Ohio Revised Code
Chapter 3319 | Schools - Superintendent; Teachers; Employees
Section 3319.088 | Educational Aide Permits - Educational Paraprofessional Licenses for Educational Assistants.

Effective: October 9, 2021
Latest Legislation: House Bill 263 - 133rd General Assembly
As used in this section, "educational assistant" means any nonteaching employee in a school district who directly assists a teacher as defined in section 3319.09 of the Revised Code, by performing duties for which a license issued pursuant to sections 3319.22 to 3319.30 of the Revised Code is not required.
(A) The state board of education shall issue educational aide permits and educational paraprofessional licenses for educational assistants and shall adopt rules for the issuance and renewal of such permits and licenses which shall be consistent with the provisions of this section. Educational aide permits and educational paraprofessional licenses may be of several types and the rules shall prescribe the minimum qualifications of education and health for the service to be authorized under each type. The prescribed minimum qualifications may require special training or educational courses designed to qualify a person to perform effectively the duties authorized under an educational aide permit or educational paraprofessional license.
(B)(1) Any application for a permit or license, or a renewal or duplicate of a permit or license, under this section shall be accompanied by the payment of a fee in the amount established under division (A) of section 3319.51 of the Revised Code. Any fees received under this division shall be paid into the state treasury to the credit of the state board of education licensure fund established under division (B) of section 3319.51 of the Revised Code.
(2) Any person applying for or holding a permit or license pursuant to this section is subject to sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code and sections 3319.31 and 3319.311 of the Revised Code.
(C) Educational assistants shall at all times while in the performance of their duties be under the supervision and direction of a teacher as defined in section 3319.09 of the Revised Code. Educational assistants may assist a teacher to whom assigned in the supervision of pupils, in assisting with instructional tasks, and in the performance of duties which, in the judgment of the teacher to whom the assistant is assigned, may be performed by a person not licensed pursuant to sections 3319.22 to 3319.30 of the Revised Code and for which a teaching license, issued pursuant to sections 3319.22 to 3319.30 of the Revised Code is not required. The duties of an educational assistant shall not include the assignment of grades to pupils. The duties of an educational assistant need not be performed in the physical presence of the teacher to whom assigned, but the activity of an educational assistant shall at all times be under the direction of the teacher to whom assigned. The assignment of an educational assistant need not be limited to assisting a single teacher. In the event an educational assistant is assigned to assist more than one teacher the assignments shall be clearly delineated and so arranged that the educational assistant shall never be subject to simultaneous supervision or direction by more than one teacher.
Educational assistants assigned to supervise children shall, when the teacher to whom assigned is not physically present, maintain the degree of control and discipline that would be maintained by the teacher.
Educational assistants may not be used in place of classroom teachers or other employees and any payment of compensation by boards of education to educational assistants for such services is prohibited. The ratio between the number of licensed teachers and the pupils in a school district may not be decreased by utilization of educational assistants and no grouping, or other organization of pupils, for utilization of educational assistants shall be established which is inconsistent with sound educational practices and procedures. A school district may employ up to one full time equivalent educational assistant for each six full time equivalent licensed employees of the district. Educational assistants shall not be counted as licensed employees for purposes of state support in the school foundation program and no grouping or regrouping of pupils with educational assistants may be counted as a class or unit for school foundation program purposes. Neither special courses required by the regulations of the state board of education, prescribing minimum qualifications of education for an educational assistant, nor years of service as an educational assistant shall be counted in any way toward qualifying for a teacher license, for a teacher contract of any type, or for determining placement on a salary schedule in a school district as a teacher.
(D) Educational assistants employed by a board of education shall have all rights, benefits, and legal protection available to other nonteaching employees in the school district, except that provisions of Chapter 124. of the Revised Code shall not apply to any person employed as an educational assistant, and shall be members of the school employees retirement system. Educational assistants shall be compensated according to a salary plan adopted annually by the board.
Except as provided in this section nonteaching employees shall not serve as educational assistants without first obtaining an appropriate educational aide permit or educational paraprofessional license from the state board of education. A nonteaching employee who is the holder of a valid educational aide permit or educational paraprofessional license shall neither render nor be required to render services inconsistent with the type of services authorized by the permit or license held. No person shall receive compensation from a board of education for services rendered as an educational assistant in violation of this provision.
Nonteaching employees whose functions are solely secretarial-clerical and who do not perform any other duties as educational assistants, even though they assist a teacher and work under the direction of a teacher shall not be required to hold a permit or license issued pursuant to this section. Students preparing to become licensed teachers or educational assistants shall not be required to hold an educational aide permit or paraprofessional license for such periods of time as such students are assigned, as part of their training program, to work with a teacher in a school district. Such students shall not be compensated for such services.
Following the determination of the assignment and general job description of an educational assistant and subject to supervision by the teacher's immediate administrative officer, a teacher to whom an educational assistant is assigned shall make all final determinations of the duties to be assigned to such assistant. Teachers shall not be required to hold a license designated for being a supervisor or administrator in order to perform the necessary supervision of educational assistants.
(E) No person who is, or who has been employed as an educational assistant shall divulge, except to the teacher to whom assigned, or the administrator of the school in the absence of the teacher to whom assigned, or when required to testify in a court or proceedings, any personal information concerning any pupil in the school district which was obtained or obtainable by the educational assistant while so employed. Violation of this provision is grounds for disciplinary action or dismissal, or both.
(F) Notwithstanding anything to the contrary in this section, the superintendent of a school district may allow an employee who does not hold a permit or license issued under this section to work as a substitute for an educational assistant who is absent on account of illness or on a leave of absence, or to fill a temporary position created by an emergency, provided that the superintendent believes the employee's application materials indicate that the employee is qualified to obtain a permit or license under this section.
An employee shall begin work as a substitute under this division not earlier than on the date on which the employee files an application with the state board for a permit or license under this section. An employee shall cease working as a substitute under this division on the earliest of the following:
(1) The date on which the employee files a valid permit or license issued under this section with the superintendent;
(2) The date on which the employee is denied a permit or license under this section;
(3) Sixty days following the date on which the employee began work as a substitute under this division.
The superintendent shall ensure that an employee assigned to work as a substitute under division (F) of this section has undergone a criminal records check in accordance with section 3319.391 of the Revised Code.
Last updated October 12, 2021 at 2:44 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3319 | Schools - Superintendent; Teachers; Employees

