| (1) "Letter of admonishment" means a written reprimand issued | 7 |
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by the state board of education, or the superintendent of public | 8 |
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instruction on behalf of the state board, to a person who holds a | 9 |
|
license detailing misconduct by the person that the state board | 10 |
|
considers to be conduct unbecoming to the person's position but | 11 |
|
for which the state board does not intend to take action under | 12 |
|
section 3319.31 of the Revised Code. | 13 |
| (B) The superintendent of public instruction, on behalf of | 16 |
|
the state board, may issue a letter of admonishment to a license | 17 |
|
holder against whom action is pending under sections 3319.31 and | 18 |
|
3319.311 of the Revised Code. A letter of admonishment shall | 19 |
|
include a written waiver signed by the license holder | 20 |
|
acknowledging that the license holder is in agreement with the | 21 |
|
letter of admonishment and waiving the license holder's right to | 22 |
|
an administrative hearing pursuant to Chapter 119. of the Revised | 23 |
|
Code. | 24 |
| (C) A license holder who received a letter of admonishment | 25 |
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prior to January 1, 2012, may file a petition with the department | 26 |
|
of education to rescind that letter of admonishment. Upon receipt | 27 |
|
of a petition to rescind, the state superintendent, on behalf of | 28 |
|
the state board, may rescind a letter of admonishment, unless the | 29 |
|
letter of admonishment was issued pursuant to a consent agreement | 30 |
|
or a resolution of the state board. No petition for rescission | 31 |
|
under this division, shall be filed later than one year after the | 32 |
|
effective date of the rules adopted by the state board under | 33 |
|
division (G) of this section. A rescinded letter of admonishment | 34 |
|
and any related documents are not public records under section | 35 |
|
149.43 of the Revised Code. | 36 |
| (D) A license holder who received any letter of admonishment | 37 |
|
may file a petition with the department to seal that letter of | 38 |
|
admonishment. The state superintendent, on behalf of the state | 39 |
|
board, may seal a letter of admonishment only if the license | 40 |
|
holder meets rehabilitation criteria prescribed by rules adopted | 41 |
|
by the state board. No petition to seal a letter of admonishment | 42 |
|
shall be filed until the effective date of the rules adopted by | 43 |
|
the state board under division (G) of this section. A sealed | 44 |
|
letter of admonishment and any related documents are not public | 45 |
|
records under section 149.43 of the Revised Code, except in | 46 |
|
subsequent disciplinary proceedings involving the license holder | 47 |
|
who was the subject of the admonishment. | 48 |
| (E) The state superintendent, on behalf of the state board, | 49 |
|
shall issue a written decision upon granting a rescission or | 50 |
|
sealing of a letter of admonishment under division (C) or (D) of | 51 |
|
this section. In the written decision, the superintendent shall | 52 |
|
notify the petitioner of the petitioner's rights to request an | 53 |
|
oral review hearing before an independent hearing officer to | 54 |
|
appeal the superintendent's decision. The review hearing shall not | 55 |
|
be subject to the provisions of Chapter 119. of the Revised Code, | 56 |
|
and the hearing officer's decision shall be a final, nonappealable | 57 |
|
order. | 58 |
| (F) The state board and its members, the state | 59 |
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superintendent, and the department and its employees shall be | 60 |
|
immune from any civil liability related to the issuance, | 61 |
|
rescission, or sealing of a letter of admonishment and shall not | 62 |
|
be responsible for any attorney's fees or other costs incurred or | 63 |
|
imposed as a result of a letter of admonishment being issued, | 64 |
|
rescinded, or sealed. | 65 |