Chapter 3301-19 School District Expenditure Flow Reports

3301-19-01 Definitions.

The following definitions are used in Chapter 3301-19 of the Administrative Code:

(A) "Functions" means expenditure areas within the school district expenditure flow report. The functions are listed as:

(1) "Administration" functions are those expenditures dealing with the administration, management and educational leadership of a school district or building.

(2) "Facilities and operations" functions include expenditures for the provision and maintenance of the district and school housing, transportation and utilities, and other environmental support.

(3) "Staff support" functions include expenditures for staff development and training.

(4) "Pupil support" functions include outside the classroom support such as counseling, field trips, student activities, etc.

(5) "Instructional support" functions include teachers, teacher aides, paraprofessionals, books, materials and supplies and instructional equipment, and tests used in a classroom setting.

(B) "State board" is the state board of education authorized under section 3301.12 of the Revised Code to adopt rules, standards and procedures for producing the financial expenditure report.

(C) "Department" is the state department of education whose responsibility it is to construct rules, standards and procedures as directed by the state board; analyze data from the expenditure report; and publish a comparative report and analysis of the data.

(D) "ADM" means total average daily membership by school building and district as certified by the department from data collected from districts at the end of each school year of the fiscal year for which the expenditure reports are being calculated.

(E) "School building" means any individual building as identified by the information retrieval number (IRN) within the discretion and authority of the board of education of a chartered school district.

(F) "Evidence-based funding model" means the system used to calculate the funds provided under Chapter 3306. of the Revised Code.

(G) "Core academic strategy components" means those components of the evidence-based funding model that are fundamental to successful education practices in the twenty-first century for all students.

(H) "Academic improvement components" means those components of the evidence-based funding model that have been demonstrated to make the greatest improvement in the academic achievement of underperforming students.

(I) "Other components" means those components of the evidence-based funding model that can not be classified as a core academic strategy or academic improvement component.

Effective: 07/24/2010
R.C. 119.032 review dates: 04/25/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.12 , 3306.25
Rule Amplifies: 3301.12 , 3306.25
Prior Effective Dates: 4/11/94, 4/25/2009

3301-19-02 Purpose.

The purpose of the rules in this chapter is to:

(A) Establish the rules, procedures and standards enabling the superintendent of public instruction to annually inspect and analyze the expenditures of each school district and make a determination as to the efficiency of each school's costs, relative to other similar school districts in the state and for the reporting of expenditures of those funds for particular funded components of the evidence-based funding model;

(B) Comply with sections 3301.12 and 3306.25 of the Revised Code authorizing such inspection and analysis;

(C) Analyze financial reports of expenditures in like categories in administration, facilities and operations, teacher support, pupil support, and instruction;

(D) Analyze financial reports of expenditures for core academic strategy components, academic improvement components, and other components of the evidence-based funding model.

(E) Present the analyses ingenerally understandable formats to be reported state-wide annually in an effort to encourage efficient school operation, to provide useful information about school finances to the general population, and to demonstrate how funds provided through the evidence-based funding model are directed toward the purposes for which they were calculated.

Effective: 07/24/2010
R.C. 119.032 review dates: 04/25/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.12 , 3306.25
Rule Amplifies: 3301.12 , 3306.25
Prior Effective Dates: 4/11/94

3301-20-01 Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions.

The purpose of this rule is to ensure the safety and well-being of students, and, pursuant to sections 3319.39 and 3319.31 of the Revised Code, establish rehabilitation standards for those individuals with certain criminal convictions and other alternative dispositions seeking employment with a district for a position that requires a license issued by the state board of education, those currently employed by a district in a position that requires a license issued by the state board of education, and those seeking or currently holding licensure by the state board of education. The provisions of this rule apply to teachers, substitutes, educational aides, holders of pupil activity supervisor permits, and any other position which requires a license issued by the state board of education.

