Chapter 3319. SCHOOLS - SUPERINTENDENT; TEACHERS; EMPLOYEES
Except in an island school district, where the superintendent
of an educational service center otherwise may serve as superintendent of the
district and except as otherwise provided for any cooperative education school
district pursuant to division (B)(2) of section
3311.52 or division (B)(3) of
section 3311.521 of the Revised Code, the
board of education in each school district and the governing board of each
service center shall, at a regular or special meeting held not later than the
first day of May of the calendar year in which the term of the superintendent
expires, appoint a person possessed of the qualifications provided in this
section to act as superintendent, for a term not longer than five years
beginning the first day of August and ending on the thirty-first day of July.
Such superintendent is, at the expiration of a current term of employment,
deemed reemployed for a term of one year at the same salary plus any increments
that may be authorized by the board, unless such board, on or before the first
day of March of the year in which the contract of employment expires, either
reemploys the superintendent for a succeeding term as provided in this section
or gives to the superintendent written notice of its intention not to reemploy
the superintendent. A superintendent may not be transferred to any other
position during the term of the superintendent's employment or reemployment
except by mutual agreement by the superintendent and the board. If a vacancy
occurs in the office of superintendent, the board shall appoint a
superintendent for a term not to exceed five years from the next preceding
first day of August. A board may at any regular or special meeting held during
the period beginning on the first day of January of the calendar year
immediately preceding the year the contract of employment of a superintendent
expires and ending on the first day of March of the year it expires, reemploy
such superintendent for a succeeding term for not longer than five years,
beginning on the first day of August immediately following the expiration of
the superintendent's current term of employment and ending on the thirty-first
day of July of the year in which such succeeding term expires. No person shall
be appointed to the office of superintendent of a city, or exempted village
school district or a service center who does not hold a license designated for
being a superintendent issued under section
3319.22 of the Revised Code,
unless such person had been employed as a county, city, or exempted village
superintendent prior to August 1, 1939. No person shall be appointed to the
office of local superintendent who does not hold a license designated for being
a superintendent issued under section
3319.22 of the Revised Code,
unless such person held or was qualified to hold the position of executive head
of a local school district on September 16, 1957. At the time of making such
appointment or designation of term, such board shall fix the compensation of
the superintendent, which may be increased or decreased during such term,
provided such decrease is a part of a uniform plan affecting salaries of all
employees of the district, and shall execute a written contract of employment
with such superintendent. Each board shall adopt procedures for the evaluation
of its superintendent and shall evaluate its superintendent in accordance with
those procedures. An evaluation based upon such procedures shall be considered
by the board in deciding whether to renew the superintendent's contract. The
establishment of an evaluation procedure shall not create an expectancy of
continued employment. Nothing in this section shall prevent a board from making
the final determination regarding the renewal or failure to renew of a
superintendent's contract. Termination of a superintendent's contract shall be
pursuant to section
3319.16 of the Revised Code. A
board may establish vacation leave for its superintendent. Upon the
superintendent's separation from employment a board that has such leave may
provide compensation at the superintendent's current rate of pay for all
lawfully accrued and unused vacation leave to the superintendent's credit at
the time of separation, not to exceed the amount accrued within three years
before the date of separation. In case of the death of a superintendent, such
unused vacation leave as the board would have paid to this superintendent upon
separation shall be paid in accordance with section
2113.04 of the Revised Code, or to
the superintendent's estate. Notwithstanding section
9.481 of the
Revised Code, the board of a city, local, exempted village, or joint vocational
school district may require its superintendent, as a condition of employment,
to reside within the boundaries of the district. The superintendent shall be
the executive officer for the board. Subject to section
3319.40 of the Revised Code, the
superintendent shall direct and assign teachers and other employees of the
district or service center, except as provided in division (B) of section
3313.31 and section
3319.04 of the Revised Code. The
superintendent shall assign the pupils to the proper schools and grades,
provided that the assignment of a pupil to a school outside of the pupil's
district of residence is approved by the board of the district of residence of
such pupil. The superintendent shall perform such other duties as the board
determines. The board of education of any school district may contract with the
governing board of the educational service center from which it otherwise
receives services to conduct searches and recruitment of candidates for the
superintendent position authorized under this section.
Effective Date:
09-26-2003;
09-28-2006;
03-30-2007; 2008
HB428 09-12-2008
.
If a board of education determines the superintendent is
incapacitated in such a manner that he is unable to perform the duties of the
office of superintendent, the board may, by a majority vote of the members of
the board, appoint a person to serve in his place pro tempore. Each board of
education shall adopt a written policy establishing standards for determining
whether the superintendent is incapacitated, and shall provide that during any
period in which the superintendent is incapacitated, he may be placed on sick
leave or on leave of absence and may be returned to active duty status from
sick leave or leave of absence. The superintendent may request a hearing before
the board on any action taken under this section, and he shall have the same
rights in any such hearing as are granted to a teacher in a board hearing under
section 3319.16 of the Revised Code. The
superintendent pro tempore shall perform all of the duties and functions of the
superintendent and shall serve until the board by majority vote determines the
superintendent's incapacity is removed or until the expiration of the
superintendent's contract or term of office, whichever is sooner. The
superintendent pro tempore may be removed at any time for cause by a two-thirds
vote of the members of the board. The board shall fix the compensation of the
superintendent pro tempore in accordance with section
3319.01 of the Revised Code.
Effective Date:
11-15-1977.
| (A) |
| (1) |
As used in
this section, "other administrator" means any of the following:
| (a) |
Except
as provided in division (A)(2) of this section, any employee in a position for
which a board of education requires a license designated by rule of the
department of education for being an administrator issued under section
3319.22 of the Revised Code,
including a professional pupil services employee or administrative specialist
or an equivalent of either one who is not employed as a school counselor and
spends less than fifty per cent of the time employed teaching or working with
students; |
| (b) |
Any
nonlicensed employee whose job duties enable such employee to be considered as
either a "supervisor" or a "management level employee," as defined in section
4117.01 of the Revised
Code; |
| (c) |
A
business manager appointed under section
3319.03 of the Revised
Code. |
|
| (2) |
As used in this section, "other administrator"
does not include a superintendent, assistant superintendent, principal, or
assistant principal. |
|
| (B) |
The board of education of each school district and
the governing board of an educational service center may appoint one or more
assistant superintendents and such other administrators as are necessary. An
assistant educational service center superintendent or service center
supervisor employed on a part-time basis may also be employed by a local board
as a teacher. The board of each city, exempted village, and local school
district shall employ principals for all high schools and for such other
schools as the board designates, and those boards may appoint assistant
principals for any school that they designate. |
| (C) |
In educational service centers and in city,
exempted village, and local school districts, assistant superintendents,
principals, assistant principals, and other administrators shall only be
employed or reemployed in accordance with nominations of the superintendent,
except that a board of education of a school district or the governing board of
a service center, by a three-fourths vote of its full membership, may reemploy
any assistant superintendent, principal, assistant principal, or other
administrator whom the superintendent refuses to nominate. The board of education or
governing board shall execute a written contract of employment with each
assistant superintendent, principal, assistant principal, and other
administrator it employs or reemploys. The term of such contract shall not
exceed three years except that in the case of a person who has been employed as
an assistant superintendent, principal, assistant principal, or other
administrator in the district or center for three years or more, the term of
the contract shall be for not more than five years and, unless the
superintendent of the district recommends otherwise, not less than two years.
If the superintendent so recommends, the term of the contract of a person who
has been employed by the district or service center as an assistant
superintendent, principal, assistant principal, or other administrator for
three years or more may be one year, but all subsequent contracts granted such
person shall be for a term of not less than two years and not more than five
years. When a teacher with continuing service status becomes an assistant
superintendent, principal, assistant principal, or other administrator with the
district or service center with which the teacher holds continuing service
status, the teacher retains such status in the teacher's nonadministrative
position as provided in sections 3311.77, 3319.08, and 3319.09 of the Revised Code. A board of education
or governing board may reemploy an assistant superintendent, principal,
assistant principal, or other administrator at any regular or special meeting
held during the period beginning on the first day of January of the calendar
year immediately preceding the year of expiration of the employment contract
and ending on the first day of June of the
year the employment contract expires. Except by mutual
agreement of the parties thereto, no assistant superintendent, principal,
assistant principal, or other administrator shall be transferred during the
life of a contract to a position of lesser responsibility. No contract may be
terminated by a board except pursuant to section
3319.16 of the Revised Code. No
contract may be suspended except pursuant to section
3319.17 or
3319.171 of the Revised Code. The
salaries and compensation prescribed by such contracts shall not be reduced by
a board unless such reduction is a part of a uniform plan affecting the entire
district or center. The contract shall specify the employee's administrative
position and duties as included in the job description adopted under division
(D) of this section, the salary and other compensation to be paid for
performance of duties, the number of days to be worked, the number of days of
vacation leave, if any, and any paid holidays in the contractual year. An assistant
superintendent, principal, assistant principal, or other administrator is, at
the expiration of the current term of employment, deemed reemployed at the same
salary plus any increments that may be authorized by the board, unless such
employee notifies the board in writing to the contrary on or before the
fifteenth day of June, or unless such board, on or
before the first day of June of the
year in which the contract of employment expires, either reemploys such
employee for a succeeding term or gives written notice of its intention not to
reemploy the employee. The term of reemployment of a person reemployed under
this paragraph shall be one year, except that if such person has been employed
by the school district or service center as an assistant superintendent,
principal, assistant principal, or other administrator for three years or more,
the term of reemployment shall be two years.
|
| (D) |
| (1) |
Each board
shall adopt procedures for the evaluation of all assistant superintendents,
principals, assistant principals, and other administrators and shall evaluate
such employees in accordance with those procedures. The procedures for the
evaluation of principals and assistant principals
shall be based on principles comparable to the teacher evaluation policy
adopted by the board under section
3319.111 of the Revised Code, but
shall be tailored to the duties and responsibilities of principals
and assistant principals and the environment in
which they work. An evaluation based upon procedures adopted
under this division shall be considered by the board in deciding whether to
renew the contract of employment of an assistant superintendent, principal,
assistant principal, or other administrator. |
| (2) |
The evaluation shall measure each assistant
superintendent's, principal's, assistant principal's, and other administrator's
effectiveness in performing the duties included in the job description and the
evaluation procedures shall provide for, but not be limited to, the following:
| (a) |
Each
assistant superintendent, principal, assistant principal, and other
administrator shall be evaluated annually through a written evaluation
process. |
| (b) |
The
evaluation shall be conducted by the superintendent or designee. |
| (c) |
In
order to provide time to show progress in correcting the deficiencies
identified in the evaluation process, the evaluation process shall be completed
as follows:
| (i) |
In any
school year that the employee's contract of employment is not due to expire, at
least one evaluation shall be completed in that year. A written copy of the
evaluation shall be provided to the employee no later than the end of the
employee's contract year as defined by the employee's annual salary
notice. |
| (ii) |
In any
school year that the employee's contract of employment is due to expire, at
least a preliminary evaluation and at least a final evaluation shall be
completed in that year. A written copy of the preliminary evaluation shall be
provided to the employee at least sixty days prior to any action by the board
on the employee's contract of employment. The final evaluation shall indicate
the superintendent's intended recommendation to the board regarding a contract
of employment for the employee. A written copy of the evaluation shall be
provided to the employee at least five days prior to the board's acting to
renew or not renew the contract. |
|
|
| (3) |
Termination of an assistant superintendent,
principal, assistant principal, or other administrator's contract shall be
pursuant to section
3319.16 of the Revised Code.
Suspension of any such employee shall be pursuant to section
3319.17 or
3319.171 of the Revised
Code. |
| (4) |
Before taking action to renew or nonrenew the
contract of an assistant superintendent, principal, assistant principal, or
other administrator under this section and prior to the
first
day of June of the year in which such employee's contract
expires, the board shall notify each such employee of the date that the
contract expires and that the employee may request a meeting with the board.
Upon request by such an employee, the board shall grant the employee a meeting
in executive session. In that meeting, the board shall discuss its reasons for
considering renewal or nonrenewal of the contract. The employee shall be
permitted to have a representative, chosen by the employee, present at the
meeting. |
| (5) |
The establishment of an evaluation procedure shall
not create an expectancy of continued employment. Nothing in division (D) of
this section shall prevent a board from making the final determination
regarding the renewal or nonrenewal of the contract of any assistant
superintendent, principal, assistant principal, or other administrator.
However, if a board fails to provide evaluations pursuant to division
(D)(2)(c)(i) or (ii) of this section, or if the board fails to provide at the
request of the employee a meeting as prescribed in division (D)(4) of this
section, the employee automatically shall be reemployed at the same salary plus
any increments that may be authorized by the board for a period of one year,
except that if the employee has been employed by the district or service center
as an assistant superintendent, principal, assistant principal, or other
administrator for three years or more, the period of reemployment shall be for
two years. |
|
| (E) |
On nomination of the superintendent of a service
center a governing board may employ supervisors who shall be employed under
written contracts of employment for terms not to exceed five years each. Such
contracts may be terminated by a governing board pursuant to section
3319.16 of the Revised Code. Any
supervisor employed pursuant to this division may terminate the contract of
employment at the end of any school year after giving the board at least thirty
days' written notice prior to such termination. On the recommendation of the
superintendent the contract or contracts of any supervisor employed pursuant to
this division may be suspended for the remainder of the term of any such
contract pursuant to section
3319.17 or
3319.171 of the Revised
Code. |
| (F) |
A board may establish vacation leave for any
individuals employed under this section. Upon such an individual's separation
from employment, a board that has such leave may compensate such an individual
at the individual's current rate of pay for all lawfully accrued and unused
vacation leave credited at the time of separation, not to exceed the amount
accrued within three years before the date of separation. In case of the death
of an individual employed under this section, such unused vacation leave as the
board would have paid to the individual upon separation under this section
shall be paid in accordance with section
2113.04 of the Revised Code, or to
the estate. |
| (G) |
The board of education of any school district may
contract with the governing board of the educational service center from which
it otherwise receives services to conduct searches and recruitment of
candidates for assistant superintendent, principal, assistant principal, and
other administrator positions authorized under this section. |
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 09-26-2003
.
The board of education of each city, exempted village, and
local school district may create the position of business manager. The board
shall appoint such business manager who shall serve pursuant to a contract in
accordance with section
3319.02 of the Revised Code. In
the discharge of all official duties, the business manager may be directly
responsible to the board, or to the superintendent of schools, as the board
directs at the time of appointment to the position. Where such business manager
is responsible to the superintendent the business manager shall be appointed by
the superintendent and confirmed by the board. No board of education shall
appoint or confirm as business manager any person who does not hold a valid
business manager's license issued under section
3301.074 of the Revised Code. If
the business manager fails to maintain a valid license, the business manager
shall be removed by the board.
Effective Date:
09-26-2003.
Notwithstanding any provision of the Revised Code to
the contrary, if the board of education of a city, local, or exempted village
school district does not appoint a business manager under section 3319.03 of
the Revised Code, the board may assign powers and duties specified in section
3319.04 of the Revised Code to one or more employees or officers of the board,
including the treasurer, and may give the employees or officers any title
recognizing the assignment of the powers and duties. The prohibition, in
section 3319.04 of the Revised Code, against a business manager having
possession of moneys does not prevent a board from assigning powers and duties
specified in that section to the treasurer and does not prevent a treasurer who
is assigned those powers and duties from exercising the powers and duties of
treasurer. If the board assigns the duties of a business manager under section
3319.04 of the Revised Code to the treasurer, the treasurer shall not have the
authority to make recommendations to appoint or discharge noneducational
employees, except as provided under section 3313.31 of the Revised Code.
Instead, the district superintendent shall be responsible for making
recommendations, subject to confirmation by the board, for the appointment or
discharge of noneducational employees.
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
The business manager shall have the care and custody of all
property of the school district, real or personal, except moneys, supervise the
construction of buildings in the process of erection, and the maintenance,
operation, and repairs thereof, advertise for bids, and purchase and have
custody of all supplies and equipment authorized by the board. The business
manager shall assist in the preparation of the annual appropriation resolution;
shall appoint and may discharge, subject to confirmation by the board,
noneducational employees, except as provided in division (B) of section
3313.31 of the Revised Code; and
shall prepare and execute all contracts necessary in carrying out this section.
Effective Date:
07-31-1980;
03-30-2007.
The business manager
shall receive such compensation as is fixed by the board of education before
election, which shall not be
decreased during the business manager's term of office.
Except as
otherwise provided in section 3.061 of the Revised Code, the business
manager shall give such bond as prescribed by the board for the faithful
discharge of official duties.
Amended by
132nd General Assembly File No. TBD, HB 291, §1,
eff. 3/20/2019.
Effective Date:
10-01-1953.
| (A) |
The board of education of each city, exempted
village, or local school district may create the position of internal auditor.
Any person employed by the board as an internal auditor shall hold a valid
permit issued under section
4701.10 of the Revised Code to
practice as a certified public accountant or a public accountant. |
| (B) |
The board shall execute a written contract of
employment with each internal auditor it employs. The contract shall specify
the internal auditor's duties, the salary and other compensation to be paid for
performance of those duties, the number of days to be worked, the number of
days of vacation leave, if any, and any paid holidays in the contractual year.
The salary and other compensation prescribed by the contract may be increased
by the board during the term of the contract but shall not be reduced during
that term unless such reduction is part of a uniform plan affecting employees
of the entire district. The term of the initial contract shall not exceed three
years. Any renewal of the contract shall be for a term of not less than two
years and not more than five years. The internal auditor
shall be directly responsible to the board for the performance of all duties
outlined in the contract. If the board does not intend to renew the contract
upon its expiration, the board shall provide written notice to the internal
auditor of its intention not to renew the contract not later than the
first
day of June of the year in which the contract expires. If the
board does not provide such notice by that date, the internal auditor shall be
deemed reemployed for a term of one year at the same salary plus any increments
that may be authorized by the board. Termination of an internal auditor's
contract shall be pursuant to section
3319.16 of the Revised
Code.
|
| (C) |
Each board that employs an internal auditor shall
adopt procedures for the evaluation of the internal auditor and shall evaluate
the internal auditor in accordance with those procedures. The evaluation based
upon the procedures shall be considered by the board in deciding whether to
renew the internal auditor's contract of employment. The establishment of an
evaluation procedure shall not create an expectancy of continued employment.
Nothing in this section shall prevent the board from making the final
determination regarding the renewal or nonrenewal of the contract of an
internal auditor. |
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Effective Date: 06-30-2005
.
| (A) |
The
board of education of each city, exempted village, local, and joint vocational
school district shall employ the teachers of the public schools of their
respective districts. The governing board of
each educational service center may employ special instruction teachers,
special education teachers, and teachers of academic courses in which there are
too few students in each of the school districts entering into agreements
pursuant to section 3313.843 of the Revised Code to warrant each district's
employing teachers for those courses. When any board makes
appointments of teachers, the teachers in the employ of the board shall be
considered before new teachers are chosen in their stead. In all school
districts and in service centers, no teacher
shall be employed unless such person is nominated by the superintendent of such
district or center, or by another individual designated
by the board in the event that the superintendent's nomination would be a
violation of section 2921.42 of the Revised Code. Such board, by a
three-fourths vote of its full membership, may re-employ any teacher whom the
superintendent refuses to appoint.
|
| (B) |
The board of education of any school district may contract with the governing
board of the educational service center from which it otherwise receives
services to conduct searches and recruitment of candidates for teacher
positions. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.58, HB 157,
§1, eff.
12/21/2011.
Effective Date: 09-26-2003
.
The board of education
of any school district may, by resolution, establish a professional development
program for teachers in accordance with which it may reimburse teachers
employed by the district for all or any part of the cost incurred by the
teacher in the successful completion of a course or training program in which
the teacher enrolled as part of the development program. The terms and
conditions for participation shall be determined by the board and shall be
included in the resolution establishing the program.
No teacher shall be
required to participate in a professional development program under this
section. When a teacher is participating in such a program, such participation
does not constitute the performance of duties by such teacher in addition to
the teacher's regular teaching duties and is not subject to section
3311.77 or
3319.08 of the Revised Code.
As used in this section,
"teacher" has the meaning contained in division (A) of section
3319.09 of the Revised
Code.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 10-21-1977
.
Each teacher employed by the board of education of a school
district or a governing board of an educational service center shall be granted
at least thirty minutes for lunch each school day, during which time the
teacher shall not be required to perform any school activity; except that in a
one-teacher school where enforcement of the foregoing provisions may work a
hardship, the governing board of the service center in which the one-teacher
school is located may require the teacher to remain on duty. The granting of
the lunch period to a teacher shall not be cause for lengthening the school
day.
Effective Date:
09-29-1995.
| (A) |
The board of
education of each city and exempted village school district and the governing
board of each educational service center shall adopt or adapt the curriculum
developed by the department of education for, or shall develop in consultation
with public or private agencies or persons involved in child abuse prevention
or intervention programs, a program of in-service training in the prevention of
child abuse, violence, and substance abuse and the promotion of positive youth
development. Each person employed by any school district or service center to
work in a school as a nurse, teacher, counselor, school psychologist, or
administrator shall complete at least four hours of the in-service training
within two years of commencing employment with the district or center, and
every five years thereafter. A person who is employed by any school district or
service center to work in an elementary school as a nurse, teacher, counselor,
school psychologist, or administrator on March 30, 2007, shall complete at
least four hours of the in-service training not later than March 30, 2009, and
every five years thereafter. A person who is employed by any school district or
service center to work in a middle or high school as a nurse, teacher,
counselor, school psychologist, or administrator on October 16, 2009, shall
complete at least four hours of the in-service training not later than October
16, 2011, and every five years thereafter. |
| (B) |
Each board shall incorporate training in school safety and violence prevention,
including human trafficking content, into the in-service training required by
division (A) of this section. For this purpose, the board shall adopt or adapt
the curriculum developed by the department or shall develop its own curriculum
in consultation with public or private agencies or persons involved in school
safety and violence prevention programs. |
| (C) |
Each board shall incorporate training on the board's harassment, intimidation,
or bullying policy adopted under section
3313.666
of the Revised Code into the in-service training required by division (A) of
this section. Each board also shall incorporate training in the prevention of
dating violence into the in-service training required by that division for
middle and high school employees. The board shall develop its own curricula for
these purposes. |
| (D) |
Each board
shall incorporate training in youth suicide awareness and prevention into the
in-service training required by division (A) of this section for each person
employed by a school district or service center to work in a school as a nurse,
teacher, counselor, school psychologist, or administrator, and any other
personnel that the board determines appropriate. The
board shall require each such person to undergo training in youth suicide
awareness and prevention programs once every two years. For this purpose,
the board shall adopt or adapt the curriculum developed by the department or
shall develop its own curriculum in consultation with public or private
agencies or persons involved in youth suicide awareness and prevention
programs. The training completed
under this division shall count toward the satisfaction of requirements for
professional development required by the school district or service center
board, and the training may be accomplished through self-review of suitable
suicide prevention materials approved by the board.
|
Amended by
132nd General Assembly File No. TBD, HB 502, §1,
eff. 3/22/2019.
