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H. B. No. 428 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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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,
3319.20, 3319.302,
3319.304, 3319.31, 3319.311, 3319.313,
3319.314, 3319.52,
3326.11, 5126.253, and 5126.254 be amended and
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 be
enacted to read as follows:
Sec. 109.66. Upon application from any person employed by
the department of education in the office of professional conduct,
the attorney general shall grant that person access to the Ohio
law enforcement gateway for the purpose of investigations
conducted under section 3319.311 of the Revised Code regarding
persons licensed by the state board of education.
Sec. 2953.33. (A) Except as provided in division (G) of
section 2953.32 of
the Revised Code, an order to seal the record
of a person's conviction
restores the person who is the subject of
the order to all rights and
privileges not otherwise restored by
termination of
the sentence or
community control
sanction or
by
final release on parole
or post-release control.
(B) In any application for employment, license, or other
right or privilege,
any appearance as a witness, or any other
inquiry, except as provided in
division (E) of section 2953.32 and
in section 3319.292 of
the Revised Code, a person may be
questioned only with respect to
convictions not sealed, bail
forfeitures not
expunged under
section 2953.42 of the Revised Code
as it existed prior to June
29, 1988, and bail forfeitures not
sealed, unless the question
bears a direct
and substantial
relationship to the position for
which the person is being
considered.
Sec. 3313.31. (A) All the duties and obligations of the
county auditor, county
treasurer, or other officer or person
relating to the moneys of a school
district shall be complied with
by dealing with the treasurer of the board of
education thereof.
The treasurer shall be the chief fiscal officer of the school
district,
shall be responsible for the financial affairs of the
district, and shall report to and is subject to the
direction of
the district board of education. Except as otherwise required by
law, no
treasurer shall be required to verify the accuracy of
nonfinancial
information
or data of the school district.
(B) Notwithstanding any provision of the Revised Code to the
contrary, but subject to section 3319.40 of the Revised Code, in
all school districts and educational service centers, the
treasurer shall direct and assign employees directly engaged in
the day-to-day fiscal operations of the district or service
center, as those employees are so designated by the board of the
district or service center.
Sec. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;.
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of
state. The contract shall require
financial records of
the school
to be maintained in
the same manner as are financial
records of
school districts, pursuant to
rules of the auditor of
state, and
the audits shall be conducted in
accordance with
section 117.10 of
the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that
the school's
classroom teachers be licensed in accordance
with
sections 3319.22 to
3319.31 of the Revised Code, except that
a
community school may engage
noncertificated persons to teach up
to
twelve
hours per week pursuant to section 3319.301 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;.
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;.
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;.
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
3313.80,
3313.96,
3319.073, 3319.313, 3319.314, 3319.315, 3319.321,
3319.39, 3319.391, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18,
3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141.,
and
4167. of
the Revised Code
as if it were a
school
district
and
will comply with section
3301.0714 of the
Revised
Code in the
manner specified in section
3314.17 of the
Revised
Code;.
(e) The school shall comply with Chapter 102. and section
2921.42 of
the
Revised Code;.
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
that a person
must successfully
complete the curriculum
in
any
high school prior
to receiving a
high school diploma may be
met by
completing the
curriculum adopted by the
governing
authority of
the community
school
rather than the curriculum
specified in Title
XXXIII of the
Revised Code or any rules of the
state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four
months after the end of each school year a
report
of
its
activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year
shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a
percentage figure to be used for reducing the per pupil
amount of
the subsidy calculated pursuant to
section 3317.029 of the Revised
Code the school is to
receive that
year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or
part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a
policy
regarding
the admission of students who reside outside
the
district in which the school
is located. That policy shall
comply
with the admissions procedures specified
in sections 3314.06 and
3314.061
of the Revised Code and, at the sole
discretion of the
authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with section 3302.04 of the
Revised Code, including division (E) of that section to the extent
possible, except that any action required to be taken by a school
district pursuant to that section shall be taken by the sponsor of
the school. However, the sponsor shall not be required to take any
action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance
and the organization and operation of the community
school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this
section, the sponsor of a
community school may, with the
approval
of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is
renewed
under this division remains subject to
the provisions of
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.101. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a
community school
established under this chapter or by an operator is
arrested,
summoned, or indicted for an alleged violation of an
offense
listed in division (C) of section 3319.31 of the Revised
Code, if
the person holds a license, or an offense listed in division
(B)(1) of section 3319.39 of the Revised Code, if the person does
not hold a license, the chief administrator of the community
school in which that person works shall
suspend that person from
all duties that require the care,
custody, or control of a child
during the pendency of the criminal
action against the person. If
the person who is arrested, summoned, or indicted for an alleged
violation of an
offense listed in division (C) of section 3319.31
or division (B)(1) of section 3319.39 of the Revised
Code is the
chief administrator of the community school, the
governing
authority of the school shall suspend the chief
administrator
from all duties that require the care, custody, or control of a
child.
(C) When a person who holds a license is suspended in
accordance with this section, the chief administrator or governing
authority that imposed the suspension promptly shall report the
person's suspension to the department of education. The report
shall include the offense for which the person was arrested,
summoned, or indicted.