Section 3319.01 | Superintendent of an Educational Service Center - Appointment and Duties.

Section 3319.011 | Superintendent Pro Tempore.

Section 3319.02 | Assistant Superintendents and Other Administrators.

Section 3319.03 | Business Manager.

Section 3319.031 | Assignment of Business Manager Functions.

Section 3319.04 | Business Manager - Powers and Duties.

Section 3319.05 | Compensation of Business Manager - Bond.

Section 3319.06 | Internal Auditor Authorized - Contract - Evaluation.

Section 3319.07 | Employment of Teachers.

Section 3319.071 | Professional Development Program for Teachers.

Section 3319.072 | Lunch Period for Teachers.

Section 3319.073 | In-Service Training in Child Abuse Prevention Programs, School Safety and Violence Prevention, and Training on the Board's Harassment, Intimidation, or Bullying Policy.

Section 3319.074 | Professional Qualifications of Teachers and Paraprofessionals.

Section 3319.075 | Use of Professional Development Standards.

Section 3319.076 | License Required to Teach Physical Education.

Section 3319.077 | Teacher Professional Development in Dyslexia.

Section 3319.078 | Structured Literacy Certification.

Section 3319.08 | Contracts for Employment or Reemployment of Teachers.

Section 3319.081 | Contracts for Nonteaching Employees.

Section 3319.082 | Annual Notice of Salary to Nonteaching School Employees.

Section 3319.083 | Notice of Intention Not to Re-Employ.

Section 3319.084 | Nonteaching School Employees - Vacation Leave and Vacation Credit.

Section 3319.085 | Military Leave for Nonteaching Employees.

Section 3319.086 | Standard Work Week.

Section 3319.087 | Paid Holidays.

Section 3319.088 | Educational Aide Permits - Educational Paraprofessional Licenses for Educational Assistants.

Section 3319.089 | Using Work Experience Program Participants.

Section 3319.0810 | Contracting for Student Transportation Services.