Amended by
130th General Assembly File No. TBD, HB 130, §1,
eff. 6/20/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.172, HB 543,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.74, HB 116,
§1, eff.
11/4/2012.
Amended by
128th General AssemblyFile No.16, HB 19,
§1, eff.
3/29/2010.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
09-29-1995; 03-30-2007
| (A) |
The board of
education of each city and exempted village school district and the governing
board of each educational service center shall adopt or adapt the curriculum
developed by the department of education for, or shall develop in consultation
with public or private agencies or persons involved in child abuse prevention
or intervention programs, a program of in-service training in the prevention of
child abuse, violence, and substance abuse and the promotion of positive youth
development. Each person employed by any school district or service center to
work in a school as a nurse, teacher, counselor, school psychologist, or
administrator shall complete at least four hours of the in-service training
within two years of commencing employment with the district or center, and
every five years thereafter. A person who is employed by any school district or
service center to work in an elementary school as a nurse, teacher, counselor,
school psychologist, or administrator on March 30, 2007, shall complete at
least four hours of the in-service training not later than March 30, 2009, and
every five years thereafter. A person who is employed by any school district or
service center to work in a middle or high school as a nurse, teacher,
counselor, school psychologist, or administrator on October 16, 2009, shall
complete at least four hours of the in-service training not later than October
16, 2011, and every five years thereafter. |
| (B) |
Each board shall incorporate training in school safety and violence prevention,
including human trafficking content, into the in-service training required by
division (A) of this section. For this purpose, the board shall adopt or adapt
the curriculum developed by the department or shall develop its own curriculum
in consultation with public or private agencies or persons involved in school
safety and violence prevention programs. |
| (C) |
Each board shall incorporate training on the board's harassment, intimidation,
or bullying policy adopted under section
3313.666
of the Revised Code into the in-service training required by division (A) of
this section. Each board also shall incorporate training in the prevention of
dating violence into the in-service training required by that division for
middle and high school employees. The board shall develop its own curricula for
these purposes. |
| (D) |
Each board
shall incorporate training in youth suicide awareness and prevention into the
in-service training required by division (A) of this section for each person
employed by a school district or service center to work in a school as a nurse,
teacher, counselor, school psychologist, or administrator, and any other
personnel that the board determines appropriate. The board shall require each
such person to undergo training in youth suicide awareness and prevention
programs once every two years. For this purpose, the board shall adopt or adapt
the curriculum developed by the department under
section 3301.221 of the Revised Code or shall develop its own curriculum
in consultation with public or private agencies or persons involved in youth
suicide awareness and prevention programs. The training completed
under this division shall count toward the satisfaction of requirements for
professional development required by the school district or service center
board, and the training may be accomplished through self-review of suitable
suicide prevention materials approved by the board.
|
Amended by
133rd General Assembly File No. TBD, HB 123, §1, eff.
3/24/2021.
Amended by
132nd General Assembly File No. TBD, HB 502, §1,
eff. 3/22/2019.
Amended by
130th General Assembly File No. TBD, HB 130, §1,
eff. 6/20/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.172, HB 543,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.74, HB 116,
§1, eff.
11/4/2012.
Amended by
128th General AssemblyFile No.16, HB 19,
§1, eff.
3/29/2010.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
09-29-1995; 03-30-2007
| (A) |
As used in
this section:
| (1) |
"Core
subject area" means reading and English language arts, mathematics, science,
social studies, foreign language, and fine arts. |
| (2) |
"Properly certified or licensed teacher" means a classroom teacher who has
successfully completed all requirements for certification or licensure under
this chapter applicable to the subject areas and grade levels in which the
teacher provides instruction and the students to whom the teacher provides the
instruction. |
| (3) |
"Properly
certified paraprofessional" means a paraprofessional who holds an educational
aide permit issued under section
3319.088
of the Revised Code and satisfies at least one of the following conditions:
| (a) |
Has
a designation of "ESEA qualified" on the educational aide permit; |
| (b) |
Has
successfully completed at least two years of coursework at an accredited
institution of higher education; |
| (c) |
Holds an associate degree or higher from an accredited institution of higher
education; |
| (d) |
Meets a
rigorous standard of quality as demonstrated by attainment of a qualifying
score on an academic assessment specified by the department of
education. |
|
|
| (B) |
Beginning July 1, 2019, no city, exempted village, local, joint vocational, or
cooperative education school district shall do either of the following:
| (1) |
Employ any classroom teacher to provide instruction in a core subject area to
any student, unless such teacher is a properly certified or licensed
teacher; |
| (2) |
Employ any
paraprofessional in a program supported with funds
received under Title I of the "Elementary and Secondary Education Act of 1965,"
20 U.S.C. 6301 et seq., to provide academic
support in a core subject area to any student, unless such paraprofessional is
a properly certified paraprofessional. |
|
| (C) |
At
the start of each school year, each school district shall notify the parent or
guardian of each student enrolled in the district that the parent or guardian
may request information on the professional qualifications of each classroom
teacher who provides instruction to the student. The district shall provide the
information on each applicable teacher in a timely manner to any parent or
guardian who requests it. Such information shall include at least the
following:
| (1) |
Whether the
teacher has satisfied all requirements for certification or licensure under
this chapter applicable to the subject areas and grade levels in which the
teacher provides instruction and the students to whom the teacher provides the
instruction, or whether the teacher provides instruction under a waiver of any
such requirements; |
| (2) |
Whether a
paraprofessional provides any services to the student and, if so, the
qualifications of the paraprofessional. |
|
Repealed by
133rd General Assembly File No. TBD, HB 166, §105.01, eff.
7/18/2019 (Vetoed).
Amended by
132nd General Assembly File No. TBD, HB 477, §1,
eff. 4/8/2019.
Added by
132nd General Assembly File No. TBD, SB 216, §1,
eff.
11/2/2018.
Once the state board of
education adopts professional development standards pursuant to section
3319.61 of the
Revised Code, the board of education of each school district shall use the
standards for the following purposes:
| (A) |
To
guide the design of teacher education programs serving both teacher candidates
and experienced teachers; |
| (B) |
To
guide school-based professional development that is aligned with student
achievement; |
| (C) |
To determine
what types of professional development the school district and the schools
within the district should provide; |
| (D) |
To
guide how state and federal funding for professional development should be
spent; |
| (E) |
To develop
criteria for decision making by the local professional development committees
established under section
3319.22
of the Revised Code; |
| (F) |
To guide the
school district in the hiring of third-party providers of instructional
services who use or meet the professional development standards; |
| (G) |
To
guide all licensed school personnel in developing their own plans for
professional growth; |
| (H) |
To guide the development of professional growth plans
and improvement plans resulting from the teacher evaluations conducted under
section
3319.111
of the Revised Code. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Effective Date:
06-09-2004.
No school district shall employ any classroom teacher initially hired on or
after July 1, 2013, to provide instruction in physical education in any of
grades kindergarten through twelve unless the teacher holds a valid license
issued pursuant to section
3319.22 of the Revised Code for
teaching physical education.
Added by
128th General AssemblyFile No.49, SB 210,
§1, eff.
9/17/2010.
| (A) |
The board of education of each city, exempted
village, local, and joint vocational school district and the governing board of
each educational service center shall enter into written contracts for the
employment and reemployment of all teachers. Contracts for the employment of
teachers shall be of two types, limited contracts and continuing contracts. The
board of each school district or service center that authorizes compensation in
addition to the salary
paid under section
3317.14 or
3317.141 of the Revised Code
for the performance of duties by a teacher that are in addition to the
teacher's regular teaching duties, shall enter into a supplemental written
contract with each teacher who is to perform additional duties. Such
supplemental written contracts shall be limited contracts. Such written
contracts and supplemental written contracts shall set forth the teacher's
duties and shall specify the salaries and compensation to be paid for regular
teaching duties and additional teaching duties, respectively, either or both of
which may be increased but not diminished during the term for which the
contract is made, except as provided in section
3319.12 of the Revised Code. If a board adopts a
motion or resolution to employ a teacher under a limited or continuing contract
and the teacher accepts such employment, the failure of such parties to execute
a written contract shall not void such employment contract.
|
| (B) |
Teachers must be paid for all time lost when the
schools in which they are employed are closed due to an epidemic or other
public calamity, and for time lost due to illness or otherwise for not less
than five days annually as authorized by regulations which each board shall
adopt. |
| (C) |
A limited contract is:
| (1) |
For a superintendent, a contract for such term as authorized by section
3319.01 of the Revised
Code; |
| (2) |
For an
assistant superintendent, principal, assistant principal, or other
administrator, a contract for such term as authorized by section
3319.02 of the Revised
Code; |
| (3) |
For all
other teachers, a contract for a term not to exceed five
years. |
|
| (D) |
A continuing contract is a contract that remains
in effect until the teacher resigns, elects to retire, or is retired pursuant
to former section
3307.37 of the Revised Code, or
until it is terminated or suspended and shall be granted only to the following:
| (1) |
Any teacher holding a professional, permanent, or life teacher's
certificate; |
| (2) |
Any
teacher who meets the following conditions:
| (a) |
The teacher was initially issued a teacher's certificate or educator license
prior to January 1, 2011. |
| (b) |
The teacher holds a professional educator license issued under section
3319.22 or
3319.222 or former section
3319.22 of the Revised Code or a
senior professional educator license or lead professional educator license
issued under section
3319.22 of the Revised
Code. |
| (c) |
The
teacher has completed the applicable one of the following:
| (i) |
If the teacher did not hold a master's degree at the time of initially
receiving a teacher's certificate under former law or an educator license,
thirty semester hours of coursework in the area of licensure or in an area
related to the teaching field since the initial issuance of such certificate or
license, as specified in rules which the state board of education shall
adopt; |
| (ii) |
If the
teacher held a master's degree at the time of initially receiving a teacher's
certificate under former law or an educator license, six semester hours of
graduate coursework in the area of licensure or in an area related to the
teaching field since the initial issuance of such certificate or license, as
specified in rules which the state board shall
adopt. |
|
|
| (3) |
Any teacher who meets the following conditions:
| (a) |
The teacher never held a teacher's certificate and was initially issued an
educator license on or after January 1, 2011. |
| (b) |
The teacher holds a professional educator license, senior professional educator
license, or lead professional educator license issued under section
3319.22 of the Revised
Code. |
| (c) |
The
teacher has held an educator license for at least seven years. |
| (d) |
The teacher has completed the applicable one of the following:
| (i) |
If the teacher did not hold a master's degree at the time of initially
receiving an educator license, thirty semester hours of coursework in the area
of licensure or in an area related to the teaching field since the initial
issuance of that license, as specified in rules which the state board shall
adopt; |
| (ii) |
If the
teacher held a master's degree at the time of initially receiving an educator
license, six semester hours of graduate coursework in the area of licensure or
in an area related to the teaching field since the initial issuance of that
license, as specified in rules which the state board shall
adopt. |
|
|
|
| (E) |
Division (D) of this section applies only to
continuing contracts entered into on or after October 16,
2009. Nothing in that division shall be construed to void or otherwise
affect a continuing contract entered into prior to that date. Notwithstanding any
provision to the contrary in Chapter 4117. of the Revised Code, the
requirements of division (D)(3) of this section prevail over any conflicting
provisions of a collective bargaining agreement entered into on or after
October 16, 2009.
|
| (F) |
Wherever the term "educator license" is used in
this section without reference to a specific type of educator license, the term
does not include an educator license for substitute teaching issued under
section 3319.226 of the Revised
Code. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 07-13-2000
.
Except as otherwise
provided in division (G) of this section, in all school districts wherein the
provisions of Chapter 124. of the Revised Code do not apply, the following
employment contract system shall control for employees whose contracts of
employment are not otherwise provided by law:
| (A) |
Newly hired regular nonteaching school employees, including regular hourly rate
and per diem employees, shall enter into written contracts for their employment
which shall be for a period of not more than one year. If such employees are
rehired, their three subsequent
contracts shall be for a period of two years
each. |
| (B) |
After the termination of the third two-year
contract provided in division (A) of this section, if the contract of a
nonteaching employee is renewed, the employee shall be continued in employment,
and the salary provided in the contract may be increased but not reduced unless
such reduction is a part of a uniform plan affecting the nonteaching employees
of the entire district. |
| (C) |
The
contracts as provided for in this section may be terminated by a majority vote
of the board of education. Except as provided in sections
3319.0810
and
3319.172
of the Revised Code, the contracts may be terminated only for violation of
written rules and regulations as set forth by the board of education or for
incompetency, inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment of the public, neglect of duty, or any
other acts of misfeasance, malfeasance, or nonfeasance. In addition to the
right of the board of education to terminate the contract of an employee, the
board may suspend an employee for a definite period of time or demote the
employee for the reasons set forth in this division. The action of the board of
education terminating the contract of an employee or suspending or demoting the
employee shall be served upon the employee by certified mail. Within ten days
following the receipt of such notice by the employee, the employee may file an
appeal, in writing, with the court of common pleas of the county in which such
school board is situated. After hearing the appeal the common pleas court may
affirm, disaffirm, or modify the action of the school board. A violation of division
(A)(7) of section
2907.03 of the
Revised Code is grounds for termination of employment of a nonteaching employee
under this division.
|
| (D) |
All
employees who have been employed by a school district where the provisions of
Chapter 124. of the Revised Code do not apply, for a period of at least three
years on November 24, 1967, shall hold continuing contracts of employment
pursuant to this section. |
| (E) |
Any
nonteaching school employee may terminate the nonteaching school employee's
contract of employment thirty days subsequent to the filing of a written notice
of such termination with the treasurer of the board. |
| (F) |
A
person hired exclusively for the purpose of replacing a nonteaching school
employee while such employee is on leave of absence granted under section
3319.13
of the Revised Code is not a regular nonteaching school employee under this
section. |
| (G) |
All
nonteaching employees employed pursuant to this section and Chapter 124. of the
Revised Code shall be paid for all time lost when the schools in which they are
employed are closed owing to an epidemic or other public calamity. Nothing in
this division shall be construed as requiring payment in excess of an
employee's regular wage rate or salary for any time worked while the school in
which the employee is employed is officially closed for the reasons set forth
in this division. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
07-19-1994; 09-29-2005
In all school districts wherein the provisions of Chapter 124.
of the Revised Code do not apply, each board of education shall cause notice to
be given annually not later than the first day of July to each nonteaching
school employee, who holds a contract valid for the succeeding school year, as
to the salary to be paid such school employee during each year. Such salary
shall not be lower than the salary paid during the preceding school year unless
such reduction is a part of a uniform plan affecting the nonteaching employees
of the entire district. This section does not prevent increases of salary after
the board's annual notice has been given.
Effective Date:
08-26-1977.
In all school districts wherein the provisions of Chapter 124.
of the Revised Code do not apply, each board of education shall cause notice to
be given of its intention not to re-employ said non-teaching employee, at the
expiration of his contract. If such notice is not given the non-teaching school
employee on or before the first day of June, said employee shall be deemed
re-employed.
Effective Date:
08-05-1981.
In all school districts each full-time nonteaching school
employee including full-time hourly-rate and per diem employees, after service
of one year with a board of education, shall be entitled, during each year
thereafter, while continuing in the employ of such board of education, to
vacation leave with full pay for a minimum of two calendar weeks, excluding
legal holidays. Employees continuing in the employ of such board of education
for ten or more years of service shall be entitled to vacation leave with full
pay for a minimum of three calendar weeks, excluding legal holidays. Employees
continuing in the employ of such board of education for twenty or more years of
service shall be entitled to vacation leave with full pay for a minimum of four
calendar weeks, excluding legal holidays. Upon separation from employment a
nonteaching school employee shall be entitled to compensation at his current
rate of pay for all lawfully accrued and unused vacation leave to his credit at
the time of separation, not to exceed the vacation leave accrued to his credit
for the two years immediately preceding his separation and the prorated portion
of his earned but unused vacation leave for the current year. In case of the
death of a nonteaching school employee such accrued and unused vacation leave
and prorated portion for the current year shall be paid in accordance with
section 2113.04 of the Revised Code, or to
his estate. For the purposes of this section, a full-time employee is a person
who is in service for not less than eleven months in each calendar year. A
board of education may establish vacation leave for employees who are in
service less than eleven months in each calendar year.
Effective Date:
07-01-1975.
Any nonteaching school
employee who performs service in the uniformed services or service under
section 5923.12 of the Revised Code
and who has returned, or returns, from that service
with a discharge under honorable
conditions or is released from service under
section 5923.12 of the Revised Code
shall be re-employed by the board of education of the district in which
the nonteaching
school employee held the nonteaching school employee position
as required by the "Uniformed Services
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,
38 U.S.C. 4303.
The board of education of
the
district in which the nonteaching school employee was employed and is
re-employed under this section may suspend the contract of the nonteaching
school employee whose services become unnecessary by reason of the return of a
nonteaching school employee from service in the uniformed
services .
As used in this section, "service in the uniformed services"
and "uniformed services" have the same meanings as in the "Uniformed Services
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,
38 U.S.C. 4303.
Amended by
129th General AssemblyFile No.138, HB 490,
§1, eff.
9/28/2012.
Effective Date: 03-18-1969
.
In all school districts, forty hours shall be the standard work
week for all non-teaching school employees. Such employees shall not be
required to work on days declared by the employing board of education as school
holidays unless failure to work on such holidays would impair the public
service. Where such employees are required by their responsible administrative
superiors to work in excess of forty hours in any seven day period or to work
on days declared by the employing board of education to be school holidays,
they shall be compensated for such time worked at not less than their regular
rate of pay, or be granted compensatory time off. As used in this section,
"non-teaching school employees" does not include any person employed in the
public schools of the state in an administrative or supervisory capacity in
connection with the services rendered by non-teaching school employees. Nothing
in this section shall prevent the school district from establishing a work week
of less than forty hours.
Effective Date:
09-16-1963.
Notwithstanding section
3319.086 of the Revised Code, all
regular nonteaching school employees employed on an eleven or twelve month
basis, whether salaried or compensated on an hourly or per diem basis, are
entitled to a minimum of the following holidays for which they shall be paid
their regular salary or their regular rate of pay, provided each such employee
accrued earnings on his next preceding and his next following scheduled work
days before and after such holiday or was properly excused from attendance at
work on either or both of those days: New Year's day, Martin Luther King day,
Memorial day, Independence day, Labor day, Thanksgiving day, and Christmas day
of each year. All regular nonteaching school employees employed on a nine or
ten month basis, whether salaried or compensated on an hourly or per diem
basis, are entitled to a minimum of the following holidays for which they shall
be paid their regular salary or their regular rate of pay, provided each such
employee accrued earnings on his next preceding and next following scheduled
work days before and after such holiday or was properly excused from attendance
at work on either or both of those days: New Year's day, Martin Luther King
day, Memorial day, Labor day, Thanksgiving day, and Christmas day of each year.
Regular nonteaching school employees employed less than nine months shall be
entitled to a minimum of those holidays enumerated in this section which fall
during the employees' time of employment. In addition to the above named
holidays, a board of education may declare any other day, except days approved
for teachers' attendance at an educational meeting, as a holiday and shall pay
to all such regular nonteaching school employees, whether salaried or
compensated on an hourly or per diem basis, their regular salary or their
regular rate of pay. When any employee is required by his responsible
administrative superior to work on any of the paid holidays, he shall be
granted compensatory time off for which he shall be paid his regular salary or
at his regular rate of pay, or a board of education may establish a premium
rate of pay for work performed on a paid holiday. Holidays shall occur on the
days specified in section
1.14 of the
Revised Code. For purposes of determining whether a person who is not in the
employ of a board of education on Labor day is in compliance with the
requirement of this section that states that in order for a nonteaching
employee to be eligible for Labor day holiday pay he must have accrued earnings
on the scheduled work day immediately preceding Labor day or have been excused
from attendance at work on that day, a board of education shall count the
employee's last scheduled work day of his preceding period of employment as his
last scheduled day of employment for purposes of this requirement. For the
purposes of this section, "employed" and "time of employment" mean the period
from the initial date of employment to the termination of employment with that
school district.
Effective Date:
08-01-1975.
As used in this
section, "educational assistant" means any nonteaching employee in a school
district who directly assists a teacher as defined in section
3319.09 of the Revised Code, by
performing duties for which a license issued pursuant to sections
3319.22 to
3319.30 of the Revised Code is
not required.
| (A) |
The
state board of education shall issue educational aide permits and educational
paraprofessional licenses for educational assistants and shall adopt rules for
the issuance and renewal of such permits and licenses which shall be consistent
with the provisions of this section. Educational aide permits and educational
paraprofessional licenses may be of several types and the rules shall prescribe
the minimum qualifications of education, health, and character for the service
to be authorized under each type. The prescribed minimum qualifications may
require special training or educational courses designed to qualify a person to
perform effectively the duties authorized under an educational aide permit or
educational paraprofessional license. |
| (B) |
| (1) |
Any application for a permit or license, or a renewal or duplicate of a permit
or license, under this section shall be accompanied by the payment of a fee in
the amount established under division (A) of section
3319.51 of the Revised Code. Any
fees received under this division shall be paid into the state treasury to the
credit of the state board of education licensure fund established under
division (B) of section
3319.51 of the Revised
Code. |
| (2) |
Any
person applying for or holding a permit or license pursuant to this section is
subject to sections 3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code and
sections 3319.31 and
3319.311 of the Revised
Code. |
|
| (C) |
Educational assistants shall at all times while in the performance of their
duties be under the supervision and direction of a teacher as defined in
section 3319.09 of the Revised Code.