Sec. 3314.40. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The chief administrator of each community school, or the
president or chairperson of the governing authority of each
community school if division (C) of this section applies, shall
promptly submit to the superintendent of public instruction the
information prescribed in division (D) of this section when any of
the following conditions applies to an employee of the school, or
an
employee of an operator working in the school, who holds a
license
issued by the state board of education:
(1) The chief administrator, or president or chairperson,
knows that the employee has
pleaded guilty to, has been found
guilty by a jury or court of, has been convicted of, has been
found to be eligible for intervention in lieu of conviction for,
or has agreed to participate in a pre-trial diversion program for
an offense described in division (B)(2) or
(C) of section 3319.31
or division (B)(1) of section 3319.39 of
the Revised Code.
(2) The governing authority of the school, or the operator,
has initiated termination or nonrenewal proceedings against, has
terminated, or has not renewed the contract of the employee
because the governing authority or operator has reasonably
determined that the employee has committed an act that is
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section.
(4) The employee has resigned because of or in the course of
an investigation by the governing authority or operator regarding
whether the employee has committed an act that is unbecoming to
the teaching profession or an offense described in division (B)(2)
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of
the Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrator of the community school, the president or
chairperson of the governing authority of the school shall make
the report required under this section.
(D) If a report is required under this section, the chief
administrator, or president or chairperson, shall submit to the
superintendent of public
instruction the name and social security
number of the employee
about whom the information is required and
a factual statement
regarding any of the conditions prescribed in
divisions (B)(1) to
(4) of this section that apply to the
employee.
(E) A determination made by the governing authority or
operator as described in division (B)(2) of this section or a
termination, nonrenewal, resignation, or other separation
described in divisions (B)(2) to (4) of this section does not
create a presumption of the commission or lack of the commission
by the employee of an act unbecoming to the teaching profession or
an offense described in division (B)(2) or (C) of section 3319.31
or division (B)(1) of section 3319.39 of the Revised Code.
(F) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3314.401. The governing authority of each community
school shall require that the reports of any investigation by the
governing authority of the school or by an operator of an employee
who works in the school, regarding whether
the employee has
committed an act or offense for which the chief
administrator of
the community school or the president or chairperson of the
governing authority is required to make a report to the
superintendent
of public instruction under section 3314.40 of the
Revised Code, be
kept in the employee's personnel file. If, after
an investigation
under division (A) of section 3319.311 of the
Revised Code, the
superintendent of public instruction determines
that the results
of that investigation do not warrant initiating
action under
section 3319.31 of the Revised Code, the governing
authority shall
require the reports of the governing authority's
or operator's investigation to
be moved from the employee's
personnel file to a separate public
file.
Sec. 3314.402. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of sections
3314.40 and 3314.401 of the Revised Code prevail over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after March 30, 2007.
Sec. 3319.01. Except in an island school district, where
the
superintendent of an educational service center otherwise may
serve as
superintendent of the district and except as otherwise
provided for any
cooperative education school district pursuant to
division (B)(2)
of section 3311.52 or division (B)(3) of section
3311.521 of the
Revised Code, the board of education in each
school district
and the governing board of each service center
shall, at a regular or special
meeting held not later than the
first day of May of the calendar year in which
the term of the
superintendent expires, appoint a person possessed of the
qualifications provided in this section to act as superintendent,
for a term
not longer than five years beginning the first day of
August and ending on the
thirty-first day of July. Such
superintendent is, at the
expiration of a current term of
employment, deemed reemployed
for a term of one year at the same
salary plus any increments
that may be authorized by the board,
unless such
board, on or before the first day of March of the year
in which
the contract of employment expires, either reemploys the
superintendent for a succeeding term as provided in this section
or gives to the superintendent written notice of its intention not
to reemploy the superintendent. A superintendent may not be
transferred to any other position during the term of the
superintendent's
employment or reemployment except by mutual
agreement by the superintendent
and the board. If a vacancy occurs
in the office of superintendent, the board
shall appoint a
superintendent for a term not to exceed five years from the
next
preceding first day of August.
A board may at any regular or special meeting
held during the
period beginning on the first day of January of
the calendar year
immediately preceding the year the contract of
employment of a
superintendent expires and ending on the first
day of March of the
year it expires, reemploy such superintendent
for a succeeding
term for not longer than five years, beginning
on the first day of
August immediately following the expiration
of the
superintendent's current term of employment and
ending on the
thirty-first day of July of the year in which such succeeding
term
expires. No person shall be appointed to the office of
superintendent of
a city, or exempted village school district or a
service center who does not
hold a license designated for being a
superintendent issued under section
3319.22 of the
Revised Code,
unless such person had been employed as a county, city, or
exempted village superintendent prior to August 1, 1939. No person
shall be
appointed to the office of local superintendent who does
not
hold a license designated for being a superintendent issued
under section
3319.22 of the Revised Code, unless such person held
or was
qualified to hold the position of executive head of a local
school district on September 16, 1957. At the time of making
such
appointment or designation of term, such board shall fix the
compensation of the superintendent, which may be increased or
decreased during such term, provided such decrease is a part of a
uniform plan affecting salaries of all employees of the district,
and shall execute a written contract of employment with such
superintendent.
Each board shall adopt procedures for the
evaluation of its
superintendent and shall evaluate its
superintendent in accordance
with those procedures. An
evaluation based upon such procedures
shall be considered by the
board in deciding whether to renew the
superintendent's contract. The
establishment of an evaluation
procedure shall not create an
expectancy of continued employment.
Nothing in this section
shall prevent a board from making the
final
determination regarding the renewal or failure to renew of a
superintendent's contract.
Termination of a superintendent's contract shall be
pursuant
to section 3319.16 of the Revised Code.
