Ohio Revised Code
Chapter 3301 | Department of Education
Section 3301.541 | Criminal Records Check.

Effective: September 29, 2015
Latest Legislation: House Bill 64 - 131st General Assembly
(A)(1) The director, head teacher, elementary principal, or site administrator of a preschool program shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the preschool program for employment as a person responsible for the care, custody, or control of a child. If the applicant does not present proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the director, head teacher, or elementary principal shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the applicant presents proof that the applicant has been a resident of this state for that five-year period, the director, head teacher, or elementary principal may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) Any director, head teacher, elementary principal, or site administrator required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and provide the impression sheet with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the preschool program shall not employ that applicant for any position for which a criminal records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the department of education in accordance with division (E) of this section, no preschool program shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 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 occurred prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A preschool program may employ an applicant conditionally until the criminal records check required by this section is completed and the preschool program receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the preschool program shall release the applicant from employment.
(C)(1) Each preschool program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the director, head teacher, elementary principal, or site administrator of the preschool program.
(2) A preschool program may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the preschool program pays under division (C)(1) of this section. If a fee is charged under this division, the preschool program shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the applicant will not be considered for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the preschool program requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual in a case dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying circumstances under which a preschool program may hire a person who has been convicted of an offense listed in division (B)(1) of this section but who meets standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a preschool program as a person responsible for the care, custody, or control of a child, except that "applicant" does not include a person already employed by a board of education, community school, or chartered nonpublic school in a position of care, custody, or control of a child who is under consideration for a different position with such board or school.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution requesting the assistance of the educational service center in which the local district has territory in conducting criminal records checks of substitute teachers under this section, the appointing or hiring officer of such educational service center governing board shall serve for purposes of this section as the appointing or hiring officer of the local board in the case of hiring substitute teachers for employment in the local district.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3301 | Department of Education

Section 3301.01 | State Board of Education.

Section 3301.011 | Total Student Count Defined.

Section 3301.012 | Computer Science Defined.

Section 3301.02 | Elected and Appointed State Board Members - Terms of Office.

Section 3301.03 | Board Members to Be Qualified Electors - Oath, Salary, Expenses.

Section 3301.04 | Meetings.

Section 3301.041 | Audio and Video Recordings of Board of Education Meetings.

Section 3301.05 | Public Meetings, Official Records of Board.

Section 3301.06 | Vacancy on Board.

Section 3301.07 | State Board of Education - Powers and Duties.

Section 3301.071 | Standards for Teacher Certification in Nontax-Supported or Nonchartered, Nontax-Supported Schools.

Section 3301.072 | Programs of In-Service Training in District Budget and Finance.

Section 3301.074 | Licenses for School District Treasurers and Business Managers.

Section 3301.075 | Purchase and Lease of Data Processing Services and Equipment - Ohio Education Computer Network.

Section 3301.076 | Operating Reserve Account or Minimum Cash Balance.

Section 3301.077 | Adoption of Reading Competencies.

Section 3301.078 | No Agreements to Cede Control of Content Standards; No Purchase of Parcc Assessments; Analyses of Assessments.

Section 3301.079 | Academic Standards - Model Curriculum.

Section 3301.0710 | Ohio Graduation Tests.

Section 3301.0711 | Administration and Grading of Assessments.

Section 3301.0712 | College and Work Ready Assessment System.

Section 3301.0713 | Education Management Information System Advisory Council.

Section 3301.0714 | Guidelines for Statewide Education Management Information System.

Section 3301.0715 | District Board to Administer Diagnostic Assessments - Intervention Services.

Section 3301.0716 | Department Access to Student Information.

Section 3301.0717 | Establishment and Submission of Education Goals With Specific Timetables by Board.

Section 3301.0718 | Standards and Curricula for Computer Literacy, Fine Arts, Foreign Language - Health or Physical Education Provisions.

Section 3301.0719 | Adoption of Standards for Business Education in Grades Seven Through Twelve.

Section 3301.0720 | Recommendations to School Districts for Teaching Secondary School Sciences.

Section 3301.0721 | Model Curricula - College and Career Readiness, Financial Literacy; Proper Interactions With Peace Officers.

Section 3301.0723 | Data Verification Code for Younger Children Receiving State Services.

Section 3301.0725 | Extended Programming Employment of Certificated Instructional Personnel.

Section 3301.0726 | High School Instructional Materials on Personal Financial Responsibility; Development of Handwriting as a Skill.

Section 3301.0728 | Retaking of End-of-Course Examinations.

Section 3301.0729 | Time Spent on Assessments.

Section 3301.0730 | User Review of Emis Guidelines.

Section 3301.08 | Appointment of Superintendent of Public Instruction.

Section 3301.09 | Superintendent of Public Instruction Shall Be Secretary of Board.

Section 3301.10 | Superintendent of Public Instruction Shall Be Member of Board of Trustees of Ohio History Connection.

