Chapter 3301-20 Standards for Employment of Individuals With Criminal Convictions

(A) Definitions – 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 with a district as a person responsible for the care, custody, or control of a child. An “applicant” does not include a person already employed by a district in a position of care, custody, or control of a child who is under consideration for a different position with the same district; or

(b) A person applying for an initial educator license issued under section 3319.22 or 3319.301 of the Revised Code or a license to teach in a chartered nonpublic school.

(2) “Teacher” means a person holding any educator license issued under section 3319.22 or 3319.301 of the Revised Code or a license to teach in a chartered nonpublic school.

(3) “Criminal records check” has the same meaning as in 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, county MR/DD’s, chartered non-public schools and preschool programs.

(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) An offense of violence means a violation of sections 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary manslaughter), 2903.041 (reckless homicide), 2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.15 (permitting child abuse), 2905.01 (kidnapping), 2905.02 (abduction), 2905.05 (criminal child enticement), 2905.11 (extortion), 2909.02 (aggravated arson), 2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary), 2917.01 (inciting to violence), 2917.02 (aggravated riot), 2917.03 (riot), 2917.31 (inducing panic), 2921.03 (intimidation), 2921.04 (intimidation of attorney, victim or witness in criminal case), 2921.34 (escape), 2923.161 (improper discharge firearm at or into habitation; school-related offenses), 2923.122 (illegal conveyance or possession of deadly weapon or dangerous ordnance or illegal possession of an object indistinguishable from a firearm in school safety zone), 2923.123 (illegal conveyance of deadly weapon or dangerous ordnance into courthouse, illegal possession or control in a courthouse), 2923.161 (improperly discharging firearm at or into a habitation; school related offenses), 2923.21 (improperly furnishing firearms to minor), 2923.17 (unlawful possession of dangerous ordnance; illegally manufacturing or processing explosives) of the Revised Code; divisions (B)(1), (2), (3), or (4) of sections 2919.22 (endangering children), 2909.22 (soliciting or providing support for act of terrorism), 2909.23 (making terroristic threat), 2909.24 (terrorism), 2917.33 (unlawful possession or use of a hoax weapon of mass destruction), 2927.24 (contaminating substance for human consumption or use; contamination with hazardous chemical, biological, or radioactive substance; spreading false report), 3716.11 (placing harmful objects in food/confection), 2921.05 (retaliation), 2919.12 (unlawful abortion), 2919.121 (performing or inducing unlawful abortion upon minor), 2919.13 (abortion manslaughter) of the Revised Code or section 2919.23 (interference of custody) of the Revised Code that would have been a violation of section 2905.04 (child stealing) of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date. A conviction of attempt, complicity or conspiracy to any of these offenses shall be deemed a violent offense for purposes of this rule.

(10) A theft offense means a violation of sections 2911.12 (burglary), 2913.44 (personating an officer), 2921.41 (theft in office), 2921.11 (perjury), or 2921.02 (bribery) of the Revised Code. A conviction of attempt, complicity or conspiracy to any of these offenses shall be deemed a theft offense for purposes of this rule.

(11) A drug abuse offense means a violation of sections 2925.02 (corrupting another with drugs), 2925.03 (trafficking in drugs), 2925.04 (illegal manufacture of drugs or cultivation of marihuana), 2925.041 (illegal assembly or possession of chemicals for the manufacture of drugs), 2925.05 (funding of drug or marihuana trafficking), 2925.06 (illegal administration or distribution of anabolic steroids), 2925.13 (permitting drug abuse), 2925.22 (deception to obtain a dangerous drug), 2925.23 (illegal possession of drug documents), 2925.24 (tampering with drugs), 2925.32 (trafficking in harmful intoxicants; improperly dispensing or distributing nitrous oxide), 2925.36 (illegal dispensing of drug samples), or 2925.37 (possession of counterfeit controlled substances) of the Revised Code. A conviction of attempt, complicity or conspiracy to any of these offenses shall be deemed a drug abuse offense for purposes of this rule.

(12) A sexually-oriented offense means a violation of sections 2907.02 (rape), 2907.03 (sexual battery), 2907.04 (unlawful sexual conduct with a minor), 2907.05 (gross sexual imposition), 2907.06 (sexual imposition), 2907.07 (importuning), 2907.21 (compelling prostitution), 2907.22 (promoting prostitution), 2907.23 (procuring), 2907.24 (soliciting; after positive HIV test), 2907.241 (loitering to engage in solicitation; solicitation after positive HIV test) 2907.25 (prostitution; after positive HIV test), 2907.31 (disseminating matter harmful to juveniles), 2907.311 (displaying harmful to juveniles), 2907.32 (pandering obscenity), 2907.321 (pandering obscenity involving a minor), 2907.322 (pandering sexually oriented matter involving a minor), 2907.33 (deception to obtain matter harmful to juveniles), 2907.34 (compelling acceptance of objectionable materials), 2907.323 (illegal use of a minor in nudity-oriented material or performance) of the Revised Code or a violation of former section 2907.12 (felonious sexual penetration) of the Revised Code. A conviction of attempt, complicity or conspiracy to any of these offenses shall be deemed a sexually-oriented offense for purposes of this rule.

(B) 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 if he previously has been convicted of or pled guilty to any violation of any of the offenses listed in division (B)(1) of section 3319.39 of the Revised Code and section 3319.31 of the Revised Code or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to the offenses listed in division (B)(1) of section 3319.39 of the Revised Code and section 3319.31 of the Revised Code except as provided in paragraph (E) of this rule. If the state board intends to deny a license pursuant to this paragraph, 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.