A board may establish vacation leave for its
superintendent.
Upon the superintendent's separation from
employment a board that
has such leave may provide compensation at the
superintendent's
current rate of pay for all lawfully accrued and unused
vacation
leave to the superintendent's
credit at the time of
separation,
not to exceed the amount accrued within three years
before the
date of separation. In case of the death of a
superintendent, such
unused vacation leave as the board would
have paid to this
superintendent upon separation shall be
paid in accordance with
section 2113.04 of the Revised Code, or
to the superintendent's
estate.
Notwithstanding section 9.481 of the Revised Code, the board
of a city, local, exempted village, or joint vocational school
district may require its superintendent, as a condition of
employment, to reside within the boundaries of the district.
The superintendent shall be the executive officer for the
board. The Subject to section 3319.40 of the Revised Code, the
superintendent shall direct and assign teachers and other
employees of the
district or service center, except as provided in
division (B) of section 3313.31 and section 3319.04 of the Revised
Code;. The superintendent shall assign the pupils to the proper
schools
and grades, provided that the
assignment of a pupil to a
school outside of the pupil's district of residence
is approved by
the board of the district of residence of such pupil;
and. The
superintendent shall perform such other duties as the board
determines.
The board of education of any school district may contract
with the governing board of the educational service center from
which it otherwise receives services to conduct searches and
recruitment of candidates for the superintendent position
authorized under this section.
Sec. 3319.20. (A) Whenever an employee of a board of
education, other than an employee who is a license
holder to whom
section 3319.52 of the Revised Code applies, is convicted of or
pleads guilty to a felony, a violation of section
2907.04 or
2907.06 or of division (A) or (B) of section 2907.07 of
the
Revised Code, an offense of violence, theft offense, or drug
abuse
offense that is not a minor misdemeanor, or a violation of an
ordinance
of a municipal corporation that is substantively
comparable to a felony or to
a violation or offense of that
nature, or if the employee has been found to be eligible for
intervention in lieu of conviction or has agreed to participate in
a pre-trial diversion program for one of those offenses, the
prosecutor in the case, on forms
prescribed and
furnished by the
state board of education, shall notify the employing
board of
education of the employee's name and residence address,
the fact
that the employee was convicted of
or, pleaded guilty to, has been
found eligible for intervention in lieu of conviction for, or has
agreed to a diversion program for the specified offense, the
section
of the Revised Code or the municipal ordinance violated,
and
the sentence imposed by the court.
The (B) In the case of a conviction or guilty plea, the
prosecutor shall give the notification required by this
section no
earlier than the fifth day following the expiration of
the period
within which the employee may file a notice of appeal
from the
judgment of the trial court under Appellate Rule 4(B)
and no later
than the eighth day following the expiration of that
period. The
notification also shall indicate whether the
employee appealed the
conviction, and, if applicable, the court
in which the appeal will
be heard. If the employee is permitted,
by leave of court pursuant
to Appellate Rule 5, to appeal the
judgment of the trial court
subsequent to the expiration of the
period for filing a notice of
appeal under Appellate Rule 4(B),
the prosecutor promptly shall
notify the employing board of
education of the appeal and the
court in which the appeal will be
heard.
(C) In the case of a finding of eligibility for intervention
in lieu of conviction or an agreement to participate in a
pre-trial diversion program, the prosecutor shall give the
notification required by this section by a deadline prescribed by
the state board.
(D) As used in this section, "theft offense" has the same
meaning as in section 2913.01 of the Revised Code, "drug:
(1) "Drug abuse
offense" has the same meaning as in section
2925.01 of the
Revised Code, and "prosecutor".
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(4) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(5) "Theft offense" has the same meaning as in section
2913.01 of the Revised Code.
Sec. 3319.292. As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
The state board of education and the department of education
may question an applicant for issuance or renewal of any license
with respect to any criminal offense committed or alleged to have
been committed by the applicant. If the record of a conviction,
plea of guilty, bail forfeiture, or other disposition of a
criminal offense committed or alleged to have been committed by
the applicant has been sealed or expunged, the state board and the
department need not assert or demonstrate that its questioning
with respect to the offense bears a direct and substantial
relationship to the issuance or renewal of the license or to the
position in which the applicant will work under the license.
Sec. 3319.302. It is the intent of the general assembly that
the state board of education shall administer this section without
adopting any rules for its implementation.
Unless the provisions of division (B) or, (C), or (F) of
section
3319.31 of the Revised Code apply to an applicant, the
state board
of education shall issue
a one-year
conditional
teaching permit
for teaching in grades seven to twelve
to
any
applicant
who meets
the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed
by the state board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the teaching area or subject area
in which licensure under this section is sought;
(D) Has completed the equivalent of a total of six semester
hours
of additional coursework within the past five years with a
grade point average of at least 2.5 out of 4.0, or its equivalent,
in the areas of the teaching or
subject area described in
division
(C) of this section,
characteristics of
student learning,
diversity of learners,
planning for instruction,
instruction
strategies, learning
environments, communication,
assessment, or
student support and that coursework has been approved by the
school district, community school, chartered nonpublic school, or
nonprofit or for-profit entity operating an alternative school
under section 3313.533 of the Revised Code that will employ the
applicant. The
coursework may have been
completed
through classes
developed and
offered by regional
professional development
providers, such as
special education
regional resource centers,
regional professional
development
centers, educational service
centers, local
educational agencies,
professional organizations,
and institutions
of higher education,
provided the coursework is
taken
for credit
in collaboration with a
college or university
that has
a teacher
education program
approved by the state board.