Educational assistants may assist a teacher to whom assigned in the supervision
of pupils, in assisting with instructional tasks, and in the performance of
duties which, in the judgment of the teacher to whom the assistant is assigned,
may be performed by a person not licensed pursuant to sections
3319.22 to
3319.30 of the Revised Code and
for which a teaching license, issued pursuant to sections
3319.22 to
3319.30 of the Revised Code is
not required. The duties of an educational assistant shall not include the
assignment of grades to pupils. The duties of an educational assistant need not
be performed in the physical presence of the teacher to whom assigned, but the
activity of an educational assistant shall at all times be under the direction
of the teacher to whom assigned. The assignment of an educational assistant
need not be limited to assisting a single teacher. In the event an educational
assistant is assigned to assist more than one teacher the assignments shall be
clearly delineated and so arranged that the educational assistant shall never
be subject to simultaneous supervision or direction by more than one teacher. Educational
assistants assigned to supervise children shall, when the teacher to whom
assigned is not physically present, maintain the degree of control and
discipline that would be maintained by the teacher. Educational
assistants may not be used in place of classroom teachers or other employees
and any payment of compensation by boards of education to educational
assistants for such services is prohibited. The ratio between the number of
licensed teachers and the pupils in a school district may not be decreased by
utilization of educational assistants and no grouping, or other organization of
pupils, for utilization of educational assistants shall be established which is
inconsistent with sound educational practices and procedures. A school district
may employ up to one full time equivalent educational assistant for each six
full time equivalent licensed employees of the district. Educational assistants
shall not be counted as licensed employees for purposes of state support in the
school foundation program and no grouping or regrouping of pupils with
educational assistants may be counted as a class or unit for school foundation
program purposes. Neither special courses required by the regulations of the
state board of education, prescribing minimum qualifications of education for
an educational assistant, nor years of service as an educational assistant
shall be counted in any way toward qualifying for a teacher license, for a
teacher contract of any type, or for determining placement on a salary schedule
in a school district as a teacher.
|
| (D) |
Educational assistants employed by a board of education shall have all rights,
benefits, and legal protection available to other nonteaching employees in the
school district, except that provisions of Chapter 124. of the Revised Code
shall not apply to any person employed as an educational assistant, and shall
be members of the school employees retirement system. Educational assistants
shall be compensated according to a salary plan adopted annually by the board. Except as provided in
this section nonteaching employees shall not serve as educational assistants
without first obtaining an appropriate educational aide permit or educational
paraprofessional license from the state board of education. A nonteaching
employee who is the holder of a valid educational aide permit or educational
paraprofessional license shall neither render nor be required to render
services inconsistent with the type of services authorized by the permit or
license held. No person shall receive compensation from a board of education
for services rendered as an educational assistant in violation of this
provision. Nonteaching employees
whose functions are solely secretarial-clerical and who do not perform any
other duties as educational assistants, even though they assist a teacher and
work under the direction of a teacher shall not be required to hold a permit or
license issued pursuant to this section. Students preparing to become licensed
teachers or educational assistants shall not be required to hold an educational
aide permit or paraprofessional license for such periods of time as such
students are assigned, as part of their training program, to work with a
teacher in a school district. Such students shall not be compensated for such
services. Following the
determination of the assignment and general job description of an educational
assistant and subject to supervision by the teacher's immediate administrative
officer, a teacher to whom an educational assistant is assigned shall make all
final determinations of the duties to be assigned to such assistant. Teachers
shall not be required to hold a license designated for being a supervisor or
administrator in order to perform the necessary supervision of educational
assistants.
|
| (E) |
No person who is, or who has been employed as an educational assistant shall
divulge, except to the teacher to whom assigned, or the administrator of the
school in the absence of the teacher to whom assigned, or when required to
testify in a court or proceedings, any personal information concerning any
pupil in the school district which was obtained or obtainable by the
educational assistant while so employed. Violation of this provision is grounds
for disciplinary action or dismissal, or both. |
| (F) |
Notwithstanding anything to the contrary in this
section, the superintendent of a school district may allow an employee who does
not hold a permit or license issued under this section to work as a substitute
for an educational assistant who is absent on account of illness or on a leave
of absence, or to fill a temporary position created by an emergency, provided
that the superintendent believes the employee's application materials indicate
that the employee is qualified to obtain a permit or license under this
section. An employee shall begin work as a substitute under this
division not earlier than on the date on which the employee files an
application with the state board for a permit or license under this section. An
employee shall cease working as a substitute under this division on the
earliest of the following:
| (1) |
The date on which the employee files a valid permit or
license issued under this section with the superintendent; |
| (2) |
The date on which the employee is denied a permit or
license under this section; |
| (3) |
Sixty days following the date on which the employee
began work as a substitute under this division. The superintendent shall ensure that an employee assigned to
work as a substitute under division (F) of this section has undergone a
criminal records check in accordance with section
3319.391 of the Revised
Code.
|
|
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009 and
10/16/2009.
Effective Date: 03-22-2001
.
The board of education of any city, local, or exempted village
school district may adopt a resolution approving a contract with a county
department of job and family services under section
5107.541 of the Revised Code to
provide for a participant of the work experience program who has a child
enrolled in a public school in that district to fulfill the work requirements
of the work experience program by volunteering or working in that public school
in accordance with section
5107.541 of the Revised Code. Such
recipients are not employees of such board of education. Before a school
district places a participant in a public school under this section, the
appointing officer or hiring officer of the board of education of a school
district shall request a criminal records check of the participant to be
conducted in the same manner as required for a person under section
3319.39 of the Revised Code. The
records check shall be conducted even though the participant, if subsequently
hired, would not be considered an employee of the school district for purposes
of working at the school. A participant shall not be placed in a school if the
participant previously has been convicted of or pleaded guilty to any of the
offenses listed in division (B)(1)(a) or (b) of section
3319.39 of the Revised Code.
Effective Date:
07-01-2000; 2007
HB190 11-14-2007
.
| (A) |
The
board of education of any school district wherein the provisions of Chapter
124. of the Revised Code do not apply may terminate any of its transportation
staff positions for reasons of economy and efficiency if the board instead of
employing its own staff to transport some or all of the students enrolled in
the district schools enters into a contract with an independent agent for the
provision of transportation services for such students. Such a contract may be
entered into only if all of the following conditions are satisfied:
| (1) |
Any
collective bargaining agreement between the employee organization representing
the employees whose positions are terminated under this section and the board
has expired or will expire within sixty days and has not been renewed in
conformance with provisions of that agreement and with Chapter 4117. of the
Revised Code, or the agreement contains provisions permitting the termination
of positions for reasons of economy and efficiency while the agreement is in
force and the board is in conformance with those provisions. |
| (2) |
The
board permits any employee whose position is terminated under this section to
fill any vacancy within the district's organization for which the employee is
qualified. The board shall select from among similarly qualified employees to
fill such vacancies pursuant to procedures established under any collective
bargaining agreement between the employee organization representing the
terminated employees and the board that is in force at the time of the
termination, or in absence of such provisions on the basis of seniority of
employment by the board with the employee with the greatest seniority having
highest priority. |
| (3) |
Unless
a collective bargaining agreement between the employee organization
representing the terminated employees and the board that is in force at the
time of the termination provides otherwise, the board permits any employee
whose position is terminated under this section to fill the employee's former
position in the event that the board reinstates that position within one year
after the date the position is terminated under this section. |
| (4) |
The
board permits any employee whose position is terminated under this section to
appeal in accordance with section
119.12 of the Revised Code the
board's decision to terminate the employee's position, not to hire that
employee for another position pursuant to division (A)(2) of this section, or
not to rehire that employee for the position if it is reinstated within one
year after the position is terminated pursuant to division (A)(3) of this
section. |
| (5) |
The contract entered into by the board and an
independent agent for the provision of transportation services contains a
stipulation requiring the agent to consider hiring any employees of the school
district whose positions are terminated under this section for similar
positions within the agent's organization. |
| (6) |
The
contract entered into by the board and an independent agent for the provision
of transportation services contains a stipulation requiring the agent to
recognize for purposes of employee representation in collective bargaining any
employee organization that represented the employees whose positions are
terminated under this section in collective bargaining with the board at the
time of the termination provided:
| (a) |
A
majority of all employees in the bargaining unit agree to such
representation; |
| (b) |
Such
representation is not prohibited by federal law, including any ruling of the
national labor relations board; |
| (c) |
The
employee organization is not prohibited from representing nonpublic employees
by other provisions of law or its own governing instruments. However, any employee whose position is terminated
under this section shall not be compelled to be included in such bargaining
unit if there is another bargaining unit within the agent's organization that
is applicable to the employee.
|
|
|
| (B) |
If
after terminating any positions of employment under this section the board
fails to comply with any condition prescribed in division (A) of this section
or fails to enforce on the agent its contractual obligations prescribed in
divisions (A)(5) and (6) of this section, the terminations shall be void and
the board shall reinstate the positions and fill them with the employees who
filled those positions just prior to the terminations. Such employees shall be
compensated at a rate equal to their rate of compensation in those positions
just prior to the terminations plus any increases paid since the terminations
to other nonteaching employees. The employees shall also be entitled to back
pay at such rate for the period from the date of the terminations to the date
of the reinstatements minus any pay received by the employees during any time
the board was in compliance with such conditions or during any time the board
enforced those obligations. Any employee aggrieved by the failure of the board to
comply with any condition prescribed in division (A) of this section or to
enforce on the agent its contractual obligations prescribed in divisions (A)(5)
and (6) of this section shall have the right to sue the board for reinstatement
of the employee's former position as provided for in this division in the court
of common pleas for the county in which the school district is located or, if
the school district is located in more than one county, in the court of common
pleas for the county in which the majority of the territory of the school
district is located.
|
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Repealed by
128th General AssemblyFile No.9, HB 1,
§105.01, eff.
10/16/2009.
.
If the board of education of a school district offers to
students of compulsory school age courses for high school credit that are
taught at times outside the district's normal school day, the board shall enter
into supplemental contracts under section
3319.08 of the Revised Code with
the teachers assigned to teach those courses and shall not include such
assignment of duties within the teachers' regular employment contracts under
that section.
Effective Date:
04-04-2007.
As used in sections
3319.08 to
3319.18, inclusive, of the Revised
Code:
| (A) |
"Teacher" means all
persons licensed to teach and who are employed in the public schools of this
state as instructors, principals, supervisors, superintendents, or in any other
educational position for which the state board of education requires licensure
under sections
3319.22 to
3319.31 of the Revised Code
including persons having a license issued pursuant to sections
3319.22 to
3319.31 of the Revised Code and
employed in an educational position, as determined by the state board of
education, under programs provided for by federal acts or regulations and
financed in whole or in part from federal funds, but for which no licensure
requirements for the position can be made under the provisions of such federal
acts or regulations. |
| (B) |
"Year"
as applied to term of service means actual service of not less than one hundred
twenty days within a school year; provided that any board of education may
grant a leave of absence for professional advancement with full credit for
service. |
| (C) |
"Continuing service
status" for a teacher means employment under a continuing contract. |
Effective Date:
06-09-2004.
Teachers may be employed
as substitute teachers for terms not to exceed one year for assignment as
services are needed to take the place of regular teachers absent on account of
illness or on leaves of absence or to fill temporarily positions created by
emergencies; such assignment to be subject to termination when such services no
longer are needed.
A teacher employed as a
substitute with an assignment to one specific teaching position shall after
sixty days of service be granted sick leave, visiting days, and other local
privileges granted to regular teachers including a salary not less than the
minimum salary on the current adopted salary schedule.
A teacher employed as a
substitute for one hundred twenty days or more during a school year and
re-employed for or assigned to a specific teaching position for the succeeding
year shall receive a contract as a regular teacher if the substitute meets the
local educational requirements for the employment of regular teachers.
Teachers employed as
substitutes on a casual or day-to-day basis shall not be entitled to the notice
of nonre-employment prescribed in section 3311.81 or 3319.11 of the
Revised Code, but boards of education may grant such teachers sick leave and
other local privileges and cumulate such service in determining
seniority.
For purposes of
determining in any school year the days of service of a substitute teacher
under this section, any teacher's days of service in that school year while
conditionally employed as a substitute teacher under section
3319.101 of the Revised Code shall
count as days of service as a substitute teacher under this section.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 06-05-1996
.
| (A) |
Except as
provided under division (B) of this section, if any person applies to the board
of education of a school district to be employed as a substitute teacher and
the person does not hold a valid teacher's certificate issued under sections
3319.22 to
3319.31 of the Revised Code, and
if the superintendent of the district believes the person's application
materials indicate that the person is qualified to obtain a teacher's
certificate under those sections, the board may conditionally employ the person
as a substitute teacher during the period, which shall not exceed sixty days,
commencing on the date on which the person files an application with the state
board of education for a teacher's certificate and ending on the date on which
the district board receives notice from the superintendent of the district that
the teacher has filed with the superintendent a valid teacher's certificate.
|
| (B) |
If a person conditionally
employed under division (A) of this section is denied a teacher's certificate
by the state board, the employing board shall terminate the person from
employment. |
Effective Date:
06-05-1996.
| (A) |
As used in this section:
| (1) |
"Evaluation procedures" means the procedures required by the policy adopted
pursuant to division (A) of section
3319.111 of the Revised
Code. |
| (2) |
"Limited
contract" means a limited contract, as described in section
3319.08 of the Revised Code, that
a school district board of education or governing board of an educational
service center enters into with a teacher who is not eligible for continuing
service status. |
| (3) |
"Extended
limited contract" means a limited contract, as described in section
3319.08 of the Revised Code, that
a board of education or governing board enters into with a teacher who is
eligible for continuing service status. |
|
| (B) |
Teachers eligible for continuing service status in any city, exempted village,
local, or joint vocational school district or educational service center shall
be those teachers qualified as described in division (D) of section
3319.08 of the Revised Code, who
within the last five years have taught for at least three years in the district
or center, and those teachers who, having attained continuing contract status
elsewhere, have served two years in the district or center, but the board, upon
the recommendation of the superintendent, may at the time of employment or at
any time within such two-year period, declare any of the latter teachers
eligible.
| (1) |
Upon the
recommendation of the superintendent that a teacher eligible for continuing
service status be reemployed, a continuing contract shall be entered into
between the board and the teacher unless the board by a three-fourths vote of
its full membership rejects the recommendation of the superintendent. If the
board rejects by a three-fourths vote of its full membership the recommendation
of the superintendent that a teacher eligible for continuing service status be
reemployed and the superintendent makes no recommendation to the board pursuant
to division (C) of this section, the board may declare its intention not to
reemploy the teacher by giving the teacher written notice on or before the
first day of June of its intention not to reemploy the teacher. If evaluation
procedures have not been complied with pursuant to section
3319.111 of the Revised Code or
the board does not give the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to exceed one year
at the same salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended limited
contract for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall be executed
accordingly. Upon any subsequent reemployment of the teacher only a continuing
contract may be entered into. |
| (2) |
If
the superintendent recommends that a teacher eligible for continuing service
status not be reemployed, the board may declare its intention not to reemploy
the teacher by giving the teacher written notice on or before the first day of
June of its intention not to reemploy the teacher. If evaluation procedures
have not been complied with pursuant to section
3319.111 of the Revised Code or
the board does not give the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to exceed one year
at the same salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended limited
contract for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall be executed
accordingly. Upon any subsequent reemployment of a teacher only a continuing
contract may be entered into. |
| (3) |
Any
teacher receiving written notice of the intention of a board not to reemploy
such teacher pursuant to this division is entitled to the hearing provisions of
division (G) of this section. |
|
| (C) |
| (1) |
If a board rejects the recommendation of
the superintendent for reemployment of a teacher pursuant to division (B)(1) of
this section, the superintendent may recommend reemployment of the teacher, if
continuing service status has not previously been attained elsewhere, under an
extended limited contract for a term not to exceed two years, provided that
written notice of the superintendent's intention to make such recommendation
has been given to the teacher with reasons directed at the professional
improvement of the teacher on or before the first day of June. Upon subsequent
reemployment of the teacher only a continuing contract may be entered
into. |
| (2) |
If a board of education takes affirmative action
on a superintendent's recommendation, made pursuant to division (C)(1) of this
section, of an extended limited contract for a term not to exceed two years but
the board does not give the teacher written notice of its affirmative action on
the superintendent's recommendation of an extended limited contract on or
before the first day of June, the teacher is deemed reemployed under a
continuing contract at the same salary plus any increment provided by the
salary schedule. The teacher is presumed to have accepted employment under such
continuing contract unless such teacher notifies the board in writing to the
contrary on or before the fifteenth day of June, and a continuing contract
shall be executed accordingly. |
| (3) |
A
board shall not reject a superintendent's recommendation, made pursuant to
division (C)(1) of this section, of an extended limited contract for a term not
to exceed two years except by a three-fourths vote of its full membership. If a
board rejects by a three-fourths vote of its full membership the recommendation
of the superintendent of an extended limited contract for a term not to exceed
two years, the board may declare its intention not to reemploy the teacher by
giving the teacher written notice on or before the first day of June of its
intention not to reemploy the teacher. If evaluation procedures have not been
complied with pursuant to section
3319.111 of the Revised Code or if
the board does not give the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to exceed one year
at the same salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended limited
contract for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall be executed
accordingly. Upon any subsequent reemployment of the teacher only a continuing
contract may be entered into. Any teacher receiving
written notice of the intention of a board not to reemploy such teacher
pursuant to this division is entitled to the hearing provisions of division (G)
of this section.
|
|
| (D) |
A
teacher eligible for continuing contract status employed under an extended
limited contract pursuant to division (B) or (C) of this section, is, at the
expiration of such extended limited contract, deemed reemployed under a
continuing contract at the same salary plus any increment granted by the salary
schedule, unless evaluation procedures have been complied with pursuant to
section 3319.111 of the Revised Code and
the employing board, acting on the superintendent's recommendation that the
teacher not be reemployed, gives the teacher written notice on or before the
first day of June of its intention not to reemploy such teacher. A teacher who
does not have evaluation procedures applied in compliance with section
3319.111 of the Revised Code or
who does not receive notice on or before the first day of June of the intention
of the board not to reemploy such teacher is presumed to have accepted
employment under a continuing contract unless such teacher notifies the board
in writing to the contrary on or before the fifteenth day of June, and a
continuing contract shall be executed accordingly. Any teacher receiving a
written notice of the intention of a board not to reemploy such teacher
pursuant to this division is entitled to the hearing provisions of division (G)
of this section.
|
| (E) |
The board shall enter into a limited contract with each teacher employed by the
board who is not eligible to be considered for a continuing contract. Any teacher employed
under a limited contract, and not eligible to be considered for a continuing
contract, is, at the expiration of such limited contract, considered reemployed
under the provisions of this division at the same salary plus any increment
provided by the salary schedule unless evaluation procedures have been complied
with pursuant to section
3319.111 of the Revised Code and
the employing board, acting upon the superintendent's written recommendation
that the teacher not be reemployed, gives such teacher written notice of its
intention not to reemploy such teacher on or before the first day of June. A
teacher who does not have evaluation procedures applied in compliance with
section 3319.111 of the Revised Code or
who does not receive notice of the intention of the board not to reemploy such
teacher on or before the first day of June is presumed to have accepted such
employment unless such teacher notifies the board in writing to the contrary on
or before the fifteenth day of June, and a written contract for the succeeding
school year shall be executed accordingly. Any teacher receiving a
written notice of the intention of a board not to reemploy such teacher
pursuant to this division is entitled to the hearing provisions of division (G)
of this section.
|
| (F) |
The failure of a superintendent to make a recommendation to the board under any
of the conditions set forth in divisions (B) to (E) of this section, or the
failure of the board to give such teacher a written notice pursuant to
divisions (C) to (E) of this section shall not prejudice or prevent a teacher
from being deemed reemployed under either a limited or continuing contract as
the case may be under the provisions of this section. A failure of the parties
to execute a written contract shall not void any automatic reemployment
provisions of this section. |
| (G) |
| (1) |
Any teacher receiving written notice of
the intention of a board of education not to reemploy such teacher pursuant to
division (B), (C)(3), (D), or (E) of this section may, within ten days of the
date of receipt of the notice, file with the treasurer of the board a written
demand for a written statement describing the circumstances that led to the
board's intention not to reemploy the teacher. |
| (2) |
The treasurer of a board, on behalf of the board, shall, within ten days of the
date of receipt of a written demand for a written statement pursuant to
division (G)(1) of this section, provide to the teacher a written statement
describing the circumstances that led to the board's intention not to reemploy
the teacher. |
| (3) |
Any teacher receiving a written statement
describing the circumstances that led to the board's intention not to reemploy
the teacher pursuant to division (G)(2) of this section may, within five days
of the date of receipt of the statement, file with the treasurer of the board a
written demand for a hearing before the board pursuant to divisions (G)(4) to
(6) of this section. |
| (4) |
The treasurer of a board, on behalf of the board,
shall, within ten days of the date of receipt of a written demand for a hearing
pursuant to division (G)(3) of this section, provide to the teacher a written
notice setting forth the time, date, and place of the hearing. The board shall
schedule and conclude the hearing within forty days of the date on which the
treasurer of the board receives a written demand for a hearing pursuant to
division (G)(3) of this section. |
| (5) |
Any hearing conducted pursuant to this division shall be conducted by a
majority of the members of the board. The hearing shall be held in executive
session of the board unless the board and the teacher agree to hold the hearing
in public. The superintendent, assistant superintendent, the teacher, and any
person designated by either party to take a record of the hearing may be
present at the hearing. The board may be represented by counsel and the teacher
may be represented by counsel or a designee. A record of the hearing may be
taken by either party at the expense of the party taking the record. |
| (6) |
Within ten days of the conclusion of a hearing conducted pursuant to this
division, the board shall issue to the teacher a written decision containing an
order affirming the intention of the board not to reemploy the teacher reported
in the notice given to the teacher pursuant to division (B), (C)(3), (D), or
(E) of this section or an order vacating the intention not to reemploy and
expunging any record of the intention, notice of the intention, and the hearing
conducted pursuant to this division. |
| (7) |
A
teacher may appeal an order affirming the intention of the board not to
reemploy the teacher to the court of common pleas of the county in which the
largest portion of the territory of the school district or service center is
located, within thirty days of the date on which the teacher receives the
written decision, on the grounds that the board has not complied with this
section or section
3319.111 of the Revised Code. Notwithstanding section
2506.04 of the Revised Code, the
court in an appeal under this division is limited to the determination of
procedural errors and to ordering the correction of procedural errors and shall
have no jurisdiction to order a board to reemploy a teacher, except that the
court may order a board to reemploy a teacher in compliance with the
requirements of division (B), (C)(3), (D), or (E) of this section when the
court determines that evaluation procedures have not been complied with
pursuant to section
3319.111 of the Revised Code or
the board has not given the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher pursuant to division (B),
(C)(3), (D), or (E) of this section. Otherwise, the determination whether to
reemploy or not reemploy a teacher is solely a board's determination and not a
proper subject of judicial review and, except as provided in this division, no
decision of a board whether to reemploy or not reemploy a teacher shall be
invalidated by the court on any basis, including that the decision was not
warranted by the results of any evaluation or was not warranted by any
statement given pursuant to division (G)(2) of this section. No appeal of an order of
a board may be made except as specified in this division.
|
|
| (H) |
| (1) |
In giving a
teacher any notice required by division (B), (C), (D), or (E) of this section,
the board or the superintendent shall do either of the following:
| (a) |
Deliver the notice by personal service upon the teacher; |
| (b) |
Deliver the notice by certified mail, return receipt requested, addressed to
the teacher at the teacher's place of employment and deliver a copy of the
notice by certified mail, return receipt requested, addressed to the teacher at
the teacher's place of residence. |
|
| (2) |
In
giving a board any notice required by division (B), (C), (D), or (E) of this
section, the teacher shall do either of the following:
| (a) |
Deliver the notice by personal delivery to the office of the superintendent
during regular business hours; |
| (b) |
Deliver the notice by certified mail, return receipt requested, addressed to
the office of the superintendent and deliver a copy of the notice by certified
mail, return receipt requested, addressed to the president of the board at the
president's place of residence. |
|
| (3) |
When any notice and copy of the notice are mailed pursuant to division
(H)(1)(b) or (2)(b) of this section, the notice or copy of the notice with the
earlier date of receipt shall constitute the notice for the purposes of
division (B), (C), (D), or (E) of this section. |
|
| (I) |
The provisions of this section shall not apply to any supplemental written
contracts entered into pursuant to section
3319.08 of the Revised
Code. |
| (J) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the dates set forth in this section as "on or before the first day of
June" or "on or before the fifteenth day of June" prevail over any conflicting
provisions of a collective bargaining agreement entered into on or after the
effective date of this amendment. |
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 06-09-2004
.