(A) The following terms are defined as they are used in this rule:

(1) "Applicant" means one of the following:

(a) One who is under final consideration for appointment or employment in a position that requires a license issued by the state board of education. An "applicant" does not include a person currently employed by a district in a position that requires a license issued by the state board of education who is under consideration for a different position with the same district; or

(b) A person applying for an initial license, certificate, or permit described in Chapter 3319. or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code.

(2) "Educator" means a person holding any license, certificate, or permit described in Chapter 3319. or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code.

(3) "Criminal records check" has the same meaning as section 109.572 of the Revised Code.

(4) "District" means a school district as described in section 3311.01 of the Revised Code, educational service centers, community schools, STEM schools, college-preparatory boarding schools, county boards of DD, chartered non-public schools, preschool programs, and any other future school chartered by the department.

(5) "State board" means the Ohio state board of education as defined in section 3301.01 of the Revised Code.

(6) "Superintendent" means the superintendent of public instruction and his/her designee as defined in section 3301.13 of the Revised Code.

(7) "Department" means the Ohio department of education as defined in section 3301.13 of the Revised Code.

(8) "License" means the same as the term license as defined in division (A) of section 3319.31 of the Revised Code.

(9) "Upon learning" means when first having knowledge of either official results of a criminal background check or a guilty plea, finding of guilt or conviction that has been verified through certified court or law enforcement records.

(10) "Absolute bar offense" means any offense listed in division (C) of section 3319.31 of the Revised Code.

(11) "Offense" means a violation of a criminal section of the Revised Code, or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to a violation of a criminal section of the Revised Code.

(12) For the purposes of this rule, the term "conviction" or "convicted" includes any determination of guilt resulting from a plea of guilty to or a finding of guilt by a jury or court of any violation of an offense.

(B) No district shall employ, the state board shall not issue a license to, and the superintendent shall not enter into a consent agreement with an applicant or educator upon learning that he/she has been convicted of any absolute bar offense.

(C) The state board shall revoke an educator's license upon learning that he/she has been convicted of any violation of any absolute bar offense. If the state board intends to deny or revoke a license pursuant to this paragraph, the state board shall act in accordance with division (C) of sections 3319.31 and 3319.311 of the Revised Code and Chapter 3301-73 of the Administrative Code.

(D) If an educator has been convicted of any offense, other than an absolute bar offense, the state board shall act in accordance with sections 3319.31 and 3319.311 of the Revised Code and Chapter 3301-73 of the Administrative Code. If the educator satisfies all terms and conditions of a consent agreement or state board adopted resolution pertaining to the educator, he/she shall be deemed rehabilitated with regard to the specific offense addressed in the consent agreement or resolution for purposes of future employment. A district maintains the discretion whether to employ an educator who has been deemed rehabilitated under this paragraph and the state board reserves the right to institute further formal proceedings based upon other violations of section 3319.31 of the Revised Code, whether occurring before or after the effective date of the consent agreement or a state board adopted resolution.

(E) No district shall employ, the state board shall not issue an initial license to, and the superintendent shall not enter into a consent agreement with an applicant who has previously been convicted of an offense listed in division (B)(1) of section 3319.39 of the Revised Code or section 3319.31 of the Revised Code unless all of the following conditions are met:

(1) The conviction is not one of the absolute bar offenses defined in paragraph (A)(10) of this rule ;

(2) At the time of the offense, the victim of the offense was not a person under eighteen years of age or enrolled as a student in a district;

(3) The applicant can demonstrate rehabilitation by meeting the following rehabilitation criteria :

(a) If the offense was a felony, at least five years have elapsed since the applicant was fully discharged from imprisonment, probation, or parole or the applicant has had the record of his/her conviction sealed or expunged pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state or the United States that is substantially equivalent to section 2953.32 of the Revised Code.

(b) If the offense was a misdemeanor, at least five years have elapsed since the date of conviction or the applicant has had the record of his/her conviction sealed or expunged pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state or the United States that is substantially equivalent to section 2953.32 of the Revised Code.