Section 3301.11 | Superintendent of Public Instruction Shall Be Executive and Administrative Officer of Board.

Section 3301.12 | Superintendent of Public Instruction - Additional Duties.

Section 3301.121 | Adjudication Procedure to Determine Whether to Permanently Exclude Pupil.

Section 3301.13 | Department of Education - Organization - Powers and Duties.

Section 3301.131 | School-Parent and School-Business Partnerships.

Section 3301.133 | Identifiable Organizational Unit of Department to Deal With Management of Education Data.

Section 3301.134 | Awards for Innovative and Exemplary Parental Involvement Programs.

Section 3301.135 | List of Free, Reduced Cost Epinepherine Autoinjectors.

Section 3301.136 | High-Quality Tutoring Program List.

Section 3301.14 | Annual Report.

Section 3301.15 | Inspection of Institutions Employing Teachers - Reports.

Section 3301.16 | State Board to Classify and Charter School Districts and Individual Schools Within Each District.

Section 3301.161 | Petition of Referendum Against Transfer of School District.

Section 3301.162 | Notice of Intent to Close Chartered Nonpublic School.

Section 3301.163 | Third-Grade Reading Guarantee for Scholarship Students.

Section 3301.164 | Chartered Nonpublic School Reporting Requirements on School Website.

Section 3301.17 | Driver Education Courses.

Section 3301.171 | Driver Education Course Fee.

Section 3301.18 | Duties of Department Regarding Desegregation Within School Districts.

Section 3301.19 | Program to Support School Boards That Voluntarily Adopt and Implement Desegregation Plan.

Section 3301.22 | Model Harassment Prevention Policy.

Section 3301.221 | List of Approved Programs in Suicide Awareness and Prevention and Violence Prevention.

Section 3301.23 | State Computer Science Education Committee and Plan.

Section 3301.27 | Research on Factors That Improve Education Effectiveness.

Section 3301.28 | Tutoring and Remedial Education Program.

Section 3301.30 | Programs for Children of Migrant Agricultural Laborers.

Section 3301.311 | Preschool Program, Early Childhood Education Program, or Early Learning Program Staff Degree Requirements.

Section 3301.32 | Criminal Records Check.

Section 3301.40 | Adult Education Programs.

Section 3301.45 | Distribution of Information From Online Education and Career Planning Tool to High Schools.

Section 3301.48 | Interstate Compact for Education.

Section 3301.481 | Identifying State Agency for Whose Benefit Real Property Is Acquired.

Section 3301.49 | Appointment of Members to Educational Commission.

Section 3301.50 | Preschool Educator License.

Section 3301.51 | Preschool Associate Educator License Not Required.

Section 3301.52 | Preschool, School Child Program Definitions.

Section 3301.521 | Applicability to Day-Care Provided Exclusively for Participants of an Adult Education Program.

Section 3301.53 | Rules for Minimum Standards for Preschool Programs.

Section 3301.531 | Tuberculosis Screening, Testing of Prospective Employees.

Section 3301.54 | Direction and Supervision of Preschool Program - Qualifications of Staff Members.

Section 3301.541 | Criminal Records Check.

Section 3301.55 | Preschool Program Building Requirements and Building Plan.

Section 3301.56 | Duties of Director of Program - Staff Requirements and Maximum Group Size - Right of Access.

Section 3301.57 | Providing Consultation and Technical Assistance.

Section 3301.58 | Licensing of Preschool Programs and School Child Programs - Enforcement of Rules.

Section 3301.59 | License Required for School Child Program to Receive State or Federal Funds - Eligible Nonpublic School Program Alternatives.

Section 3301.60 | Interstate Compact on Educational Opportunity for Military Children.

Section 3301.601 | Technology-Based Educational Opportunities for Military Family Children.

Section 3301.61 | State Council on Educational Opportunity for Military Children.

Section 3301.62 | Compact Commissioner.

Section 3301.63 | Military Family Education Liaison.

Section 3301.64 | Division of Assessment for Participation in Compact.

Section 3301.65 | School District Enrollment of Military Family Children.

Section 3301.68 | Consolidated School Mandate Report for School Districts.

Section 3301.70 | State Board Duties as to National and Community Service Act of 1990.

Section 3301.71 | Effect of Child Support Default on License or Certificate.

Section 3301.80 | Certificate of High School Equivalence.

Section 3301.81 | Criteria to Take High School Equivalency Test.

Section 3301.90 | Early Childhood Advisory Council.

Section 3301.923 | Clearinghouse of Best Practices to Promote Student Health.

Section 3301.94 | Education Data Repository.

Section 3301.941 | Student Level Data Records Collected and Maintained for Early Childhood Programs.

Section 3301.947 | Privacy of Data During Testing.

Section 3301.948 | Provision of Data to Multi-State Consortium Prohibited.