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CONTRACT,
TERMINATE
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.
Likewise, a board can also terminate a contract of a non-teaching
employee.
3319.16
3319.081
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.
3313.33
OAG 05-033
CONTRACTING
TRANSPORTATION
SERVICES
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.
3319.0810
CONTRACTORS
AND BACKGROUND
CHECKS
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.
3319.392
COOPERATION
WITH OTHER
OFFICIALS
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
3313.59
755.18