Notwithstanding section
3319.09 of
the Revised Code, this section applies to any person who is employed under a
teacher license issued under this chapter, or under a professional or permanent
teacher's certificate issued under former section
3319.222
of the Revised Code, and who spends at least fifty per cent of the time
employed providing student instruction. However, this section does not apply to
any person who is employed as a substitute teacher or as an instructor of adult
education.
| (A) |
Not later
than July 1, 2020, the board of education of each school district,
in consultation with teachers employed by the board, shall
update
its standards-based teacher evaluation policy to
conform with the framework for evaluation of teachers
adopted under section
3319.112
of the Revised Code. The policy shall become operative at the expiration of any
collective bargaining agreement covering teachers employed by the board that is
in effect on the effective date of this amendment, and shall
be included in any renewal or extension of such an agreement. |
| (B) |
When using measures of student performance as evidence in
a teacher's evaluation, those measures shall be high-quality student
data. The board of education of each school district may use data from the
assessments on the list developed under division (B)(2) of section
3319.112
of the Revised Code as high-quality student data. |
| (C) |
| (1) |
The
board shall conduct an evaluation of each teacher employed by the board at
least once each school year, except as provided in division (C)(2) of this
section. The evaluation shall be completed by the first day of May and the
teacher shall receive a written report of the results of the evaluation by the
tenth day of May. |
| (2) |
| (a) |
The
board may evaluate each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section once every three
school years, so long as the teacher submits a self-directed
professional growth plan to the evaluator that focuses on specific areas
identified in the observations and evaluation and the evaluator determines that
the teacher is making progress on that plan. |
| (b) |
The
board may evaluate each teacher who received a rating of skilled on the
teacher's most recent evaluation conducted under this section once every two
years, so long as the teacher and evaluator jointly develop a professional
growth plan for the teacher that focuses on specific areas identified in the
observations and evaluation and the evaluator determines that the teacher is
making progress on that plan. |
| (c) |
For
each teacher who is evaluated pursuant to division (C)(2) of this section, the
evaluation shall be completed by the first day of May of the applicable school
year, and the teacher shall receive a written report of the results of the
evaluation by the tenth day of May of that school year. |
| (d) |
The board may elect not to conduct
an evaluation of a teacher who meets one of the following requirements:
| (i) |
The
teacher was on leave from the school district for fifty per cent or more of the
school year, as calculated by the board. |
| (ii) |
The teacher has submitted notice of retirement and that notice has been
accepted by the board not later than the first day of December of the school
year in which the evaluation is otherwise scheduled to be conducted. |
|
| (e) |
The board may elect not to conduct
an evaluation of a teacher who is participating in the teacher residency
program established under section
3319.223
of the Revised Code for the year during which that teacher takes, for the first
time, at least half of the performance-based assessment prescribed by the state
board of education for resident educators. |
|
| (3) |
In
any year that a teacher is not formally evaluated pursuant to division (C) of
this section as a result of receiving a rating of accomplished or skilled on
the teacher's most recent evaluation, an individual qualified to evaluate a
teacher under division (D) of this section shall conduct at least one
observation of the teacher and hold at least one conference with the teacher.
The conference shall include a discussion of progress
on the teacher's professional growth plan. |
|
| (D) |
Each evaluation conducted pursuant to this section shall be conducted by one or
more of the following persons who hold a credential established by the
department of education for being an evaluator:
| (1) |
A
person who is under contract with the board pursuant to section
3319.01
or
3319.02
of the Revised Code and holds a license designated for being a superintendent,
assistant superintendent, or principal issued under section
3319.22
of the Revised Code; |
| (2) |
A person who
is under contract with the board pursuant to section
3319.02
of the Revised Code and holds a license designated for being a vocational
director, administrative specialist, or supervisor in any educational area
issued under section
3319.22
of the Revised Code; |
| (3) |
A person
designated to conduct evaluations under an agreement entered into by the board,
including an agreement providing for peer review entered into by the board and
representatives of teachers employed by the board; |
| (4) |
A
person who is employed by an entity contracted by the board to conduct
evaluations and who holds a license designated for being a superintendent,
assistant superintendent, principal, vocational director, administrative
specialist, or supervisor in any educational area issued under section
3319.22
of the Revised Code or is qualified to conduct evaluations. |
|
| (E) |
Notwithstanding division (A)(3) of section
3319.112
of the Revised Code , the board
shall require at least three formal observations of each teacher who is under
consideration for nonrenewal and with whom the board has entered into a limited
contract or an extended limited contract under section
3319.11
of the Revised Code.
|
| (F) |
The
board shall include in its evaluation policy procedures for using the
evaluation results for retention and promotion decisions and for removal of
poorly performing teachers. Seniority shall not be the basis for a decision to
retain a teacher, except when making a decision between teachers who have
comparable evaluations. |
| (G) |
For
purposes of section
3333.0411
of the Revised Code, the board annually shall report to the department of
education the number of teachers for whom an evaluation was conducted under
this section and the number of teachers assigned each rating prescribed under
division (B)(1) of section
3319.112
of the Revised Code, aggregated by the teacher preparation programs from which
and the years in which the teachers graduated. The department shall establish
guidelines for reporting the information required by this division. The
guidelines shall not permit or require that the name of, or any other
personally identifiable information about, any teacher be reported under this
division. |
| (H) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the requirements of this section prevail over any conflicting provisions
of a collective bargaining agreement entered into on or after
the effective date of this amendment. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017 (Vetoed).
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
130th General Assembly File No. TBD, HB 362, §1,
eff. 9/11/2014.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 06-09-2004
.
| (A) |
The state board of education shall
revise
the standards-based state framework for the evaluation of teachers
based on the recommendations of the educator standards
board established under section
3319.60
of the Revised Code. The state board shall hold at least one public hearing on
the revised framework and shall make the full text of the revised framework
available at each hearing it holds on the revised framework. Not later than May
1, 2020, the state board shall adopt the revised framework. The state
board may update the framework periodically by adoption of a resolution. The
framework shall establish an evaluation system that does the following:
| (1) |
Provides for multiple evaluation factors ;
|
| (2) |
Is
aligned with the standards for teachers adopted under section
3319.61 of the
Revised Code; |
| (3) |
Requires
observation of the teacher being evaluated, including at least two formal
observations by the evaluator of at least thirty minutes each and classroom
walk-throughs; |
| (4) |
Assigns a rating on each evaluation in accordance with division (B) of this
section ; |
| (5) |
Requires each teacher to be provided with a written report of the results of
the teacher's evaluation; |
| (6) |
Uses at least two
measures of high-quality student data to provide evidence of student learning
attributable to the teacher being evaluated. The state board shall define
"high-quality student data" for this purpose. When applicable to the grade
level or subject area taught by a teacher, high-quality student data shall
include the value-added progress dimension established under section
3302.021
of the Revised Code, but the teacher or evaluator shall use at least one other
measure of high-quality student data to demonstrate student learning. In
accordance with the guidance described in division (D)(3) of this section,
high-quality student data may be used as evidence in any component of the
evaluation related to the following:
| (a) |
Knowledge of the students to whom the teacher provides
instruction; |
| (b) |
The teacher's use of differentiated instructional
practices based on the needs or abilities of individual
students; |
| (c) |
Assessment of student learning; |
| (d) |
The teacher's use of assessment data; |
| (e) |
Professional responsibility and
growth. |
|
| (7) |
Prohibits the shared attribution of student
performance data among all teachers in a district, building, grade, content
area, or other group; |
| (8) |
Includes development of a professional growth plan or
improvement plan for the teacher that is based on the results of the evaluation
and is aligned to any school district or building improvement plan required for
the teacher's district or building under the "Elementary and Secondary
Education Act of 1965," as amended by the "Every Student Succeeds Act of 2015,
" Pub. L. No. 114-95,
20 U.S.C. 6301 et seq.; |
| (9) |
Provides for professional development to accelerate and continue teacher growth
and provide support to poorly performing teachers; |
| (10) |
Provides for
the allocation of financial resources to support professional development; |
| (11) |
Prohibits the use of student learning
objectives. |
|
| (B) |
For
purposes of the framework adopted under this section, the state board also
shall do the following:
| (1) |
Revise,
as necessary, specific standards and criteria that distinguish between
the following levels of performance for teachers and principals for the purpose
of assigning ratings on the evaluations conducted under sections
3311.80,
3311.84,
3319.02,
and
3319.111
of the Revised Code:
|
| (2) |
Develop a list of
student assessments that measure mastery of the course content for the
appropriate grade level, which may include nationally normed standardized
assessments, industry certification examinations, or end-of-course
examinations. The data from these assessments may be
considered high-quality student data. |
|
| (C) |
The
state board shall consult with experts, teachers and principals employed in
public schools, the educator standards board, and
representatives of stakeholder groups in revising
the standards and criteria required by division (B)(1) of this
section. |
| (D) |
To assist
school districts in developing evaluation policies under sections
3311.80,
3311.84,
3319.02,
and
3319.111
of the Revised Code, the department shall do all of the
following:
| (1) |
Serve as a
clearinghouse of promising evaluation procedures and evaluation models that
districts may use; |
| (2) |
Provide
technical assistance to districts in creating evaluation policies; |
| (3) |
Provide guidance to districts on how high-quality
student data may be used as evidence of student learning attributable to a
particular teacher, including examples of appropriate use of that data within
the framework adopted under this section; |
| (4) |
Provide guidance to districts on how information from
student surveys, student portfolios, peer review evaluations, teacher
self-evaluations, and other components determined appropriate by the district
may be used as part of the evaluation process. |
|
| (E) |
Not
later than July 1, 2020, the state board, in consultation
with state agencies that employ teachers, shall update
its standards-based framework for the evaluation of teachers employed by
those agencies. Each state agency that employs teachers shall adopt a
standards-based teacher evaluation policy to conform with the framework
. The policy
shall become operative at the expiration of any collective bargaining agreement
covering teachers employed by the agency that is in effect on
the effective date of this amendment, and shall
be included in any renewal or extension of such an agreement. However, this
division does not apply to any person who is employed as a substitute teacher
or as an instructor of adult education. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
130th General Assembly File No. TBD, HB 362, §1,
eff. 9/11/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
| (A) |
Not later than May 31, 2016, the state board of
education shall develop a standards-based state framework for the evaluation of
school counselors. The state board may update the framework periodically by
adoption of a resolution. The framework shall establish an evaluation system
that does the following:
| (1) |
Requires
school counselors to demonstrate their ability to produce positive student
outcomes using metrics, including those from the school or school district's
report card issued under section
3302.03 of the Revised Code when
appropriate; |
| (2) |
Is aligned
with the standards for school counselors adopted under section
3319.61 of the Revised Code and
requires school counselors to demonstrate their ability in all the areas
identified by those standards; |
| (3) |
Requires that all school counselors be evaluated annually, except as otherwise
appropriate for high-performing school counselors or as
specified in division (D) of this section; |
| (4) |
Assigns a rating on each evaluation in accordance with division (B) of this
section; |
| (5) |
Designates
the personnel that may conduct evaluations of school counselors in accordance
with this framework; |
| (6) |
Requires
that each school counselor be provided with a written report of the results of
that school counselor's evaluation; |
| (7) |
Provides for professional development to accelerate and continue school
counselor growth and provide support to poorly performing school
counselors. |
|
| (B) |
| (1) |
The state board shall develop specific standards
and criteria that distinguish between the following levels of performance for
school counselors for the purposes of assigning ratings on the evaluations
conducted under this section:
|
| (2) |
The state
board shall consult with experts, school counselors and principals employed in
public schools, and representatives of stakeholder groups in developing the
standards and criteria required by division (B)(1) of this section. |
|
| (C) |
| (1) |
Not later than September 30, 2016, each school
district board of education shall adopt a standards-based school counselor
evaluation policy that conforms with the framework for the evaluation of school
counselors developed under this section. The policy shall become operative at
the expiration of any collective bargaining agreement covering school
counselors employed by the board that is in effect on
September 29, 2015, and shall be included in any
renewal or extension of such an agreement. |
| (2) |
A
district board shall include both of the following in its evaluation policy:
| (a) |
The
implementation of the framework for the evaluation of school counselors
developed under this section beginning in the 2016-2017 school year; |
| (b) |
Procedures for using the evaluation results, beginning in the 2017-2018 school
year, for both of the following:
| (i) |
Decisions
regarding retention and promotion of school counselors; |
| (ii) |
Removal of poorly performing school counselors. |
|
|
|
| (D) |
Beginning with the
2017-2018 school year, a district board may elect not to conduct an evaluation
of a school counselor who meets one of the following requirements:
| (1) |
The school counselor was on leave from the school
district for fifty per cent or more of the school year, as calculated by the
board. |
| (2) |
The school counselor has
submitted notice of retirement and that notice has been accepted by the board
not later than the first day of December of the school year in which the
evaluation is otherwise scheduled to be conducted. |
|
| (E) |
Each district board shall annually submit a report to the department of
education, in a form and manner prescribed by the department, regarding its
implementation of division (C) of this section. At no time shall the department
permit or require that the name or personally identifiable information of any
school counselor be reported to the department under this division. |
| (F) |
Notwithstanding
any provision to the contrary in Chapter 4117. of the Revised Code, the
requirements of this section prevail over any conflicting provision of a
collective bargaining agreement entered into on or after
September 29, 2015. |
Amended by
131st General Assembly File No. TBD, HB 438, §1,
eff. 4/6/2017.
Added by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Each board of education
shall cause notice to be given annually not later than the first day of July to
each teacher who holds a contract valid for the succeeding school year, as to
the salary to be paid such teacher during such year. Such salary shall not be
lower than the salary paid during the preceding school year unless such
reduction is a part of a uniform plan affecting the entire district. This
section does not prevent increases of salary after the board's annual notice
has been given.
Except by mutual
agreement of the parties thereto a teacher employed under a contract of
employment in an administrative or
supervisory position in a school district, or in any position provided for by
section 3319.01 or
3319.02 of the Revised Code, shall
not be transferred during the life of the teacher's
contract to a position of lesser responsibility. No contract or supplemental
contract for the employment of a teacher, whether for an administrative or
supervisory position, a position provided for by sections
3319.01 and
3319.02 of the Revised Code,
regular teaching duties, or additional duties, may be terminated or suspended
by a board of education except pursuant to section 3311.82, 3319.02, or 3319.16 of the Revised Code, and the salaries and
compensations prescribed by such contracts shall not be reduced by a board of
education unless such reduction is a part of a uniform plan affecting the
entire district. This section shall apply only to contracts entered into after
August 18, 1969.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 03-22-1973
.
Upon the written request
of a teacher or a regular nonteaching school employee, a board of education may
grant a leave of absence for a period of not more than two consecutive school
years for educational, professional, or other purposes, and shall grant such
leave where illness or other disability is the reason for the request. Upon
subsequent request, such leave may be renewed by the board. Without request, a
board may grant similar leave of absence and renewals thereof to any teacher or
regular nonteaching school employee because of physical or mental disability,
but such teacher may have a hearing on such unrequested leave of absence or its
renewals in accordance with section 3311.82 or 3319.16 of the
Revised Code, and such nonteaching school employee may have a hearing on such
unrequested leave of absence or its renewals in accordance with division (C) of
section 3319.081 of the Revised Code. Upon
the return to service of a teacher or a nonteaching school employee at the
expiration of a leave of absence, the teacher or nonteaching school employee
shall resume the contract status that the teacher or nonteaching school
employee held prior to the leave of absence. Any teacher who leaves a teaching
position for service in the uniformed services and who returns from service in
the uniformed services that is terminated in a manner other than as described
in section 4304 of Title 38 of the United States Code, "Uniformed Services
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,
38 U.S.C.A. 4304, shall resume the contract status held
prior to entering the uniformed services, subject to passing a physical
examination by an individual authorized by the Revised Code to conduct physical
examinations, including a physician assistant, a clinical nurse specialist, a
certified nurse practitioner, or a certified nurse-midwife. Any written
documentation of the physical examination shall be completed by the individual
who conducted the examination. Such contract status shall be resumed at the
first of the school semester or the beginning of the school year following
return from the uniformed services. For purposes of this section and section
3319.14 of the Revised Code,
"uniformed services" and "service in the uniformed services" have the same
meanings as defined in section
5923.05 of the Revised
Code.
Upon the return of a
nonteaching school employee from a leave of absence, the board may terminate
the employment of a person hired exclusively for the purpose of replacing the
returning employee while the returning employee was on leave. If, after the
return of a nonteaching employee from leave, the person employed exclusively
for the purpose of replacing an employee while the employee was on leave is
continued in employment as a regular nonteaching school employee or if the
person is hired by the board as a regular nonteaching school employee within a
year after employment as a replacement is terminated, the person shall, for
purposes of section
3319.081 of the Revised Code,
receive credit for the person's length of service with the school district
during such replacement period in the following manner:
| (A) |
If
employed as a replacement for less than twelve months, the person shall be
employed under a contract valid for a period equal to twelve months less the
number of months employed as a replacement. At the end of such contract period,
if the person is reemployed it shall be under a two-year contract. Subsequent
reemployment shall be pursuant to division (B) of section
3319.081 of the Revised
Code. |
| (B) |
If employed as a replacement for twelve months or
more but less than twenty-four months, the person shall be employed under a
contract valid for a period equal to twenty-four months less the number of
months employed as a replacement. Subsequent reemployment shall be pursuant to
division (B) of section
3319.081 of the Revised
Code. |
| (C) |
If employed as a replacement for more than
twenty-four months, the person shall be employed pursuant to division (B) of
section 3319.081 of the Revised Code. For purposes of this
section, employment during any part of a month shall count as employment during
the entire month.
|
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date:
03-31-2003; 2008 SB289 08-22-2008
Repealed by
132nd General Assembly File No. TBD, SB 216, §2,
eff. 11/2/2018.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Added by
130th General Assembly File No. TBD, HB 362, §1,
eff. 9/11/2014.
A public school teacher who has completed five years of service
may, with the permission of the board of education and the superintendent of
schools, be entitled to take a leave of absence with part pay, for one or two
semesters subject to the following restrictions: The teacher shall present to
the superintendent for approval, a plan for professional growth prior to such a
grant of permission, and at the conclusion of the leave provide evidence that
the plan was followed. The teacher may be required to return to the district at
the end of the leave for a period of at least one year, unless the teacher has
completed twenty-five years of teaching in this state. The board of education
may not grant such a leave unless there is available a satisfactory substitute,
nor grant such leaves to more than five per cent of the professional staff at
any one time, nor allow a part salary in excess of the difference between the
substitute's pay and the teacher's expected salary, nor grant a leave longer
than one school year, nor grant a leave to any teacher more often than once for
each five years of service, nor grant a leave a second time to the same
individual when other members of the staff have filed a request for such a
leave.
Effective Date:
09-06-1957.
Any teacher who has
left, or leaves, a teaching position, by resignation or otherwise, and within
forty school days thereafter entered, or enters, the uniformed services and
whose service is terminated in a manner other than as described in section 4304
of Title 38 of the United States Code, "Uniformed Services Employment and
Reemployment Rights Act of 1994," 108 Stat. 3149,
38 U.S.C.A. 4304, shall be reemployed by the board of
education of the district in which the teacher held such teaching position,
under the same type of contract as that which the teacher last held in such
district, if the teacher applies to the board of education for reemployment in
accordance with the "Uniformed Services Employment and Reemployment Rights Act
of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such application, the
teacher shall be reemployed at the first of the next school semester, if the
application is made not less than thirty days prior to the first of the next
school semester, in which case the teacher shall be reemployed the first of the
following school semester, unless the board of education waives the requirement
for the thirty-day period.
For the purposes of
seniority and placement on the salary schedule, years of absence performing
service in the uniformed services shall be counted as though teaching service
had been performed during such time.
The board of education of
the district in which such teacher was employed and is reemployed under this
section may suspend the contract of the teacher whose services become
unnecessary by reason of the return of a teacher from service in the uniformed
services in accordance with section 3311.83, 3319.17, or 3319.171 of the Revised Code.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 06-30-2000
.
Each person who is
employed by any board of education in this state, except for substitutes, adult
education instructors who are scheduled to work the full-time equivalent of
less than one hundred twenty days per school year, or persons who are employed
on an as-needed, seasonal, or intermittent basis, shall be entitled to fifteen
days sick leave with pay, for each year under contract, which shall be credited
at the rate of one and one-fourth days per month. Teachers and regular
nonteaching school employees, upon approval of the responsible administrative
officer of the school district, may use sick leave for absence due to personal
illness, pregnancy, injury, exposure to contagious disease which could be
communicated to others, and for absence due to illness, injury, or death in the
employee's immediate family. Unused sick leave shall be cumulative up to one
hundred twenty work days, unless more than one hundred twenty days are approved
by the employing board of education. The previously accumulated sick leave of a
person who has been separated from public service, whether accumulated pursuant
to section 124.38 of the Revised Code or
pursuant to this section, shall be placed to the person's credit upon
re-employment in the public service, provided that such re-employment takes
place within ten years of the date of the last termination from public service.
A teacher or nonteaching school employee who transfers from one public agency
to another shall be credited with the unused balance of the teacher's or
nonteaching employee's accumulated sick leave up to the maximum of the sick
leave accumulation permitted in the public agency to which the employee
transfers. Teachers and nonteaching school employees who render regular
part-time, per diem, or hourly service shall be entitled to sick leave for the
time actually worked at the same rate as that granted like full-time employees,
calculated in the same manner as the ratio of sick leave granted to hours of
service established by section
124.38 of the Revised Code. Each
board of education may establish regulations for the entitlement, crediting and
use of sick leave by those substitute teachers employed by such board pursuant
to section
3319.10 of the Revised Code who
are not otherwise entitled to sick leave pursuant to such section. A board of
education shall require a teacher or nonteaching school employee to furnish a
written, signed statement on forms prescribed by such board to justify the use
of sick leave. If medical attention is required, the employee's statement shall
list the name and address of the attending physician and the dates when the
physician was consulted. Nothing in this section shall be construed to waive
the physician-patient privilege provided by section
2317.02 of the Revised Code.
