S. B. No. 46 As Introduced

Senator Mallory

A BILL

To amend section 3311.71 of the Revised Code to 1
require that management and control of any school 2
district that has an average daily membership 3
exceeding forty thousand students, has a 4
relatively high poverty index, and has been in 5
academic emergency at least one of the four 6
previous school years be assumed by a nine-member 7
board of education appointed by the mayor of the 8
municipal corporation containing the greatest 9
portion of the district's territory. 10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3311.71 of the Revised Code be 11
amended to read as follows: 12

       Sec. 3311.71. (A) As used in this section and in sections 13
3311.72 to 3311.77 of the Revised Code: 14

       (1) "Municipal school district" means aeither of the 15
following: 16

       (a) A school district that is or has ever been under a 17
federal court order requiring supervision and operational, fiscal, 18
and personnel management of the district by the state 19
superintendent of public instruction; 20

       (b) A school district, other than a district described in 21
division (A)(1)(a) of this section, for which all of the following 22
conditions are satisfied: 23

       (i) The district's "formula ADM," as defined in section 24
3317.02 of the Revised Code, on the effective date of this 25
amendment is greater than forty thousand students; 26

       (ii) The district's "DPIA index," calculated for fiscal year 27
2003 using the methods prescribed in the version of section 28
3317.029 of the Revised Code in effect for that fiscal year, was 29
greater than 2.75; 30

       (iii) The district was declared to be in a state of academic 31
emergency under section 3302.03 of the Revised Code in at least 32
one of the four school years prior to the effective date of this 33
amendment. 34

       A school district that satisfies the conditions prescribed in 35
division (A)(1)(b) of this section and accordingly becomes a 36
municipal school district shall continue to be a municipal school 37
district regardless of subsequent changes in the district's 38
formula ADM, DPIA index, or academic performance rating. 39

       (2) "Mayor" means the mayor of the municipal corporation in 40
which a municipal school district has territory or, if the 41
district has territory in more than one municipal corporation, the 42
mayor of the municipal corporation containing the greatest portion 43
of ~~a municipal school~~the district's territory. 44

       (B) Whenever any municipal school district is released by a 45
federal court from an order requiring supervision and operational, 46
fiscal, and personnel management of the district by the state 47
superintendent, the management and control of that district shall 48
be assumed, effective immediately, by a new nine-member board of 49
education. ~~Members~~The management and control of a municipal 50
school district described in division (A)(1)(b) of this section 51
shall be assumed by a new nine-member board of education sixty 52
days after the effective date of this amendment. In each case, 53
members of the new board shall be appointed by the mayor, who 54
shall also designate one member as the chairperson of the board. 55
In addition to the rights, authority, and duties conferred upon 56
the chairperson by sections 3311.71 to 3311.76 of the Revised 57
Code, the chairperson shall have all the rights, authority, and 58
duties conferred upon the president of a board of education by the 59
Revised Code that are not inconsistent with sections 3311.71 to 60
3311.76 of the Revised Code. 61

       (C) No school board member shall be appointed by the mayor 62
pursuant to division (B) of this section until the mayor has 63
received a slate of at least eighteen candidates nominated by a 64
municipal school district nominating panel. If the municipal 65
school district has territory outside of one municipal 66
corporation, at least three of ~~whom~~the candidates shall reside in 67
the municipal school district but not in the municipal corporation 68
containing the greatest portion of the district's territory. The 69
municipal school district nominating panel shall be initially 70
convened and chaired by the state superintendent of public 71
instruction, who shall serve as a nonvoting member for the first 72
two years of the panel's existence, and shall consist of eleven 73
persons selected as follows: 74

       (1) Three parents or guardians of children attending the 75
schools of the municipal school district appointed by the district 76
parent-teacher association, or similar organization selected by 77
the state superintendent; 78

       (2) Three persons appointed by the mayor; 79

       (3) One person appointed by the president of the legislative 80
body of the municipal corporation containing the greatest portion 81
of the municipal school district's territory; 82

       (4) One teacher appointed by the collective bargaining 83
representative of the school district's teachers; 84

       (5) One principal appointed through a vote of the school 85
district's principals, which vote shall be conducted by the state 86
superintendent; 87

       (6) One representative of the business community appointed by 88
an organized collective business entity selected by the mayor; 89

       (7) One president of a public or private institution of 90
higher education located within the municipal school district 91
appointed by the state superintendent of public instruction. 92

       The municipal school district nominating panel shall select 93
one of its members as its chairperson commencing two years after 94
the date of the first meeting of the panel, at which time the 95
state superintendent of public instruction shall no longer convene 96
or chair the panel. Thereafter, the panel shall meet as necessary 97
to make nominations at the call of the chairperson. All members of 98
the panel shall serve at the pleasure of the appointing authority. 99
Vacancies on the panel shall be filled in the same manner as the 100
initial appointments. 101

