LSC HB125TeacherPay

the student attends.
Current law permits the superintendent of a local school district to

designate the superintendent of the ESC to which the school district belongs as the
person authorized to issue the certificates for that local district.
Teacher compensation
(New R.C. 3317.14, R.C. 3319.10 and 5126.24, and repealed R.C. 3317.13 and 3317.14;
conforming changes in R.C. 3313.42, 3317.01, 3317.018, 3317.023, 3317.11, 3319.08,
3319.088, 3319.11, 3319.14, 3319.18, and 5705.412)
The bill eliminates the requirement that the annual salary schedule for teachers
adopted by each school district and educational service center (ESC) be based on years
of service and educational training. It also repeals the minimum salary requirements
with which those schedules must comply. (See Background minimum salary
schedule below.)
Instead, beginning with the 2011 2012 school year, the bill requires each district
and ESC annually to adopt a salary schedule that establishes salary ranges for each of
the following categories of teachers: (1) teachers who have a resident or alternative
resident educator license (or the former alternative educator license, which was issued
until January 1, 2011) or a temporary, associate, or provisional license, (2) teachers who
have a professional educator license (or a professional or permanent teacher s certificate
issued under former law), (3) teachers who have a senior professional educator license,
and (4) teachers who have a lead professional educator license.
Each school district and ESC annually must designate a salary within the
appropriate range for each of its teachers. In determining a teacher s salary, the
employer must consider evaluations of the teacher and whether the teacher is highly
qualified under the federal No Child Left Behind Act. The employer may consider
additional factors if it chooses, including whether the teacher teaches in a hard to staff
school or subject area, teaches larger than average class sizes, or teaches at risk
students.
The salary schedule applies to all teachers employed by the district or ESC,
except substitute teachers, veterans of the armed forces with previous instructional
experience who do not have an educator license,77 and teachers who are authorized by
the State Board of Education to teach for only 12 hours per week.78 But a district or ESC
may adopt a salary schedule with pay ranges for any of these teachers and set their
salaries based on the same factors required by the bill for fully licensed teachers.
77 See R.C. 3319.283, not in the bill.

78 See R.C. 3319.301, not in the bill.
Legislative Service Commission -125- H.B. 153

As Pending in H. Finance and Appropriations
However, a substitute teacher who has a long term assignment of more than 60 days
must be paid at least the minimum salary specified on the main schedule for teachers
with a resident educator license.
As in current law, the Superintendent of Public Instruction must investigate any

complaint that a district or ESC has failed or refused to adopt a teachers salary schedule
that complies with the bill s requirements or to pay salaries in accordance with the
schedule. If the state Superintendent finds that the allegations in the complaint are true,
the Superintendent must order the conditions corrected within ten days. The
Department of Education must withhold state funds from the district or ESC until it
complies with the Superintendent s order.
Salaries for veteran teachers
(New R.C. 3317.14(C))
Under the bill, if a veteran teacher s salary on the date the new salary schedule
takes effect is above the maximum salary established for the teacher s license, the
teacher will continue to earn that same salary each year. The teacher will not be eligible
for a pay raise, unless the employing school district or ESC increases the maximum
salary for the teacher s license in a future school year and the teacher s salary falls
within the new salary range. In that case, the employer may raise the teacher s salary to
an amount within the new range, upon a determination that the teacher has earned an
increase based on the factors described above for setting salaries.
Effect of collective bargaining agreements
(New R.C. 3317.14(F))
The bill s provisions regarding teachers salary schedules prevail over any
conflicting provisions of a collective bargaining agreement entered into on or after the
provisions (immediate) effective date. Teachers will continue to be paid under salary
schedules established in existing collective bargaining agreements until those
agreements expire.
Applicability to county DD boards
(R.C. 5126.24)
Each county DD board must adopt an annual salary schedule that complies with
the bill s requirements for teachers employed by the board. Under current law, county
DD boards, like school districts and ESCs, must establish salary schedules based on
years of service and training and must comply with the minimum salary schedule for
teachers.

Background minimum salary schedule
(Repealed R.C. 3317.13 and 3317.14)
Current law requires each school district and ESC to annually adopt a teachers
salary schedule that contains provisions for increments based on training and years of
service. While a district or ESC may establish its own service requirements and system
for granting credit for service in schools not under its control, the law also prescribes a
minimum schedule with which all districts and ESCs must comply. In other words,
there is a statutory minimum that must be paid to teachers based on years of service
and education. Compliance with the minimum salary schedule is a condition of
receiving state funding.79
Under the current statutory schedule, the base salary is $20,000 for a teacher with
zero years of service and a bachelor s degree. All other salaries on the schedule are
increments upward (or downward in some cases, if a teacher does not have a bachelor s
degree) as a teacher gains experience and education.
Also, under this schedule, a district or ESC must grant credit for a teacher s years
of service not only to the district or ESC itself, but also to another public school, to a
chartered nonpublic school in Ohio (if the teacher was licensed in the same manner as a
school district teacher), and to a chartered school operated by the state or a subdivision
or other local government of the state. In addition, a district or ESC must give credit for
all of a teacher s years of active military service in the U.S. armed forces up to five years.
However, the total service credit a district or ESC grants for service to a school other
than one under its control and for military service may not exceed ten years.
Teacher and administrator termination
(R.C. 3319.16 and repealed R.C. 3319.161; conforming change in R.C. 5126.23)
The bill eliminates the option for a teacher or administrator (including a

principal, treasurer, business manager, internal auditor, or superintendent) employed
by a school district or educational service center (ESC) to request that a hearing on the
matter of the employee s termination be held before a referee, rather than the district
board of education or ESC governing board. It also prohibits the employee from both
appealing the board s termination decision to the common pleas court and invoking the
grievance procedure in a collective bargaining agreement covering the employee.
Instead, under the bill, the employee may choose only one of those processes for an
appeal. The restriction on the method of appeal overrides any conflicting provision of a
79 R.C. 3317.01.


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the student attends.

Current law permits the superintendent of a local school district to

77 See R.C. 3319.283, not in the bill.

Legislative Service Commission -125- H.B. 153

As in current law, the Superintendent of Public Instruction must investigate any

Salaries for veteran teachers

(New R.C. 3317.14(C))

Effect of collective bargaining agreements

(New R.C. 3317.14(F))

Applicability to county DD boards

Legislative Service Commission -126- H.B. 153

(Repealed R.C. 3317.13 and 3317.14)

Teacher and administrator termination

The bill eliminates the option for a teacher or administrator (including a

Legislative Service Commission -127- H.B. 153

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