(E) The applicant has entered into a written agreement with
the school district; community school; chartered nonpublic school;
or nonprofit or
for profit
entity operating an alternative school
under section
3313.533 of
the Revised Code that will employ the
applicant and
the department
of
education under which the
district, school, or entity will
provide
for the applicant a
structured
mentoring program in
the
areas
listed in division (D)
of this
section that is aligned
with
the
performance expectations
prescribed by state board rule
for
entry-year teachers.
(F) The applicant agrees to complete while employed under
the
one-year teaching permit the equivalent of an additional
three
semester hours of coursework in the teaching area or subject area
in which
the
individual is teaching and for which the individual
will seek
an
alternative educator license pursuant to division (G)
of this
section. The individual's mentor prescribed in division
(E) of
this section shall assist the individual in selecting
coursework
to satisfy the requirement prescribed in this division.
The
coursework may be completed through classes offered by
regional
professional development providers, such as special
education
regional resource centers, regional professional
development
centers, educational service centers, local
educational agencies,
professional organizations, and institutions
of higher education,
if the coursework is taken for credit in
collaboration with a
college or university that has a teacher
education program
approved by the state board.
(G) The applicant agrees to seek at the conclusion of the
year in which the individual is
employed under the one-year
teaching permit issued under this
section an alternative educator
license
issued under section 3319.26 of the Revised Code in the
teaching area or
subject
area in which the individual has been
teaching and plans
to
continue to teach. The applicant shall not
be reemployed by
the
school district; community school; chartered
nonpublic school; or
nonprofit
or for profit
entity operating an
alternative school
under
section 3313.533 of
the Revised Code or
be employed by
another
such district, school,
or entity unless
that alternative
educator
license is issued to
the applicant prior
to the beginning
of the
next school year.
(H) The applicant pays the fee established under section
3319.51 of the Revised Code.
Sec. 3319.304. Unless the provisions of division (B) or,
(C), or (F) of section
3319.31 of the Revised Code apply to an
applicant, the state board
of education shall issue a one-year
conditional teaching permit in
the area of intervention
specialist, as defined by rule of the
state board, to any
applicant who meets the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed by the state board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the principles and practices of
teaching exceptional children, including such topics as child and
adolescent development, diagnosis and assessment of children with
disabilities, curriculum design and instruction, applied
behavioral analysis, and how to best teach students from
culturally diverse backgrounds with different learning styles;
(D) The applicant has entered into a written agreement with
the department of education and the school district, community
school, or nonprofit or for profit entity operating an alternative
school under section 3313.533 of the Revised Code that will employ
the applicant under which the district, school, or entity will
provide for the applicant a structured mentoring program in the
teaching of exceptional children that is aligned with the
performance expectations prescribed by state board rule for
entry-year teachers.
(E) The applicant agrees to complete while employed under the
one-year teaching permit the equivalent of an additional three
semester hours of coursework in the content and methods of
teaching reading. The coursework may be completed through classes
offered by regional professional development providers, such as
special education regional resource centers, regional professional
development centers, educational service centers, local
educational agencies, professional organizations, and institutions
of higher education, if the coursework is taken for credit in
collaboration with a college or university that has a teacher
education program approved by the state board.
(F) The applicant agrees to seek at the conclusion of the
year in which the individual is employed under the one-year
teaching permit issued under this section an alternative educator
license issued under section 3319.26 of the Revised Code in the
area of intervention specialist. The applicant shall not be
reemployed by the school district, community school, or nonprofit
or for profit entity operating an alternative school under section
3313.533 of the Revised Code or be employed by another such
district, school, or entity unless that alternative educator
license is issued to the applicant prior to the beginning of the
next school year.
(G) The applicant pays the fee established under section
3319.51 of the Revised Code.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of
the Revised Code, "license"
means a certificate, license, or permit described in this chapter
or in division (B)
of
section 3301.071 or in section 3301.074
of
the Revised Code.
(B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311
of
the Revised Code, may refuse to issue a license
to an applicant;
may limit a license it issues to an
applicant; may suspend,
revoke, or limit a
license that has been issued to any person; or
may revoke a license that has been issued to any person and has
expired:
(1) Engaging in an immoral act, incompetence, negligence,
or
conduct that is unbecoming to the applicant's or person's
position;
(2) A plea of guilty to, a finding of guilt by a jury or
court of,
or a conviction of any of the following:
(a) A felony other than a felony listed in division (C) of
this section;
(b) A violation of section 2907.04 or 2907.06 or
division
(A)
or (B) of section 2907.07 of the Revised Code;
(c) An offense of violence other than an offense of violence
listed in division (C) of this section;
(d)(c) A theft offense, as defined in section 2913.01 of the
Revised Code, other than a theft offense listed in division (C) of
this section;
(e)(d) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor, other than a
drug abuse offense listed in division (C) of this section;
(f)(e) A violation of an ordinance of a municipal corporation
that is
substantively comparable to an offense listed in divisions
(B)(2)(a) to (e)(d) of
this section.
(3) A judicial finding of eligibility for intervention in
lieu of conviction under section 2951.041 of the Revised Code, or
agreeing 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) or (C) of this section.
