H. B. No. 428 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 428

Representative Setzer

A BILL

To amend sections 2953.33, 3313.31, 3314.03, 3319.01,

3319.20, 3319.302, 3319.304, 3319.31, 3319.311,

3319.313, 3319.314, 3319.52, 3326.11, 5126.253,

and 5126.254 and to enact sections 109.66,

3314.101, 3314.40, 3314.401, 3314.402, 3319.292,

3319.316, 3319.40, 3326.081, 3326.24, 3326.241,

and 3326.242 of the Revised Code regarding the

reporting of and discipline for school employee

misconduct.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2953.33, 3313.31, 3314.03, 3319.01,	10
3319.20, 3319.302, 3319.304, 3319.31, 3319.311, 3319.313,	11
3319.314, 3319.52, 3326.11, 5126.253, and 5126.254 be amended and	12
sections 109.66, 3314.101, 3314.40, 3314.401, 3314.402, 3319.292,	13
3319.316, 3319.40, 3326.081, 3326.24, 3326.241, and 3326.242 of	14
the Revised Code be enacted to read as follows:	15

Sec. 109.66. Upon application from any person employed by	16
the department of education in the office of professional conduct,	17
the attorney general shall grant that person access to the Ohio	18
law enforcement gateway for the purpose of investigations	19
conducted under section 3319.311 of the Revised Code regarding	20
persons licensed by the state board of education.	21

Sec. 2953.33. (A) Except as provided in division (G) of	22
section 2953.32 of the Revised Code, an order to seal the record	23
of a person's conviction restores the person who is the subject of	24
the order to all rights and privileges not otherwise restored by	25
termination of the sentence or community control sanction or by	26
final release on parole or post-release control.	27

(B) In any application for employment, license, or other	28
right or privilege, any appearance as a witness, or any other	29
inquiry, except as provided in division (E) of section 2953.32 and	30
in section 3319.292 of the Revised Code, a person may be	31
questioned only with respect to convictions not sealed, bail	32
forfeitures not expunged under section 2953.42 of the Revised Code	33
as it existed prior to June 29, 1988, and bail forfeitures not	34
sealed, unless the question bears a direct and substantial	35
relationship to the position for which the person is being	36
considered.	37

Sec. 3313.31. (A) All the duties and obligations of the	38
county auditor, county treasurer, or other officer or person	39
relating to the moneys of a school district shall be complied with	40
by dealing with the treasurer of the board of education thereof.	41

The treasurer shall be the chief fiscal officer of the school	42
district, shall be responsible for the financial affairs of the	43
district, and shall report to and is subject to the direction of	44
the district board of education. Except as otherwise required by	45
law, no treasurer shall be required to verify the accuracy of	46
nonfinancial information or data of the school district.	47

(B) Notwithstanding any provision of the Revised Code to the	48
contrary, but subject to section 3319.40 of the Revised Code, in	49
all school districts and educational service centers, the	50
treasurer shall direct and assign employees directly engaged in	51
the day-to-day fiscal operations of the district or service	52
center, as those employees are so designated by the board of the	53
district or service center.	54

Sec. 3314.03. A copy of every contract entered into under	55
this section shall be filed with the superintendent of public	56
instruction.	57

(A) Each contract entered into between a sponsor and the	58
governing authority of a community school shall specify the	59
following:	60

(1) That the school shall be established as either of the	61
following:	62

(a) A nonprofit corporation established under Chapter 1702.	63
of the Revised Code, if established prior to April 8, 2003;	64

(b) A public benefit corporation established under Chapter	65
1702. of the Revised Code, if established after April 8, 2003;.	66

(2) The education program of the school, including the	67
school's mission, the characteristics of the students the school	68
is expected to attract, the ages and grades of students, and the	69
focus of the curriculum;	70

(3) The academic goals to be achieved and the method of	71
measurement that will be used to determine progress toward those	72
goals, which shall include the statewide achievement tests;	73

(4) Performance standards by which the success of the school	74
will be evaluated by the sponsor;	75

(5) The admission standards of section 3314.06 of the Revised	76
Code and, if applicable, section 3314.061 of the Revised Code;	77

(6)(a) Dismissal procedures;

(b) A requirement that the governing authority adopt an	79
attendance policy that includes a procedure for automatically	80
withdrawing a student from the school if the student without a	81
legitimate excuse fails to participate in one hundred five	82
consecutive hours of the learning opportunities offered to the	83
student.	84

(7) The ways by which the school will achieve racial and	85
ethnic balance reflective of the community it serves;	86

(8) Requirements for financial audits by the auditor of	87
state. The contract shall require financial records of the school	88
to be maintained in the same manner as are financial records of	89
school districts, pursuant to rules of the auditor of state, and	90
the audits shall be conducted in accordance with section 117.10 of	91
the Revised Code.	92

(9) The facilities to be used and their locations;

(10) Qualifications of teachers, including a requirement that	94
the school's classroom teachers be licensed in accordance with	95
sections 3319.22 to 3319.31 of the Revised Code, except that a	96
community school may engage noncertificated persons to teach up to	97
twelve hours per week pursuant to section 3319.301 of the Revised	98
Code;	99

(11) That the school will comply with the following	100
requirements:	101

(a) The school will provide learning opportunities to a	102
minimum of twenty-five students for a minimum of nine hundred	103
twenty hours per school year;.	104

(b) The governing authority will purchase liability	105
insurance, or otherwise provide for the potential liability of the	106
school;.	107

(c) The school will be nonsectarian in its programs,	108
admission policies, employment practices, and all other	109
operations, and will not be operated by a sectarian school or	110
religious institution;.	111

(d) The school will comply with sections 9.90, 9.91, 109.65,	112
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	113
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	114
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	115
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	116
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	117
3313.96, 3319.073, ~~3319.313, 3319.314, 3319.315,~~ 3319.321,	118
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	119
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	120
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	121
and 4167. of the Revised Code as if it were a school district and	122
will comply with section 3301.0714 of the Revised Code in the	123
manner specified in section 3314.17 of the Revised Code;.	124

(e) The school shall comply with Chapter 102. and section	125
2921.42 of the Revised Code;.	126

(f) The school will comply with sections 3313.61, 3313.611,	127
and 3313.614 of the Revised Code, except that for students who	128
enter ninth grade for the first time before July 1, 2010, the	129
requirement in sections 3313.61 and 3313.611 of the Revised Code	130
that a person must successfully complete the curriculum in any	131
high school prior to receiving a high school diploma may be met by	132
completing the curriculum adopted by the governing authority of	133
the community school rather than the curriculum specified in Title	134
XXXIII of the Revised Code or any rules of the state board of	135
education. Beginning with students who enter ninth grade for the	136
first time on or after July 1, 2010, the requirement in sections	137
3313.61 and 3313.611 of the Revised Code that a person must	138
successfully complete the curriculum of a high school prior to	139
receiving a high school diploma shall be met by completing the	140
Ohio core curriculum prescribed in division (C) of section	141
3313.603 of the Revised Code, unless the person qualifies under	142
division (D) or (F) of that section. Each school shall comply with	143
the plan for awarding high school credit based on demonstration of	144
subject area competency, adopted by the state board of education	145
under division (J) of section 3313.603 of the Revised Code.	146

(g) The school governing authority will submit within four	147
months after the end of each school year a report of its	148
activities and progress in meeting the goals and standards of	149
divisions (A)(3) and (4) of this section and its financial status	150
to the sponsor and the parents of all students enrolled in the	151
school.	152

(h) The school, unless it is an internet- or computer-based	153
community school, will comply with section 3313.801 of the Revised	154
Code as if it were a school district.	155

(12) Arrangements for providing health and other benefits to	156
employees;	157

(13) The length of the contract, which shall begin at the	158
beginning of an academic year. No contract shall exceed five years	159
unless such contract has been renewed pursuant to division (E) of	160
this section.	161

(14) The governing authority of the school, which shall be	162
responsible for carrying out the provisions of the contract;	163

(15) A financial plan detailing an estimated school budget	164
for each year of the period of the contract and specifying the	165
total estimated per pupil expenditure amount for each such year.	166
The plan shall specify for each year the base formula amount that	167
will be used for purposes of funding calculations under section	168
3314.08 of the Revised Code. This base formula amount for any year	169
shall not exceed the formula amount defined under section 3317.02	170
of the Revised Code. The plan may also specify for any year a	171
percentage figure to be used for reducing the per pupil amount of	172
the subsidy calculated pursuant to section 3317.029 of the Revised	173
Code the school is to receive that year under section 3314.08 of	174
the Revised Code.	175

