3301-73-04 Confidentiality of investigative records.

(A) All information obtained during an investigation is confidential and is not a public record under section 149.43 of the Revised Code except as provided in paragraphs (B) to (K) of rule 3301-73-04 of the Administrative Code.

(B) If the superintendent concludes that the results of the investigation do not warrant initiating an action under section 3319.31 of the Revised Code, all information obtained to arrive at that conclusion shall not be considered a public record under section 149.43 of the Revised Code.

(C) If the state board and the respondent enter into a consent agreement under division (D) of section 3319.311 of the Revised Code and rule 3301-73-23 of the Administrative Code, the consent agreement is a public record under rule 3301-73-23 of the Administrative Code. All other information obtained, including all offers of settlement, proposals of adjustment, and proposed stipulations not agreed to shall not be a public record under section149.43 of the Revised Code.

(D) If the superintendent issues a letter of admonishment under rule 3301-73-22 of the Administrative Code, the letter of admonishment and any response thereto is a public record under rule 3301-73-22 of the Administrative Code. All other information obtained during the investigation shall remain confidential and not a public record.

(E) If the superintendent concludes that the results of the investigation warrant initiating an action under section 3319.31 of the Revised Code, except any action taken by the superintendent to automatically revoke or deny a license under division (C) of section 3319.31 of the Revised Code, only the following information shall be a public record under section 149.43 of the Revised Code:

(1) The notice of opportunity for an administrative hearing under Chapter 119. of the Revised Code;

(2) Any request filed by a party for a continuance of an administrative hearing and the subsequent judgment entry filed by the hearing officer;

(3) Exhibits offered into evidence in an administrative hearing on behalf of the parties unless the exhibits are admitted by the hearing officer under seal;

(4) Upon written request of either party or the hearing officer, the parties shall provide a list of witnesses and documents intended to be introduced as exhibits in an administrative hearing at least fourteen days prior to the final scheduled date of the administrative hearing;

(5) Any documents used by the department to fulfill its statutory obligation under sections 119.01 to 119.13 of the Revised Code to schedule the hearing. This date may not be considered the final scheduled hearing date; and

(6) The administrative hearing transcript, except for portions of the transcript sealed by the hearing officer. All other information obtained shall remain confidential and shall not be a public record under section 149.43 of the Revised Code.

(F) If the superintendent concludes that the results of the investigation warrant initiating an action under division (C) of section 3319.31 of the Revised Code to automatically revoke or deny a license, only the following three documents shall be a public record under section 149.43 of the Revised Code:

(1) The written order issued by the superintendent to revoke or deny the license;

(2) The certified court records of the conviction, which is the basis for the revocation or denial of the license; and

(3) Any notice of appeal related to the conviction, which is the basis for the revocation or denial of the license.

(G) The following information shall be considered a public record only when presented to the state board:

(1) The superintendent’s proposed resolution;

(2) The report and recommendation of the hearing officer;

(3) Objections to the hearing officer’s report and recommendation; and

(4) The state board’s final resolution.

(H) The department may disclose information that is not a public record when ordered to do so by a court order and/or a subpoena issued only by a court with a pending legal action before it that is evidenced by an official docket number issued by the court and/or a local, state or federal agency with statutory subpoena authority.

(1) If the department determines that disclosure pursuant to a subpoena would be a violation of privilege, statute, or rule, the department may apply to either the issuing agency or the court for a protective order. While the application for protective order is pending, the department shall not disclose the subpoenaed information.

(2) The department is precluded from issuing a subpoena to itself for records that are confidential under section 3319.311 of the Revised Code.

(I) All disciplinary actions taken by the state board of education shall be public record, and shall be maintained with the department’s official records.

(J) All disciplinary actions taken by the state board shall be reported to national databases that list educator disciplinary actions including, but not limited to, the national association of state directors of teacher education and certification (www.nasdtec.org).

(K) Information received by the state board of education or superintendent pursuant to an investigation is confidential and not subject to discovery in any civil action.

Effective: 05/23/2009

R.C. 119.032 review dates: 03/04/2009 and 03/04/2014

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3319.31, 3319.311

Rule Amplifies: 3319.31, 3319.311

Prior Effective Dates: 10-28-04