SUSPENSION OF ADMINISTRATIVE CONTRACTS | Policy Manual

1540 - SUSPENSION OF ADMINISTRATIVE CONTRACTS

This policy shall govern the suspension of all contracts of R.C. 3319.02 administrators and was adopted with input from the ESC’s administrative staff from January 13, 2020, through February 3, 2020.

The Governing Board may consider one or more of the following reasons in suspending any contract of employment entered into under R.C. 3319.02:

the financial conditions of the ESC;
the financial conditions of one or more school districts and/or clients for which the ESC provides services to;
any financial reasons;
the return to duty of one or more administrators after a leave of absence;
the suspension of one or more schools and/or programs in one or more school districts and/or clients for which the ESC provides services to;
the suspension of one or more schools and/or programs offered by the Governing Board;
any territorial changes affecting one or more school districts and/or clients for which the ESC provides services to;
any territorial changes affecting the ESC;
the termination of one or more alignment agreements;
any decreased enrollment of pupils in the schools and/or programs in one or more school districts and/or clients for which the ESC provides services to;
in the case of the Governing Board providing any particular service directly to pupils pursuant to one or more interdistrict contracts, service agreements, and/or contracts requiring such service; reduction in the total number of pupils the Governing Board is required to provide with the service under all interdistrict contracts, service agreements, and/or contracts as a result of the termination or nonrenewal of one or more of these interdistrict contracts, service agreements, and/or contracts;
in the case of the Governing Board providing any particular service that it does not provide directly to pupils pursuant to one or more interdistrict contracts, service agreements, and/or contracts requiring such service; reduction in the total level of the service the Governing Board is required to provide under all interdistrict contracts, service agreements, and/or contracts as a result of the termination or nonrenewal of one or more of these interdistrict contracts, service agreements, and/or contracts;
the termination of any interdistrict contract, service agreement, and/or contract between the ESC and any school district and/or client for any reason including, not limited to, (1) school district/client dissatisfaction with the performance of the individual ESC employee assigned to provide services to the school district/client; (2) school district/client rejection of the individual ESC employee providing services to the school district/client; (3) school district/client dissatisfaction with the contractual performance by the ESC; and (4) school district/client discretionary determinations; and/or
any reorganization and/or consolidation of administrative functions.

The following procedures shall be used for determining the order of suspension of contracts within the employment service areas affected:

If it is necessary to achieve a reduction in the administrative staff, the Governing Board may proceed to suspend contracts in accordance with the recommendation of the Superintendent within the employment service areas affected. The Governing Board shall not be required to give preference to any administrator based on seniority. The Governing Board shall not be required to give preference to any administrator based upon comparable evaluations. Given that administrative positions are not interchangeable, the primary factor in any reduction of administrators shall be the best interest of the ESC as determined solely by the Governing Board.
On a case-by-case basis, in lieu of suspending a contract in whole, the Governing Board may suspend a contract in part, so that an individual is required to work a percentage of the time the administrator otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract.

Administrators whose contracts are suspended shall be on the administrative recall list for a period of fourteen (14) calendar days from the last day of active employment by the ESC, unless the administrator has accepted, prior to such time, other employment.

Administrators who are on the administrative recall list shall have the right of recall only to their prior position and only if both of the following apply: (1) the Governing Board re-institutes that same position and (2) the position was not abolished due to school district/client dissatisfaction with the performance the administrator and/or school district/client rejection of the administrator. The primary factor in filling administrative positions shall be the best interests of the ESC.

An administrator may be notified of a recall by regular mail and/or electronic mail and shall accept, in writing, the employment within fourteen (14) calendar days after the recall notice was sent by the ESC to the administrator. It is the administrator’s responsibility to maintain a current personal mailing address and personal electronic mail address with the Governing Board.

Failure to accept recall within fourteen (14) calendar days shall be interpreted as an indication that the administrator does not wish to return to active employment in the ESC and shall result in the removal of the administrator from the recall list. If the recall occurs after July 1st, the administrator shall respond in writing within seven (7) calendar days, or s/he shall be removed from the recall list.