(16) Requirements and procedures regarding the disposition of	176
employees of the school in the event the contract is terminated or	177
not renewed pursuant to section 3314.07 of the Revised Code;	178

(17) Whether the school is to be created by converting all or	179
part of an existing public school or is to be a new start-up	180
school, and if it is a converted public school, specification of	181
any duties or responsibilities of an employer that the board of	182
education that operated the school before conversion is delegating	183
to the governing board of the community school with respect to all	184
or any specified group of employees provided the delegation is not	185
prohibited by a collective bargaining agreement applicable to such	186
employees;	187

(18) Provisions establishing procedures for resolving	188
disputes or differences of opinion between the sponsor and the	189
governing authority of the community school;	190

(19) A provision requiring the governing authority to adopt a	191
policy regarding the admission of students who reside outside the	192
district in which the school is located. That policy shall comply	193
with the admissions procedures specified in sections 3314.06 and	194
3314.061 of the Revised Code and, at the sole discretion of the	195
authority, shall do one of the following:	196

(a) Prohibit the enrollment of students who reside outside	197
the district in which the school is located;	198

(b) Permit the enrollment of students who reside in districts	199
adjacent to the district in which the school is located;	200

(c) Permit the enrollment of students who reside in any other	201
district in the state.	202

(20) A provision recognizing the authority of the department	203
of education to take over the sponsorship of the school in	204
accordance with the provisions of division (C) of section 3314.015	205
of the Revised Code;	206

(21) A provision recognizing the sponsor's authority to	207
assume the operation of a school under the conditions specified in	208
division (B) of section 3314.073 of the Revised Code;	209

(22) A provision recognizing both of the following:

210

(a) The authority of public health and safety officials to	211
inspect the facilities of the school and to order the facilities	212
closed if those officials find that the facilities are not in	213
compliance with health and safety laws and regulations;	214

(b) The authority of the department of education as the	215
community school oversight body to suspend the operation of the	216
school under section 3314.072 of the Revised Code if the	217
department has evidence of conditions or violations of law at the	218
school that pose an imminent danger to the health and safety of	219
the school's students and employees and the sponsor refuses to	220
take such action;	221

(23) A description of the learning opportunities that will be	222
offered to students including both classroom-based and	223
non-classroom-based learning opportunities that is in compliance	224
with criteria for student participation established by the	225
department under division (L)(2) of section 3314.08 of the Revised	226
Code;	227

(24) The school will comply with section 3302.04 of the	228
Revised Code, including division (E) of that section to the extent	229
possible, except that any action required to be taken by a school	230
district pursuant to that section shall be taken by the sponsor of	231
the school. However, the sponsor shall not be required to take any	232
action described in division (F) of that section.	233

(25) Beginning in the 2006-2007 school year, the school will	234
open for operation not later than the thirtieth day of September	235
each school year, unless the mission of the school as specified	236
under division (A)(2) of this section is solely to serve dropouts.	237
In its initial year of operation, if the school fails to open by	238
the thirtieth day of September, or within one year after the	239
adoption of the contract pursuant to division (D) of section	240
3314.02 of the Revised Code if the mission of the school is solely	241
to serve dropouts, the contract shall be void.	242

(B) The community school shall also submit to the sponsor a	243
comprehensive plan for the school. The plan shall specify the	244
following:	245

(1) The process by which the governing authority of the	246
school will be selected in the future;	247

(2) The management and administration of the school;

248

(3) If the community school is a currently existing public	249
school, alternative arrangements for current public school	250
students who choose not to attend the school and teachers who	251
choose not to teach in the school after conversion;	252

(4) The instructional program and educational philosophy of	253
the school;	254

(5) Internal financial controls.

255

(C) A contract entered into under section 3314.02 of the	256
Revised Code between a sponsor and the governing authority of a	257
community school may provide for the community school governing	258
authority to make payments to the sponsor, which is hereby	259
authorized to receive such payments as set forth in the contract	260
between the governing authority and the sponsor. The total amount	261
of such payments for oversight and monitoring of the school shall	262
not exceed three per cent of the total amount of payments for	263
operating expenses that the school receives from the state.	264

(D) The contract shall specify the duties of the sponsor	265
which shall be in accordance with the written agreement entered	266
into with the department of education under division (B) of	267
section 3314.015 of the Revised Code and shall include the	268
following:	269

(1) Monitor the community school's compliance with all laws	270
applicable to the school and with the terms of the contract;	271

(2) Monitor and evaluate the academic and fiscal performance	272
and the organization and operation of the community school on at	273
least an annual basis;	274

(3) Report on an annual basis the results of the evaluation	275
conducted under division (D)(2) of this section to the department	276
of education and to the parents of students enrolled in the	277
community school;	278

(4) Provide technical assistance to the community school in	279
complying with laws applicable to the school and terms of the	280
contract;	281

(5) Take steps to intervene in the school's operation to	282
correct problems in the school's overall performance, declare the	283
school to be on probationary status pursuant to section 3314.073	284
of the Revised Code, suspend the operation of the school pursuant	285
to section 3314.072 of the Revised Code, or terminate the contract	286
of the school pursuant to section 3314.07 of the Revised Code as	287
determined necessary by the sponsor;	288

(6) Have in place a plan of action to be undertaken in the	289
event the community school experiences financial difficulties or	290
closes prior to the end of a school year.	291

(E) Upon the expiration of a contract entered into under this	292
section, the sponsor of a community school may, with the approval	293
of the governing authority of the school, renew that contract for	294
a period of time determined by the sponsor, but not ending earlier	295
than the end of any school year, if the sponsor finds that the	296
school's compliance with applicable laws and terms of the contract	297
and the school's progress in meeting the academic goals prescribed	298
in the contract have been satisfactory. Any contract that is	299
renewed under this division remains subject to the provisions of	300
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	301

(F) If a community school fails to open for operation within	302
one year after the contract entered into under this section is	303
adopted pursuant to division (D) of section 3314.02 of the Revised	304
Code or permanently closes prior to the expiration of the	305
contract, the contract shall be void and the school shall not	306
enter into a contract with any other sponsor. A school shall not	307
be considered permanently closed because the operations of the	308
school have been suspended pursuant to section 3314.072 of the	309
Revised Code. Any contract that becomes void under this division	310
shall not count toward any statewide limit on the number of such	311
contracts prescribed by section 3314.013 of the Revised Code.	312

Sec. 3314.101. (A) As used in this section, "license" has the	313
same meaning as in section 3319.31 of the Revised Code.	314

(B) If a person who is employed by a community school	315
established under this chapter or by an operator is arrested,	316
summoned, or indicted for an alleged violation of an offense	317
listed in division (C) of section 3319.31 of the Revised Code, if	318
the person holds a license, or an offense listed in division	319
(B)(1) of section 3319.39 of the Revised Code, if the person does	320
not hold a license, the chief administrator of the community	321
school in which that person works shall suspend that person from	322
all duties that require the care, custody, or control of a child	323
during the pendency of the criminal action against the person. If	324
the person who is arrested, summoned, or indicted for an alleged	325
violation of an offense listed in division (C) of section 3319.31	326
or division (B)(1) of section 3319.39 of the Revised Code is the	327
chief administrator of the community school, the governing	328
authority of the school shall suspend the chief administrator	329
from all duties that require the care, custody, or control of a	330
child.	331

(C) When a person who holds a license is suspended in	332
accordance with this section, the chief administrator or governing	333
authority that imposed the suspension promptly shall report the	334
person's suspension to the department of education. The report	335
shall include the offense for which the person was arrested,	336
summoned, or indicted.	337

Sec. 3314.40. (A) As used in this section:

338

(1) "Conduct unbecoming to the teaching profession" shall be	339
as described in rules adopted by the state board of education.	340

(2) "Intervention in lieu of conviction" means intervention	341
in lieu of conviction under section 2951.041 of the Revised Code.	342

(3) "License" has the same meaning as in section 3319.31 of	343
the Revised Code.	344