Falsification of a statement is grounds for suspension or termination of
employment under sections 3311.82, 3319.081, and 3319.16 of the Revised Code. No sick leave shall
be granted or credited to a teacher after the teacher's retirement or
termination of employment.
Except to the extent used
as sick leave, leave granted under regulations adopted by a board of education
pursuant to section 3311.77 or 3319.08 of the
Revised Code shall not be charged against sick leave earned or earnable under
this section. Nothing in this section shall be construed to affect in any other
way the granting of leave pursuant to section 3311.77 or 3319.08 of the
Revised Code and any granting of sick leave pursuant to such section shall be
charged against sick leave accumulated pursuant to this section.
This section shall not be
construed to interfere with any unused sick leave credit in any agency of
government where attendance records are maintained and credit has been given
for unused sick leave. Unused sick leave accumulated by teachers and
nonteaching school employees under section
124.38 of the Revised Code shall
continue to be credited toward the maximum accumulation permitted in accordance
with this section. Each newly hired regular nonteaching and each regular
nonteaching employee of any board of education who has exhausted the employee's
accumulated sick leave shall be entitled to an advancement of not less than
five days of sick leave each year, as authorized by rules which each board
shall adopt, to be charged against the sick leave the employee subsequently
accumulates under this section.
This section shall be
uniformly administered.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 06-23-1976
.
Each board of education shall adopt rules entitling regular
nonteaching employees, during each school year, to a minimum of three days of
personal leave at the employee's regular compensation. The rules shall govern
the use and administration of personal leave, but they need not specify each
occasion or purpose for which personal leave may be taken. Personal leave shall
be administered by the superintendent or an administrative employee designated
by him. Personal leave days shall not be charged against sick leave earned
under section
3319.141 of the Revised Code. If a
board of education fails to adopt rules as required by this section, each
regular nonteaching employee of the board is entitled to three days of
unrestricted personal leave during the school year.
Effective Date:
06-23-1976.
Notwithstanding section
3319.141 of the Revised Code, the
board of education of a city, exempted village, local or joint vocational
school district may adopt a policy of assault leave by which an employee who is
absent due to physical disability resulting from an assault which occurs in the
course of board employment will be maintained on full pay status during the
period of such absence. A board of education electing to effect such a policy
of assault leave shall establish rules for the entitlement, crediting, and use
of assault leave and file a copy of same with the state board of education. A
board of education adopting this policy shall require an employee to furnish a
signed statement on forms prescribed by such board to justify the use of
assault leave. If medical attention is required, a certificate from a licensed
physician stating the nature of the disability and its duration shall be
required before assault leave can be approved for payment. Falsification of
either a signed statement or a physician's certificate is ground for suspension
or termination of employment under section 3311.82 or 3319.16 of the
Revised Code.
Assault leave granted
under rules adopted by a board of education pursuant to this section shall not
be charged against sick leave earned or earnable under section
3319.141 of the Revised Code or
leave granted under rules adopted by a board of education pursuant to section
3311.77 or
3319.08 of the Revised Code. This section shall be uniformly administered in
those districts where such policy is adopted.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 09-30-1976
.
No teacher shall terminate the teacher's contract after the
tenth day of July of any school year or during the school year, prior to the
termination of the annual session, without the consent of the board of
education; and such teacher may terminate the teacher's contract at any other
time by giving five days' written notice to the employing board. Upon complaint
by the employing board to the state board of education and after investigation
by it, the license of a teacher terminating the teacher's contract in any other
manner than provided in this section may be suspended for not more than one
year.
Effective Date:
10-29-1996.
| (A) |
No person shall reveal to any student any specific
question that the person knows is part of an assessment to be administered
under section
3301.0711 of the Revised Code or
in any other way assist a pupil to cheat on such an assessment. |
| (B) |
On
a finding by the state board of education, after investigation, that a school
employee who holds a license issued under sections
3319.22 to
3319.31 of the Revised Code has
violated division (A) of this section, the license of such teacher shall be
suspended for one year. Prior to commencing an investigation, the board shall
give the teacher notice of the allegation and an opportunity to respond and
present a defense. |
| (C) |
| (1) |
Violation
of division (A) of this section is grounds for termination of employment of a
nonteaching employee under division (C) of section
3319.081 or section
124.34 of the Revised
Code. |
| (2) |
Violation of division (A) of this section is
grounds for termination of a teacher contract under section
3311.82 or
3319.16 of the Revised Code. |
|
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 10-29-1996
.
The contract of any
teacher employed by the board of education of any city, exempted village,
local, county, or joint vocational school district may not be terminated except
for
good and just cause.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the provisions of this section relating to the
grounds for termination of the contract of a teacher prevail over any
conflicting provisions of a collective bargaining agreement entered into after
the effective date of this amendment.
Before terminating any contract, the employing
board shall furnish the teacher a written notice signed by its treasurer of its
intention to consider the termination of the teacher's
contract with full specification of the grounds for such consideration. The
board shall not proceed with formal action to terminate the contract until
after the tenth day after receipt of the notice by the teacher. Within ten days
after receipt of the notice from the treasurer of the board, the teacher may
file with the treasurer a written demand for a hearing before the board or
before a referee, and the board shall set a time for the hearing which shall be
within thirty days from the date of receipt of the written demand, and the
treasurer shall give the teacher at least twenty days' notice in writing of the
time and place of the hearing. If a referee is demanded by either the teacher
or board, the treasurer also shall give twenty days' notice to the
superintendent of public instruction. No hearing shall be held during the
summer vacation without the teacher's consent. The hearing shall be private
unless the teacher requests a public hearing. The hearing shall be conducted by
a referee appointed pursuant to section
3319.161 of the Revised Code, if
demanded; otherwise, it shall be conducted by a majority of the members of the
board and shall be confined to the grounds given for the termination. The board
shall provide for a complete stenographic record of the proceedings, a copy of
the record to be furnished to the teacher. The board may suspend a teacher
pending final action to terminate the teacher's contract if, in its judgment, the
character of the charges warrants such action.
Both parties may be
present at such hearing, be represented by counsel, require witnesses to be
under oath, cross-examine witnesses, take a record of the proceedings, and
require the presence of witnesses in their behalf upon subpoena to be issued by
the treasurer of the board. In case of the failure of any person to comply with
a subpoena, a judge of the court of common pleas of the county in which the
person resides, upon application of any interested party, shall compel
attendance of the person by attachment proceedings as for contempt. Any member
of the board or the referee may administer oaths to witnesses. After a hearing
by a referee, the referee shall file a report within
ten days after the termination of the hearing. After consideration of the
referee's report, the board, by a majority vote, may accept or reject the
referee's recommendation on the termination of the teacher's contract. After a
hearing by the board, the board, by majority vote, may enter its determination
upon its minutes. Any order of termination of a contract shall state the
grounds for termination. If the decision, after hearing, is against termination
of the contract, the charges and the record of the hearing shall be physically
expunged from the minutes, and, if the teacher has suffered any loss of salary
by reason of being suspended, the teacher shall be paid the teacher's full
salary for the period of such suspension.
Any teacher affected
by an order of termination of contract may appeal to the court of common pleas
of the county in which the school is located within thirty days after receipt
of notice of the entry of such order. The appeal shall be an original action in
the court and shall be commenced by the filing of a complaint against the
board, in which complaint the facts shall be alleged upon which the teacher
relies for a reversal or modification of such order of termination of contract.
Upon service or waiver of summons in that appeal, the board immediately shall
transmit to the clerk of the court for filing a transcript of the original
papers filed with the board, a certified copy of the minutes of the board into
which the termination finding was entered, and a certified transcript of all
evidence adduced at the hearing or hearings before the board or a certified
transcript of all evidence adduced at the hearing or hearings before the
referee, whereupon the cause shall be at issue without further pleading and
shall be advanced and heard without delay. The court shall examine the
transcript and record of the hearing and shall hold such additional hearings as
it considers advisable, at which it may consider other evidence in addition to
the transcript and record.
Upon final hearing,
the court shall grant or deny the relief prayed for in the complaint as may be
proper in accordance with the evidence adduced in the hearing. Such an action
is a special proceeding, and either the teacher or the board may appeal from
the decision of the court of common pleas pursuant to the Rules of Appellate
Procedure and, to the extent not in conflict with those rules, Chapter 2505. of
the Revised Code.
In any court action,
the board may utilize the services of the prosecuting attorney, village
solicitor, city director of law, or other chief legal officer of a municipal
corporation as authorized by section
3313.35 of the Revised Code, or
may employ other legal counsel.
A violation of
division (A)(7) of section
2907.03 of the Revised Code is
grounds for termination of a teacher contract under this section.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 07-19-1994
.
For the purpose of
providing referees for the hearings required by section
3319.16 of the Revised Code, the
superintendent of public instruction shall compile a list of resident electors
from names that the superintendent shall solicit annually from the
state bar association.
Upon receipt of
notice that a referee has been demanded by a teacher or by a board of
education, the superintendent of public instruction shall immediately designate
three persons from such list, from whom the referee to hear the matter shall be
chosen, and the
superintendent shall immediately notify the designees, the teacher, and
the board of the school district involved. If within five days of receipt of
the notice, the teacher and board are unable to select a mutually agreeable
designee to serve as referee, the superintendent of public instruction shall
appoint one of the three designees to serve as referee. The appointment of the
referee shall be entered in the minutes of the board. The referee appointed
shall be paid the referee's usual and customary fee for attending
the hearing which shall be paid from the school district general fund upon
vouchers approved by the superintendent of public instruction and presented to
the treasurer of the district. No referee shall be a member of, an employee of,
or teacher employed by the board of education nor related to any such person by
consanguinity or marriage.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 05-16-1979
.
| (A) |
As used
in this section, "interdistrict contract" means any contract or agreement
entered into by an educational service center governing board and another board
or other public entity pursuant to section 3313.17, 3313.841, 3313.842,
3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the Revised Code,
including any such contract or agreement for the provision of services funded
under division (E) of section 3317.024 of the Revised Code
. |
| (B) |
When, for any of the following reasons that apply to any city, exempted
village, local, or joint vocational school district or any educational service
center, the board decides that it will be necessary to reduce the number of
teachers it employs, it may make a reasonable reduction:
| (1) |
In the case of any district or service center, return to duty of regular
teachers after leaves of absence including suspension of schools, territorial
changes affecting the district or center, or financial reasons; |
| (2) |
In the case of any city, exempted village, local, or joint vocational school
district, decreased enrollment of pupils in the district; |
| (3) |
In the case of any governing board of a service center providing any particular
service directly to pupils pursuant to one or more interdistrict contracts
requiring such service, reduction in the total number of pupils the governing
board is required to provide with the service under all interdistrict contracts
as a result of the termination or nonrenewal of one or more of these
interdistrict contracts; |
| (4) |
In the case of any governing board providing any particular service that it
does not provide directly to pupils pursuant to one or more interdistrict
contracts requiring such service, reduction in the total level of the service
the governing board is required to provide under all interdistrict contracts as
a result of the termination or nonrenewal of one or more of these interdistrict
contracts. |
|
| (C) |
In making any such reduction, any city, exempted village, local, or joint
vocational school board shall proceed to suspend contracts in accordance with
the recommendation of the superintendent of schools who shall, within each
teaching field affected, give preference to teachers on continuing contracts.
The board shall not give preference to any teacher based on seniority, except
when making a decision between teachers who have comparable evaluations. On a case-by-case
basis, in lieu of suspending a contract in whole, a board may suspend a
contract in part, so that an individual is required to work a percentage of the
time the employee otherwise is required to work under the contract and receives
a commensurate percentage of the full compensation the employee otherwise would
receive under the contract. The teachers whose
continuing contracts are suspended by any board pursuant to this section shall
have the right of restoration to continuing service status by that board if and
when teaching positions become vacant or are created for which any of such
teachers are or become qualified. No teacher whose continuing contract has been
suspended pursuant to this section shall lose that right of restoration to
continuing service status by reason of having declined recall to a position
that is less than full-time or, if the teacher was not employed full-time just
prior to suspension of the teacher's continuing contract, to a position
requiring a lesser percentage of full-time employment than the position the
teacher last held while employed in the district or service center. Seniority
shall not be the basis for rehiring a teacher, except when making a decision
between teachers who have comparable evaluations.
|
| (D) |
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code:
| (1) |
The
requirements of this section, as it existed prior to September 29, 2011, prevail over any conflicting
provisions of agreements between employee organizations and public employers
entered into between September 29, 2005, and September 29,
2011; |
| (2) |
The
requirements of this section, as it exists on and after
September 29, 2011, prevail over any conflicting
provisions of agreements between employee organizations and public employers
entered into on or after September 29,
2011. |
|
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01.
See act for effective dates.
Effective Date:
07-01-1998; 09-29-2005; 06-30-2006; 09-28-2006.
| (A) |
Notwithstanding section
3319.17 of the Revised Code, the
board of education of a city, local, exempted village, or joint vocational
school district or the governing board of an educational service center may
adopt an administrative personnel suspension policy governing the suspension of
any contract of employment entered into by a board under section
3319.02 of the Revised Code. If a
board adopts a policy under this section, no contract entered into by a board
under section
3319.02 of the Revised Code may be
suspended except pursuant to the policy. If a board does not adopt such a
policy, no such contract may be suspended by a board except pursuant to section
3319.17 of the Revised Code.
|
| (B) |
The administrative personnel
suspension policy shall include, but not be limited to, all of the following:
| (1) |
One or more reasons that a board may
consider for suspending any contract of employment entered into under section
3319.02 of the Revised Code. A
reason for such suspension may include the financial conditions of the school
district or educational service center. |
| (2) |
Procedures for determining the order of
suspension of contracts within the employment service areas affected;
|
| (3) |
Provisions requiring a right of
restoration for employees whose contracts of employment are suspended under the
policy if and when any positions become vacant or are created for which any of
them are or become qualified. |
|
| (C) |
The policy procedures and provisions adopted under
divisions (B)(2) and (3) of this section shall be developed by the board of a
district or service center with input from the superintendent and all assistant
superintendents, principals, assistant principals, and other administrators
employed by that board under section
3319.02 of the Revised Code.
|
Effective Date:
06-30-2000.
The board of education of each school district wherein the
provisions of Chapter 124. of the Revised Code do not apply and the governing
board of each educational service center may adopt a resolution ordering
reasonable reductions in the number of nonteaching employees for any of the
reasons for which the board of education or governing board may make reductions
in teaching employees, as set forth in division (B) of section
3319.17 of the Revised Code. In
making any reduction under this section, the board of education or governing
board shall proceed to suspend contracts in accordance with the recommendation
of the superintendent of the district or service center who shall, within each
pay classification affected, give preference first to employees under
continuing contracts and then to employees on the basis of seniority. On a
case-by-case basis, in lieu of suspending a contract in whole, a board may
suspend a contract in part, so that an individual is required to work a
percentage of the time the employee otherwise is required to work under the
contract and receives a commensurate percentage of the full compensation the
employee otherwise would receive under the contract. Any nonteaching employee
whose continuing contract is suspended under this section shall have the right
of restoration to continuing service status by the board of education or
governing board that suspended that contract in order of seniority of service
in the district or service center, if and when a nonteaching position for which
the employee is qualified becomes vacant or is created. No nonteaching employee
whose continuing contract has been suspended under this section shall lose that
right of restoration to continuing service status by reason of having declined
recall to a position requiring fewer regularly scheduled hours of work than
required by the position the employee last held while employed in the district
or service center. Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section prevail over any
conflicting provisions of agreements between employee organizations and public
employers entered into after the effective date of this section.
Effective Date:
09-29-2005.
If an entire school
district or that part of a school district which comprises the territory in
which a school is situated is transferred to any other district, or if a new
school district is created, the teachers in such districts or schools employed
on continuing contracts immediately prior to such transfer, or creation shall,
subject to section 3311.83, 3319.17, or 3319.171 of the Revised Code, have continuing
service status in the newly created district, or in the district to which the
territory is transferred.
The limited contracts of
the teachers employed in such districts or schools immediately prior to such
transfer, or creation, shall become the legal obligations of the board of
education in the newly created district, or in the district to which the
territory is transferred, subject to section 3311.83, 3319.17, or 3319.171 of the Revised Code. The teaching
experience of such teachers in such prior districts or schools shall be
included in the three years of service required under section
3319.11 of the Revised Code for a
teacher to become eligible for continuing service status.
Teachers employed on
limited or continuing contracts in an entire school district or that part of a
school district which comprises the territory in which a school is situated
which is transferred to any other district or which is merged with other school
territory to create a new school district, shall be placed, on the effective
date of such transfer or merger, on the salary schedule of the district to
which the territory is transferred or the newly created district, according to
their training and experience. Such experience shall be the total sum of the
years taught in the district whose territory was transferred or merged to
create a new district, plus the total number of years of teaching experience
recognized by such previous district upon its first employment of such
teachers.
The placement of the
teachers on the salary schedule, pursuant to this section, shall not result,
however, in the salary of any teacher being less than the teacher's current
annual salary for regular duties, in existence immediately prior to the merger
or transfer.
When suspending contracts
in accordance with an administrative personnel suspension policy adopted under
section 3319.171 of the Revised Code, a
board may consider years of teaching service in the previous district in its
decision if it is a part of the suspension policy.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 06-30-2000
.
If an entire school district or that part of a school district
which comprises the territory in which a school is situated is transferred to
any other district, or if a new school district is created, the nonteaching
school employees in such district or school immediately prior to such transfer
or creation shall have civil service status in the newly created district, or
in the district to which the territory is transferred, if the new district is a
city school board, or shall be employed pursuant to section
3319.081 of the Revised Code in
the newly created district, or in the district to which the territory is
transferred, if the district is one to which Chapter 124. of the Revised Code
does not apply. The tenure or seniority of each nonteaching school employee in
the newly created district, or in the district to which the territory is
transferred, shall be from the date of last employment in the district from
which the territory is transferred.
Effective Date:
08-26-1977.
Repealed by
129th General AssemblyFile No.128, SB 316,
§105.01, eff.
9/24/2012.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Effective Date: 09-26-2003
.
| (A) |
Whenever
an employee of a board of education, other than an employee who is a license
holder to whom section
3319.52 of the Revised Code
applies, is convicted of or pleads guilty to a felony, a violation of section
2907.04 or
2907.06 or of division (A) or (B)
of section
2907.07 of the Revised Code, an
offense of violence, theft offense, or drug abuse offense that is not a minor
misdemeanor, or a violation of an ordinance of a municipal corporation that is
substantively comparable to a felony or to a violation or offense of that
nature, or if the employee has been found to be eligible for intervention in
lieu of conviction or has agreed to participate in a pre-trial diversion
program for one of those offenses, the prosecutor in the case, on forms
prescribed and furnished by the state board of education, shall notify the
employing board of education of the employee's name and residence address, the
fact that the employee was convicted of , pleaded guilty to, has been found
eligible for intervention in lieu of conviction for, or has agreed to a
diversion program for the specified offense, the section of the Revised Code or
the municipal ordinance violated, and the sentence imposed by the court.
|
| (B) |
In the case of a conviction
or guilty plea, the prosecutor shall give the notification required by this
section no earlier than the fifth day following the expiration of the period
within which the employee may file a notice of appeal from the judgment of the
trial court under Appellate Rule 4(B) and no later than the eighth day
following the expiration of that period. The notification also shall indicate
whether the employee appealed the conviction, and, if applicable, the court in
which the appeal will be heard. If the employee is permitted, by leave of court
pursuant to Appellate Rule 5, to appeal the judgment of the trial court
subsequent to the expiration of the period for filing a notice of appeal under
Appellate Rule 4(B), the prosecutor promptly shall notify the employing board
of education of the appeal and the court in which the appeal will be heard.
|
| (C) |
In the case of a finding of
eligibility for intervention in lieu of conviction or an agreement to
participate in a pre-trial diversion program, the prosecutor shall give the
notification required by this section by a deadline prescribed by the state
board. |
| (D) |
As used in this
section:
| (1) |
"Drug abuse offense" has the
same meaning as in section
2925.01 of the Revised Code.
|
| (2) |
"Intervention in lieu of
conviction" means intervention in lieu of conviction under section
2951.041 of the Revised Code.
|
| (3) |
"Pre-trial diversion program"
means a pre-trial diversion program under section
2935.36 of the Revised Code or a
similar diversion program under rules of a court. |
| (4) |
"Prosecutor" has the same meaning as in
section 2935.01 of the Revised Code.
|
| (5) |
"Theft offense" has the same
meaning as in section
2913.01 of the Revised Code.
|
|
Effective Date:
07-31-2003; 2008
HB428 09-12-2008
.
Whenever a local director or member of a board of education
votes for or participates in the making of a contract with a person as a
teacher or instructor in a public school to whom he is related as father,
brother, mother, or sister, or acts in any matter in which he is pecuniarily
interested, such contract, or such act in such matter, is void. This section
does not apply where a director or a member of such board, being a shareholder
of a corporation but not being an officer or director thereof, owns not in
excess of five per cent of the stock of such corporation and the value of the
stock so owned does not exceed five hundred dollars. If a stockholder desires
to avail himself of the exception provided in this section, before entering
upon such contract such person shall first file with the treasurer of the board
an affidavit stating his exact status and connection with said corporation.
