its full membership rejects the recommendation of the superintendent. If the board rejects by a three-fourths vote of its full membership the recommendation of the superintendent that a teacher eligible for continuing service status be reemployed and the superintendent makes no recommendation to the board pursuant to division (C) of this section, the board may declare its intention not to reemploy the teacher by giving the teacher written notice on or before the first day of June of its intention not to reemploy the teacher. If evaluation procedures have not been complied with pursuant to section 3319.111 of the Revised Code or the board does not give the teacher written notice on or before the first day of June of its intention not to reemploy the teacher, the teacher is deemed reemployed under an extended limited contract for a term not to exceed one year at the same salary plus any increment provided by the salary schedule. The teacher is presumed to have accepted employment under the extended limited contract for a term not to exceed one year unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June, and an extended limited contract for a term not to exceed one year shall be executed accordingly. Upon any subsequent reemployment of the teacher only a continuing contract may be entered into.
(2) If the superintendent recommends that a teacher eligible for continuing service status not be reemployed, the board may declare its intention not to reemploy the teacher by giving the teacher written notice on or before the first day of June of its intention not to reemploy the teacher. If evaluation procedures have not been complied with pursuant to section 3319.111 of the Revised Code or the board does not give the teacher written notice on or before the first day of June of its intention not to reemploy the teacher, the teacher is deemed reemployed under an extended limited contract for a term not to exceed one year at the same salary plus any increment provided by the salary schedule. The teacher is presumed to have accepted employment under the extended limited contract for a term not to exceed one year unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June, and an extended limited contract for a term not to exceed one year shall be executed accordingly. Upon any subsequent reemployment of a teacher only a continuing contract may be entered into.
(3) Any teacher receiving written notice of the intention of a board not to reemploy such teacher pursuant to this division is entitled to the hearing provisions of division (G) of this section.
(C)(1) If a board rejects the recommendation of the superintendent for reemployment of a teacher pursuant to division (B)(1) of this section, the superintendent may recommend reemployment of the teacher, if continuing service status has not previously been attained elsewhere, under an extended limited contract for a term not to exceed two years, provided that written notice of the superintendent's intention to make such recommendation has been given to the teacher with reasons directed at the professional improvement of the teacher on or before the first day of June. Upon subsequent reemployment of the teacher only a continuing contract may be entered into.
(2) If a board of education takes affirmative action on a superintendent's recommendation, made pursuant to division (C)(1) of this section, of an extended limited contract for a term not to exceed two years but the board does not give the teacher written notice of its affirmative action on the superintendent's recommendation of an extended limited contract on or before the first day of June, the teacher is deemed reemployed under a continuing contract at the same salary plus any increment provided by the salary schedule. The teacher is presumed to have accepted employment under such continuing contract unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June, and a continuing contract shall be executed accordingly.
(3) A board shall not reject a superintendent's recommendation, made pursuant to division (C)(1) of this section, of an extended limited contract for a term not to exceed two years except by a three-fourths vote of its full membership. If a board rejects by a three-fourths vote of its full membership the recommendation of the superintendent of an extended limited contract for a term not to exceed two years, the board may declare its intention not to reemploy the teacher by giving the teacher written notice on or before the first day of June of its intention not to reemploy the teacher. If evaluation procedures have not been complied with pursuant to section 3319.111 of the Revised Code or if the board does not give the teacher written notice on or before the first day of June of its intention not to reemploy the teacher, the teacher is deemed reemployed under an extended limited contract for a term not to exceed one year at the same salary plus any increment provided by the salary schedule. The teacher is presumed to have accepted employment under the extended limited contract for a term not to exceed one year unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June, and an extended limited contract for a term not to exceed one year shall be executed accordingly. Upon any subsequent reemployment of the teacher only a continuing contract may be entered into.
Any teacher receiving written notice of the intention of a board not to reemploy such teacher pursuant to this division is entitled to the hearing provisions of division (G) of this section.
(D) A teacher eligible for continuing contract status employed under an extended limited contract pursuant to division (B) or (C) of this section, is, at the expiration of such extended limited contract, deemed reemployed under a continuing contract at the same salary plus any increment granted by the salary schedule, unless evaluation procedures have been complied with pursuant to section 3319.111 of the Revised Code and the employing board, acting on the superintendent's recommendation that the teacher not be reemployed, gives the teacher written notice on or before the first day of June of its intention not to reemploy such teacher. A teacher who does not have evaluation procedures applied in compliance with section 3319.111 of the Revised Code or who does not receive notice on or before the first day of June of the intention of the board not to reemploy such teacher is presumed to have accepted employment under a continuing contract unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June, and a continuing contract shall be executed accordingly.
Any teacher receiving a written notice of the intention of a board not to reemploy such teacher pursuant to this division is entitled to the hearing provisions of division (G) of this section.
(E) The board shall enter into a limited contract with each teacher employed by the board who is not eligible to be considered for a continuing contract.
Any teacher employed under a limited contract, and not eligible to be considered for a continuing contract, is, at the expiration of such limited contract, considered reemployed under the provisions of this division at the same salary plus any increment provided by the salary schedule unless evaluation procedures have been complied with pursuant to section 3319.111 of the Revised Code and the employing board, acting upon the superintendent's written recommendation that the teacher not be reemployed, gives such teacher written notice of its intention not to reemploy such teacher on or before the first day of June. A teacher who does not have evaluation procedures applied in compliance with section 3319.111 of the Revised Code or who does not receive notice of the intention of the board not to reemploy such teacher on or before the first day of June is presumed to have accepted such employment unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June, and a written contract for the succeeding school year shall be executed accordingly.