(4) "Pre-trial diversion program" means a pre-trial diversion	345
program under section 2935.36 of the Revised Code or a similar	346
diversion program under rules of a court.	347

(B) The chief administrator of each community school, or the	348
president or chairperson of the governing authority of each	349
community school if division (C) of this section applies, shall	350
promptly submit to the superintendent of public instruction the	351
information prescribed in division (D) of this section when any of	352
the following conditions applies to an employee of the school, or	353
an employee of an operator working in the school, who holds a	354
license issued by the state board of education:	355

(1) The chief administrator, or president or chairperson,	356
knows that the employee has pleaded guilty to, has been found	357
guilty by a jury or court of, has been convicted of, has been	358
found to be eligible for intervention in lieu of conviction for,	359
or has agreed to participate in a pre-trial diversion program for	360
an offense described in division (B)(2) or (C) of section 3319.31	361
or division (B)(1) of section 3319.39 of the Revised Code.	362

(2) The governing authority of the school, or the operator,	363
has initiated termination or nonrenewal proceedings against, has	364
terminated, or has not renewed the contract of the employee	365
because the governing authority or operator has reasonably	366
determined that the employee has committed an act that is	367
unbecoming to the teaching profession or an offense described in	368
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	369
section 3319.39 of the Revised Code.	370

(3) The employee has resigned under threat of termination or	371
nonrenewal as described in division (B)(2) of this section.	372

(4) The employee has resigned because of or in the course of	373
an investigation by the governing authority or operator regarding	374
whether the employee has committed an act that is unbecoming to	375
the teaching profession or an offense described in division (B)(2)	376
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of	377
the Revised Code.	378

(C) If the employee to whom any of the conditions prescribed	379
in divisions (B)(1) to (4) of this section applies is the chief	380
administrator of the community school, the president or	381
chairperson of the governing authority of the school shall make	382
the report required under this section.	383

(D) If a report is required under this section, the chief	384
administrator, or president or chairperson, shall submit to the	385
superintendent of public instruction the name and social security	386
number of the employee about whom the information is required and	387
a factual statement regarding any of the conditions prescribed in	388
divisions (B)(1) to (4) of this section that apply to the	389
employee.	390

(E) A determination made by the governing authority or	391
operator as described in division (B)(2) of this section or a	392
termination, nonrenewal, resignation, or other separation	393
described in divisions (B)(2) to (4) of this section does not	394
create a presumption of the commission or lack of the commission	395
by the employee of an act unbecoming to the teaching profession or	396
an offense described in division (B)(2) or (C) of section 3319.31	397
or division (B)(1) of section 3319.39 of the Revised Code.	398

(F) An individual who provides information to the	399
superintendent of public instruction in accordance with this	400
section in good faith shall be immune from any civil liability	401
that otherwise might be incurred or imposed for injury, death, or	402
loss to person or property as a result of the provision of that	403
information.	404

Sec. 3314.401. The governing authority of each community	405
school shall require that the reports of any investigation by the	406
governing authority of the school or by an operator of an employee	407
who works in the school, regarding whether the employee has	408
committed an act or offense for which the chief administrator of	409
the community school or the president or chairperson of the	410
governing authority is required to make a report to the	411
superintendent of public instruction under section 3314.40 of the	412
Revised Code, be kept in the employee's personnel file. If, after	413
an investigation under division (A) of section 3319.311 of the	414
Revised Code, the superintendent of public instruction determines	415
that the results of that investigation do not warrant initiating	416
action under section 3319.31 of the Revised Code, the governing	417
authority shall require the reports of the governing authority's	418
or operator's investigation to be moved from the employee's	419
personnel file to a separate public file.	420

Sec. 3314.402. Notwithstanding any provision to the contrary	421
in Chapter 4117. of the Revised Code, the provisions of sections	422
3314.40 and 3314.401 of the Revised Code prevail over any	423
conflicting provisions of a collective bargaining agreement or	424
contract for employment entered into after March 30, 2007.	425

Sec. 3319.01. Except in an island school district, where the	426
superintendent of an educational service center otherwise may	427
serve as superintendent of the district and except as otherwise	428
provided for any cooperative education school district pursuant to	429
division (B)(2) of section 3311.52 or division (B)(3) of section	430
3311.521 of the Revised Code, the board of education in each	431
school district and the governing board of each service center	432
shall, at a regular or special meeting held not later than the	433
first day of May of the calendar year in which the term of the	434
superintendent expires, appoint a person possessed of the	435
qualifications provided in this section to act as superintendent,	436
for a term not longer than five years beginning the first day of	437
August and ending on the thirty-first day of July. Such	438
superintendent is, at the expiration of a current term of	439
employment, deemed reemployed for a term of one year at the same	440
salary plus any increments that may be authorized by the board,	441
unless such board, on or before the first day of March of the year	442
in which the contract of employment expires, either reemploys the	443
superintendent for a succeeding term as provided in this section	444
or gives to the superintendent written notice of its intention not	445
to reemploy the superintendent. A superintendent may not be	446
transferred to any other position during the term of the	447
superintendent's employment or reemployment except by mutual	448
agreement by the superintendent and the board. If a vacancy occurs	449
in the office of superintendent, the board shall appoint a	450
superintendent for a term not to exceed five years from the next	451
preceding first day of August.	452

A board may at any regular or special meeting held during the	453
period beginning on the first day of January of the calendar year	454
immediately preceding the year the contract of employment of a	455
superintendent expires and ending on the first day of March of the	456
year it expires, reemploy such superintendent for a succeeding	457
term for not longer than five years, beginning on the first day of	458
August immediately following the expiration of the	459
superintendent's current term of employment and ending on the	460
thirty-first day of July of the year in which such succeeding term	461
expires. No person shall be appointed to the office of	462
superintendent of a city, or exempted village school district or a	463
service center who does not hold a license designated for being a	464
superintendent issued under section 3319.22 of the Revised Code,	465
unless such person had been employed as a county, city, or	466
exempted village superintendent prior to August 1, 1939. No person	467
shall be appointed to the office of local superintendent who does	468
not hold a license designated for being a superintendent issued	469
under section 3319.22 of the Revised Code, unless such person held	470
or was qualified to hold the position of executive head of a local	471
school district on September 16, 1957. At the time of making such	472
appointment or designation of term, such board shall fix the	473
compensation of the superintendent, which may be increased or	474
decreased during such term, provided such decrease is a part of a	475
uniform plan affecting salaries of all employees of the district,	476
and shall execute a written contract of employment with such	477
superintendent.	478

Each board shall adopt procedures for the evaluation of its	479
superintendent and shall evaluate its superintendent in accordance	480
with those procedures. An evaluation based upon such procedures	481
shall be considered by the board in deciding whether to renew the	482
superintendent's contract. The establishment of an evaluation	483
procedure shall not create an expectancy of continued employment.	484
Nothing in this section shall prevent a board from making the	485
final determination regarding the renewal or failure to renew of a	486
superintendent's contract.	487

Termination of a superintendent's contract shall be pursuant	488
to section 3319.16 of the Revised Code.	489

A board may establish vacation leave for its superintendent.	490
Upon the superintendent's separation from employment a board that	491
has such leave may provide compensation at the superintendent's	492
current rate of pay for all lawfully accrued and unused vacation	493
leave to the superintendent's credit at the time of separation,	494
not to exceed the amount accrued within three years before the	495
date of separation. In case of the death of a superintendent, such	496
unused vacation leave as the board would have paid to this	497
superintendent upon separation shall be paid in accordance with	498
section 2113.04 of the Revised Code, or to the superintendent's	499
estate.	500

Notwithstanding section 9.481 of the Revised Code, the board	501
of a city, local, exempted village, or joint vocational school	502
district may require its superintendent, as a condition of	503
employment, to reside within the boundaries of the district.	504

The superintendent shall be the executive officer for the	505
board. ~~The~~Subject to section 3319.40 of the Revised Code, the	506
superintendent shall direct and assign teachers and other	507
employees of the district or service center, except as provided in	508
division (B) of section 3313.31 and section 3319.04 of the Revised	509
Code;. The superintendent shall assign the pupils to the proper	510
schools and grades, provided that the assignment of a pupil to a	511
school outside of the pupil's district of residence is approved by	512
the board of the district of residence of such pupil~~; and~~. The	513
superintendent shall perform such other duties as the board	514
determines.	515