       (D) No individual shall be appointed by the mayor pursuant to 102
division (B) or (F) of this section unless the individual has been 103
nominated by the nominating panel, resides in the school district, 104
and holds no elected public office. At any given time, four of the 105
nine members appointed by the mayor to serve on the board pursuant 106
to either division (B) or (F) of this section shall have 107
displayed, prior to appointment, significant expertise in either 108
the education field, finance, or business management. AtIf the 109
district has territory outside of one municipal corporation, at 110
all times at least one member of the board shall be an individual 111
who resides in the municipal school district but not in the 112
municipal corporation containing the greatest portion of the 113
district's territory. 114

       (E) The terms of office of all members appointed by the mayor 115
pursuant to division (B) of this section shall expire on the next 116
thirtieth day of June following the referendum election required 117
by section 3311.73 of the Revised Code. The mayor may, with the 118
advice and consent of the nominating panel, remove any member 119
appointed pursuant to that division or division (F) of this 120
section for cause. 121

       (F) If the voters of the district approve the continuation of 122
an appointed board at the referendum election required by section 123
3311.73 of the Revised Code, the mayor shall appoint the members 124
of a new board from a slate prepared by the nominating panel in 125
the same manner as the initial board was appointed pursuant to 126
divisions (B), (C), and (D) of this section. Five of the members 127
of the new board shall be appointed to four-year terms and the 128
other four shall be appointed to two-year terms, each term 129
beginning on the first day of July. Thereafter, the mayor shall 130
appoint members to four-year terms in the same manner as described 131
in divisions (B), (C), and (D) of this section. The minimum number 132
of individuals who shall be on the slate prepared by the 133
nominating panel for this purpose shall be at least twice the 134
number of members to be appointed~~, including~~. If the district has 135
territory outside of one municipal corporation, the slate shall 136
include at least two candidates who reside in the municipal school 137
district but not in the municipal corporation containing the 138
greatest portion of the district's territory. 139

       (G) In addition to the nine members appointed by the mayor, 140
the boards appointed pursuant to divisions (B) and (F) of this 141
section shall include the following nonvoting ex officio members: 142

       (1) If the main campus of a state university specified in 143
section 3345.011 of the Revised Code is located within the 144
municipal school district, the president of the university or the 145
president's designee; 146

       (2) If any community college has its main branch located 147
within the district, the president of the community college that 148
has the largest main branch within the district, or the 149
president's designee. 150

       Section 2. That existing section 3311.71 of the Revised Code 151
is hereby repealed. 152

Section 1. That section 3311.71 of the Revised Code be	11
amended to read as follows:	12

Sec. 3311.71. (A) As used in this section and in sections	13
3311.72 to 3311.77 of the Revised Code:	14

(1) "Municipal school district" means aeither of the	15
following:	16

(a) A school district that is or has ever been under a	17
federal court order requiring supervision and operational, fiscal,	18
and personnel management of the district by the state	19
superintendent of public instruction;	20

(b) A school district, other than a district described in	21
division (A)(1)(a) of this section, for which all of the following	22
conditions are satisfied:	23

(i) The district's "formula ADM," as defined in section	24
3317.02 of the Revised Code, on the effective date of this	25
amendment is greater than forty thousand students;	26

(ii) The district's "DPIA index," calculated for fiscal year	27
2003 using the methods prescribed in the version of section	28
3317.029 of the Revised Code in effect for that fiscal year, was	29
greater than 2.75;	30

(iii) The district was declared to be in a state of academic	31
emergency under section 3302.03 of the Revised Code in at least	32
one of the four school years prior to the effective date of this	33
amendment.	34

A school district that satisfies the conditions prescribed in	35
division (A)(1)(b) of this section and accordingly becomes a	36
municipal school district shall continue to be a municipal school	37
district regardless of subsequent changes in the district's	38
formula ADM, DPIA index, or academic performance rating.	39

(2) "Mayor" means the mayor of the municipal corporation in	40
which a municipal school district has territory or, if the	41
district has territory in more than one municipal corporation, the	42
mayor of the municipal corporation containing the greatest portion	43
of ~~a municipal school~~the district's territory.	44

(B) Whenever any municipal school district is released by a	45
federal court from an order requiring supervision and operational,	46
fiscal, and personnel management of the district by the state	47
superintendent, the management and control of that district shall	48
be assumed, effective immediately, by a new nine-member board of	49
education. ~~Members~~The management and control of a municipal	50
school district described in division (A)(1)(b) of this section	51
shall be assumed by a new nine-member board of education sixty	52
days after the effective date of this amendment. In each case,	53
members of the new board shall be appointed by the mayor, who	54
shall also designate one member as the chairperson of the board.	55
In addition to the rights, authority, and duties conferred upon	56
the chairperson by sections 3311.71 to 3311.76 of the Revised	57
Code, the chairperson shall have all the rights, authority, and	58
duties conferred upon the president of a board of education by the	59
Revised Code that are not inconsistent with sections 3311.71 to	60
3311.76 of the Revised Code.	61