(C) Upon learning of a plea of
guilty to, a finding of guilt
by a jury or court of, or a
conviction of any of the offenses
listed in this division by a
person who holds a current or
expired license or is an applicant for a license or
renewal of a
license, the state board or the superintendent of
public
instruction, if the state board has delegated the duty
pursuant
to division (D) of this section, shall by a written order
revoke
the person's license or deny issuance or renewal of the
license
to the person. The state board or the superintendent shall
revoke
a license that has been issued to a person to whom this
division
applies and has expired in the same manner as a license
that has
not expired.
Revocation of a license or denial of issuance or renewal of a
license under this division is effective immediately at the time
and date that the board or superintendent issues the written order
and is not subject to appeal in accordance with Chapter 119. of
the Revised Code. Revocation of a license or denial of issuance or
renewal of license under this division remains in force during the
pendency of an appeal by the person of the plea of guilty, finding
of guilt, or conviction that is the basis of the action taken
under this division.
The state board or superintendent shall take the action
required by this division for a violation of division (B)(1), (2),
(3), or (4) of section 2919.22 of the Revised Code; a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11
of the Revised Code; a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996; a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date; a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense; felonious sexual penetration in
violation of former section 2907.12 of the Revised Code; or a
violation of an ordinance of a municipal corporation that is
substantively comparable to an offense listed in this paragraph.
(D) The state board may delegate to the superintendent of
public instruction the authority to revoke a person's license or
to deny issuance or renewal of a license to a person under
division (C) or (F) of this section.
(E)(1) If the plea of guilty, finding of guilt, or conviction
that is the basis of the action taken under division (B)(2) or (C)
of this
section, or under the version of division (F) of section
3319.311 of the Revised Code in effect prior to the effective date
of this amendment, is overturned on appeal, upon exhaustion of the
criminal
appeal, the person whose license was revoked or denied
under either
division may file with the state board a petition
for
reconsideration of the revocation or denial along with
appropriate
court documents.
(2) Upon receipt of a petition and supporting court documents
submitted under division (E)(1) of this section, the state board,
after offering the person an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code, shall determine
whether the person committed the act in question in the prior
criminal action against the person that is the basis of the
revocation or denial and may continue the revocation or denial,
may reinstate the person's license, with or without limits, or may
grant the person a new license, with or without limits. The
decision of the board shall be based on grounds for revoking,
denying, suspending, or limiting a license adopted by rule under
division (G) of this section and in accordance with the
evidentiary standards the board employs for all other licensure
hearings. The decision of the board under this division is subject
to appeal under Chapter 119. of the Revised Code.
(F) The state board may take action under division (B) of
this section, and the state board or the superintendent shall take
the action required under division (C) of this section, on the
basis of substantially comparable conduct
occurring in a
jurisdiction outside this state or occurring
before
a person
applies for or receives any license.
(D)(G) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3319.311. (A)(1) The state board of education, or the
superintendent of public instruction on behalf of the board, may
investigate any information received about a person that
reasonably appears to be a basis for action under section 3319.31
of the Revised Code, including information received pursuant to
section 3314.40, 3319.291, 3319.313, 3326.24, 5126.253, or
5153.176 of the
Revised Code. The Except as provided in division
(A)(2) of this
section, the board shall contract with the office
of
the Ohio
attorney general to conduct any investigation of that
nature. The board
shall pay for the costs of the contract only
from
moneys in the
state board of education licensure
fund
established under section
3319.51 of the Revised Code.
All
Except as provided in division
(A)(2) of this section, all
information received pursuant to
section 3314.40, 3319.291,
3319.313, 3326.24, 5126.253, or 5153.176 of the
Revised Code, and
all information obtained during an
investigation is
confidential
and is not a public record under
section 149.43 of
the Revised
Code. If an investigation is
conducted under this division
regarding information received about
a person and no action is
taken
against the person under
this
section or section 3319.31 of
the Revised Code within two
years
of the completion of the
investigation, all records of the
investigation shall be expunged.
(2) In the case of a person about whom the board has learned
of a plea of guilty to, finding of guilt by a jury or court
of,
or a conviction of an offense listed in division (C) of
section
3319.31 of the Revised Code, or substantially comparable conduct
occurring in a jurisdiction outside this state, the board or the
superintendent of public instruction need not conduct any further
investigation and shall take the action required by division (C)
or (F)
of that section. Except as provided in division (G) of
this section, all information obtained by the
board or the
superintendent of public instruction pertaining to
the action is
a public record under section 149.43 of the Revised
Code.
(B) The superintendent of public instruction shall review
the
results of each investigation of a person conducted under
division
(A)(1) of this section and shall determine, on behalf of
the state
board, whether the results warrant initiating action
under
division (B) of section 3319.31 of the Revised Code. The
superintendent
shall advise the board of such determination at a
meeting of
the board. Within fourteen days of the next meeting of
the board, any member
of the board may ask that the question of
initiating
action under section 3319.31 of the Revised Code be
placed on the
board's agenda for that next meeting. Prior to
initiating that
action against any person, the person's name and
any other
personally identifiable information shall remain
confidential.
(C) The board shall take no action against
a person under
division (B) of section 3319.31 of the Revised Code without
providing the
person with written notice of the
charges and with
an opportunity for a hearing in accordance with
Chapter 119. of
the Revised Code.
(D) For purposes of an investigation under division (A)(1) of
this section or a hearing under division (C) of this section or
under division (E)(2) of section 3319.31 of the Revised Code,
the
board, or the superintendent on behalf of the board, may
administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and the
production of books, accounts, papers, records, documents, and
testimony. The issuance of subpoenas under this division may be
by
certified mail or personal delivery to the person.