The board of education of any school district may contract	516
with the governing board of the educational service center from	517
which it otherwise receives services to conduct searches and	518
recruitment of candidates for the superintendent position	519
authorized under this section.	520

Sec. 3319.20. (A) Whenever an employee of a board of	521
education, other than an employee who is a license holder to whom	522
section 3319.52 of the Revised Code applies, is convicted of or	523
pleads guilty to a felony, a violation of section 2907.04 or	524
2907.06 or of division (A) or (B) of section 2907.07 of the	525
Revised Code, an offense of violence, theft offense, or drug abuse	526
offense that is not a minor misdemeanor, or a violation of an	527
ordinance of a municipal corporation that is substantively	528
comparable to a felony or to a violation or offense of that	529
nature, or if the employee has been found to be eligible for	530
intervention in lieu of conviction or has agreed to participate in	531
a pre-trial diversion program for one of those offenses, the	532
prosecutor in the case, on forms prescribed and furnished by the	533
state board of education, shall notify the employing board of	534
education of the employee's name and residence address, the fact	535
that the employee was convicted of or, pleaded guilty to, has been	536
found eligible for intervention in lieu of conviction for, or has	537
agreed to a diversion program for the specified offense, the	538
section of the Revised Code or the municipal ordinance violated,	539
and the sentence imposed by the court.	540

~~The~~(B) In the case of a conviction or guilty plea, the	541
prosecutor shall give the notification required by this section no	542
earlier than the fifth day following the expiration of the period	543
within which the employee may file a notice of appeal from the	544
judgment of the trial court under Appellate Rule 4(B) and no later	545
than the eighth day following the expiration of that period. The	546
notification also shall indicate whether the employee appealed the	547
conviction, and, if applicable, the court in which the appeal will	548
be heard. If the employee is permitted, by leave of court pursuant	549
to Appellate Rule 5, to appeal the judgment of the trial court	550
subsequent to the expiration of the period for filing a notice of	551
appeal under Appellate Rule 4(B), the prosecutor promptly shall	552
notify the employing board of education of the appeal and the	553
court in which the appeal will be heard.	554

(C) In the case of a finding of eligibility for intervention	555
in lieu of conviction or an agreement to participate in a	556
pre-trial diversion program, the prosecutor shall give the	557
notification required by this section by a deadline prescribed by	558
the state board.	559

(D) As used in this section~~, "theft offense" has the same~~	560
~~meaning as in section 2913.01 of the Revised Code, "drug~~:	561

(1) "Drug abuse offense" has the same meaning as in section	562
2925.01 of the Revised Code~~, and "prosecutor"~~.	563

(2) "Intervention in lieu of conviction" means intervention	564
in lieu of conviction under section 2951.041 of the Revised Code.	565

(3) "Pre-trial diversion program" means a pre-trial diversion	566
program under section 2935.36 of the Revised Code or a similar	567
diversion program under rules of a court.	568

(4) "Prosecutor" has the same meaning as in section 2935.01	569
of the Revised Code.	570

(5) "Theft offense" has the same meaning as in section	571
2913.01 of the Revised Code.	572

Sec. 3319.292. As used in this section, "license" has the	573
same meaning as in section 3319.31 of the Revised Code.	574

The state board of education and the department of education	575
may question an applicant for issuance or renewal of any license	576
with respect to any criminal offense committed or alleged to have	577
been committed by the applicant. If the record of a conviction,	578
plea of guilty, bail forfeiture, or other disposition of a	579
criminal offense committed or alleged to have been committed by	580
the applicant has been sealed or expunged, the state board and the	581
department need not assert or demonstrate that its questioning	582
with respect to the offense bears a direct and substantial	583
relationship to the issuance or renewal of the license or to the	584
position in which the applicant will work under the license.	585

Sec. 3319.302. It is the intent of the general assembly that	586
the state board of education shall administer this section without	587
adopting any rules for its implementation.	588

Unless the provisions of division (B) or, (C), or (F) of	589
section 3319.31 of the Revised Code apply to an applicant, the	590
state board of education shall issue a one-year conditional	591
teaching permit for teaching in grades seven to twelve to any	592
applicant who meets the following conditions:	593

(A) Holds a bachelor's degree;

594

(B) Has successfully completed a basic skills test as	595
prescribed by the state board;	596

(C) Has completed either as part of the applicant's degree	597
program or separate from it the equivalent of at least fifteen	598
semester hours of coursework in the teaching area or subject area	599
in which licensure under this section is sought;	600

(D) Has completed the equivalent of a total of six semester	601
hours of additional coursework within the past five years with a	602
grade point average of at least 2.5 out of 4.0, or its equivalent,	603
in the areas of the teaching or subject area described in division	604
(C) of this section, characteristics of student learning,	605
diversity of learners, planning for instruction, instruction	606
strategies, learning environments, communication, assessment, or	607
student support and that coursework has been approved by the	608
school district, community school, chartered nonpublic school, or	609
nonprofit or for-profit entity operating an alternative school	610
under section 3313.533 of the Revised Code that will employ the	611
applicant. The coursework may have been completed through classes	612
developed and offered by regional professional development	613
providers, such as special education regional resource centers,	614
regional professional development centers, educational service	615
centers, local educational agencies, professional organizations,	616
and institutions of higher education, provided the coursework is	617
taken for credit in collaboration with a college or university	618
that has a teacher education program approved by the state board.	619

(E) The applicant has entered into a written agreement with	620
the school district; community school; chartered nonpublic school;	621
or nonprofit or for profit entity operating an alternative school	622
under section 3313.533 of the Revised Code that will employ the	623
applicant and the department of education under which the	624
district, school, or entity will provide for the applicant a	625
structured mentoring program in the areas listed in division (D)	626
of this section that is aligned with the performance expectations	627
prescribed by state board rule for entry-year teachers.	628

(F) The applicant agrees to complete while employed under the	629
one-year teaching permit the equivalent of an additional three	630
semester hours of coursework in the teaching area or subject area	631
in which the individual is teaching and for which the individual	632
will seek an alternative educator license pursuant to division (G)	633
of this section. The individual's mentor prescribed in division	634
(E) of this section shall assist the individual in selecting	635
coursework to satisfy the requirement prescribed in this division.	636
The coursework may be completed through classes offered by	637
regional professional development providers, such as special	638
education regional resource centers, regional professional	639
development centers, educational service centers, local	640
educational agencies, professional organizations, and institutions	641
of higher education, if the coursework is taken for credit in	642
collaboration with a college or university that has a teacher	643
education program approved by the state board.	644

(G) The applicant agrees to seek at the conclusion of the	645
year in which the individual is employed under the one-year	646
teaching permit issued under this section an alternative educator	647
license issued under section 3319.26 of the Revised Code in the	648
teaching area or subject area in which the individual has been	649
teaching and plans to continue to teach. The applicant shall not	650
be reemployed by the school district; community school; chartered	651
nonpublic school; or nonprofit or for profit entity operating an	652
alternative school under section 3313.533 of the Revised Code or	653
be employed by another such district, school, or entity unless	654
that alternative educator license is issued to the applicant prior	655
to the beginning of the next school year.	656

(H) The applicant pays the fee established under section	657
3319.51 of the Revised Code.	658

Sec. 3319.304. Unless the provisions of division (B) or,	659
(C), or (F) of section 3319.31 of the Revised Code apply to an	660
applicant, the state board of education shall issue a one-year	661
conditional teaching permit in the area of intervention	662
specialist, as defined by rule of the state board, to any	663
applicant who meets the following conditions:	664

(A) Holds a bachelor's degree;

665

(B) Has successfully completed a basic skills test as	666
prescribed by the state board;	667

(C) Has completed either as part of the applicant's degree	668
program or separate from it the equivalent of at least fifteen	669
semester hours of coursework in the principles and practices of	670
teaching exceptional children, including such topics as child and	671
adolescent development, diagnosis and assessment of children with	672
disabilities, curriculum design and instruction, applied	673
behavioral analysis, and how to best teach students from	674
culturally diverse backgrounds with different learning styles;	675