Effective Date:
01-16-1980.
| (A) |
| (1) |
The
state board of education shall issue the following educator licenses:
| (a) |
A
resident educator license, which shall be valid for four years and shall be
renewable for reasons specified by rules adopted by the state board pursuant to
division (A)(3) of this section. The state board, on a case-by-case basis, may
extend the license's duration as necessary to enable the license holder to
complete the Ohio teacher residency program established under section
3319.223
of the Revised Code; |
| (b) |
A
professional educator license, which shall be valid for five years and shall be
renewable; |
| (c) |
A senior
professional educator license, which shall be valid for five years and shall be
renewable; |
| (d) |
A lead
professional educator license, which shall be valid for five years and shall be
renewable. Licenses issued under division (A)(1) of this section on and
after the effective date of this amendment shall specify whether the educator
is licensed to teach grades pre-kindergarten through five, grades four through
nine, or grades seven through twelve. The changes to the grade band
specifications under this amendment shall not apply to a person who holds a
license under division (A)(1) of this section prior to the effective date of
this amendment. Further, the changes to the grade band specifications under
this amendment shall not apply to any license issued to teach in the area of
computer information science, bilingual education, dance, drama or theater,
world language, health, library or media, music, physical education, teaching
English to speakers of other languages, career-technical education, or visual
arts or to any license issued to an intervention specialist, including a gifted
intervention specialist, or to any other license that does not align to the
grade band specifications.
|
|
| (2) |
The
state board may issue any additional educator licenses of categories, types,
and levels the board elects to provide. |
| (3) |
The
state board shall adopt rules establishing the standards and requirements for
obtaining each educator license issued under this section. The rules shall also
include the reasons for which a resident educator license may be renewed under
division (A)(1)(a) of this section. |
|
| (B) |
The
rules adopted under this section shall require at least the following standards
and qualifications for the educator licenses described in division (A)(1) of
this section:
| (1) |
An applicant
for a resident educator license shall hold at least a bachelor's degree from an
accredited teacher preparation program or be a participant in the teach for
America program and meet the qualifications required under section
3319.227
of the Revised Code. |
| (2) |
An applicant
for a professional educator license shall:
| (a) |
Hold at least a bachelor's degree from an institution of higher education
accredited by a regional accrediting organization; |
| (b) |
Have successfully completed the Ohio teacher residency program established
under section
3319.223
of the Revised Code, if the applicant's current or most recently issued license
is a resident educator license issued under this section or an alternative
resident educator license issued under section
3319.26
of the Revised Code. |
|
| (3) |
An
applicant for a senior professional educator license shall:
| (a) |
Hold at least a master's degree from an institution of higher education
accredited by a regional accrediting organization; |
| (b) |
Have previously held a professional educator license issued under this section
or section
3319.222
or under former section
3319.22
of the Revised Code; |
| (c) |
Meet the
criteria for the accomplished or distinguished level of performance, as
described in the standards for teachers adopted by the state board under
section
3319.61 of the
Revised Code. |
|
| (4) |
An
applicant for a lead professional educator license shall:
| (a) |
Hold at least a master's degree from an institution of higher education
accredited by a regional accrediting organization; |
| (b) |
Have previously held a professional educator license or a senior professional
educator license issued under this section or a professional educator license
issued under section
3319.222
or former section
3319.22
of the Revised Code; |
| (c) |
Meet the
criteria for the distinguished level of performance, as described in the
standards for teachers adopted by the state board under section
3319.61 of the
Revised Code; |
| (d) |
Either hold
a valid certificate issued by the national board for professional teaching
standards or meet the criteria for a master teacher or other criteria for a
lead teacher adopted by the educator standards board under division (F)(4) or
(5) of section
3319.61 of the
Revised Code. |
|
|
| (C) |
The
state board shall align the standards and qualifications for obtaining a
principal license with the standards for principals adopted by the state board
under section
3319.61 of the
Revised Code. |
| (D) |
If the state
board requires any examinations for educator licensure, the department of
education shall provide the results of such examinations received by the
department to the chancellor of higher education, in the manner and to the
extent permitted by state and federal law. |
| (E) |
Any
rules the state board of education adopts, amends, or rescinds for educator
licenses under this section, division (D) of section
3301.07
of the Revised Code, or any other law shall be adopted, amended, or rescinded
under Chapter 119. of the Revised Code except as follows:
| (1) |
Notwithstanding division (E) of section
119.03
and division (A)(1) of section
119.04
of the Revised Code, in the case of the adoption of any rule or the amendment
or rescission of any rule that necessitates institutions' offering preparation
programs for educators and other school personnel that are approved by the
chancellor of higher education under section
3333.048
of the Revised Code to revise the curriculum of those programs, the effective
date shall not be as prescribed in division (E) of section
119.03
and division (A)(1) of section
119.04
of the Revised Code. Instead, the effective date of such rules, or the
amendment or rescission of such rules, shall be the date prescribed by section
3333.048
of the Revised Code. |
| (2) |
Notwithstanding the authority to adopt, amend, or rescind emergency rules in
division (G) of section
119.03
of the Revised Code, this authority shall not apply to the state board of
education with regard to rules for educator licenses. |
|
| (F) |
| (1) |
The
rules adopted under this section establishing standards requiring additional
coursework for the renewal of any educator license shall require a school
district and a chartered nonpublic school to establish local professional
development committees. In a nonpublic school, the chief administrative officer
shall establish the committees in any manner acceptable to such officer. The
committees established under this division shall determine whether coursework
that a district or chartered nonpublic school teacher proposes to complete
meets the requirement of the rules. The department of education shall provide
technical assistance and support to committees as the committees incorporate
the professional development standards adopted by the state board of education
pursuant to section
3319.61 of the
Revised Code into their review of coursework that is appropriate for license
renewal. The rules shall establish a procedure by which a teacher may appeal
the decision of a local professional development committee. |
| (2) |
In
any school district in which there is no exclusive representative established
under Chapter 4117. of the Revised Code, the professional development
committees shall be established as described in division (F)(2) of this
section. Not later than the
effective date of the rules adopted under this section, the board of education
of each school district shall establish the structure for one or more local
professional development committees to be operated by such school district. The
committee structure so established by a district board shall remain in effect
unless within thirty days prior to an anniversary of the date upon which the
current committee structure was established, the board provides notice to all
affected district employees that the committee structure is to be modified.
Professional development committees may have a district-level or building-level
scope of operations, and may be established with regard to particular grade or
age levels for which an educator license is designated. Each professional
development committee shall consist of at least three classroom teachers
employed by the district, one principal employed by the district, and one other
employee of the district appointed by the district superintendent. For
committees with a building-level scope, the teacher and principal members shall
be assigned to that building, and the teacher members shall be elected by
majority vote of the classroom teachers assigned to that building. For
committees with a district-level scope, the teacher members shall be elected by
majority vote of the classroom teachers of the district, and the principal
member shall be elected by a majority vote of the principals of the district,
unless there are two or fewer principals employed by the district, in which
case the one or two principals employed shall serve on the committee. If a
committee has a particular grade or age level scope, the teacher members shall
be licensed to teach such grade or age levels, and shall be elected by majority
vote of the classroom teachers holding such a license and the principal shall
be elected by all principals serving in buildings where any such teachers
serve. The district superintendent shall appoint a replacement to fill any
vacancy that occurs on a professional development committee, except in the case
of vacancies among the elected classroom teacher members, which shall be filled
by vote of the remaining members of the committee so selected. Terms of office on
professional development committees shall be prescribed by the district board
establishing the committees. The conduct of elections for members of
professional development committees shall be prescribed by the district board
establishing the committees. A professional development committee may include
additional members, except that the majority of members on each such committee
shall be classroom teachers employed by the district. Any member appointed to
fill a vacancy occurring prior to the expiration date of the term for which a
predecessor was appointed shall hold office as a member for the remainder of
that term. The initial meeting of
any professional development committee, upon election and appointment of all
committee members, shall be called by a member designated by the district
superintendent. At this initial meeting, the committee shall select a
chairperson and such other officers the committee deems necessary, and shall
adopt rules for the conduct of its meetings. Thereafter, the committee shall
meet at the call of the chairperson or upon the filing of a petition with the
district superintendent signed by a majority of the committee members calling
for the committee to meet.
|
| (3) |
In
the case of a school district in which an exclusive representative has been
established pursuant to Chapter 4117. of the Revised Code, professional
development committees shall be established in accordance with any collective
bargaining agreement in effect in the district that includes provisions for
such committees. If the collective
bargaining agreement does not specify a different method for the selection of
teacher members of the committees, the exclusive representative of the
district's teachers shall select the teacher members. If the collective
bargaining agreement does not specify a different structure for the committees,
the board of education of the school district shall establish the structure,
including the number of committees and the number of teacher and administrative
members on each committee; the specific administrative members to be part of
each committee; whether the scope of the committees will be district levels,
building levels, or by type of grade or age levels for which educator licenses
are designated; the lengths of terms for members; the manner of filling
vacancies on the committees; and the frequency and time and place of meetings.
However, in all cases, except as provided in division (F)(4) of this section,
there shall be a majority of teacher members of any professional development
committee, there shall be at least five total members of any professional
development committee, and the exclusive representative shall designate
replacement members in the case of vacancies among teacher members, unless the
collective bargaining agreement specifies a different method of selecting such
replacements.
|
| (4) |
Whenever an
administrator's coursework plan is being discussed or voted upon, the local
professional development committee shall, at the request of one of its
administrative members, cause a majority of the committee to consist of
administrative members by reducing the number of teacher members voting on the
plan. |
|
| (G) |
| (1) |
The
department of education, educational service centers, county boards of
developmental disabilities,
college and university departments of education, head start programs, and the
Ohio education computer network may establish local professional development
committees to determine whether the coursework proposed by their employees who
are licensed or certificated under this section or section
3319.222
of the Revised Code, or under the former version of either section as it
existed prior to October 16, 2009, meet the requirements of the rules adopted
under this section. They may establish local professional development
committees on their own or in collaboration with a school district or other
agency having authority to establish them. Local professional
development committees established by county boards of developmental
disabilities shall be structured in a manner comparable to the structures
prescribed for school districts in divisions (F)(2) and (3) of this section, as
shall the committees established by any other entity specified in division
(G)(1) of this section that provides educational services by employing or
contracting for services of classroom teachers licensed or certificated under
this section or section
3319.222
of the Revised Code, or under the former version of either section as it
existed prior to October 16, 2009. All other entities specified in division
(G)(1) of this section shall structure their committees in accordance with
guidelines which shall be issued by the state board.
|
| (2) |
Educational service centers may establish local
professional development committees to serve educators who are not employed in
schools in this state, including pupil services personnel who are licensed
under this section. Local professional development committees shall be
structured in a manner comparable to the structures prescribed for school
districts in divisions (F)(2) and (3) of this section. These committees may agree to review the coursework,
continuing education units, or other equivalent activities related to classroom
teaching or the area of licensure that is proposed by an individual who
satisfies both of the following conditions:
| (a) |
The individual is licensed or certificated under this
section or under the former version of this section as it existed prior to
October 16, 2009. |
| (b) |
The individual is not currently employed as an
educator or is not currently employed by an entity that operates a local
professional development committee under this section. Any committee that agrees to work with such an individual
shall work to determine whether the proposed coursework, continuing education
units, or other equivalent activities meet the requirements of the rules
adopted by the state board under this section.
|
|
| (3) |
Any public
agency that is not specified in divisions (G)(1) or
(2) of this section but provides educational services and employs or
contracts for services of classroom teachers licensed or certificated under
this section or section
3319.222
of the Revised Code, or under the former version of either section as it
existed prior to October 16, 2009, may establish a local professional
development committee, subject to the approval of the department of education.
The committee shall be structured in accordance with guidelines issued by the
state board. |
|
| (H) |
Not
later than July 1, 2016, the state board, in accordance with Chapter 119. of
the Revised Code, shall adopt rules pursuant to division (A)(3) of this section
that do both of the following:
| (1) |
Exempt
consistently high-performing teachers from the requirement to complete any
additional coursework for the renewal of an educator license issued under this
section or section
3319.26
of the Revised Code. The rules also shall specify that such teachers are exempt
from any requirements prescribed by professional development committees
established under divisions (F) and (G) of this section. |
| (2) |
For
purposes of division (H)(1) of this section, the state board shall define the
term "consistently high-performing teacher." |
|
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
132nd General Assembly File No. TBD, HB 438, §1,
eff. 9/28/2018.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017 (Vetoed).
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. TBD, SB 3, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.17, HB 21,
§1, eff.
7/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Amended by
128th General Assemblych.9, SB 79,
§1, eff.
10/6/2009.
Effective Date:
06-09-2004; 07-01-2005
| (A) |
The state board of education shall adopt rules
establishing the standards and requirements for obtaining a school nurse
license and a school nurse wellness coordinator license. At a minimum, the
rules shall require that an applicant for a school nurse license be licensed as
a registered nurse under Chapter 4723. of the Revised Code. |
| (B) |
If
the state board requires any examinations for licensure under this section, the
department of education shall provide the examination results received by the
department to the chancellor of the Ohio board of regents, in the manner and to
the extent permitted by state and federal law. |
| (C) |
Any
rules for licenses described in this section that the state board adopts,
amends, or rescinds under this section, division (D) of section 3301.07 of the
Revised Code, or any other law shall be adopted, amended, or rescinded under
Chapter 119. of the Revised Code, except that the authority to adopt, amend, or
rescind emergency rules under division (G) of section
119.03 of the Revised Code shall not apply to the state board with respect to
rules for licenses described in this section. |
| (D) |
Any
registered nurse employed by a school district in the capacity of school nurse
on January 1, 1973, or any registered nurse employed by a city or general
health district on January 1, 1973, to serve full-time in the capacity of
school nurse in one or more school districts, shall be considered to have
fulfilled the requirements for the issuance of a school nurse license under
this section. |
Amended by
130th General Assembly File No. TBD, SB 3, §1,
eff. 9/17/2014.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 10-29-1996
.
| (A) |
The state board of education, upon submission of the
documentation specified in division (C) of this section, shall issue a license
to any of the following persons to be employed to work in a substitute capacity
by a school district or school:
| (1) |
A speech-language pathologist who holds a currently
valid license issued under Chapter 4753. of the Revised Code and wishes to be
employed as a substitute speech-language pathologist; |
| (2) |
An audiologist who holds a currently valid license
issued under Chapter 4753. of the Revised Code and wishes to be employed as a
substitute audiologist; |
| (3) |
A registered nurse who holds a bachelor's degree in
nursing and a currently valid license issued under Chapter 4723. of the Revised
Code and wishes to be employed as a substitute nurse; |
| (4) |
A physical therapist who holds a currently valid
license issued under Chapter 4755. of the Revised Code and wishes to be
employed as a substitute physical therapist; |
| (5) |
An occupational therapist who holds a currently valid
license issued under Chapter 4755. of the Revised Code and wishes to be
employed as a substitute occupational therapist; |
| (6) |
A physical therapy assistant who holds a currently
valid license issued under Chapter 4755. of the Revised Code and wishes to be
employed as a substitute physical therapy assistant; |
| (7) |
An occupational therapy assistant who holds a
currently valid license issued under Chapter 4755. of the Revised Code and
wishes to be employed as a substitute occupational therapy
assistant; |
| (8) |
A social worker who holds a currently valid license
issued under Chapter 4757. of the Revised Code and wishes to be employed as a
substitute social worker. |
|
| (B) |
A license may be issued upon the request and
recommendation of the superintendent of a school district, the superintendent
of an educational service center, the governing authority of a community school
established under Chapter 3314. of the Revised Code, the governing body of a
science, technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code, the board of trustees of a
college-preparatory boarding school established under Chapter 3328. of the
Revised Code, or the governing body of a chartered nonpublic school. The term
of the license shall be in accordance with section
3319.226
of the Revised Code. |
| (C) |
A person who wishes to be employed to work in a
substitute capacity under this section shall submit both of the following to
the state board:
| (1) |
A copy of the currently valid occupational license the
person holds; |
| (2) |
All materials required to complete a criminal records
check in accordance with section
3319.291
of the Revised Code, including, if necessary, all materials required to enroll
the person in the retained applicant fingerprint database pursuant to division
(G) of that section. |
|
| (D) |
The state board shall not adopt a rule establishing
any additional qualifications for a license issued under this
section. |
| (E) |
A person that is employed to work in a substitute
capacity by a school district or school under this section shall not be
employed by a district or school in a non-substitute capacity without
satisfying any licensure or permit requirements established in rules adopted by
the state board that are applicable to the person's prospective position of
employment. |
Added by
132nd General Assembly File No. TBD, HB 491, §1,
eff.
3/20/2019.
| (A) |
An individual who holds an adult education permit may
be employed by any school district and shall not be limited to employment
solely by the district that recommended and employed that individual at the
time of the initial issuance of the individual's permit. |
| (B) |
Notwithstanding anything to the contrary in section
3319.226
of the Revised Code, an individual who holds an adult education permit issued
by the state board of education may be assigned as a substitute teacher for any
of grades nine through twelve, in the same manner as the holder of a substitute
career-technical teaching license issued under section
3319.226
of the Revised Code, to teach courses offered by the individual's employing
district. |
Added by
133rd General Assembly File No. TBD, SB 89, §1,
eff.
3/2/2021.
| (A) |
Notwithstanding the amendments to and repeal of statutes by the act that
enacted this section, the state board of education shall accept applications
for new, and renewal and upgrade of, temporary, associate, provisional, and
professional educator licenses, alternative educator licenses, one-year
conditional teaching permits, and school nurse licenses through December 31,
2010, and issue them on the basis of the applications received by that date in
accordance with the former statutes in effect immediately prior to amendment or
repeal by the act that enacted this section. |
| (B) |
A permanent teacher's certificate issued under
former sections
3319.22 to
3319.31 of the Revised Code prior
to October 29, 1996, or under former section 3319.222 of the Revised Code as it
existed prior to the effective date of this section, shall be valid for
teaching in the subject areas and grades for which the certificate was issued,
except as the certificate is limited, suspended, or revoked under section
3319.31 of the Revised Code.
|
| (C) |
The following certificates,
permits, or licenses shall be valid until the certificate, permit, or license
expires for teaching in the subject areas and grades for which the certificate,
permit, or license was issued, except as the certificate, permit, or license is
limited, suspended, or revoked under section
3319.31 of the Revised Code:
| (1) |
Any professional teacher's certificate
issued under former section 3319.222 of the Revised Code, as it existed prior
to the effective date of this section; |
| (2) |
Any temporary, associate, provisional, or
professional educator license issued under former section
3319.22 of the Revised Code, as it
existed prior to the effective date of this section, or under division (A) of
this section; |
| (3) |
Any alternative
educator license issued under former section
3319.26 of the Revised Code, as it
existed prior to the effective date of this section, or under division (A) of
this section; |
| (4) |
Any one-year
conditional teaching permit issued under former section
3319.302 or
3319.304 of the Revised Code, as
it existed prior to the effective date of this section, or under division (A)
of this section. |
|
| (D) |
Any
school nurse license issued under former section
3319.22 of the Revised Code, as it
existed prior to the effective date of this section, or under division (A) of
this section shall be valid until the license expires for employment as a
school nurse, except as the license is limited, suspended, or revoked under
section 3319.31 of the Revised Code.
|
| (E) |
Nothing in this section shall
be construed to prohibit a person from applying to the state board for an
educator license issued under section
3319.22 of the Revised Code, a
school nurse license or a school nurse wellness coordinator license issued
under section
3319.221 of the Revised Code, or
an alternative resident educator license issued under section
3319.26 of the Revised Code, as
the section exists on and after the effective date of this section. |
| (F) |
On and after the effective date of this
section, any reference in the Revised Code to educator licensing is hereby
deemed to refer also to certification or licensure under divisions (A) to (D)
of this section. |
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
| (A) |
Not later
than January 1, 2011, the superintendent of public instruction and the
chancellor of higher education jointly shall establish the Ohio teacher
residency program, which shall be a four-year, entry-level program for
classroom teachers. Except as provided in division (B) of this section, the
teacher residency program shall include at least the following components:
| (1) |
Mentoring by teachers for the first two years of the program; |
| (2) |
Counseling, as determined necessary by the school district or school, to ensure
that program participants receive needed professional development; |
| (3) |
Measures of appropriate progression through the program, which shall include
the performance-based assessment prescribed by the state board of education for
resident educators in the third year of the program. |
|
| (B) |
| (1) |
For
an individual who is teaching career-technical courses under an alternative
resident educator license issued under section
3319.26
of the Revised Code or rule of the state board, the Ohio teacher residency
program shall include the following components:
| (a) |
Conditions that, as of September 29, 2015, were necessary for a participant in
the third and fourth year of the program to complete prior to applying for the
professional educator license under division (A)(2) of section
3319.22
of the Revised Code, except as provided in division (B)(2) (b) of this
section; |
| (b) |
Four years of
successful teaching experience under the alternative resident educator license,
as verified by the superintendent of the employing school district; |
| (c) |
Successful completion of a career-technical workforce development teacher
preparation program that meets the
criteria described in division (C)(1) of section
3319.229
of the Revised Code. |
|
| (2) |
No
individual who is teaching career-technical courses under an alternative
resident educator license issued under section
3319.26
of the Revised Code or rule of the state board shall be required to do either
of the following:
| (a) |
Complete the
conditions of the Ohio teacher residency program that a participant, as of
September 29, 2015, would have been required to complete during the
participant's first and second year of teaching under an alternative resident
educator license. |
| (b) |
Take the
performance-based assessment prescribed by the state board for resident
educators. |
|
|
| (C) |
The
teacher residency program shall be aligned with the standards for teachers
adopted by the state board under section
3319.61 of the
Revised Code and best practices identified by the superintendent of public
instruction. |
| (D) |
Each person
who holds a resident educator license issued under section
3319.22
or
3319.227
of the Revised Code or an alternative resident educator license issued under
section
3319.26
of the Revised Code shall participate in the teacher residency program.
Successful completion of the program shall be required to qualify any such
person for a professional educator license issued under section
3319.22
of the Revised Code. |
Amended by
132nd General Assembly File No. TBD, HB 98, §1,
eff. 6/29/2018.
Repealed by
132nd General Assembly File No. TBD, HB 49, §105.01, eff.
9/29/2017 (Vetoed).
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
129th General AssemblyFile No.17, HB 21,
§1, eff.
7/29/2011.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 01-01-2002
.
Notwithstanding section
3319.30 of the Revised Code, a
school district or educational service center may contract with a provider
licensed under Chapter 4753. of the Revised Code for speech and language
services or for audiology services. The contracted services shall be retained
only after the district or service center has demonstrated to the department of
education that attempts to obtain the services of a speech and language or
audiology provider licensed under this chapter have been unsuccessful.
Effective Date:
06-11-1997.
| (A) |
No
temporary educator license shall be issued under this section for employment as
a principal after the effective date of the rules prescribed by division (A) of
section 3319.27 of the Revised Code. No
temporary educator license shall be issued under this section for employment as
a superintendent or in any other administrative position except principal after
the effective date of the rules prescribed by division (B) of section
3319.27 of the Revised Code.
|
| (B) |
Notwithstanding sections
3319.01 and
3319.22 of the Revised Code, the
board of education of any city, local, or exempted village, or joint vocational
school district, or the governing board of any educational service center may
request the state board of education to issue a one-year temporary educator
license valid for being employed as a superintendent, or in any other
administrative position, to an individual specified by the district board. The
state board of education may issue the educator license if the requesting
district board has determined both of the following:
| (1) |
The individual is of good moral
character; |
| (2) |
The individual holds
at least a baccalaureate degree from an accredited institution of higher
education in a field related to finance or administration, or has five years of
recent work experience in education, management, or administration. A one-year
temporary educator license is valid only in the district whose board requested
the license. An individual holding such a license may be employed as a
superintendent or in any other administrative position in such district. The
state board of education may renew such license annually upon request of the
employing district. |
|
Effective Date:
06-09-2004.
| (A) |
Beginning July 1, 2019, the state board of education
shall issue educator licenses for substitute teaching only under this
section. |
| (B) |
The state board shall adopt rules establishing
standards and requirements for obtaining a license under this section and for
renewal of the license. Except as provided in division (F) of section
3319.229
of the Revised Code, the rules shall require an applicant to hold a
post-secondary degree, but not in any specified subject area. The rules also
shall allow the holder of a license issued under this section to work:
| (1) |
For an unlimited number of school days if the license
holder has a post-secondary degree in either education or a subject area
directly related to the subject of the class the license holder will
teach; |
| (2) |
For one full semester, subject to the approval of the
employing school district board of education, if the license holder has a
post-secondary degree in a subject area that is not directly related to the
subject of the class that the license holder will teach. The district superintendent may request that the board
approve one or more additional subsequent semester-long periods of teaching for
the license holder.
|
|
| (C) |
Any license issued or renewed under former section
3319.226
of the Revised Code that was still in force on the effective date of this
section shall remain in force for the remainder of the term for which it was
issued or renewed. Upon the expiration of that term, the holder of that license
shall be subject to licensure under the rules adopted under this
section. |
Added by
132nd General Assembly File No. TBD, SB 216, §1,
eff.