Section 3319.0811 | Supplemental Contracts for Courses Taught Outside Normal School Day.

Section 3319.09 | Teacher Definitions.

Section 3319.10 | Employment and Status of Substitute Teachers.

Section 3319.101 | Conditional Employment of Substitute Teachers Pending Receipt of Teacher's Certificate.

Section 3319.11 | Continuing Service Status - Limited Contract - Notice of Intent Not to Re-Employ.

Section 3319.111 | Applicability of Section; Evaluating Teachers on Limited Contracts.

Section 3319.112 | Revision of Standards-Based State Framework for the Evaluation of Teachers.

Section 3319.113 | Standards-Based State Framework for Evaluation of School Counselors.

Section 3319.12 | Annual Notice of Salary to Be Paid Teacher - Transfer to Other Positions.

Section 3319.13 | Leave of Absence - Request - Employment of Replacement.

Section 3319.131 | Leaves of Absence for Professional Growth.

Section 3319.14 | Military Leave of Absence.

Section 3319.141 | Sick Leave.

Section 3319.142 | Personal Leave for Nonteaching Employees.

Section 3319.143 | Policy of Assault Leave.

Section 3319.15 | Termination of Contract by Teacher.

Section 3319.151 | Prohibition on Assisting Students in Cheating on Assessments.

Section 3319.16 | Termination of Contract by Board of Education.

Section 3319.161 | Appointing Referees for Contract Termination Cases.

Section 3319.17 | Reduction in Number of Teachers - Restoration.

Section 3319.171 | Administrative Personnel Suspension Policy.

Section 3319.172 | Reasonable Reductions in Nonteaching Employees.

Section 3319.18 | Status of Teachers Under Transfer or Consolidation.

Section 3319.181 | Civil Service Status of Nonteaching Employees in Transferred or New District.

Section 3319.20 | Notification of Nonlicensed Employee's Guilty Plea or Conviction of Certain Offenses.

Section 3319.21 | Contract Employing Relative as Teacher Void.

Section 3319.22 | Standards and Requirements for Educator Licenses; Local Professional Development Committees.

Section 3319.221 | Pupil Services Personnel Registration.

Section 3319.222 | Effect on Certificates Issued Before Change in Law.

Section 3319.223 | Ohio Teacher Residency Program.

Section 3319.224 | Contracts for Speech and Language or Audiology Services.

Section 3319.226 | Educator Licenses for Substitute Teaching.

Section 3319.227 | Teach for America Educator's License.

Section 3319.228 | Issuance of License to Those Licensed in Other States; List of States With Inadequate Licensure Standards.

Section 3319.229 | Career-Technical Workforce Development Educator License.

Section 3319.2211 | Employment of Adult Education Permit Holder.

Section 3319.2212 | [Repealed Effective 4/6/2023 by h.b. 509, 134th General Assembly] School Psychologists' Provision of Telehealth Services.

Section 3319.23 | License Required for Teaching American History and Government Content.

Section 3319.231 | Qualifications for Teaching Community Service Education.

Section 3319.232 | License for Teaching Students With Visual Disabilities.

Section 3319.233 | Educator License Requirements Beginning 7/1/2017.

Section 3319.234 | Study of Relationship of Licensure Assessment Performance to Classroom Effectiveness.

Section 3319.235 | Integrating Educational Technology.

Section 3319.236 | Qualifications to Teach Computer Science.

Section 3319.237 | Courses to Teach in Grades Pre-K Through 5; Curriculum; Continuing Education.

Section 3319.238 | Financial Literacy License Validation.

Section 3319.239 | Reimbursement for Financial Literacy Validation Costs.

Section 3319.24 | Coursework in Teaching Reading and Phonics Required for Certain Initial Provisional License Applicants.

Section 3319.25 | Teacher Performance Assessment Entity.

Section 3319.26 | Alternative Educator Licenses.

Section 3319.261 | Alternative Resident Educator License.

Section 3319.262 | Standards and Requirements for Obtaining Nonrenewable Four-Year Initial Early College High School Educator License.

Section 3319.263 | Alternative Resident Educator License Subject Areas.

Section 3319.27 | Alternative Principal License.

Section 3319.272 | Professional Administrator License Upon Completion of Bright New Leaders for Ohio Schools Program.