Any teacher receiving a written notice of the intention of a board not to reemploy such teacher pursuant to this division is entitled to the hearing provisions of division (G) of this section.
(F) The failure of a superintendent to make a recommendation to the board under any of the conditions set forth in divisions (B) to (E) of this section, or the failure of the board to give such teacher a written notice pursuant to divisions (C) to (E) of this section shall not prejudice or prevent a teacher from being deemed reemployed under either a limited or continuing contract as the case may be under the provisions of this section. A failure of the parties to execute a written contract shall not void any automatic reemployment provisions of this section.
(G)(1) Any teacher receiving written notice of the intention of a board of education not to reemploy such teacher pursuant to division (B), (C)(3), (D), or (E) of this section may, within ten days of the date of receipt of the notice, file with the treasurer of the board a written demand for a written statement describing the circumstances that led to the board's intention not to reemploy the teacher.
(2) The treasurer of a board, on behalf of the board, shall, within ten days of the date of receipt of a written demand for a written statement pursuant to division (G)(1) of this section, provide to the teacher a written statement describing the circumstances that led to the board's intention not to reemploy the teacher.
(3) Any teacher receiving a written statement describing the circumstances that led to the board's intention not to reemploy the teacher pursuant to division (G)(2) of this section may, within five days of the date of receipt of the statement, file with the treasurer of the board a written demand for a hearing before the board pursuant to divisions (G)(4) to (6) of this section.
(4) The treasurer of a board, on behalf of the board, shall, within ten days of the date of receipt of a written demand for a hearing pursuant to division (G)(3) of this section, provide to the teacher a written notice setting forth the time, date, and place of the hearing. The board shall schedule and conclude the hearing within forty days of the date on which the treasurer of the board receives a written demand for a hearing pursuant to division (G)(3) of this section.
(5) Any hearing conducted pursuant to this division shall be conducted by a majority of the members of the board. The hearing shall be held in executive session of the board unless the board and the teacher agree to hold the hearing in public. The superintendent, assistant superintendent, the teacher, and any person designated by either party to take a record of the hearing may be present at the hearing. The board may be represented by counsel and the teacher may be represented by counsel or a designee. A record of the hearing may be taken by either party at the expense of the party taking the record.
(6) Within ten days of the conclusion of a hearing conducted pursuant to this division, the board shall issue to the teacher a written decision containing an order affirming the intention of the board not to reemploy the teacher reported in the notice given to the teacher pursuant to division (B), (C)(3), (D), or (E) of this section or an order vacating the intention not to reemploy and expunging any record of the intention, notice of the intention, and the hearing conducted pursuant to this division.
(7) A teacher may appeal an order affirming the intention of the board not to reemploy the teacher to the court of common pleas of the county in which the largest portion of the territory of the school district or service center is located, within thirty days of the date on which the teacher receives the written decision, on the grounds that the board has not complied with this section or section 3319.111 of the Revised Code.
Notwithstanding section 2506.04 of the Revised Code, the court in an appeal under this division is limited to the determination of procedural errors and to ordering the correction of procedural errors and shall have no jurisdiction to order a board to reemploy a teacher, except that the court may order a board to reemploy a teacher in compliance with the requirements of division (B), (C)(3), (D), or (E) of this section when the court determines that evaluation procedures have not been complied with pursuant to section 3319.111 of the Revised Code or the board has not given the teacher written notice on or before the first day of June of its intention not to reemploy the teacher pursuant to division (B), (C)(3), (D), or (E) of this section. Otherwise, the determination whether to reemploy or not reemploy a teacher is solely a board's determination and not a proper subject of judicial review and, except as provided in this division, no decision of a board whether to reemploy or not reemploy a teacher shall be invalidated by the court on any basis, including that the decision was not warranted by the results of any evaluation or was not warranted by any statement given pursuant to division (G)(2) of this section.
No appeal of an order of a board may be made except as specified in this division.
(H)(1) In giving a teacher any notice required by division (B), (C), (D), or (E) of this section, the board or the superintendent shall do either of the following:
(a) Deliver the notice by personal service upon the teacher;
(b) Deliver the notice by certified mail, return receipt requested, addressed to the teacher at the teacher's place of employment and deliver a copy of the notice by certified mail, return receipt requested, addressed to the teacher at the teacher's place of residence.
(2) In giving a board any notice required by division (B), (C), (D), or (E) of this section, the teacher shall do either of the following:
(a) Deliver the notice by personal delivery to the office of the superintendent during regular business hours;
(b) Deliver the notice by certified mail, return receipt requested, addressed to the office of the superintendent and deliver a copy of the notice by certified mail, return receipt requested, addressed to the president of the board at the president's place of residence.
(3) When any notice and copy of the notice are mailed pursuant to division (H)(1)(b) or (2)(b) of this section, the notice or copy of the notice with the earlier date of receipt shall constitute the notice for the purposes of division (B), (C), (D), or (E) of this section.
(I) The provisions of this section shall not apply to any supplemental written contracts entered into pursuant to section 3319.08 of the Revised Code.
(J) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the dates set forth in this section as "on or before the first day of June" or "on or before the fifteenth day of June" prevail over any conflicting provisions of a collective bargaining agreement entered into on or after the effective date of this amendment.
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.