The purpose of this rule is to ensure
the safety and well-being of students, and, pursuant to sections
3319.39 and
3319.31 of the Revised Code,
establish rehabilitation standards for those individuals with certain criminal
convictions and other alternative dispositions seeking employment with a
district for a position that requires a license issued by the state board of
education, those currently employed by a district in a position that requires a
license issued by the state board of education, and those seeking or currently
holding licensure by the state board of education. The provisions of this rule
apply to teachers, substitutes, educational aides, holders of pupil activity
permits, and any other position which requires a license issued by the state
board of education.
(A)
The following terms are defined as they are used in
this rule:
(1)
"Applicant" means one of the following:
(a)
One who is under
final consideration for appointment or employment in a position that requires a
license issued by the state board of education. An "applicant" does not include
a person currently employed by a district in a position that requires a license
issued by the state board of education who is under consideration for a
different position with the same district; or
(b)
A person who has
never held or who is applying for an initial license, certificate, or permit
described in Chapter 3319. or in division (B) of section
3301.071 or in section
3301.074 of the Revised
Code.
(2)
"Educator" means a person holding or having previously
held any license, certificate, or permit described in Chapter 3319. or in
division (B) of section
3301.071 or in section
3301.074 of the Revised
Code.
(3)
"Criminal records check" has the same meaning as
section 109.572 of the Revised
Code.
(4)
"District" means a school district as described in
Chapter 3311. of the Revised Code, educational service centers, community
schools, STEM schools, college preparatory boarding schools, county boards of
DD, chartered non-public schools, preschool programs, and any other future
school chartered by the department.
(5)
"State board"
means the Ohio state board of education as defined in section
3301.01 of the Revised
Code.
(6)
"Superintendent" means the superintendent of public
instruction and his/her designee as defined in section
3301.13 of the Revised
Code.
(7)
"Department" means the Ohio department of education as
defined in section 3301.13 of the Revised
Code.
(8)
"License" means the same as the term license as defined
in division (A) of section
3319.31 of the Revised
Code.
(9)
"Upon learning" means when first having knowledge of
either official results of a criminal background check or a guilty plea,
finding of guilt or conviction that has been verified through certified court
or law enforcement records.
(10)
"Absolute bar
offense" means any offense listed in division (C) of section
3319.31 of the Revised
Code.
(11)
"Offense" means a violation of a criminal section of
the Revised Code, or any municipal ordinance or law of this state, another
state, or the United States that is substantially equivalent to a violation of
a criminal section of the Revised Code.
(12)
For the purposes
of this rule, the term "conviction" or "convicted" includes any determination
of guilt resulting from a plea of guilty to or a finding of guilt by a jury or
court of any violation of an offense.
(B)
Unless otherwise
permitted by law, no district may employ, the state board will not issue a
license to, and the superintendent will not enter into a consent agreement with
an educator upon learning that the educator has been convicted of any absolute
bar offense, if the conviction occurred after the issuance of the educator's
initial license.
(C)
Division (C) of section
3319.31 of the Revised Code
requires the state board to revoke an educator's license upon learning that the
educator has been convicted of any violation of any absolute bar offense. If
the state board intends to deny or revoke a license the state board will act in
accordance with division (C) of sections
3319.31 and
3319.311 of the Revised Code and
Chapter 3301-73 of the Administrative Code.
(D)
The following
only applies to convictions of guilty pleas to an offense that occurred after
an educator's initial license. If an educator has been convicted of any
offense, the state board will act in accordance with sections
3319.31 and
3319.311 of the Revised Code and
Chapter 3301-73 of the Administrative Code. An educator is deemed rehabilitated
regarding the conviction of guilty plea to any offense that is listed in
section 3319.39 of the Revised Code, that is not an absolute bar offense, when
the educator's license is in good standing and the educator:
(1)
Signs and returns
a letter of admonishment from the department listing the specific
offense;
(2)
Executes a consent agreement with the department
listing the specific offense;
(3)
Receives a board
resolution listing the specific offense.
An educator is employable regarding the
conviction or guilty plea to an offense listed in section
3319.39 of the Revised Code,
that is not an absolute bar offense, in the absence of a disciplinary action if
the educator has a license in good standing or is otherwise employable pursuant
to section 119.06 of the Revised
Code.
(E)
No district may employ, an applicant who has previously
been convicted of an offense listed in division (B)(1) of section
3319.39 of the Revised Code or
section 3319.31 of the Revised Code if
that offense listed in division (B)(1) of section
3319.39 or
3319.31 of the Revised Code is
also contained on the list published on the department's website in accordance
with division (B)(1) of section
9.79 of the Revised Code,
entitled "disqualifying offenses pursuant to ORC §
9.79," until the applicant has
obtained an initial license from the state board.
(F)
This rule is
applicable to records of convictions that have been sealed pursuant to section
2953.32 of the Revised Code or
any municipal ordinance or law of this state, another state, or the United
States that is substantially equivalent to section
2953.32 of the Revised Code. For
purposes of this rule, a sealed conviction includes a conviction that has been
expunged pursuant to a court order.
(G)
A conviction of
an offense listed in division (B)(1) of section
3319.39 of the Revised Code or
section 3319.31 of the Revised Code does
not prevent an applicant's licensure or hiring if the applicant has been
granted an unconditional pardon for the offense pursuant to Chapter 2967. of
the Revised Code or the conviction or guilty plea has been set aside pursuant
to law. For purposes of this rule, unconditional pardon includes a conditional
pardon with respect to which all conditions have been performed or have
transpired.
(H)
If an applicant or educator has been granted a judicial
finding of eligibility for intervention in lieu of conviction under section
2951.041 of the Revised Code, or
has agreed to participate in a pre-trial diversion program under section
2935.36 of the Revised Code, or
a similar diversion program under rules of a court, for any offense listed in
division (B)(2) of section
3319.31 or division (C) of
3319.31 of the Revised Code, the state board will act in accordance with
sections 3319.31,
3319.311 and
9.79of the Revised Code, if
applicable, and Chapter 3301-73 of the Administrative Code.
(I)
This rule is
promulgated under the state board and department of education's rulemaking
authority under section
3319.31, division (E) of section
3319.311, and section
3319.39 of the Revised
Code.
(J)
Thorough documentation of the district's proceedings
and decision on employment shall be maintained in the district's
files.
Replaces: 3301-20-01
Notes
Ohio Admin. Code
3301-20-01
Effective:
7/27/2023
Five Year Review (FYR) Dates:
07/27/2028
Promulgated
Under: 119.03
Statutory Authority: 3319.39, 3319.31, 3301.07
Rule Amplifies: 3319.291, 3319.39, 3319.311, 3319.31
Prior Effective Dates: 10/01/1994, 02/09/2004, 09/23/2005,
08/27/2009, 03/27/2014, 01/21/2019