Section 3319.28 | Provisional Educator License for Stem School Teacher.

Section 3319.283 | Veteran Not Certificated or Licensed.

Section 3319.284 | Extension of Educator License for Members of Armed Forces.

Section 3319.29 | Fees.

Section 3319.291 | Fingerprints and Authorization to Forward to Bureau of Criminal Identification and Investigation.

Section 3319.292 | Questioning of Applicant Regarding Criminal History.

Section 3319.30 | Necessity of License - Professional Meetings.

Section 3319.301 | Board to Issue Permits to Qualified Nonlicensed Individuals.

Section 3319.303 | Standards and Requirements for Obtaining Pupil-Activity Program Permit.

Section 3319.31 | Refusal to Issue, Suspension, Revocation or Limitations of License.

Section 3319.311 | Investigations.

Section 3319.312 | Effect of Child Support Default on Certificate or Permit.

Section 3319.313 | Information Concerning Improper Conduct by Licensed Employee.

Section 3319.314 | Report of Improper Conduct Investigation Kept in Personnel File.

Section 3319.315 | Rc 3319.313 and Rc 3319.314 Prevail Over Contractual Provisions.

Section 3319.316 | Participation in Retained Applicant Fingerprint Database.

Section 3319.317 | False Report of Employee Misconduct Prohibited.

Section 3319.318 | Illegally Assisting a Sex Offender in Attaining School Employment.

Section 3319.319 | Release of Information Obtained During an Investigation of an Educator.

Section 3319.32 | Records to Be Kept by Superintendents and Teachers of All Schools - Reports.

Section 3319.321 | Confidentiality.

Section 3319.322 | Copy of Photographs for School Files.

Section 3319.323 | Alterations of Records Prohibited.

Section 3319.33 | Annual Report of Statistics - Civil Proceedings Information.

Section 3319.35 | Failure of Superintendent or Treasurer to Make Reports.

Section 3319.36 | Requirements for Payment of Teacher for Services.

Section 3319.361 | Rules for Issuance of Supplemental Teaching License.

Section 3319.37 | Appointment of Persons to Make Reports for Treasurer or Executive Head - Compensation.

Section 3319.39 | Criminal Records Check.

Section 3319.391 | Applicants and New Hires Subject to Criminal Records Check Provisions.

Section 3319.392 | Criminal Records Check of Private Contract Employee.

Section 3319.393 | Educator Profile Database Consultation.

Section 3319.40 | Suspension of Employee Pending Criminal Action.

Section 3319.41 | Corporal Punishment Policy.

Section 3319.42 | Interstate Agreement on Qualification of Educational Personnel.

Section 3319.43 | Designated State Official Shall Be Superintendent of Public Instruction.

Section 3319.44 | Copies of Contracts to Be Kept on File.

Section 3319.45 | Principal to Report Certain Act or Violations by Pupil to Superintendent and Law Enforcement Officer.

Section 3319.46 | Policy and Rules Regarding Positive Behavior Intervention Supports and the Use of Physical Restraint or Seclusion on Students; Duties of Board.

Section 3319.47 | Sexual Harassment Counseling.

Section 3319.51 | Fees - State Board of Education Licensure Fund.

Section 3319.52 | Notification of Guilty Plea or Conviction of License Holder.

Section 3319.55 | Grant Program for Teachers.

Section 3319.56 | Identifying Promising Practices.

Section 3319.57 | Grant Program for Innovations.

Section 3319.60 | Educator Standards Board.

Section 3319.61 | Duties of Board.

Section 3319.611 | Subcommittee on Standards for Superintendents of the Education Standards Board.

Section 3319.612 | Subcommittee on Standards for School Treasurers and Business Managers of the Educator Standards Board.

Section 3319.613 | [Repealed Effective 4/6/2023 by h.b. 554, 134th General Assembly] Subcommittee on Standards for Teacher Preparation.

Section 3319.63 | Granting Professional Leave for Educator Standards Board Service.

Section 3319.65 | Credential Review Board.

Section 3319.67 | Teacher of the Year Recognition Program.

Section 3319.80 | Engagement of Dyslexia Specialist to Train Teachers.

Section 3319.99 | Penalty.