(D) The applicant has entered into a written agreement with	676
the department of education and the school district, community	677
school, or nonprofit or for profit entity operating an alternative	678
school under section 3313.533 of the Revised Code that will employ	679
the applicant under which the district, school, or entity will	680
provide for the applicant a structured mentoring program in the	681
teaching of exceptional children that is aligned with the	682
performance expectations prescribed by state board rule for	683
entry-year teachers.	684

(E) The applicant agrees to complete while employed under the	685
one-year teaching permit the equivalent of an additional three	686
semester hours of coursework in the content and methods of	687
teaching reading. The coursework may be completed through classes	688
offered by regional professional development providers, such as	689
special education regional resource centers, regional professional	690
development centers, educational service centers, local	691
educational agencies, professional organizations, and institutions	692
of higher education, if the coursework is taken for credit in	693
collaboration with a college or university that has a teacher	694
education program approved by the state board.	695

(F) The applicant agrees to seek at the conclusion of the	696
year in which the individual is employed under the one-year	697
teaching permit issued under this section an alternative educator	698
license issued under section 3319.26 of the Revised Code in the	699
area of intervention specialist. The applicant shall not be	700
reemployed by the school district, community school, or nonprofit	701
or for profit entity operating an alternative school under section	702
3313.533 of the Revised Code or be employed by another such	703
district, school, or entity unless that alternative educator	704
license is issued to the applicant prior to the beginning of the	705
next school year.	706

(G) The applicant pays the fee established under section	707
3319.51 of the Revised Code.	708

Sec. 3319.31. (A) As used in this section and sections	709
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	710
means a certificate, license, or permit described in this chapter	711
or in division (B) of section 3301.071 or in section 3301.074 of	712
the Revised Code.	713

(B) For any of the following reasons, the state board of	714
education, in accordance with Chapter 119. and section 3319.311 of	715
the Revised Code, may refuse to issue a license to an applicant;	716
may limit a license it issues to an applicant; may suspend,	717
revoke, or limit a license that has been issued to any person; or	718
may revoke a license that has been issued to any person and has	719
expired:	720

(1) Engaging in an immoral act, incompetence, negligence, or	721
conduct that is unbecoming to the applicant's or person's	722
position;	723

(2) A plea of guilty to, a finding of guilt by a jury or	724
court of, or a conviction of any of the following:	725

(a) A felony other than a felony listed in division (C) of	726
this section;	727

(b) ~~A violation of section 2907.04 or 2907.06 or division (A)~~	728
~~or (B) of section 2907.07 of the Revised Code;~~	729

~~(c)~~ An offense of violence other than an offense of violence	730
listed in division (C) of this section;	731

~~(d)~~(c) A theft offense, as defined in section 2913.01 of the	732
Revised Code, other than a theft offense listed in division (C) of	733
this section;	734

~~(e)~~(d) A drug abuse offense, as defined in section 2925.01 of	735
the Revised Code, that is not a minor misdemeanor, other than a	736
drug abuse offense listed in division (C) of this section;	737

~~(f)~~(e) A violation of an ordinance of a municipal corporation	738
that is substantively comparable to an offense listed in divisions	739
(B)(2)(a) to ~~(e)~~(d) of this section.	740

(3) A judicial finding of eligibility for intervention in	741
lieu of conviction under section 2951.041 of the Revised Code, or	742
agreeing to participate in a pre-trial diversion program under	743
section 2935.36 of the Revised Code, or a similar diversion	744
program under rules of a court, for any offense listed in division	745
(B)(2) or (C) of this section.	746

(C) Upon learning of a plea of guilty to, a finding of guilt	747
by a jury or court of, or a conviction of any of the offenses	748
listed in this division by a person who holds a current or	749
expired license or is an applicant for a license or renewal of a	750
license, the state board or the superintendent of public	751
instruction, if the state board has delegated the duty pursuant	752
to division (D) of this section, shall by a written order revoke	753
the person's license or deny issuance or renewal of the license	754
to the person. The state board or the superintendent shall revoke	755
a license that has been issued to a person to whom this division	756
applies and has expired in the same manner as a license that has	757
not expired.	758

Revocation of a license or denial of issuance or renewal of a	759
license under this division is effective immediately at the time	760
and date that the board or superintendent issues the written order	761
and is not subject to appeal in accordance with Chapter 119. of	762
the Revised Code. Revocation of a license or denial of issuance or	763
renewal of license under this division remains in force during the	764
pendency of an appeal by the person of the plea of guilty, finding	765
of guilt, or conviction that is the basis of the action taken	766
under this division.	767

The state board or superintendent shall take the action	768
required by this division for a violation of division (B)(1), (2),	769
(3), or (4) of section 2919.22 of the Revised Code; a violation of	770
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	771
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	772
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	773
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	774
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	775
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	776
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	777
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	778
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	779
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	780
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	781
of the Revised Code; a violation of section 2905.04 of the Revised	782
Code as it existed prior to July 1, 1996; a violation of section	783
2919.23 of the Revised Code that would have been a violation of	784
section 2905.04 of the Revised Code as it existed prior to July 1,	785
1996, had the violation been committed prior to that date; a	786
violation of section 2925.11 of the Revised Code that is not a	787
minor drug possession offense; felonious sexual penetration in	788
violation of former section 2907.12 of the Revised Code; or a	789
violation of an ordinance of a municipal corporation that is	790
substantively comparable to an offense listed in this paragraph.	791

(D) The state board may delegate to the superintendent of	792
public instruction the authority to revoke a person's license or	793
to deny issuance or renewal of a license to a person under	794
division (C) or (F) of this section.	795

(E)(1) If the plea of guilty, finding of guilt, or conviction	796
that is the basis of the action taken under division (B)(2) or (C)	797
of this section, or under the version of division (F) of section	798
3319.311 of the Revised Code in effect prior to the effective date	799
of this amendment, is overturned on appeal, upon exhaustion of the	800
criminal appeal, the person whose license was revoked or denied	801
under either division may file with the state board a petition	802
for reconsideration of the revocation or denial along with	803
appropriate court documents.	804

(2) Upon receipt of a petition and supporting court documents	805
submitted under division (E)(1) of this section, the state board,	806
after offering the person an opportunity for an adjudication	807
hearing under Chapter 119. of the Revised Code, shall determine	808
whether the person committed the act in question in the prior	809
criminal action against the person that is the basis of the	810
revocation or denial and may continue the revocation or denial,	811
may reinstate the person's license, with or without limits, or may	812
grant the person a new license, with or without limits. The	813
decision of the board shall be based on grounds for revoking,	814
denying, suspending, or limiting a license adopted by rule under	815
division (G) of this section and in accordance with the	816
evidentiary standards the board employs for all other licensure	817
hearings. The decision of the board under this division is subject	818
to appeal under Chapter 119. of the Revised Code.	819

(F) The state board may take action under division (B) of	820
this section, and the state board or the superintendent shall take	821
the action required under division (C) of this section, on the	822
basis of substantially comparable conduct occurring in a	823
jurisdiction outside this state or occurring before a person	824
applies for or receives any license.	825

~~(D)~~(G) The state board may adopt rules in accordance with	826
Chapter 119. of the Revised Code to carry out this section and	827
section 3319.311 of the Revised Code.	828

Sec. 3319.311. (A)(1) The state board of education, or the	829
superintendent of public instruction on behalf of the board, may	830
investigate any information received about a person that	831
reasonably appears to be a basis for action under section 3319.31	832
of the Revised Code, including information received pursuant to	833
section 3314.40, 3319.291, 3319.313, 3326.24, 5126.253, or	834
5153.176 of the Revised Code. ~~The~~Except as provided in division	835
(A)(2) of this section, the board shall contract with the office	836
of the Ohio attorney general to conduct any investigation of that	837
nature. The board shall pay for the costs of the contract only	838
from moneys in the state board of education licensure fund	839
established under section 3319.51 of the Revised Code. ~~All~~	840
Except as provided in division (A)(2) of this section, all	841
information received pursuant to section 3314.40, 3319.291,	842
3319.313, 3326.24, 5126.253, or 5153.176 of the Revised Code, and	843
all information obtained during an investigation is confidential	844
and is not a public record under section 149.43 of the Revised	845
Code. If an investigation is conducted under this division	846
regarding information received about a person and no action is	847
taken against the person under this section or section 3319.31 of	848
the Revised Code within two years of the completion of the	849
investigation, all records of the investigation shall be expunged.	850