(c) The applicant is not a repeat offender. A repeat offender is an applicant who has been convicted of any of the offenses listed in division (B)(1) of section 3319.39 of the Revised code or section 3319.31 of the Revised Code two or more times in separate criminal actions. The following factors shall be considered when determining an applicant's repeat offender status:

(i) A sealed or expunged conviction shall not be counted;

(ii) Convictions resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction; and

(iii) Convictions of two or more misdemeanor theft related convictions as defined in sections 2913.02 , 2913.03 , 2913.04 , 2913.11 and 2913.51 of the Revised Code shall be counted as one conviction.

(d) The applicant provides written confirmation of his/her efforts at rehabilitation, the results of those efforts, and whether the terms of his/her probation, parole or deferred adjudication have been completed. Written confirmation may include a statement by a court, parole officer, probation officer, treatment provider and/or counselor that the applicant has been rehabilitated. Such written confirmation will not be conclusive evidence that the applicant has met the other rehabilitation criteria listed in this rule.

(e) A reasonable person would conclude that the applicant's hiring or licensure will not jeopardize the health, safety, or welfare of the persons served by the district. Evidence that the applicant's hiring or licensure will not jeopardize the health, safety, or welfare of the persons served by the district shall include, but not be limited to the following factors:

(i) The nature and seriousness of the crime;

(ii) The extent of the applicant's past criminal activity;

(iii) The age of the applicant when the crime was committed;

(iv) The amount of time that has elapsed since the applicant's last criminal activity;

(v) The conduct and work activity of the applicant before and after the criminal activity;

(vi) Whether the applicant has completed the terms of his probation or deferred adjudication;

(vii) Evidence of rehabilitation;

(viii) Whether the applicant fully disclosed the crime to the state board, the department and the district;

(ix) Whether employment or licensure will have a negative impact on the local education community;

(x) Whether employment or licensure will have a negative impact on the state-wide education community; and

(xi) Any other factors the state board, district, or superintendent considers relevant.

(F) It is the applicant's duty to provide written evidence upon application for employment or licensure that the conditions specified in paragraph (E) of this rule are met. If the applicant fails to provide such evidence or if the district or the state board determines that the proof offered by the applicant is inconclusive or does not establish proof of rehabilitation, the applicant shall not be hired and the license shall not be issued. Any doubt shall be resolved in favor of protecting the persons served by the district. If the state board intends to deny a license based on the criteria specified in paragraph (E) of this rule not being met, the state board, through the superintendent, shall notify the applicant and afford the applicant the opportunity to request an administrative hearing under section 3319.31 and Chapter 119. of the Revised Code.

(G) This rule is applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to section 2953.32 of the Revised Code. For purposes of this rule, a sealed conviction includes a conviction that has been expunged pursuant to a court order.

(H) A conviction of an offense listed in division (B)(1) of section 3319.39 of the Revised Code or section 3319.31 of the Revised Code shall not prevent an applicant's hiring if the applicant has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, unconditional pardon includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(I) If an applicant or educator has been granted a judicial finding of eligibility for intervention in lieu of conviction under section 2951.041 of the Revised Code, or has agreed to participate in a pre-trial diversion program under section 2935.36 of the Revised Code, or a similar diversion program under rules of a court, for any offense listed in division (B)(2) of section 3319.31 or division (C) of 3319.31 of the Revised Code, the state board shall act in accordance with sections 3319.31 and 3319.311 of the Revised Code and Chapter 3301-73 of the Administrative Code.

(J) This rule is promulgated under the state board and department of education's rule-making authority under section 3319.31 , division (E) of section 3319.311 , and section 3319.39 of the Revised Code.

(K) Thorough documentation of the district's proceedings and decision on employment shall be maintained in the district's files.

Effective: 03/27/2014
R.C. 119.032 review dates: 01/07/2014 and 12/23/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3319.31 , 3319.39
Rule Amplifies: 3319.291 , 3319.31 , 3319.311 , 3319.39
Prior Effective Dates: 10/1/94; 2/9/04, 08/27/2009