(E) The superintendent, on behalf of
the board, may enter
into a consent agreement with a
person against whom action is
being taken under division (B) of section 3319.31
of the Revised
Code. The board
may adopt rules governing the
superintendent's
action under this
division.
(F) The board automatically may suspend any
license without a
prior hearing if the
license holder is convicted of or pleads
guilty to
one or more of the following offenses or a violation of
an ordinance of a
municipal
corporation or a law of another state
that is substantially comparable to
one of the following offenses:
aggravated murder; murder;
aggravated arson; aggravated robbery;
aggravated burglary;
voluntary manslaughter; felonious assault;
kidnapping; rape;
sexual battery; gross sexual imposition; or
unlawful
sexual conduct with a
minor. A suspension under this
division is effective on the
date of the conviction or guilty
plea.
For a suspension under this division, the board, in
accordance with section 119.07 of the Revised Code, shall
issue a
written order of suspension to the license
holder by certified
mail or in person and shall afford
the person a hearing upon
request. If the person does not
request a hearing within the time
limits established by that
section, the board shall enter a final
order revoking the person's
license. An order of suspension under
this
division is not subject to suspension by a court during
the
pendency of an appeal filed under section 119.12 of the
Revised
Code.
An order of suspension under this division shall remain in
effect, unless reversed on appeal, until the final order of the
board, issued pursuant to this section and Chapter 119. of the
Revised Code, becomes effective. The board shall issue a final
order within sixty days of the date of an order of suspension
under this division or a hearing on an order of
suspension,
whichever is
later. If the board fails to issue a final order by
that deadline,
the order of suspension is dissolved. No
dissolution
of an order of suspension under this division shall
invalidate
a subsequent final order of the board.
(G) No surrender of a license shall be effective
until
the
board takes action to accept the surrender unless the
surrender is
pursuant to a consent agreement entered into under
division (E) of
this section.
(G) The name of any person who is not required to report
information under section 3314.40, 3319.313, 3326.24, 5126.253, or
5153.176 of the Revised Code, but who in good faith provides
information to the state board or superintendent of public
instruction about alleged misconduct committed by a person who
holds a license or has applied for issuance or renewal of a
license, shall be confidential and shall not be released. Any such
person shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the provision of that information.
Sec. 3319.313. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The board of education superintendent of each school
district, the governing board of and each educational service
center or the president of the district or service center board,
if division (C)(1) of this section applies, and the chief
administrator of each chartered nonpublic
school or the president
or chairperson of the governing authority of the nonpublic school,
if division (C)(2) of this section applies, shall promptly submit
to the superintendent of public
instruction the information
prescribed in division (C)(D) of this
section when any of the
following conditions apply applies to an employee
of the
district, service center, or nonpublic school who holds a
license
issued by the state board of education:
(1) The board of education, governing board, or
superintendent, chief administrator, president, or chairperson
knows that the employee has pleaded guilty
to, has been found
guilty by a jury or court of, or has been
convicted of, has been
found to be eligible for intervention in lieu of conviction for,
or has agreed to participate in a pre-trial diversion program for
an offense described in division (B)(2) or (C) of
section 3319.31
or division (B)(1) of section 3319.39 of the
Revised Code;
(2) The district board of education, service center governing
board, or nonpublic school chief administrator or governing
authority has initiated termination or
nonrenewal proceedings
against, has terminated, or has not renewed
the contract of the
employee because the board of education,
governing board, or
chief administrator has reasonably determined
that the employee
has committed an act that is unbecoming to the
teaching
profession or an offense described in division (B)(2) or
(C) of
section 3319.31 or division (B)(1) of section 3319.39 of
the
Revised Code;
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section;
(4) The employee has resigned because of or in the course of
an investigation by the board of education, governing board, or
chief administrator regarding whether the employee has committed
an act that is unbecoming to the teaching profession or an offense
described in division (B)(2) or (C) of section 3319.31 or division
(B)(1) of section 3319.39 of the Revised Code.
(C)(1) If the employee to whom any of the conditions
prescribed in divisions (B)(1) to (4) of this section applies is
the superintendent or treasurer of a school district or
educational service center, the president of the board of
education of the school district or of the governing board of the
educational service center shall make the report required under
this section.
(2) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrator of a chartered nonpublic school, the president or
chairperson of the governing authority of the chartered nonpublic
school shall make the report required under this section.
(D) If a report is required under this section, the board of
education, governing board, or superintendent, chief
administrator, president, or chairperson
shall submit to the
superintendent of public instruction the name
and social security
number of the employee about whom the
information is required and
a factual statement regarding any of
the conditions prescribed in
divisions (B)(1) to (4) of this
section that apply applies to the
employee.
(D)(E) A determination made by the board of education,
governing
board, or chief administrator, or governing authority
as described in division (B)(2) of
this section or a termination,
nonrenewal, resignation, or other
separation described in
divisions (B)(2) to (4) of this section
does not create a
presumption of the commission or lack of the
commission by the
employee of an act unbecoming to the teaching
profession or an
offense described in division (B)(2) or (C) of
section 3319.31 or
division (B)(1) of section 3319.39 of the
Revised Code.