11/2/2018.
| (A) |
Beginning
July 1, 2019, the state board of education shall issue educator licenses for
substitute teaching only under this section. |
| (B) |
The
state board shall adopt rules establishing standards and requirements for
obtaining a license under this section and for renewal of the license. Except
as provided in division (F) of section
3319.229
of the Revised Code, the rules shall require an applicant to hold a
post-secondary degree, but not in any specified subject area. The rules also
shall allow the holder of a license issued under this section to work:
| (1) |
For
an unlimited number of school days if the license holder has a post-secondary
degree in either education or a subject area directly related to the subject of
the class the license holder will teach; |
| (2) |
For
one full semester, subject to the approval of the employing school district
board of education, if the license holder has a post-secondary degree in a
subject area that is not directly related to the subject of the class that the
license holder will teach. The district
superintendent may request that the board approve one or more additional
subsequent semester-long periods of teaching for the license holder.
|
|
| (C) |
The rules adopted under division (B) of this section
shall permit a substitute career-technical teaching license holder to teach
outside the license holder's certified career field for up to one semester,
subject to approval of the employing school district
superintendent. |
| (D) |
Any license
issued or renewed under former section
3319.226
of the Revised Code that was still in force on November 2,
2018, shall remain in force for the remainder of the term for which it
was issued or renewed. Upon the expiration of that term, the holder of that
license shall be subject to licensure under the rules adopted under this
section. |
Amended by
133rd General Assembly File No. TBD, SB 89, §1,
eff. 3/2/2021.
Added by
132nd General Assembly File No. TBD, SB 216, §1,
eff.
11/2/2018.
| (A) |
Notwithstanding any other provision of the Revised
Code or any rule adopted by the state board of education to the contrary, the
state board shall issue a resident educator license under section
3319.22 of the Revised Code to
each person who is assigned to teach in this state as a participant in the
teach for America program and who satisfies the
following conditions for the duration of the
program:
| (1) |
Holds a
bachelor's degree from an accredited institution of higher education; |
| (2) |
Maintained a cumulative undergraduate grade point average of at least 2.5 out
of 4.0, or its equivalent; |
| (3) |
Has
passed an examination prescribed by the state board in the subject area to be
taught; |
| (4) |
Has
successfully completed the summer training institute operated by teach for
America; |
| (5) |
Remains an active member of the teach for America two-year
support program. |
|
| (B) |
The state board shall issue a resident educator license under this section for
teaching in any grade level or subject area for which a person may obtain a
resident educator license under section
3319.22 of the Revised Code. The
state board shall not adopt rules establishing any additional qualifications
for the license beyond those specified in this section. |
| (C) |
Notwithstanding any other provision of the Revised Code or any rule adopted by
the state board to the contrary, the state board shall issue a resident
educator license under section
3319.22 of the Revised Code to
any applicant who has completed at least two years of teaching in another state
as a participant in the teach for America program and meets all of the
conditions of divisions (A)(1) to (4) of this section. The state board shall
credit an applicant under this division as having completed two years of the
teacher residency program under section
3319.223 of the Revised
Code. |
| (D) |
In order to place teachers in this state, the
teach for America program shall enter into an agreement with one or more
accredited four-year public or private institutions of higher education in the
state to provide optional training of teach for America participants for the
purpose of enabling those participants to complete an optional master's degree
or an equivalent amount of coursework. Nothing in this division shall require
any teach for America participant to complete a master's degree as a condition
of holding a license issued under this section. |
| (E) |
The state board shall revoke a resident educator
license issued to a participant in the teach for America program who is
assigned to teach in this state if the participant resigns or is dismissed from
the program prior to completion of the two-year teach for America support
program. |
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017 (Vetoed).
Amended by
130th General Assembly File No. TBD, HB 367, §1,
eff. 3/23/2015.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Added by
129th General AssemblyFile No.17, HB 21,
§1, eff.
7/29/2011.
Effective Date: 03-30-2007
.
| (A) |
This
section applies only to a person who meets the following conditions:
| (1) |
Holds
a minimum of a baccalaureate degree; |
| (2) |
Has
been licensed and employed as a teacher in another state for each of the
preceding five years; |
| (3) |
Was
initially licensed as a teacher in any state within the preceding fifteen
years; |
| (4) |
Has not had a teacher's license suspended or revoked
in any state. |
|
| (B) |
| (1) |
Not
later than July 1, 2012, the superintendent of public instruction shall develop
a list of states that the superintendent considers to have standards for
teacher licensure that are inadequate to ensure that a person to whom this
section applies and who was most recently licensed to teach in that state is
qualified for a professional educator license issued under section
3319.22 of the Revised Code. |
| (2) |
Following development of the list, the superintendent shall establish a panel
of experts to evaluate the adequacy of the teacher licensure standards of each
state on the list. Each person selected by the superintendent to be a member of
the panel shall be approved by the state board of education. In evaluating the
superintendent's list, the panel shall provide an opportunity for
representatives of the department of education, or similar state-level agency,
of each state on the list to provide evidence to refute the state's placement
on the list. Not later than April 1, 2013, the panel shall recommend
to the state board that the list be approved without changes or that specified
states be removed from the list prior to approval. Not later than July 1, 2013,
the state board shall approve a final list of states with standards for teacher
licensure that are inadequate to ensure that a person to whom this section
applies and who was most recently licensed to teach in that state is qualified
for a professional educator license issued under section
3319.22 of the Revised Code.
|
|
| (C) |
Except
as otherwise provided in division (E)(1) of this section, until the date on
which the state board approves a final list of states with inadequate teacher
licensure standards under division (B)(2) of this section, the state board
shall issue a one-year provisional educator license to any applicant to whom
this section applies. On and after that date, neither the state board nor the
department of education shall be party to any reciprocity agreement with a
state on that list that requires the state board to issue a person to whom this
section applies any type of professional educator license on the basis of the
person's licensure and teaching experience in that state. |
| (D) |
Upon
the expiration of a provisional license issued to a person under division (C)
of this section, the state board shall issue the person a professional educator
license, if the person satisfies either of the following conditions:
| (1) |
The
person was issued the provisional license prior to the development of the list
by the state superintendent under division (B)(1) of this section and, prior to
issuance of the provisional license, the person was most recently licensed to
teach by a state not on the superintendent's list or, if the final list of
states with inadequate teacher licensure standards has been approved by the
state board under division (B)(2) of this section, by a state not on that
list. |
| (2) |
All of the following apply to the person:
| (a) |
Prior
to obtaining the provisional license, the person was most recently licensed to
teach by a state on the superintendent's list or, if the final list of states
with inadequate teacher licensure standards has been approved by the state
board under division (B)(2) of this section, by a state on that list. |
| (b) |
The
person was employed under the provisional license by a school district;
community school established under Chapter 3314. of the Revised Code; science,
technology, engineering, and mathematics school established under Chapter 3326.
of the Revised Code; or an entity contracted by such a district or school to
provide internet- or computer-based instruction or distance learning programs
to students. |
| (c) |
The
district or school certifies to the state board that the person's teaching was
satisfactory while employed or contracted by the district or school. |
|
|
| (E) |
| (1) |
From
July 1, 2012, until the date on which the state board approves a final list of
states with inadequate teacher licensure standards under division (B)(2) of
this section, the state board shall issue a professional educator license to
any applicant to whom this section applies and who was most recently licensed
to teach by a state that is not on the list developed by the state
superintendent under division (B)(1) of this section. |
| (2) |
Beginning on the date on which the state board approves a final list of states
with inadequate teacher licensure standards under division (B)(2) of this
section, the state board shall issue a professional educator license to any
applicant to whom this section applies and who was most recently licensed to
teach by a state that is not on that list. |
|
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
| (A) |
| (1) |
Notwithstanding the repeal of former section
3319.229
of the Revised Code by this act, the state board of education shall accept
applications for new, and for renewal of, professional career-technical
teaching licenses through June 30, 2019, and issue them on the basis of the
applications received by that date in accordance with the rules described in
that former section. Except as otherwise provided in divisions (A)(2) and (3)
of this section, beginning July 1, 2019, the state board shall issue
career-technical workforce development educator licenses only under this
section. |
| (2) |
An
individual who, on July 1, 2019, holds a professional career-technical teaching
license issued under the rules described in former section
3319.229
of the Revised Code, may continue to renew that license in accordance with
those rules for the remainder of the individual's teaching career. However,
nothing in this division shall be construed to prohibit the individual from
applying to the state board for a career-technical workforce development
educator license under this section. |
| (3) |
An
individual who, on July 1, 2019, holds an alternative resident educator license
for teaching career-technical education issued under section
3319.26
of the Revised Code may, upon the expiration of the license, apply for a
professional career-technical teaching license issued under the rules described
in former section
3319.229
of the Revised Code. Such an individual may continue to renew the professional
license in accordance with those rules for the remainder of the individual's
teaching career. However, nothing in this division shall be construed to
prohibit the individual from applying to the state board for a career-technical
workforce development educator license under this section. |
|
| (B) |
The
state board, in collaboration with the chancellor of higher education, shall
adopt rules establishing standards and requirements for obtaining a two-year
initial career-technical workforce development educator license and a five-year
advanced career-technical workforce development educator license. Each license
shall be valid for teaching career-technical education or workforce development
programs in grades four through twelve. The rules shall require applicants for
either license to have a high school diploma. |
| (C) |
| (1) |
The
state board shall issue an initial career-technical workforce development
educator license to an applicant upon request from the superintendent of a
school district that has agreed to employ the applicant. In making the request,
the superintendent shall provide documentation, in accordance with procedures
prescribed by the department of education, showing that the applicant has at
least five years of work experience, or the equivalent, in the subject area in
which the applicant will teach. The license shall be valid for teaching only in
the requesting district. The superintendent also shall provide documentation,
in accordance with procedures prescribed by the department, that the applicant
is enrolled in a career-technical workforce development educator preparation
program offered by an institution of higher education that has an existing
teacher preparatory program in place that meets all of the following criteria:
| (a) |
Is
approved by the chancellor of higher education to provide instruction in
teaching methods and principles; |
| (b) |
Provides classroom support to the license holder; |
| (c) |
Includes at least three semester hours of coursework in the teaching of reading
in the subject area; |
| (d) |
Is aligned
with career-technical education and workforce development competencies
developed by the department; |
| (e) |
Uses a summative performance-based assessment developed by the program and
aligned to the competencies described in division (C)(1)(d) of this section to
evaluate the license holder's knowledge and skills; |
| (f) |
Consists of not less than twenty-four semester hours of coursework, or the
equivalent. |
|
| (2) |
As a
condition of continuing to hold the initial career-technical workforce
development license, the holder of the license shall be participating in a
career-technical workforce development educator preparation program described
in division (C)(1) of this section. |
| (3) |
The
state board shall renew an initial career-technical workforce development
educator license if the supervisor of the program described in division (C)(1)
of this section and the superintendent of the employing school district
indicate that the applicant is making sufficient progress in both the program
and the teaching position. |
|
| (D) |
The
state board shall issue an advanced career-technical workforce development
educator license to an applicant who has successfully completed the program
described in division (C)(1) of this section, as indicated by the supervisor of
the program, and who demonstrates mastery of the applicable career-technical
education and workforce development competencies described in division
(C)(1)(d) of this section in the teaching position, as indicated by the
superintendent of the employing school district. |
| (E) |
The
holder of an advanced career-technical workforce development educator license
shall work with a local professional development committee established under
section
3319.22
of the Revised Code in meeting requirements for renewal of the
license. |
| (F) |
Notwithstanding the provisions of section
3319.226
of the Revised Code, the state board shall not require any applicant for an
educator license for substitute teaching who holds a license issued under this
section to hold a post-secondary degree in order to be issued a license under
section
3319.226
of the Revised Code to work as a substitute teacher for career-technical
education classes. |
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
A valid educator license for teaching social studies in the applicable grade
shall be considered sufficient to teach the additional American history and
American government content adopted under division (A)(1)(b) of section
3301.079 of the Revised
Code.
Added by
129th General AssemblyFile No.91, SB 165,
§1, eff.
6/29/2012.
As used in this section, "community service" has the same
meaning as in section
3313.605 of the Revised Code. The
state board of education shall adopt rules establishing qualifications for the
teaching of community service education for high school credit under division
(C) of section
3313.605 of the Revised Code. In
addition, the board shall provide technical assistance to school districts
providing community service instructional programs for teachers.
Effective Date:
06-03-1992.
The state board of education shall adopt standards for
attaining a license for teaching students with visual disabilities that require
the licensee to demonstrate competency in reading and writing braille. The
standards for demonstrating competency shall be consistent with those adopted
for teachers by the national library service for the blind and physically
handicapped of the library of congress.
Effective Date:
10-29-1996.
| (A) |
Beginning July 1, 2017,
all new educator licenses issued for grades pre-kindergarten through three or
four through nine shall require the applicant to attain a passing score on a
rigorous examination of principles of scientifically research-based reading
instruction that is aligned with the reading competencies adopted by the state
board of education under section 3301.077 of the Revised Code. |
| (B) |
The state board shall adopt rules in accordance with
Chapter 119. of the Revised Code prescribing criteria and procedures necessary
to implement the requirements of this section. |
Added by
130th General Assembly File No. 16, SB 21, §1,
eff. 6/4/2013.
Renumbered as § 3333.049 by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 04-04-2007
.
The teacher quality
partnership, a consortium of teacher preparation programs that have been
approved by the chancellor of the Ohio board of
regents under section 3333.048 of the Revised
Code, shall study the relationship of teacher performance on educator licensure
assessments, as adopted by the state board of
education under section
3319.22 of the Revised Code, to
teacher effectiveness in the classroom. Not later than September 1, 2008, the
partnership shall begin submitting annual data reports along with any other
data on teacher effectiveness the partnership determines appropriate to the
governor, the president and minority leader of the senate, the speaker and
minority leader of the house of representatives, the chairpersons and ranking
minority members of the standing committees of the senate and the house of
representatives that consider education legislation, the superintendent of
public instruction, the state board of education, and the chancellor of
the Ohio board of regents .
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 04-04-2007
.
| (A) |
The
standards for the preparation of teachers adopted under section 3333.048 of the
Revised Code shall require any institution that provides a course of study for
the training of teachers to ensure that graduates of such course of study are
skilled at integrating educational technology in the instruction of children,
as evidenced by the graduate having either demonstrated proficiency in such
skills in a manner prescribed by the department of education or completed a
course that includes training in such skills. |
| (B) |
The chancellor of the Ohio board of regents, in consultation
with the department of education, shall establish model professional
development programs to assist teachers who completed their teacher preparation
prior to the effective date of division (A) of this section to become skilled
at integrating educational technology in the instruction of children. The
chancellor shall provide technical assistance to
school districts wishing to establish such programs. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
09-28-1999; 07-01-2005
| (A) |
Except as provided in division (B) of this section, a
school district shall require an individual to hold a valid educator license in
computer science, or have a license endorsement in computer technology and a
passing score on a content examination in the area of computer science, to
teach computer science courses. |
| (B) |
A school district may employ an individual, for the
purpose of teaching computer science courses, who holds a valid educator
license in any of grades kindergarten through twelve, provided the individual
meets the requirements established by rules of the state board of education to
qualify for a supplemental teaching license for teaching computer science. The
rules shall require an applicant for a supplemental teaching license to pass a
content examination in the area of computer science. The rules also shall
permit an individual, after at least two years of successfully teaching
computer science courses under the supplemental teaching license, to advance to
a standard educator license in computer science by completing a pedagogy course
applicable to the grade levels in which t he individual is teaching. However,
the rules may exempt an individual teaching computer science from the
requirement to complete a pedagogy course if the individual previously
completed a pedagogy course applicable to the grade levels in which the
individual is teaching. |
| (C) |
In order for an individual to teach advanced placement
computer science courses, a school district shall require the individual to
also complete a professional development program endorsed or provided by the
organization that creates and administers national advanced placement
examinations. For this purpose, the individual may complete the program at any
time during the calendar year. |
Added by
132nd General Assembly File No. TBD, HB 170, §1,
eff.
3/23/2018.
| (A) |
The standards for the preparation of teachers adopted
under section
3333.048
of the Revised Code shall require each institution that provides a teacher
preparation program to include a semester course, or the equivalent, for all
students pursuing a license to teach in any of grades pre-kindergarten through
five that includes instruction on all of the following:
| (1) |
Positive behavior intervention and supports and
social-emotional development; |
| (2) |
Classroom systems for establishing the foundation for
positive behavior, such as supervision, acknowledgment, prompts, and
precorrection; |
| (3) |
Classroom systems for responding to unwanted behavior,
including error correction and other strategies; |
| (4) |
Classroom data collection systems; |
| (5) |
Effective instructional strategies and how to
implement them with fidelity; |
| (6) |
Matching curriculum to student needs and
data; |
| (7) |
The impact of trauma, toxic stress, and other
environmental variables on learning behavior. |
|
| (B) |
Within three years after the effective date of this
section, each school district shall provide professional development or
continuing education in positive behavior intervention and supports, as part of
the school-wide implementation of the positive behavior intervention and
supports framework required under section
3319.46
of the Revised Code, to all of the following:
| (1) |
Any of the district's teachers who teach in buildings
that serve students in any of grades pre-kindergarten through three and who
completed a teacher preparation program prior to the effective date of this
section; |
| (2) |
All of the district's administrators who serve
students in any of grades pre-kindergarten through three, including the school
district superintendent, building principals, and assistant principals, who
have not already completed a course of instruction, professional development,
or continuing education in positive behavior intervention and supports. Each district's local professional development committee,
established under section
3319.22
of the Revised Code, shall monitor compliance with division (B) of this section
and shall establish model professional development courses to assist in that
compliance.
|
|
Added by
132nd General Assembly File No. TBD, HB 318, §1,
eff.
11/2/2018.
This section does not
apply to any applicant for an educator license that is designed for persons
specializing in teaching children in kindergarten through twelfth grade, or the
equivalent, in the area of dance, drama, theater, music, visual arts, or
physical education or a specialty area substantially equivalent to any of these
when such applicant will be teaching children in the specialty area specified
in the license.
| (A) |
As used in this section:
| (1) |
"Coursework in the teaching of reading" means coursework that includes training
in a range of instructional strategies for teaching reading, in the assessment
of reading skills, and in the diagnosis and remediation of reading
difficulties; |
| (2) |
"Phonics"
means the techniques and strategies used to teach children to match, blend, and
translate letters of the alphabet into the sounds they represent, which
techniques and strategies are systematically integrated and thoroughly
practiced in a developmentally appropriate instructional program to assist the
child in learning to read, write, and spell; |
| (3) |
"Course in the teaching of phonics" means a course providing the background
necessary for effectively teaching and assessing phonics, phonemic awareness,
and word recognition, including, but not limited to, the following topics:
| (a) |
Phonological and morphological underpinnings of English spellings and the
history thereof; |
| (b) |
The
nature and role of word recognition in proficient reading; |
| (c) |
Methods and rationale for the instruction of phonemic awareness, decoding,
spelling, and the application thereof in reading and writing; |
| (d) |
Methods and rationale for the assessment of phonemic awareness, decoding,
spelling, and the application thereof in reading and writing; |
| (e) |
The relation of deficits in phonemic awareness, decoding, spelling, and word
recognition to reading disabilities; |
|
| (4) |
"Phonemic
awareness" means the awareness of sounds that make up spoken words and the
ability to use this awareness of sounds in reading. |
|
| (B) |
The rules adopted under section
3319.22 of the Revised Code shall
require an applicant for a resident educator license
designated for teaching children in grades kindergarten through six or the
equivalent to have successfully completed at least six semester hours, or the
equivalent, of coursework in the teaching of reading that includes at least one
separate course of at least three semester hours, or the equivalent, in the
teaching of phonics in the context of reading, writing, and spelling. In
addition, such rules shall require
that the subsequent issuance of a professional
educator license be contingent upon the applicant having completed six additional semester
hours or the equivalent of coursework in the teaching of reading. The rules
shall permit an applicant to apply undergraduate coursework in
order to meet this requirement for
additional coursework. |
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 10-29-1996
.
Any teacher
performance assessment entity with which the department of education or the
state board of education contracts or any independent agent with whom such
entity, the department, or the state board contracts to provide services as a
teacher performance assessor, trainer of assessors, or assessment coordinator
is not liable for damages in a civil action concerning the actions of such
entity or agent made in the conduct of a teacher performance assessment unless
those actions were conducted with malicious purpose, in bad faith, or in a
wanton or reckless manner.
