Effective: January 1, 2010
Latest Legislation: House Bill 1 - 128th General Assembly
This section applies to any person hired by a school district, educational service center, or chartered nonpublic school in any position that does not require a "license" issued by the state board of education, as defined in section 3319.31 of the Revised Code, and is not for the operation of a vehicle for pupil transportation.
(A) For each person to whom this section applies who is hired on or after November 14, 2007, the employer shall request a criminal records check in accordance with section 3319.39 of the Revised Code and shall request a subsequent criminal records check by the fifth day of September every fifth year thereafter. For each person to whom this division applies who is hired prior to November 14, 2007, the employer shall request a criminal records check by a date prescribed by the department of education and shall request a subsequent criminal records check by the fifth day of September every fifth year thereafter.
(B)(1) Each request for a criminal records check under this section shall be made to the superintendent of the bureau of criminal identification and investigation in the manner prescribed in section 3319.39 of the Revised Code, except that if both of the following conditions apply to the person subject to the records check, the employer shall request the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person:
(a) The employer previously requested the superintendent to determine whether the bureau of criminal identification and investigation has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person in conjunction with a criminal records check requested under section 3319.39 of the Revised Code or under this section.
(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.
(2) Upon receipt of a request under division (B)(1) of this section, the superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code as if the request had been made under section 3319.39 of the Revised Code. However, as specified in division (B)(2) of section 109.572 of the Revised Code, if the employer requests the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person for whom the request is made, the superintendent shall not conduct the review prescribed by division (B)(1) of that section.
(C) Any person who is the subject of a criminal records check under this section and has been convicted of or pleaded guilty to any offense described in division (B)(1) of section 3319.39 of the Revised Code shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards adopted by the department under division (E) of that 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.