(F) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3319.314. The board of education of each
school
district, the governing board of each educational
service center,
and the chief administrator of each chartered
nonpublic school
shall require that the reports of any
investigation by the
district board of education, service center
governing board, or
nonpublic school chief administrator of an employee regarding
whether the employee has committed an act or offense for which the
board of education, governing board, district or service center
superintendent or board president or nonpublic school chief
administrator or governing authority president or chairperson is
required to make a report to the superintendent
of public
instruction under section 3319.313 of the Revised Code
be kept in
the employee's personnel file. If, after an
investigation under
division (A) of section 3319.311 of the
Revised Code, the
superintendent of public instruction determines
that the results
of that investigation do not warrant initiating
action under
section 3319.31 of the Revised Code, the board of
education,
governing board, or chief administrator shall require the reports
of
the board's or chief administrator's investigation to be moved
from the employee's personnel file to a separate public file.
Sec. 3319.316. The department of education, on behalf of the
state board of education, shall be a participating public office
for purposes of the retained applicant fingerprint database
established under section 109.5721 of the Revised Code and shall
receive notification from the bureau of criminal identification
and investigation of the arrest or conviction of persons to whom
the state board has issued a license, as defined in section
3319.31 of the Revised Code.
Sec. 3319.40. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a
school district or
chartered nonpublic school is arrested,
summoned, or indicted for
an alleged violation of an offense
listed in division (C) of
section 3319.31 of the Revised Code, if the person holds a
license, or an offense listed in division (B)(1) of section
3319.39 of the Revised Code, if the person does not hold a
license, the
superintendent of the district or the chief
administrative officer
of the chartered nonpublic school shall
suspend that person from
all duties that require the care,
custody, or control of a child
during the pendency of the
criminal action against the person. If
the person who is
arrested, summoned, or
indicted for an alleged violation of an
offense listed in division
(C) of section 3319.31 or division
(B)(1) of section 3319.39 of the Revised Code is a person whose
duties are assigned by the district treasurer under division (B)
of section 3313.31 of the Revised Code, the treasurer shall
suspend the person from all duties that require the care, custody,
or control of a child. If the person
who is arrested, summoned,
or indicted for an
alleged violation of an offense listed in
division (C) of section
3319.31 or division (B)(1) of section
3319.39 of the Revised Code is the superintendent or treasurer of
the district, the district board shall suspend the superintendent
or treasurer from all duties that require the care, custody, or
control of a child. If the person who
is arrested, summoned, or
indicted for an
alleged violation of an offense listed in
division (C) of section
3319.31 or division (B)(1) of section
3319.39 of the Revised Code is the chief administrative officer of
the chartered nonpublic school, the governing authority of the
chartered nonpublic school shall suspend the chief administrative
officer from all duties that require the care, custody, or control
of a child.
(C) When a person who holds a license is suspended in
accordance with this section, the superintendent, treasurer, board
of education, chief administrative officer, or governing authority
that imposed the suspension promptly shall report the person's
suspension to the department of education. The report shall
include the offense for which the person was arrested, summoned,
or indicted.
Sec. 3319.52. (A) As used in this section:
(1) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(2) "License" has the same meaning as in section
3319.31 of
the Revised Code.
(2)(3) "Pre-trial diversion program" means a pre-trial
diversion program under section 2935.36 of the Revised Code or a
similar diversion program under rules of a court.
(4) "Prosecutor" has the same meaning as in section 2935.01
of the Revised
Code.
(B) If there is any judicial finding of guilt or any
conviction or a judicial finding of eligibility for intervention
in lieu of conviction against a
license holder, or if a license
holder agrees to participate in a pre-trial diversion program, for
any of the offenses listed
in divisions division (B)(2)(a) to
(f)
or (C) of section 3319.31 of the
Revised Code, the prosecutor in
the case,
on forms that the state
board of education shall
prescribe and furnish,
promptly shall
notify the board and, if
known, any school district or
chartered
nonpublic school
employing the license holder of the
license
holder's name and
residence address, and the
fact that the license
holder pleaded
guilty to or,
was convicted of, has been found eligible for
intervention in lieu of conviction for, or has agreed to a
diversion program for the offense.
Sec. 3326.081. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a
science, technology,
engineering, and mathematics school
established under this
chapter is arrested, summoned, or indicted
for an alleged
violation of an offense listed in division (C) of
section 3319.31
of the Revised Code, if the person holds a license, or an offense
listed in division (B)(1) of section 3319.39 of the Revised Code,
if the person does not hold a license, the chief administrative
officer of the school shall suspend that person from all duties
that require the care, custody, or control of a child during the
pendency of the criminal action against the person. If the person
who is arrested, summoned, or indicted for an
alleged violation
of an offense listed in division (C) of section
3319.31 or
division (B)(1) of section 3319.39 of the Revised Code is the
chief administrative officer of
the school, the governing body of
the school shall suspend the
chief administrative officer from
all duties that require the care, custody, or control of a child.
(C) When a person who holds a license is suspended in
accordance with this section, the chief administrative officer or
governing body that imposed the suspension promptly shall report
the person's suspension to the department of education. The report
shall include the offense for which the person was arrested,
summoned, or indicted.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.608, 3313.6012,
3313.6013, 3313.6014,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.718,
3313.80, 3313.801,
3313.96,
3319.073, 3319.21, 3319.313,
3319.314,
3319.315, 3319.32, 3319.321, 3319.35, 3319.39,
3319.391, 3319.45,
3321.01,
3321.13, 3321.14,
3321.17,
3321.18,
3321.19, 3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters 102., 117.,
1347.,
2744., 3307., 3309.,
3365.,
3742.,
4112., 4123.,
4141.,
and
4167. of the Revised Code
as if it were
a school district.
