Effective: September 29, 2007
Latest Legislation: House Bill 9 - 126th General Assembly
(A) No person shall release, or permit access to, the directory information concerning any students attending a public school to any person or group for use in a profit-making plan or activity. Notwithstanding division (B)(4) of section 149.43 of the Revised Code, a person may require disclosure of the requestor's identity or the intended use of the directory information concerning any students attending a public school to ascertain whether the directory information is for use in a profit-making plan or activity.
(B) No person shall release, or permit access to, personally identifiable information other than directory information concerning any student attending a public school, for purposes other than those identified in division (C), (E), (G), or (H) of this section, without the written consent of the parent, guardian, or custodian of each such student who is less than eighteen years of age, or without the written consent of each such student who is eighteen years of age or older.
(1) For purposes of this section, "directory information" includes a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, date of graduation, and awards received.
(2)(a) Except as provided in division (B)(2)(b) of this section, no school district board of education shall impose any restriction on the presentation of directory information that it has designated as subject to release in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as amended, to representatives of the armed forces, business, industry, charitable institutions, other employers, and institutions of higher education unless such restriction is uniformly imposed on each of these types of representatives, except that if a student eighteen years of age or older or a student's parent, guardian, or custodian has informed the board that any or all such information should not be released without such person's prior written consent, the board shall not release that information without such person's prior written consent.
(b) The names and addresses of students in grades ten through twelve shall be released to a recruiting officer for any branch of the United States armed forces who requests such information, except that such data shall not be released if the student or student's parent, guardian, or custodian submits to the board a written request not to release such data. Any data received by a recruiting officer shall be used solely for the purpose of providing information to students regarding military service and shall not be released to any person other than individuals within the recruiting services of the armed forces.
(3) Except for directory information and except as provided in division (E), (G), or (H) of this section, information covered by this section that is released shall only be transferred to a third or subsequent party on the condition that such party will not permit any other party to have access to such information without written consent of the parent, guardian, or custodian, or of the student who is eighteen years of age or older.
(4) Except as otherwise provided in this section, any parent of a student may give the written parental consent required under this section. Where parents are separated or divorced, the written parental consent required under this section may be obtained from either parent, subject to any agreement between such parents or court order governing the rights of such parents. In the case of a student whose legal guardian is in an institution, a person independent of the institution who has no other conflicting interests in the case shall be appointed by the board of education of the school district in which the institution is located to give the written parental consent required under this section.
(5)(a) A parent of a student who is not the student's residential parent, upon request, shall be permitted access to any records or information concerning the student under the same terms and conditions under which access to the records or information is available to the residential parent of that student, provided that the access of the parent who is not the residential parent is subject to any agreement between the parents, to division (F) of this section, and, to the extent described in division (B)(5)(b) of this section, is subject to any court order issued pursuant to section 3109.051 of the Revised Code and any other court order governing the rights of the parents.
(b) If the residential parent of a student has presented the keeper of a record or information that is related to the student with a copy of an order issued under division (H)(1) of section 3109.051 of the Revised Code that limits the terms and conditions under which the parent who is not the residential parent of the student is to have access to records and information pertaining to the student or with a copy of any other court order governing the rights of the parents that so limits those terms and conditions, and if the order pertains to the record or information in question, the keeper of the record or information shall provide access to the parent who is not the residential parent only to the extent authorized in the order. If the residential parent has presented the keeper of the record or information with such an order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record or information only in accordance with the most recent such order that has been presented to the keeper by the residential parent or the parent who is not the residential parent.
(C) Nothing in this section shall limit the administrative use of public school records by a person acting exclusively in the person's capacity as an employee of a board of education or of the state or any of its political subdivisions, any court, or the federal government, and nothing in this section shall prevent the transfer of a student's record to an educational institution for a legitimate educational purpose. However, except as provided in this section, public school records shall not be released or made available for any other purpose. Fingerprints, photographs, or records obtained pursuant to section 3313.96 or 3319.322 of the Revised Code, or pursuant to division (E) of this section, or any medical, psychological, guidance, counseling, or other information that is derived from the use of the fingerprints, photographs, or records, shall not be admissible as evidence against the minor who is the subject of the fingerprints, photographs, or records in any proceeding in any court. The provisions of this division regarding the administrative use of records by an employee of the state or any of its political subdivisions or of a court or the federal government shall be applicable only when the use of the information is required by a state statute adopted before November 19, 1974, or by federal law.
(D) A board of education may require, subject to division (E) of this section, a person seeking to obtain copies of public school records to pay the cost of reproduction and, in the case of data released under division (B)(2)(b) of this section, to pay for any mailing costs, which payment shall not exceed the actual cost to the school.
(E) A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall provide access to a student's records to a law enforcement officer who indicates that the officer is conducting an investigation and that the student is or may be a missing child, as defined in section 2901.30 of the Revised Code. Free copies of information in the student's record shall be provided, upon request, to the law enforcement officer, if prior approval is given by the student's parent, guardian, or legal custodian. Information obtained by the officer shall be used solely in the investigation of the case. The information may be used by law enforcement agency personnel in any manner that is appropriate in solving the case, including, but not limited to, providing the information to other law enforcement officers and agencies and to the bureau of criminal identification and investigation for purposes of computer integration pursuant to section 2901.30 of the Revised Code.
(F) No person shall release to a parent of a student who is not the student's residential parent or to any other person, or permit a parent of a student who is not the student's residential parent or permit any other person to have access to, any information about the location of any elementary or secondary school to which a student has transferred or information that would enable the parent who is not the student's residential parent or the other person to determine the location of that elementary or secondary school, if the elementary or secondary school to which the student has transferred and that requested the records of the student under section 3313.672 of the Revised Code informs the elementary or secondary school from which the student's records are obtained that the student is under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code.
(G) A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall comply with any order issued pursuant to division (D)(1) of section 2151.14 of the Revised Code, any request for records that is properly made pursuant to division (D)(3)(a) of section 2151.14 or division (A) of section 2151.141 of the Revised Code, and any determination that is made by a court pursuant to division (D)(3)(b) of section 2151.14 or division (B)(1) of section 2151.141 of the Revised Code.
(H) Notwithstanding any provision of this section, a principal of a public school, to the extent permitted by the "Family Educational Rights and Privacy Act of 1974," shall make the report required in section 3319.45 of the Revised Code that a pupil committed any violation listed in division (A) of section 3313.662 of the Revised Code on property owned or controlled by, or at an activity held under the auspices of, the board of education, regardless of whether the pupil was sixteen years of age or older. The principal is not required to obtain the consent of the pupil who is the subject of the report or the consent of the pupil's parent, guardian, or custodian before making a report pursuant to section 3319.45 of the Revised Code.
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.