(C) If a teacher has been convicted of or pled guilty to any offense referred to in paragraph (B) of this rule, 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 teacher satisfies all terms and conditions of a consent agreement or state board adopted resolution pertaining to the applicant, he/she shall be deemed rehabilitated with regard to the specific offense addressed in the consent agreement or resolution for purposes of future employment or licensure. A district maintains the discretion whether to employ a teacher who has been deemed rehabilitated under this paragraph.

(D) Pursuant to division (B)(2) of section 3319.39 of the Revised Code, a district may employ an applicant conditionally until the criminal records check required by sections 3301.541 and 3319.39 of the Revised Code is completed and the district receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to this rule, the applicant does not qualify for employment, the district shall release the applicant from employment.

(E) A district may employ, the state board may issue a license to and the superintendent may enter into a consent agreement with an applicant that has been previously convicted of or pled guilty to an offense if all of the following conditions are met:

(1) The conviction was not one of the following:

(a) An offense of violence as defined in paragraph (A)(9) of this rule;

(b) A theft offense as defined in paragraph (A)(10) of this rule;

(c) A drug abuse offense as defined in paragraph (A)(11) of this rule; or

(d) A sexually-oriented offense as defined in paragraph (A)(12) of this rule.

(2) If the conviction is not one listed in paragraph (E)(1) of this rule, the following rehabilitation criteria shall apply:

(a) 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.

(b) 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 conviction sealed or expunged pursuant to section 2953.32 of the Revised Code. 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 conviction sealed or expunged pursuant to section 2953.32 of the Revised Code.

(c) The applicant has not been convicted of or pled guilty to the commission of any of the offenses listed in division (B)(1) of section 3319.39 of the Revised Code and section 3319.31 of the Revised Code two or more times in separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea for purposes of this rule. A sealed or expunged conviction shall not be counted.

(d) The applicant provides written confirmation of his/her efforts at rehabilitation and the results of those efforts. Written confirmation may include a statement by a court, parole officer, probation officer and/or counselor that the applicant has been rehabilitated.

(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 licensure is denied, 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 when the information contained in those sealed records bears a direct and substantial relationship to the position for which the applicant is being considered.

(H) A conviction of or a plea of guilty to an offense listed in division (B)(1) of section 3319.39 of the Revised Code and 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) This rule is promulgated under the state board and department of education’s rule-making authority under sections 3319.31, division (E) of section 3319.311 and section 3319.39 of the Revised Code.

Replaces: 3301-20-01

Effective: 09/23/2005

R.C. 119.032 review dates: 09/23/2010

Promulgated Under: 119.03

Statutory Authority: 3301.07; 3319.39; 3319.31

Rule Amplifies: 3319.39; 3319.291; 3319.31; 3319.311

Prior Effective Dates: 10/1/94; 2/9/04

(A) Except as provided in section 3301.88 of the Revised Code, an individual seeking participation in the ohioreads program who has been convicted of or plead guilty to a violation of section 2903.13 (assault), 2913.02 (theft), 2903.16 (failing to provide for functionally impaired), or 2903.21 (menacing) of the Revised Code may be considered for participation as a volunteer in the program if all of the following conditions are met:

(1) The offense was a misdemeanor.

(2) The victim of the offense was not a person under eighteen years of age.

(3) At least five years have elapsed since the individual was fully discharged from imprisonment, probation, and parole, or the individual has had the record of his conviction sealed pursuant to section 2953.32 of the Revised Code.

(4) The individual provides written confirmation by a court, his parole officer, and/or counselor that the individual has been rehabilitated.

(5) The individuals considering the volunteer are persuaded that the volunteer’s participation will not jeopardize in any way the health, safety, or welfare of the persons served by OhioReads program. The following factors must be considered in determine if an individual will jeopardize the health and safety of an individual in the program:

(a) The individual’s age at the time of the offense.

(b) The age and ability of the victim, including whether the victim is an individual with physical or mental disabilities.

(c) The nature and seriousness of the offense.

(d) The circumstances under which the offense was committed.

(e) The degree to which the individual participated in the offense.

(f) The time elapsed since the individual was fully discharged from imprisonment, probation, or parole.

(g) The likelihood that the circumstances leading to the offense will recur.

(h) Whether the individual is a repeat offender. “Repeat offender” means a person who has been convicted of or plead guilty to the commission of any of the offenses listed in Revised Code section 3301.88, two or more times in separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.

(i) The extent to which the position sought for provides an opportunity for the commission of an offense listed in Revised Code section 3301.88.

(j) The individual’s employment record.

(k) The individual’s efforts at rehabilitation and the result of those efforts.

(l) Whether any criminal proceedings are pending against the individual.

(m) Any other factors the program considers relevant.

(B) It is the individual’s duty to provide written proof that the conditions specified in paragraph (A) of this rule are met. If the individual fails to provide such proof or if the ohioreads program determines that the proof offered by the individual is inconclusive, the individual shall not participate. Any doubt shall be resolved in favor of protecting the persons served by the program.

(C) This rule is applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code when the information contained in those sealed records bears a direct and substantial relationship to the position sought.

R.C. 119.032 review dates: 12/01/2004 and 12/01/2009

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3301.88

Rule Amplifies: 3301.88

Prior Effective Dates: 2/21/2000