Sec. 3326.24. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The chief administrative officer of each science,
technology, engineering, and mathematics school, or the president
or chairperson of the governing body of the school, if division
(C) of this section applies, shall promptly
submit to the
superintendent of public instruction the information
prescribed
in division (D) of this section when any of the
following
conditions applies to an employee of the school who holds
a
license issued by the state board of education:
(1) The chief administrative officer, president, or
chairperson knows that the employee
has pleaded guilty to, has
been found guilty by a jury or court
of, has been convicted of,
has been found to be eligible for intervention in lieu of
conviction for, or has agreed to participate in a pre-trial
diversion program for an offense described in division
(B)(2) or
(C) of section 3319.31 or division (B)(1) of section
3319.39 of
the Revised Code.
(2) The governing body of the school has initiated
termination or nonrenewal proceedings against, has terminated, or
has not renewed the contract of the employee because the governing
body has reasonably determined that the employee has committed an
act that is unbecoming to the teaching profession or an offense
described in division (B)(2) or (C) of section 3319.31 or division
(B)(1) of section 3319.39 of the Revised Code.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section.
(4) The employee has resigned because of or in the course of
an investigation by the governing body regarding whether the
employee has committed an act that is unbecoming to the teaching
profession or an offense described in division (B)(2) or (C) of
section 3319.31 or division (B)(1) of section 3319.39 of the
Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrative officer of a science, technology, engineering, or
mathematics school, the president or chairperson of the governing
body of the school shall make the report required under this
section.
(D) If a report is required under this section, the chief
administrative officer, president, or chairperson shall submit to
the superintendent of
public instruction the name and social
security number of the
employee about whom the information is
required and a factual
statement regarding any of the conditions
prescribed in divisions
(B)(1) to (4) of this section that
applies to the employee.
(E) A determination made by the governing body as described
in division (B)(2) of this section or a termination, nonrenewal,
resignation, or other separation described in divisions (B)(2) to
(4) of this section does not create a presumption of the
commission or lack of the commission by the employee of an act
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(F) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3326.241. The governing body of each
science,
technology, engineering, and mathematics school shall
require
that the reports of any investigation by the governing
body of an
employee regarding whether the employee
has committed an act or
offense for which the chief administrative
officer of the school
or the president or chairperson of the governing body is required
to make a report to the superintendent of
public instruction
under section 3314.40 of the Revised Code be
kept in the
employee's personnel file. If, after an investigation
under
division (A) of section 3319.311 of the Revised Code, the
superintendent of public instruction determines that the results
of that investigation do not warrant initiating action under
section 3319.31 of the Revised Code, the governing body shall
require the reports of the investigation to be moved from the
employee's personnel file to a
separate public file.
Sec. 3326.242. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of sections
3326.24 and 3326.241 of the Revised Code prevail over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after March 30, 2007.
Sec. 5126.253. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) Each The superintendent of each county board of mental
retardation and developmental disabilities or the president of the
board, if division (C) of this section applies, shall promptly
submit
to the superintendent of public instruction the
information
prescribed in division (C)(D) of this section when
any of the
following conditions apply applies to an employee of
the board who holds a
license issued by the state board of
education:
(1) The board superintendent or president knows that the
employee has
pleaded guilty to, has been found guilty by a jury
or court of, or
has been convicted of, has been found to be
eligible for intervention in lieu of conviction for, or has agreed
to participate in a pre-trial diversion program for an offense
described in division (B)(2) or
(C) of section 3319.31 or
division (B)(1) of section 3319.39 of
the Revised Code;.
(2) The board has initiated termination or nonrenewal
proceedings against, has terminated, or has not renewed the
contract of the employee because the board has reasonably
determined that the employee has committed an act unbecoming to
the teaching profession or an offense described in division (B)(2)
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of
the Revised Code;.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section;.
(4) The employee has resigned because of or in the course of
an investigation by the board regarding whether the employee has
committed an act unbecoming to the teaching profession or an
offense described in division (B)(2) or (C) of section 3319.31 or
division (B)(1) of section 3319.39 of the Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the
superintendent of a county board of mental retardation and
developmental disabilities, the president of the board shall make
the report required under this section.
(D) If a report is required under this section, the board
superintendent or president shall submit to the superintendent of
public
instruction the name and social security number of the
employee
about whom information is required and a factual
statement
regarding any of the conditions prescribed in divisions
(B)(1) to
(4) of this section that apply applies to the employee.
(D)(E) A determination made by the board as described in
division (B)(2) of this section or a termination, nonrenewal,
resignation, or other separation described in divisions (B)(2) to
(4) of this section does not create a presumption of the
commission or lack of the commission by the employee of an act
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(F) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 5126.254. Each The superintendent of each county board
of mental retardation and developmental disabilities shall require
that the reports of any investigation by the board of an employee
regarding whether the employee has committed an act or offense for
which the board superintendent is required to make a report to the
superintendent of public instruction under section 5126.253 of the
Revised Code be kept in the employee's personnel file. If, after
an investigation under division (A) of section 3319.311 of the
Revised Code, the superintendent of public instruction determines
that the results of that investigation do not warrant initiating
action under section 3319.31 of the Revised Code, the
superintendent of the county board shall require the reports of
the board's
investigation to be moved from the employee's
personnel file to a
separate public file.
Section 2. That existing 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 of
the Revised
Code are hereby repealed.
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