Ohio Education Alert

    View Authors July 2006
    By legislation effective May 1, 2006, the Ohio General Assembly has limited the residency requirements that school districts may impose on their employees. Under this new law, school districts may require only their full-time employees to reside in the same or an adjacent county. By follow-on legislation effective June 23, 2006, the General Assembly gave more flexibility to school districts regarding residency requirements but only as to their superintendents. This supplemental legislation allows school districts to require their superintendents to reside in the same city as their school district.

    This limit on residency requirements for full-time employees of cities and villages, as well as school districts, is already the subject of litigation. The cities of Dayton, Cleveland and Akron have filed declaratory actions seeking to have the legislation declared unconstitutional. The legislation is being challenged on the basis of the uniformity requirements and right to contract found in the Ohio Constitution. These cities are also challenging the legislation as a violation of the municipal "Home Rule" and citizens' right to vote provisions of the Ohio Constitution.