Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) The state board of education shall require each of the following persons, at the times prescribed by division (A) of this section, to undergo a criminal records check, unless the person has undergone a records check under this section or a former version of this section less than five years prior to that time.
(1) Any person initially applying for any 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 at the time that application is made;
(2) Any person applying for renewal of any certificate, license, or permit described in division (A)(1) of this section at the time that application is made;
(3) Any person who is teaching under a professional teaching certificate issued under former section 3319.222 of the Revised Code upon a date prescribed by the state board;
(4) Any person who is teaching under a permanent teaching certificate issued under former section 3319.22 as it existed prior to October 29, 1996, or under former section 3319.222 of the Revised Code upon a date prescribed by the state board and every five years thereafter.
(B)(1) Except as otherwise provided in division (B)(2) of this section, the state board shall require each person subject to a criminal records check under this section to submit two complete sets of fingerprints and written permission that authorizes the superintendent of public instruction to forward the fingerprints to the bureau of criminal identification and investigation pursuant to division (F) of section 109.57 of the Revised Code and that authorizes that bureau to forward the fingerprints to the federal bureau of investigation for purposes of obtaining any criminal records that the federal bureau maintains on the person.
(2) If both of the following conditions apply to a person subject to a criminal records check under this section, the state board shall require the person to submit one complete set of fingerprints and written permission that authorizes the superintendent of public instruction to forward the fingerprints to the bureau of criminal identification and investigation so that bureau may forward the fingerprints to the federal bureau of investigation for purposes of obtaining any criminal records that the federal bureau maintains on the person:
(a) Under this section or any former version of this section, the state board or the superintendent of public instruction previously requested the superintendent of the bureau of criminal identification and investigation to determine whether the bureau has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
(C) Except as provided in division (D) of this section, prior to issuing or renewing any certificate, license, or permit for a person described in division (A)(1) or (2) of this section who is subject to a criminal records check and in the case of a person described in division (A)(3) or (4) of this section who is subject to a criminal records check, the state board or the superintendent of public instruction shall do one of the following:
(1) If the person is required to submit fingerprints and written permission under division (B)(1) of this section, request the superintendent of the bureau of criminal identification and investigation to determine whether the bureau has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, pertaining to the person and to obtain any criminal records that the federal bureau of investigation has on the person.
(2) If the person is required to submit fingerprints and written permission under division (B)(2) of this section, request the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the federal bureau of investigation has on the person.
(D) The state board or the superintendent of public instruction may choose not to request any information about a person required by division (C) of this section if the person provides proof that a criminal records check that satisfies the requirements of that division was conducted on the person as a condition of employment pursuant to section 3319.39 of the Revised Code within the immediately preceding year. The state board or the superintendent of public instruction may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by the person in lieu of requesting that information under division (C) of this section if the records were issued by the bureau within the immediately preceding year.
(E)(1) If a person described in division (A)(3) or (4) of this section who is subject to a criminal records check fails to submit fingerprints and written permission by the date specified in the applicable division, and the state board or the superintendent of public instruction does not apply division (D) of this section to the person, or if a person who is subject to division (G) of this section fails to submit fingerprints and written permission by the date prescribed under that division, the superintendent shall prepare a written notice stating that if the person does not submit the fingerprints and written permission within fifteen days after the date the notice was mailed, the person's application will be rejected or the person's professional or permanent teaching certificate or license will be inactivated. The superintendent shall send the notification by regular mail to the person's last known residence address or last known place of employment, as indicated in the department of education's records, or both.
If the person fails to submit the fingerprints and written permission within fifteen days after the date the notice was mailed, the superintendent of public instruction, on behalf of the state board, shall issue a written order rejecting the application or inactivating the person's professional or permanent teaching certificate or license. The rejection or inactivation shall remain in effect until the person submits the fingerprints and written permission. The superintendent shall send the order by regular mail to the person's last known residence address or last known place of employment, as indicated in the department's records, or both. The order shall state the reason for the rejection or inactivation and shall explain that the rejection or inactivation remains in effect until the person submits the fingerprints and written permission.
The rejection or inactivation of a professional or permanent teaching certificate or license under division (E)(1) of this section does not constitute a suspension or revocation of the certificate or license by the state board under section 3319.31 of the Revised Code and the state board and the superintendent of public instruction need not provide the person with an opportunity for a hearing with respect to the rejection or inactivation.
(2) If a person whose professional or permanent teaching certificate or license has been rejected or inactivated under division (E)(1) of this section submits fingerprints and written permission as required by division (B) or (G) of this section, the superintendent of public instruction, on behalf of the state board, shall issue a written order issuing or reactivating the certificate or license. The superintendent shall send the order to the person by regular mail.
(F) Notwithstanding divisions (A) to (C) of this section, if a person holds more than one certificate, license, or permit described in division (A)(1) of this section, the following shall apply:
(1) If the certificates, licenses, or permits are of different durations, the person shall be subject to divisions (A) to (C) of this section only when applying for renewal of the certificate, license, or permit that is of the longest duration. Prior to renewing any certificate, license, or permit with a shorter duration, the state board or the superintendent of public instruction shall determine whether the department of education has received any information about the person pursuant to section 109.5721 of the Revised Code, but the person shall not be subject to divisions (A) to (C) of this section as long as the person's certificate, license, or permit with the longest duration is valid.
(2) If the certificates, licenses, or permits are of the same duration but do not expire in the same year, the person shall designate one of the certificates, licenses, or permits as the person's primary certificate, license, or permit and shall notify the department of that designation. The person shall be subject to divisions (A) to (C) of this section only when applying for renewal of the person's primary certificate, license, or permit. Prior to renewing any certificate, license, or permit that is not the person's primary certificate, license, or permit, the state board or the superintendent of public instruction shall determine whether the department has received any information about the person pursuant to section 109.5721 of the Revised Code, but the person shall not be subject to divisions (A) to (C) of this section as long as the person's primary certificate, license, or permit is valid.
(3) If the certificates, licenses, or permits are of the same duration and expire in the same year and the person applies for renewal of the certificates, licenses, or permits at the same time, the state board or the superintendent of public instruction shall request only one criminal records check of the person under division (C) of this section.
(G) If the department is unable to enroll a person who has submitted an application for licensure, or to whom the state board has issued a license, in the retained applicant fingerprint database established under section 109.5721 of the Revised Code because the person has not satisfied the requirements for enrollment, the department shall require the person to satisfy the requirements for enrollment, including requiring the person to submit, by a date prescribed by the department, one complete set of fingerprints and written permission that authorizes the superintendent of public instruction to forward the fingerprints to the bureau of criminal identification and investigation for the purpose of enrolling the person in the database. If the person fails to comply by the prescribed date, the department shall reject the application or shall take action to inactivate the person's license in accordance with division (E) of this section.
Structure 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 3319.074 | 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 3319.089 | 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 3319.11 | 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 3319.21 | Contract Employing Relative as Teacher Void.
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 3319.229 | Career-Technical Workforce Development Educator License.
Section 3319.2211 | Employment of Adult Education Permit Holder.
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 3319.235 | 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 3319.25 | Teacher Performance Assessment Entity.
Section 3319.26 | Alternative Educator Licenses.
Section 3319.261 | Alternative Resident Educator License.
Section 3319.263 | Alternative Resident Educator License Subject Areas.
Section 3319.27 | Alternative Principal License.
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 3319.292 | 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 3319.39 | 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 3319.47 | 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 3319.63 | 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.