(2) In the case of a person about whom the board has learned	851
of a plea of guilty to, finding of guilt by a jury or court of,	852
or a conviction of an offense listed in division (C) of section	853
3319.31 of the Revised Code, or substantially comparable conduct	854
occurring in a jurisdiction outside this state, the board or the	855
superintendent of public instruction need not conduct any further	856
investigation and shall take the action required by division (C)	857
or (F) of that section. Except as provided in division (G) of	858
this section, all information obtained by the board or the	859
superintendent of public instruction pertaining to the action is	860
a public record under section 149.43 of the Revised Code.	861

(B) The superintendent of public instruction shall review the	862
results of each investigation of a person conducted under division	863
(A)(1) of this section and shall determine, on behalf of the state	864
board, whether the results warrant initiating action under	865
division (B) of section 3319.31 of the Revised Code. The	866
superintendent shall advise the board of such determination at a	867
meeting of the board. Within fourteen days of the next meeting of	868
the board, any member of the board may ask that the question of	869
initiating action under section 3319.31 of the Revised Code be	870
placed on the board's agenda for that next meeting. Prior to	871
initiating that action against any person, the person's name and	872
any other personally identifiable information shall remain	873
confidential.	874

(C) The board shall take no action against a person under	875
division (B) of section 3319.31 of the Revised Code without	876
providing the person with written notice of the charges and with	877
an opportunity for a hearing in accordance with Chapter 119. of	878
the Revised Code.	879

(D) For purposes of an investigation under division (A)(1) of	880
this section or a hearing under division (C) of this section or	881
under division (E)(2) of section 3319.31 of the Revised Code, the	882
board, or the superintendent on behalf of the board, may	883
administer oaths, order the taking of depositions, issue	884
subpoenas, and compel the attendance of witnesses and the	885
production of books, accounts, papers, records, documents, and	886
testimony. The issuance of subpoenas under this division may be by	887
certified mail or personal delivery to the person.	888

(E) The superintendent, on behalf of the board, may enter	889
into a consent agreement with a person against whom action is	890
being taken under division (B) of section 3319.31 of the Revised	891
Code. The board may adopt rules governing the superintendent's	892
action under this division.	893

(F) ~~The board automatically may suspend any license without a~~	894
~~prior hearing if the license holder is convicted of or pleads~~	895
~~guilty to one or more of the following offenses or a violation of~~	896
~~an ordinance of a municipal corporation or a law of another state~~	897
~~that is substantially comparable to one of the following offenses:~~	898
~~aggravated murder; murder; aggravated arson; aggravated robbery;~~	899
~~aggravated burglary; voluntary manslaughter; felonious assault;~~	900
~~kidnapping; rape; sexual battery; gross sexual imposition; or~~	901
~~unlawful sexual conduct with a minor. A suspension under this~~	902
~~division is effective on the date of the conviction or guilty~~	903
~~plea.~~	904

~~For a suspension under this division, the board, in~~	905
~~accordance with section 119.07 of the Revised Code, shall issue a~~	906
~~written order of suspension to the license holder by certified~~	907
~~mail or in person and shall afford the person a hearing upon~~	908
~~request. If the person does not request a hearing within the time~~	909
~~limits established by that section, the board shall enter a final~~	910
~~order revoking the person's license. An order of suspension under~~	911
~~this division is not subject to suspension by a court during the~~	912
~~pendency of an appeal filed under section 119.12 of the Revised~~	913
~~Code.~~	914

~~An order of suspension under this division shall remain in~~	915
~~effect, unless reversed on appeal, until the final order of the~~	916
~~board, issued pursuant to this section and Chapter 119. of the~~	917
~~Revised Code, becomes effective. The board shall issue a final~~	918
~~order within sixty days of the date of an order of suspension~~	919
~~under this division or a hearing on an order of suspension,~~	920
~~whichever is later. If the board fails to issue a final order by~~	921
~~that deadline, the order of suspension is dissolved. No~~	922
~~dissolution of an order of suspension under this division shall~~	923
~~invalidate a subsequent final order of the board.~~	924

~~(G)~~ No surrender of a license shall be effective until the	925
board takes action to accept the surrender unless the surrender is	926
pursuant to a consent agreement entered into under division (E) of	927
this section.	928

(G) The name of any person who is not required to report	929
information under section 3314.40, 3319.313, 3326.24, 5126.253, or	930
5153.176 of the Revised Code, but who in good faith provides	931
information to the state board or superintendent of public	932
instruction about alleged misconduct committed by a person who	933
holds a license or has applied for issuance or renewal of a	934
license, shall be confidential and shall not be released. Any such	935
person shall be immune from any civil liability that otherwise	936
might be incurred or imposed for injury, death, or loss to person	937
or property as a result of the provision of that information.	938

Sec. 3319.313. (A) As used in this section:

939

(1) "Conduct unbecoming to the teaching profession" shall be	940
as described in rules adopted by the state board of education.	941

(2) "Intervention in lieu of conviction" means intervention	942
in lieu of conviction under section 2951.041 of the Revised Code.	943

(3) "License" has the same meaning as in section 3319.31 of	944
the Revised Code.	945

(4) "Pre-trial diversion program" means a pre-trial diversion	946
program under section 2935.36 of the Revised Code or a similar	947
diversion program under rules of a court.	948

(B) The ~~board of education~~superintendent of each school	949
district~~, the governing board of~~and each educational service	950
center or the president of the district or service center board,	951
if division (C)(1) of this section applies, and the chief	952
administrator of each chartered nonpublic school or the president	953
or chairperson of the governing authority of the nonpublic school,	954
if division (C)(2) of this section applies, shall promptly submit	955
to the superintendent of public instruction the information	956
prescribed in division ~~(C)~~(D) of this section when any of the	957
following conditions ~~apply~~applies to an employee of the	958
district, service center, or nonpublic school who holds a license	959
issued by the state board of education:	960

(1) The ~~board of education, governing board, or~~	961
superintendent, chief administrator, president, or chairperson	962
knows that the employee has pleaded guilty to, has been found	963
guilty by a jury or court of, or has been convicted of, has been	964
found to be eligible for intervention in lieu of conviction for,	965
or has agreed to participate in a pre-trial diversion program for	966
an offense described in division (B)(2) or (C) of section 3319.31	967
or division (B)(1) of section 3319.39 of the Revised Code;	968

(2) The district board of education, service center governing	969
board, or nonpublic school chief administrator or governing	970
authority has initiated termination or nonrenewal proceedings	971
against, has terminated, or has not renewed the contract of the	972
employee because the board of education, governing board, or	973
chief administrator has reasonably determined that the employee	974
has committed an act that is unbecoming to the teaching	975
profession or an offense described in division (B)(2) or (C) of	976
section 3319.31 or division (B)(1) of section 3319.39 of the	977
Revised Code;	978

(3) The employee has resigned under threat of termination or	979
nonrenewal as described in division (B)(2) of this section;	980

(4) The employee has resigned because of or in the course of	981
an investigation by the board of education, governing board, or	982
chief administrator regarding whether the employee has committed	983
an act that is unbecoming to the teaching profession or an offense	984
described in division (B)(2) or (C) of section 3319.31 or division	985
(B)(1) of section 3319.39 of the Revised Code.	986

(C)(1) If the employee to whom any of the conditions	987
prescribed in divisions (B)(1) to (4) of this section applies is	988
the superintendent or treasurer of a school district or	989
educational service center, the president of the board of	990
education of the school district or of the governing board of the	991
educational service center shall make the report required under	992
this section.	993

(2) If the employee to whom any of the conditions prescribed	994
in divisions (B)(1) to (4) of this section applies is the chief	995
administrator of a chartered nonpublic school, the president or	996
chairperson of the governing authority of the chartered nonpublic	997
school shall make the report required under this section.	998

(D) If a report is required under this section, the ~~board of~~	999
~~education, governing board, or~~superintendent, chief	1000
administrator, president, or chairperson shall submit to the	1001
superintendent of public instruction the name and social security	1002
number of the employee about whom the information is required and	1003
a factual statement regarding any of the conditions prescribed in	1004
divisions (B)(1) to (4) of this section that ~~apply~~applies to the	1005
employee.	1006

