2006 Ohio Revised Code - 3319.36. Conditions for paying teacher for services.

§ 3319.36. Conditions for paying teacher for services.
 

(A)  No treasurer of a board of education or educational service center shall draw a check for the payment of a teacher for services until the teacher files with the treasurer both of the following: 

(1) Such reports as are required by the state board of education, the school district board of education, or the superintendent of schools; 

(2) Except for a teacher who is engaged pursuant to section 3319.301 [3319.30.1] of the Revised Code, a written statement from the city, exempted village, or local school district superintendent or the educational service center superintendent that the teacher has filed with the treasurer a legal educator license, or true copy of it, to teach the subjects or grades taught, with the dates of its validity. The state board of education shall prescribe the record and administration for such filing of educator licenses in educational service centers. 

(B)  Notwithstanding division (A) of this section, the treasurer may pay either of the following: 

(1) Any teacher for services rendered during the first two months of the teacher's initial employment with the school district or educational service center, provided such teacher is the holder of a bachelor's degree or higher and has filed with the state board of education an application for the issuance of a provisional or professional educator license. 

(2) Any substitute teacher for services rendered while conditionally employed under section 3319.101 [3319.30.1] of the Revised Code. 

(C)  Upon notice to the treasurer given by the state board of education or any superintendent having jurisdiction that reports required of a teacher have not been made, the treasurer shall withhold the salary of the teacher until the required reports are completed and furnished. 
 

HISTORY: GC § 4843-1; 120 v 475 (545); Bureau of Code Revision, 10-1-53; 126 v 655 (679) (Eff 1-3-56); 131 v S 95 (Eff 8-10-65); 138 v H 1 (Eff 5-16-79); 143 v S 140 (Eff 10-2-89); 143 v H 440 (Eff 6-28-90); 145 v H 152 (Eff 7-1-93); 146 v H 117 (Eff 9-29-95); 146 v H 223 (Eff 11-15-95); 146 v H 81 (Eff 6-5-96); 146 v S 230. Eff 10-29-96; 150 v H 95, § 1, eff. 9-26-03; 150 v S 2, § 1, eff. 6-9-04.
 

The provisions of § 228 of H.B. 95 (150 v  - ) read as follows: 

SECTION 228. Section 3319.36 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 81 and Am. Sub. S.B. 230 of the 121st General Assembly. The General Assembly, applying the principle stated in division (B) of section 152 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

 

Effect of Amendments

S.B. 2, Acts 2004, effective June 9, 2004, in (A)(2), deleted "or internship certificate" following "educator license", and "and internship certificates" following "educator licenses". 

H.B. 95, Acts 2003, effective September 26, 2003, in (A)(2), deleted "and except as provided under division (B) of this section" following "Revised Code", and inserted "or local school"; deleted (B) and redesignated the remaining subsections accordingly; and made minor stylistic changes. 

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