To enact section 3319.318 of the Revised Code to establish a process to appeal letters of admonishment issued by the State Board of Education.

Section 1. That section 3319.318 of the Revised Code be enacted to read as follows:

Sec. 3319.318.  (A) As used in this section:

(1) "Letter of admonishment" means a written reprimand issued by the state board of education to a person who holds a license detailing misconduct by the person that the state board considers to be conduct unbecoming to the person's position but for which the state board does not intend to take action under section 3319.31 of the Revised Code.

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

(B) Within thirty days after the issuance of a letter of admonishment, the person who is the subject of the letter may request the department of education to hold a hearing to review the decision to issue the letter. If a hearing is requested, the department shall set a date for the hearing that is not later than sixty days after the request is made.

(C) The hearing shall be conducted by a panel consisting of the following members:

(1) The superintendent of public instruction, or the superintendent's designee;

(2) The director of the department's office of educator licensure, or the director's designee;

(3) The chairperson of the educator standards board established under section 3319.60 of the Revised Code, or the chairperson's designee.

(D) At the hearing, a representative of the department's office of professional conduct shall present the findings that led to the issuance of the letter of admonishment and the person who is the subject of the letter shall present any information that the person believes should be considered in reviewing the decision to issue the letter. The person who is the subject of the letter may be represented by counsel for the hearing.

(E) Within sixty days after the conclusion of the hearing, the panel, by majority vote, shall recommend to the state board that the letter of admonishment be upheld or rescinded. The panel shall issue a written statement explaining its recommendation. At the state board's next meeting that occurs at least two weeks after issuance of the panel's recommendation, the state board shall consider the recommendation and, by majority vote, shall decide whether to uphold or rescind the letter of admonishment. If the state board decides in favor of rescission, the letter of admonishment shall be removed from the disciplinary record of the person who is the subject of the letter. The decision of the state board shall be final and is not appealable.

(F) All documents and records pertaining to a hearing conducted under this section are public records under section 149.43 of the Revised Code.

(G) A person may request a hearing regarding a letter of admonishment only in accordance with this section. The appeals procedures of Chapter 119. of the Revised Code shall not apply to letters of admonishment.

Section 2. Notwithstanding division (B) of section 3319.318 of the Revised Code, as enacted by this act, any person who was issued a letter of admonishment prior to the effective date of this section may request the Department of Education to hold a hearing to review the decision to issue the letter, provided the request is made within thirty days after that effective date. Upon such a request, the person shall be granted a hearing in accordance with section 3319.318 of the Revised Code.