~~(D)~~(E) A determination made by the board of education,	1007
governing board, or chief administrator, or governing authority	1008
as described in division (B)(2) of this section or a termination,	1009
nonrenewal, resignation, or other separation described in	1010
divisions (B)(2) to (4) of this section does not create a	1011
presumption of the commission or lack of the commission by the	1012
employee of an act unbecoming to the teaching profession or an	1013
offense described in division (B)(2) or (C) of section 3319.31 or	1014
division (B)(1) of section 3319.39 of the Revised Code.	1015

(F) An individual who provides information to the	1016
superintendent of public instruction in accordance with this	1017
section in good faith shall be immune from any civil liability	1018
that otherwise might be incurred or imposed for injury, death, or	1019
loss to person or property as a result of the provision of that	1020
information.	1021

Sec. 3319.314. The board of education of each school	1022
district, the governing board of each educational service center,	1023
and the chief administrator of each chartered nonpublic school	1024
shall require that the reports of any investigation by the	1025
district board of education, service center governing board, or	1026
nonpublic school chief administrator of an employee regarding	1027
whether the employee has committed an act or offense for which the	1028
~~board of education, governing board,~~district or service center	1029
superintendent or board president or nonpublic school chief	1030
administrator or governing authority president or chairperson is	1031
required to make a report to the superintendent of public	1032
instruction under section 3319.313 of the Revised Code be kept in	1033
the employee's personnel file. If, after an investigation under	1034
division (A) of section 3319.311 of the Revised Code, the	1035
superintendent of public instruction determines that the results	1036
of that investigation do not warrant initiating action under	1037
section 3319.31 of the Revised Code, the board of education,	1038
governing board, or chief administrator shall require the reports	1039
of the board's or chief administrator's investigation to be moved	1040
from the employee's personnel file to a separate public file.	1041

Sec. 3319.316. The department of education, on behalf of the	1042
state board of education, shall be a participating public office	1043
for purposes of the retained applicant fingerprint database	1044
established under section 109.5721 of the Revised Code and shall	1045
receive notification from the bureau of criminal identification	1046
and investigation of the arrest or conviction of persons to whom	1047
the state board has issued a license, as defined in section	1048
3319.31 of the Revised Code.	1049

Sec. 3319.40. (A) As used in this section, "license" has the	1050
same meaning as in section 3319.31 of the Revised Code.	1051

(B) If a person who is employed by a school district or	1052
chartered nonpublic school is arrested, summoned, or indicted for	1053
an alleged violation of an offense listed in division (C) of	1054
section 3319.31 of the Revised Code, if the person holds a	1055
license, or an offense listed in division (B)(1) of section	1056
3319.39 of the Revised Code, if the person does not hold a	1057
license, the superintendent of the district or the chief	1058
administrative officer of the chartered nonpublic school shall	1059
suspend that person from all duties that require the care,	1060
custody, or control of a child during the pendency of the	1061
criminal action against the person. If the person who is	1062
arrested, summoned, or indicted for an alleged violation of an	1063
offense listed in division (C) of section 3319.31 or division	1064
(B)(1) of section 3319.39 of the Revised Code is a person whose	1065
duties are assigned by the district treasurer under division (B)	1066
of section 3313.31 of the Revised Code, the treasurer shall	1067
suspend the person from all duties that require the care, custody,	1068
or control of a child. If the person who is arrested, summoned,	1069
or indicted for an alleged violation of an offense listed in	1070
division (C) of section 3319.31 or division (B)(1) of section	1071
3319.39 of the Revised Code is the superintendent or treasurer of	1072
the district, the district board shall suspend the superintendent	1073
or treasurer from all duties that require the care, custody, or	1074
control of a child. If the person who is arrested, summoned, or	1075
indicted for an alleged violation of an offense listed in	1076
division (C) of section 3319.31 or division (B)(1) of section	1077
3319.39 of the Revised Code is the chief administrative officer of	1078
the chartered nonpublic school, the governing authority of the	1079
chartered nonpublic school shall suspend the chief administrative	1080
officer from all duties that require the care, custody, or control	1081
of a child.	1082

(C) When a person who holds a license is suspended in	1083
accordance with this section, the superintendent, treasurer, board	1084
of education, chief administrative officer, or governing authority	1085
that imposed the suspension promptly shall report the person's	1086
suspension to the department of education. The report shall	1087
include the offense for which the person was arrested, summoned,	1088
or indicted.	1089

Sec. 3319.52. (A) As used in this section:

1090

(1) "Intervention in lieu of conviction" means intervention	1091
in lieu of conviction under section 2951.041 of the Revised Code.	1092

(2) "License" has the same meaning as in section 3319.31 of	1093
the Revised Code.	1094

~~(2)~~(3) "Pre-trial diversion program" means a pre-trial	1095
diversion program under section 2935.36 of the Revised Code or a	1096
similar diversion program under rules of a court.	1097

(4) "Prosecutor" has the same meaning as in section 2935.01	1098
of the Revised Code.	1099

(B) If there is any judicial finding of guilt or any	1100
conviction or a judicial finding of eligibility for intervention	1101
in lieu of conviction against a license holder, or if a license	1102
holder agrees to participate in a pre-trial diversion program, for	1103
any of the offenses listed in ~~divisions~~division (B)(2)~~(a) to (f)~~	1104
or (C) of section 3319.31 of the Revised Code, the prosecutor in	1105
the case, on forms that the state board of education shall	1106
prescribe and furnish, promptly shall notify the board and, if	1107
known, any school district or chartered nonpublic school	1108
employing the license holder of the license holder's name and	1109
residence address, and the fact that the license holder pleaded	1110
guilty to or, was convicted of, has been found eligible for	1111
intervention in lieu of conviction for, or has agreed to a	1112
diversion program for the offense.	1113

Sec. 3326.081. (A) As used in this section, "license" has the	1114
same meaning as in section 3319.31 of the Revised Code.	1115

(B) If a person who is employed by a science, technology,	1116
engineering, and mathematics school established under this	1117
chapter is arrested, summoned, or indicted for an alleged	1118
violation of an offense listed in division (C) of section 3319.31	1119
of the Revised Code, if the person holds a license, or an offense	1120
listed in division (B)(1) of section 3319.39 of the Revised Code,	1121
if the person does not hold a license, the chief administrative	1122
officer of the school shall suspend that person from all duties	1123
that require the care, custody, or control of a child during the	1124
pendency of the criminal action against the person. If the person	1125
who is arrested, summoned, or indicted for an alleged violation	1126
of an offense listed in division (C) of section 3319.31 or	1127
division (B)(1) of section 3319.39 of the Revised Code is the	1128
chief administrative officer of the school, the governing body of	1129
the school shall suspend the chief administrative officer from	1130
all duties that require the care, custody, or control of a child.	1131

(C) When a person who holds a license is suspended in	1132
accordance with this section, the chief administrative officer or	1133
governing body that imposed the suspension promptly shall report	1134
the person's suspension to the department of education. The report	1135
shall include the offense for which the person was arrested,	1136
summoned, or indicted.	1137

Sec. 3326.11. Each science, technology, engineering, and	1138
mathematics school established under this chapter and its	1139
governing body shall comply with sections 9.90, 9.91, 109.65,	1140
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	1141
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	1142
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	1143
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	1144
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	1145
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	1146
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	1147
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, ~~3319.313,~~	1148
~~3319.314, 3319.315,~~ 3319.32, 3319.321, 3319.35, 3319.39,	1149
3319.391, 3319.45, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	1150
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	1151
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	1152
4112., 4123., 4141., and 4167. of the Revised Code as if it were	1153
a school district.	1154

Sec. 3326.24. (A) As used in this section:

1155

(1) "Conduct unbecoming to the teaching profession" shall be	1156
as described in rules adopted by the state board of education.	1157

(2) "Intervention in lieu of conviction" means intervention	1158
in lieu of conviction under section 2951.041 of the Revised Code.	1159

(3) "License" has the same meaning as in section 3319.31 of	1160
the Revised Code.	1161

(4) "Pre-trial diversion program" means a pre-trial diversion	1162
program under section 2935.36 of the Revised Code or a similar	1163
diversion program under rules of a court.	1164