(C) No school board member shall be appointed by the mayor	62
pursuant to division (B) of this section until the mayor has	63
received a slate of at least eighteen candidates nominated by a	64
municipal school district nominating panel. If the municipal	65
school district has territory outside of one municipal	66
corporation, at least three of ~~whom~~the candidates shall reside in	67
the municipal school district but not in the municipal corporation	68
containing the greatest portion of the district's territory. The	69
municipal school district nominating panel shall be initially	70
convened and chaired by the state superintendent of public	71
instruction, who shall serve as a nonvoting member for the first	72
two years of the panel's existence, and shall consist of eleven	73
persons selected as follows:	74

(1) Three parents or guardians of children attending the	75
schools of the municipal school district appointed by the district	76
parent-teacher association, or similar organization selected by	77
the state superintendent;	78

(3) One person appointed by the president of the legislative	80
body of the municipal corporation containing the greatest portion	81
of the municipal school district's territory;	82

(4) One teacher appointed by the collective bargaining	83
representative of the school district's teachers;	84

(5) One principal appointed through a vote of the school	85
district's principals, which vote shall be conducted by the state	86
superintendent;	87

(6) One representative of the business community appointed by	88
an organized collective business entity selected by the mayor;	89

(7) One president of a public or private institution of	90
higher education located within the municipal school district	91
appointed by the state superintendent of public instruction.	92

The municipal school district nominating panel shall select	93
one of its members as its chairperson commencing two years after	94
the date of the first meeting of the panel, at which time the	95
state superintendent of public instruction shall no longer convene	96
or chair the panel. Thereafter, the panel shall meet as necessary	97
to make nominations at the call of the chairperson. All members of	98
the panel shall serve at the pleasure of the appointing authority.	99
Vacancies on the panel shall be filled in the same manner as the	100
initial appointments.	101

(D) No individual shall be appointed by the mayor pursuant to	102
division (B) or (F) of this section unless the individual has been	103
nominated by the nominating panel, resides in the school district,	104
and holds no elected public office. At any given time, four of the	105
nine members appointed by the mayor to serve on the board pursuant	106
to either division (B) or (F) of this section shall have	107
displayed, prior to appointment, significant expertise in either	108
the education field, finance, or business management. AtIf the	109
district has territory outside of one municipal corporation, at	110
all times at least one member of the board shall be an individual	111
who resides in the municipal school district but not in the	112
municipal corporation containing the greatest portion of the	113
district's territory.	114

(E) The terms of office of all members appointed by the mayor	115
pursuant to division (B) of this section shall expire on the next	116
thirtieth day of June following the referendum election required	117
by section 3311.73 of the Revised Code. The mayor may, with the	118
advice and consent of the nominating panel, remove any member	119
appointed pursuant to that division or division (F) of this	120
section for cause.	121

(F) If the voters of the district approve the continuation of	122
an appointed board at the referendum election required by section	123
3311.73 of the Revised Code, the mayor shall appoint the members	124
of a new board from a slate prepared by the nominating panel in	125
the same manner as the initial board was appointed pursuant to	126
divisions (B), (C), and (D) of this section. Five of the members	127
of the new board shall be appointed to four-year terms and the	128
other four shall be appointed to two-year terms, each term	129
beginning on the first day of July. Thereafter, the mayor shall	130
appoint members to four-year terms in the same manner as described	131
in divisions (B), (C), and (D) of this section. The minimum number	132
of individuals who shall be on the slate prepared by the	133
nominating panel for this purpose shall be at least twice the	134
number of members to be appointed~~, including~~. If the district has	135
territory outside of one municipal corporation, the slate shall	136
include at least two candidates who reside in the municipal school	137
district but not in the municipal corporation containing the	138
greatest portion of the district's territory.	139

(G) In addition to the nine members appointed by the mayor,	140
the boards appointed pursuant to divisions (B) and (F) of this	141
section shall include the following nonvoting ex officio members:	142

(1) If the main campus of a state university specified in	143
section 3345.011 of the Revised Code is located within the	144
municipal school district, the president of the university or the	145
president's designee;	146

(2) If any community college has its main branch located	147
within the district, the president of the community college that	148
has the largest main branch within the district, or the	149
president's designee.	150

Section 2. That existing section 3311.71 of the Revised Code	151
is hereby repealed.	152