(B) The chief administrative officer of each science,	1165
technology, engineering, and mathematics school, or the president	1166
or chairperson of the governing body of the school, if division	1167
(C) of this section applies, shall promptly submit to the	1168
superintendent of public instruction the information prescribed	1169
in division (D) of this section when any of the following	1170
conditions applies to an employee of the school who holds a	1171
license issued by the state board of education:	1172

(1) The chief administrative officer, president, or	1173
chairperson knows that the employee has pleaded guilty to, has	1174
been found guilty by a jury or court of, has been convicted of,	1175
has been found to be eligible for intervention in lieu of	1176
conviction for, or has agreed to participate in a pre-trial	1177
diversion program for an offense described in division (B)(2) or	1178
(C) of section 3319.31 or division (B)(1) of section 3319.39 of	1179
the Revised Code.	1180

(2) The governing body of the school has initiated	1181
termination or nonrenewal proceedings against, has terminated, or	1182
has not renewed the contract of the employee because the governing	1183
body has reasonably determined that the employee has committed an	1184
act that is unbecoming to the teaching profession or an offense	1185
described in division (B)(2) or (C) of section 3319.31 or division	1186
(B)(1) of section 3319.39 of the Revised Code.	1187

(3) The employee has resigned under threat of termination or	1188
nonrenewal as described in division (B)(2) of this section.	1189

(4) The employee has resigned because of or in the course of	1190
an investigation by the governing body regarding whether the	1191
employee has committed an act that is unbecoming to the teaching	1192
profession or an offense described in division (B)(2) or (C) of	1193
section 3319.31 or division (B)(1) of section 3319.39 of the	1194
Revised Code.	1195

(C) If the employee to whom any of the conditions prescribed	1196
in divisions (B)(1) to (4) of this section applies is the chief	1197
administrative officer of a science, technology, engineering, or	1198
mathematics school, the president or chairperson of the governing	1199
body of the school shall make the report required under this	1200
section.	1201

(D) If a report is required under this section, the chief	1202
administrative officer, president, or chairperson shall submit to	1203
the superintendent of public instruction the name and social	1204
security number of the employee about whom the information is	1205
required and a factual statement regarding any of the conditions	1206
prescribed in divisions (B)(1) to (4) of this section that	1207
applies to the employee.	1208

(E) A determination made by the governing body as described	1209
in division (B)(2) of this section or a termination, nonrenewal,	1210
resignation, or other separation described in divisions (B)(2) to	1211
(4) of this section does not create a presumption of the	1212
commission or lack of the commission by the employee of an act	1213
unbecoming to the teaching profession or an offense described in	1214
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	1215
section 3319.39 of the Revised Code.	1216

(F) An individual who provides information to the	1217
superintendent of public instruction in accordance with this	1218
section in good faith shall be immune from any civil liability	1219
that otherwise might be incurred or imposed for injury, death, or	1220
loss to person or property as a result of the provision of that	1221
information.	1222

Sec. 3326.241. The governing body of each science,	1223
technology, engineering, and mathematics school shall require	1224
that the reports of any investigation by the governing body of an	1225
employee regarding whether the employee has committed an act or	1226
offense for which the chief administrative officer of the school	1227
or the president or chairperson of the governing body is required	1228
to make a report to the superintendent of public instruction	1229
under section 3314.40 of the Revised Code be kept in the	1230
employee's personnel file. If, after an investigation under	1231
division (A) of section 3319.311 of the Revised Code, the	1232
superintendent of public instruction determines that the results	1233
of that investigation do not warrant initiating action under	1234
section 3319.31 of the Revised Code, the governing body shall	1235
require the reports of the investigation to be moved from the	1236
employee's personnel file to a separate public file.	1237

Sec. 3326.242. Notwithstanding any provision to the contrary	1238
in Chapter 4117. of the Revised Code, the provisions of sections	1239
3326.24 and 3326.241 of the Revised Code prevail over any	1240
conflicting provisions of a collective bargaining agreement or	1241
contract for employment entered into after March 30, 2007.	1242

Sec. 5126.253. (A) As used in this section:

1243

(1) "Conduct unbecoming to the teaching profession" shall be	1244
as described in rules adopted by the state board of education.	1245

(2) "Intervention in lieu of conviction" means intervention	1246
in lieu of conviction under section 2951.041 of the Revised Code.	1247

(3) "License" has the same meaning as in section 3319.31 of	1248
the Revised Code.	1249

(4) "Pre-trial diversion program" means a pre-trial diversion	1250
program under section 2935.36 of the Revised Code or a similar	1251
diversion program under rules of a court.	1252

(B) ~~Each~~The superintendent of each county board of mental	1253
retardation and developmental disabilities or the president of the	1254
board, if division (C) of this section applies, shall promptly	1255
submit to the superintendent of public instruction the	1256
information prescribed in division ~~(C)~~(D) of this section when	1257
any of the following conditions ~~apply~~applies to an employee of	1258
the board who holds a license issued by the state board of	1259
education:	1260

(1) The ~~board~~superintendent or president knows that the	1261
employee has pleaded guilty to, has been found guilty by a jury	1262
or court of, or has been convicted of, has been found to be	1263
eligible for intervention in lieu of conviction for, or has agreed	1264
to participate in a pre-trial diversion program for an offense	1265
described in division (B)(2) or (C) of section 3319.31 or	1266
division (B)(1) of section 3319.39 of the Revised Code;.	1267

(2) The board has initiated termination or nonrenewal	1268
proceedings against, has terminated, or has not renewed the	1269
contract of the employee because the board has reasonably	1270
determined that the employee has committed an act unbecoming to	1271
the teaching profession or an offense described in division (B)(2)	1272
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of	1273
the Revised Code;.	1274

(3) The employee has resigned under threat of termination or	1275
nonrenewal as described in division (B)(2) of this section;.	1276

(4) The employee has resigned because of or in the course of	1277
an investigation by the board regarding whether the employee has	1278
committed an act unbecoming to the teaching profession or an	1279
offense described in division (B)(2) or (C) of section 3319.31 or	1280
division (B)(1) of section 3319.39 of the Revised Code.	1281

(C) If the employee to whom any of the conditions prescribed	1282
in divisions (B)(1) to (4) of this section applies is the	1283
superintendent of a county board of mental retardation and	1284
developmental disabilities, the president of the board shall make	1285
the report required under this section.	1286

(D) If a report is required under this section, the ~~board~~	1287
superintendent or president shall submit to the superintendent of	1288
public instruction the name and social security number of the	1289
employee about whom information is required and a factual	1290
statement regarding any of the conditions prescribed in divisions	1291
(B)(1) to (4) of this section that ~~apply~~applies to the employee.	1292

~~(D)~~(E) A determination made by the board as described in	1293
division (B)(2) of this section or a termination, nonrenewal,	1294
resignation, or other separation described in divisions (B)(2) to	1295
(4) of this section does not create a presumption of the	1296
commission or lack of the commission by the employee of an act	1297
unbecoming to the teaching profession or an offense described in	1298
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	1299
section 3319.39 of the Revised Code.	1300

(F) An individual who provides information to the	1301
superintendent of public instruction in accordance with this	1302
section in good faith shall be immune from any civil liability	1303
that otherwise might be incurred or imposed for injury, death, or	1304
loss to person or property as a result of the provision of that	1305
information.	1306

Sec. 5126.254. ~~Each~~The superintendent of each county board	1307
of mental retardation and developmental disabilities shall require	1308
that the reports of any investigation by the board of an employee	1309
regarding whether the employee has committed an act or offense for	1310
which the ~~board~~superintendent is required to make a report to the	1311
superintendent of public instruction under section 5126.253 of the	1312
Revised Code be kept in the employee's personnel file. If, after	1313
an investigation under division (A) of section 3319.311 of the	1314
Revised Code, the superintendent of public instruction determines	1315
that the results of that investigation do not warrant initiating	1316
action under section 3319.31 of the Revised Code, the	1317
superintendent of the county board shall require the reports of	1318
the board's investigation to be moved from the employee's	1319
personnel file to a separate public file.	1320

Section 2. That existing sections 2953.33, 3313.31, 3314.03,	1321
3319.01, 3319.20, 3319.302, 3319.304, 3319.31, 3319.311,	1322
3319.313, 3319.314, 3319.52, 3326.11, 5126.253, and 5126.254 of	1323
the Revised Code are hereby repealed.	1324