As used in this
section, "teacher performance assessment" means an assessment prescribed by the
state board of education to measure the classroom performance of a teacher who
is a candidate for licensure based on observations
conducted by a trained assessor while the teacher is engaged in actual
classroom instruction.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 06-09-2004
.
| (A) |
The
state board of education shall adopt rules establishing the standards and
requirements for obtaining an alternative resident educator license for
teaching in grades kindergarten to twelve, or the equivalent, in a designated
subject area or in the area of intervention specialist, as defined by rule of
the state board. The rules shall also include the reasons for which an
alternative resident educator license may be renewed under division (D) of this
section. |
| (B) |
The
superintendent of public instruction and the chancellor of
higher education jointly shall develop an
intensive pedagogical training institute to provide instruction in the
principles and practices of teaching for individuals seeking an alternative
resident educator license. The instruction shall cover such topics as student
development and learning, pupil assessment procedures, curriculum development,
classroom management, and teaching methodology. |
| (C) |
The
rules adopted under this section shall require applicants for the alternative
resident educator license to satisfy the following conditions prior to issuance
of the license, but they shall not require applicants to have completed a major
or coursework in the subject area for which application is being made:
| (1) |
Hold a
minimum of a baccalaureate degree; |
| (2) |
Successfully complete the pedagogical training institute described in division
(B) of this section or the preservice training
provided to participants of a
teacher preparation program that has been approved by the chancellor. The
chancellor may approve any such program that requires
participants to hold a bachelor's degree; have either a cumulative undergraduate grade point average
of at least 2.5 out of 4.0, or its equivalent or a
cumulative graduate school grade point average of at least 3.0 out of
4.0; and successfully complete the program's preservice
training . |
| (3) |
Pass an
examination in the subject area for which application is being made. |
|
| (D) |
An
alternative resident educator license shall be valid for four years and shall
be renewable for reasons specified by rules adopted by the state board pursuant
to division (A) of this section. The state board, on a case-by-case basis, may
extend the license's duration as necessary to enable the license holder to
complete the Ohio teacher residency program established under section
3319.223
of the Revised Code. |
| (E) |
The
rules shall require the holder of an alternative resident educator license, as
a condition of continuing to hold the license, to do all of the following:
| (1) |
Participate in the Ohio teacher residency program; |
| (2) |
Show
satisfactory progress in taking and successfully completing one of the
following:
| (a) |
At
least twelve additional semester hours, or the equivalent, of college
coursework in the principles and practices of teaching in such topics as
student development and learning, pupil assessment procedures, curriculum
development, classroom management, and teaching methodology; |
| (b) |
Professional development provided by a teacher preparation program that has
been approved by the chancellor under division (C)(2) of this
section. |
|
| (3) |
Take an
assessment of professional knowledge in the second year of teaching under the
license. |
|
| (F) |
The
rules shall provide for the granting of a professional educator license to a
holder of an alternative resident educator license upon successfully completing
all of the following:
| (1) |
Four
years of teaching under the alternative license; |
| (2) |
The
additional college coursework or professional development described in division
(E)(2) of this section; |
| (3) |
The
assessment of professional knowledge described in division (E)(3) of this
section. The standards for successfully completing this assessment and the
manner of conducting the assessment shall be the same as for any other
individual who is required to take the assessment pursuant to rules adopted by
the state board under section
3319.22
of the Revised Code. |
| (4) |
The
Ohio teacher residency program; |
| (5) |
All
other requirements for a professional educator license adopted by the state
board under section
3319.22
of the Revised Code. |
|
| (G) |
A
person who is assigned to teach in this state as a participant in the teach for
America program or who has completed two years of teaching in another state as
a participant in that program shall be eligible for a license only under
section
3319.227
of the Revised Code and shall not be eligible for a license under this
section. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017 (Vetoed).
Amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 06-09-2004
.
| (A) |
Notwithstanding any other provision of the Revised
Code or any rule adopted by the state board of education to the contrary, the
state board shall issue an alternative resident educator license under division
(C) of section 3319.26 of the Revised Code to
each applicant who meets the following conditions:
| (1) |
Holds a bachelor's degree from an accredited institution of higher
education; |
| (2) |
Has
successfully completed a teacher education program
offered by one of the following entities:
| (a) |
The American Montessori society; |
| (b) |
The
association Montessori internationale; |
| (c) |
An institution accredited by the Montessori accreditation
council for teacher education. |
|
| (3) |
Is
employed in a school that operates a program that uses the Montessori method
endorsed by the American Montessori society, the
Montessori accreditation council for teacher education, or the
association Montessori internationale as its primary method of
instruction. |
|
| (B) |
The holder
of an alternative resident educator license issued under this section shall be
subject to divisions (A), (B), (D), and (E) of section
3319.26 of the Revised Code and
shall be granted a professional educator license upon successful completion of
the requirements described in division (F) of section
3319.26 of the Revised
Code. |
Amended by
130th General Assembly File No. TBD, HB 367, §1,
eff. 3/23/2015.
Added by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
| (A) |
Notwithstanding any other provision of the Revised
Code or any rule adopted by the state board of education to the contrary, the
state board shall adopt rules establishing standards and requirements for
obtaining a nonrenewable four-year initial early college high school educator
license for teaching grades seven through twelve at an early college high
school described in section
3313.6013
of the Revised Code to any applicant who meets the following conditions:
| (1) |
Has a graduate or terminal degree from an accredited
institution of higher education in a field related to the subject area to be
taught, as determined by the department of education; |
| (2) |
Has obtained a passing score on an examination in the
subject area to be taught, as prescribed by the state board; |
| (3) |
Has experience teaching students at any grade level,
including post-secondary students; |
| (4) |
Has proof that an early college high school intends to
employ the applicant pending a valid license under this section. An individual licensed under this section shall be subject
to sections
3319.291
and
3319.39 of
the Revised Code. An initial educator license issued under division (A) of this
section shall be valid for teaching only at the employing school described in
division (A) (4) of this section.
|
|
| (B) |
After four years of teaching under an initial early
college high school educator license issued under this section, an individual
may apply for a renewable five-year professional educator license in the same
subject area named in the initial license. The state board shall issue the
applicant a professional educator license if the applicant attains a passing
score on an assessment of professional knowledge prescribed by the state board.
Nothing in division (B) of this section shall be construed to prohibit an
individual from applying for a professional education license under section
3319.22
of the Revised Code. |
Added by
132nd General Assembly File No. TBD, SB 216, §1,
eff.
11/2/2018.
| (A) |
The state
board of education shall adopt rules that establish an alternative principal
license. The rules establishing an alternative principal license shall include
a requirement that an applicant have obtained classroom teaching experience.
Beginning on the effective date of the rules, the state board shall cease to
issue temporary educator licenses pursuant to section
3319.225 of the Revised Code for
employment as a principal. Any person who on the effective date of the rules
holds a valid temporary educator license issued under that section and is
employed as a principal shall be allowed to continue employment as a principal
until the expiration of the license. Employment of any such person as a
principal by a school district after the expiration of the temporary educator
license shall be contingent upon the state board issuing the person an
alternative principal license in accordance with the rules adopted under this
division. |
| (B) |
The state board
shall adopt rules that establish an alternative administrator license, which
shall be valid for employment as a superintendent or in any other
administrative position except principal. Beginning on the effective date of
the rules, the state board shall cease to issue temporary educator licenses
pursuant to section
3319.225 of the Revised Code for
employment as a superintendent or in any other administrative position except
principal. Any person who on the effective date of the rules holds a valid
temporary educator license issued under that section and is employed as a
superintendent or in any other administrative position except principal shall
be allowed to continue employment in that position until the expiration of the
license. Employment of any such person as a superintendent or in any other
administrative position except principal by a school district after the
expiration of the temporary educator license shall be contingent upon the state
board issuing the person an alternative administrator license in accordance
with the rules adopted under this division. |
Effective Date:
06-09-2004.
Repealed by
133rd General Assembly File No. TBD, HB 166, §105.01, eff.
10/17/2019.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Added by
131st General Assembly File No. TBD, SB 3, §3,
eff. 3/16/2017.
| (A) |
The "bright new leaders for Ohio schools program"
administered by the Ohio state university
Fisher college of business and college education and human ecology shall
provide an alternative path for individuals to receive training and development
in the administration of primary and secondary education and leadership, enable
those individuals to earn degrees and obtain licenses in public school
administration, and promote the placement of those individuals in public
schools that have a poverty percentage greater than fifty per cent. |
| (B) |
The
state board of education shall issue a professional administrator license for grades
pre-kindergarten through twelve to an individual who successfully
completes the bright new leaders for Ohio schools program and satisfies the
requirements in rules adopted by the state board under division (C) of this
section. |
| (C) |
The
state board, in consultation with the bright new leaders for Ohio schools program, shall
adopt rules that prescribe the requirements for obtaining
a professional administrator license
for grades pre-kindergarten through twelve under
this section. The state board shall use the rules adopted under section
3319.27
of the Revised Code as guidance in developing the rules adopted under this
division. |
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Renumbered from 3319.271
and amended by
131st General Assembly File No. TBD, SB 3, §1,
eff. 3/16/2017.
Amended by
131st General Assembly File No. TBD, HB 340, §101.01, eff.
12/22/2015.
Added by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
| (A) |
As used in this section, "STEM school" means a
science, technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code. |
| (B) |
Notwithstanding any other provision of the Revised
Code or any rule adopted by the state board of education to the contrary, the
state board shall issue a two-year provisional educator license for teaching
science, technology, engineering, or mathematics in grades six through twelve
in a STEM school to any applicant who meets the following conditions:
| (1) |
Holds a bachelor's degree from an accredited institution of higher education in
a field related to the subject area to be taught; |
| (2) |
Has passed an examination prescribed by the state board in the subject area to
be taught. |
|
| (C) |
The holder of a provisional educator license
issued under this section shall complete a structured apprenticeship program
provided by an educational service center or a teacher preparation program
approved under section 3333.048 of the Revised
Code, in partnership with the STEM school that
employs the license holder. The apprenticeship program shall include the
following:
| (1) |
Mentoring by a teacher or administrator who regularly observes the license
holder's classroom instruction, provides feedback on the license holder's
teaching strategies and classroom management, and engages the license holder in
discussions about methods for fostering and measuring student learning;
|
| (2) |
Regularly scheduled seminars or meetings that address the following topics:
| (a) |
The statewide academic standards adopted by the state board under section
3301.079 of the Revised Code and
the importance of aligning curriculum with those standards; |
| (b) |
The achievement assessments prescribed by section
3301.0710 of the Revised Code;
|
| (c) |
The
school district and building accountability system established under Chapter
3302. of the Revised Code; |
| (d) |
Instructional methods and strategies; |
| (f) |
Assessing student progress and providing remediation and intervention, as
necessary, to meet students' special needs; |
| (g) |
Classroom management and record keeping. |
|
|
| (D) |
After two years of teaching under a provisional
educator license issued under this section, a person may apply for a five-year
professional educator license in the same subject area named in the provisional
license. The state board shall issue the applicant a professional educator
license if the applicant meets the following conditions:
| (1) |
The applicant completed the apprenticeship program described in division (C) of
this section. |
| (2) |
The
applicant receives a positive recommendation indicating that the applicant is
an effective teacher from both of the following:
| (a) |
The chief administrative officer of the STEM school that most recently employed
the applicant as a classroom teacher; |
| (b) |
The educational service center or teacher preparation program administrator in
charge of the apprenticeship program completed by the applicant.
|
|
| (3) |
The applicant
meets all other requirements for a professional educator license adopted by the
state board under section
3319.22 of the Revised
Code. |
|
| (E) |
The department of education shall evaluate the
experiences of STEM schools with classroom teachers holding provisional
educator licenses issued under this section. The evaluation shall cover the
first two school years for which licenses are issued and shall consider at
least the schools' satisfaction with the teachers and the operation of the
apprenticeship programs. |
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 2007 HB119
09-29-2007
Effective Date:
10-29-1996.
Effective Date:
10-29-1996.
| (A) |
The board of
education of any school district may employ an individual who is not
certificated or licensed as required by Chapter 3319. of the Revised Code, but
who meets the following qualifications, as a teacher in the schools of the
district:
| (1) |
The
individual is a veteran of the armed forces of the United States and was
honorably discharged within three years of June 30, 1997; |
| (2) |
While in the armed forces the individual had meaningful teaching or other
instructional experience; |
| (3) |
The
individual holds at least a baccalaureate degree. |
|
| (B) |
An
individual employed under this section shall be deemed to hold a teaching
certificate or educator license for the purposes of state and federal law and
rules and regulations and school district policies, rules, and regulations.
However, an individual employed under this section is not a
properly certified or licensed teacher for purposes of
the school district's compliance with section
3319.074
of the Revised Code. Each individual employed under this section shall meet the
requirement to successfully complete fifteen hours, or the equivalent, of
coursework every five years that is approved by the local professional
development committee as is required of other teachers licensed in accordance
with Chapter 3319. of the Revised Code. |
| (C) |
The
superintendent of public instruction may revoke the right of an individual
employed under division (A) of this section to teach if, after an investigation
and an adjudication conducted pursuant to Chapter 119. of the Revised Code, the
superintendent finds that the person is not competent to teach the subject the
person has been employed to teach or did not fulfill the requirements of
division (A) of this section. No individual whose right to teach has been
revoked under this division shall teach in a public school, and no board of
education may engage such an individual to teach in the schools of its
district. Notwithstanding division
(B) of this section, a board of education is not required to comply with the
provisions of sections
3311.81,
3311.82,
3319.11,
and
3319.16
of the Revised Code with regard to termination of employment if the
superintendent, after an investigation and an adjudication, has revoked the
individual's right to teach.
|
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
7/18/2019 (Vetoed).
Amended by
132nd General Assembly File No. TBD, SB 216, §1,
eff. 11/2/2018.
Amended by
129th General AssemblyFile No.143, HB 525,
§1, eff.
10/1/2012.
Effective Date: 06-09-2004
.
A member of the national guard or a member of a reserve
component of the armed forces of the United States who is called to active duty
and who, at the time of deployment, holds a valid educator license under this
chapter is entitled to have the license extended for a period of time
commensurate with the length of active duty service, provided the educator is
honorably released from such active duty service. No extension granted pursuant
to this section in any year shall be deemed to have expired before the next
following thirtieth day of June. As used in this section, "active duty" has the
same meaning as in section
5919.34 of the Revised Code.
Effective Date:
06-12-2003.
Each application for any license, certificate, or permit under
this chapter, or renewal or duplicate of such a license, certificate, or
permit, shall be accompanied by the payment of a fee in the amount established
under division (A) of section
3319.51 of the Revised Code. Any
fees received under this section shall be paid into the state treasury to the
credit of the state board of education licensure fund established under
division (B) of section
3319.51 of the Revised Code. Any
person applying for or holding a license, certificate, or permit under this
chapter is subject to sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code and
sections 3319.31 and
3319.311 of the Revised Code.
Effective Date:
06-09-2004;
09-16-2004; 2007
HB119 09-29-2007
.
| (A) |
The state board of education shall require each of the following persons, at
the times prescribed by division (A) of this section, to undergo a criminal
records check, unless the person has undergone a records check under this
section or a former version of this section less than five years prior to that
time.
| (1) |
Any
person initially applying for any certificate, license, or permit described in
this chapter or in division (B) of section
3301.071 or in section
3301.074 of the Revised Code at
the time that application is made; |
| (2) |
Any person applying for renewal of any certificate, license, or permit
described in division (A)(1) of this section at the time that application is
made; |
| (3) |
Any
person who is teaching under a professional teaching certificate issued under
former section 3319.222 of the Revised Code
upon a date prescribed by the state board; |
| (4) |
Any person who is teaching under a permanent teaching certificate issued under
former section 3319.22 as it existed prior to
October 29, 1996, or under former section
3319.222 of the Revised Code
upon a date prescribed by the state board and every five years
thereafter. |
|
| (B) |
| (1) |
Except as otherwise provided in division (B)(2) of this section, the state
board shall require each person subject to a criminal records check under this
section to submit two complete sets of fingerprints and written permission that
authorizes the superintendent of public instruction to forward the fingerprints
to the bureau of criminal identification and investigation pursuant to division
(F) of section 109.57 of the Revised Code and
that authorizes that bureau to forward the fingerprints to the federal bureau
of investigation for purposes of obtaining any criminal records that the
federal bureau maintains on the person. |
| (2) |
If both of the following conditions apply to a person subject to a criminal
records check under this section, the state board shall require the person to
submit one complete set of fingerprints and written permission that authorizes
the superintendent of public instruction to forward the fingerprints to the
bureau of criminal identification and investigation so that bureau may forward
the fingerprints to the federal bureau of investigation for purposes of
obtaining any criminal records that the federal bureau maintains on the person:
| (a) |
Under this section or any former version of this section, the state board or
the superintendent of public instruction previously requested the
superintendent of the bureau of criminal identification and investigation to
determine whether the bureau has any information, gathered pursuant to division
(A) of section 109.57 of the Revised Code, on
the person. |
| (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. |
|
|
| (C) |
Except
as provided in division (D) of this section, prior to issuing or renewing any
certificate, license, or permit for a person described in division (A)(1) or
(2) of this section who is subject to a criminal records check and in the case
of a person described in division (A)(3) or (4) of this section who is subject
to a criminal records check, the state board or the superintendent of public
instruction shall do one of the following:
| (1) |
If the person is required to submit fingerprints and written permission under
division (B)(1) of this section, request the superintendent of the bureau of
criminal identification and investigation to determine whether the bureau has
any information, gathered pursuant to division (A) of section
109.57 of the Revised Code,
pertaining to the person and to obtain any criminal records that the federal
bureau of investigation has on the person. |
| (2) |
If the person is required to submit fingerprints and written permission under
division (B)(2) of this section, request the superintendent of the bureau of
criminal identification and investigation to obtain any criminal records that
the federal bureau of investigation has on the person. |
|
| (D) |
The state board or the superintendent of public instruction may choose not to
request any information about a person required by division (C) of this section
if the person provides proof that a criminal records check that satisfies the
requirements of that division was conducted on the person as a condition of
employment pursuant to section
3319.39 of the Revised Code
within the immediately preceding year. The state board or the superintendent of
public instruction may accept a certified copy of records that were issued by
the bureau of criminal identification and investigation and that are presented
by the person in lieu of requesting that information under division (C) of this
section if the records were issued by the bureau within the immediately
preceding year. |
| (E) |
| (1) |
If a person described in division (A)(3) or (4) of this section who is subject
to a criminal records check fails to submit fingerprints and written permission
by the date specified in the applicable division, and the state board or the
superintendent of public instruction does not apply division (D) of this
section to the person, or if a person who is subject to
division (G) of this section fails to submit fingerprints and written
permission by the date prescribed under that division, the superintendent
shall prepare a written notice stating that if the person does not submit the
fingerprints and written permission within fifteen days after the date the
notice was mailed, the person's application will be
rejected or the person's professional or permanent teaching certificate
or license will be inactivated. The
superintendent shall send the notification by regular mail to the person's last
known residence address or last known place of employment, as indicated in the
department of education's records, or both. If the person fails
to submit the fingerprints and written permission within fifteen days after the
date the notice was mailed, the superintendent of public instruction, on behalf
of the state board, shall issue a written order rejecting the application or inactivating the person's
professional or permanent teaching certificate or
license. The rejection or inactivation
shall remain in effect until the person submits the fingerprints and written
permission. The superintendent shall send the order by regular mail to the
person's last known residence address or last known place of employment, as
indicated in the department's records, or both. The order shall state the
reason for the rejection or inactivation and
shall explain that the rejection or inactivation
remains in effect until the person submits the
fingerprints and written permission. The
rejection or inactivation of a professional or
permanent teaching certificate or license under
division (E)(1) of this section does not constitute a suspension or revocation
of the certificate or license by the state board
under section 3319.31 of the Revised Code and
the state board and the superintendent of public instruction need not provide
the person with an opportunity for a hearing with respect to the
rejection or inactivation.
|
| (2) |
If a person whose professional or permanent teaching certificate
or license has been rejected or inactivated under division (E)(1) of this
section submits fingerprints and written permission as required by division (B)
or (G) of this section, the superintendent of
public instruction, on behalf of the state board, shall issue a written order
issuing or reactivating the certificate
or license. The superintendent shall send the
order to the person by regular mail. |
|
| (F) |
Notwithstanding divisions (A) to (C) of this section, if a person holds more
than one certificate, license, or permit described in division (A)(1) of this
section, the following shall apply:
| (1) |
If the certificates, licenses, or permits are of different durations, the
person shall be subject to divisions (A) to (C) of this section only when
applying for renewal of the certificate, license, or permit that is of the
longest duration. Prior to renewing any certificate, license, or permit with a
shorter duration, the state board or the superintendent of public instruction
shall determine whether the department of education has received any
information about the person pursuant to section
109.5721 of the Revised Code,
but the person shall not be subject to divisions (A) to (C) of this section as
long as the person's certificate, license, or permit with the longest duration
is valid. |
| (2) |
If the
certificates, licenses, or permits are of the same duration but do not expire
in the same year, the person shall designate one of the certificates, licenses,
or permits as the person's primary certificate, license, or permit and shall
notify the department of that designation. The person shall be subject to
divisions (A) to (C) of this section only when applying for renewal of the
person's primary certificate, license, or permit. Prior to renewing any
certificate, license, or permit that is not the person's primary certificate,
license, or permit, the state board or the superintendent of public instruction
shall determine whether the department has received any information about the
person pursuant to section
109.5721 of the Revised Code,
but the person shall not be subject to divisions (A) to (C) of this section as
long as the person's primary certificate, license, or permit is
valid. |
| (3) |
If the
certificates, licenses, or permits are of the same duration and expire in the
same year and the person applies for renewal of the certificates, licenses, or
permits at the same time, the state board or the superintendent of public
instruction shall request only one criminal records check of the person under
division (C) of this section. |
|
| (G) |
If the department is unable to enroll a person who has
submitted an application for licensure, or to whom the state board has issued a
license, in the retained applicant fingerprint database established under
section 109.5721 of the Revised Code
because the person has not satisfied the requirements for enrollment, the
department shall require the person to satisfy the requirements for enrollment,
including requiring the person to submit, by a date prescribed by the
department, one complete set of fingerprints and written permission that
authorizes the superintendent of public instruction to forward the fingerprints
to the bureau of criminal identification and investigation for the purpose of
enrolling the person in the database. If the person fails to comply by the
prescribed date, the department shall reject the application or shall take
action to inactivate the person's license in accordance with division (E) of
this section. |
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009 and
1/1/2010.
Effective Date:
06-09-2004; 09-16-2004; 03-30-2007; 2007 HB119 09-29-2007; 2007 HB190
11-14-2007; 2008 HB428 09-12-2008; 2008 HB562 09-22-2008.
As used in this section, "license" has the same meaning as in
section 3319.31 of the Revised Code. The
state board of education and the department of education may question an
applicant for issuance or renewal of any license with respect to any criminal
offense committed or alleged to have been committed by the applicant. If the
record of a conviction, plea of guilty, bail forfeiture, or other disposition
of a criminal offense committed or alleged to have been committed by the
applicant has been sealed or expunged, the state board and the department need
not assert or demonstrate that its questioning with respect to the offense
bears a direct and substantial relationship to the issuance or renewal of the
license or to the position in which the applicant will work under the license.
Any questions regarding a record of a conviction, plea of guilty, bail
forfeiture, or other disposition of a criminal offense committed or alleged to
have been committed by the applicant that has been sealed or expunged and the
responses of the applicant to such questions shall not be a public record under
section 149.43 of the Revised Code.
Effective Date: 2008 HB428
09-12-2008.
Except as provided in section
3319.36 of the Revised Code, no
person shall receive any compensation for the performance of duties as teacher
in any school supported wholly or in part by the state or by federal funds who
has not obtained a license of qualification for the position as provided for
under section
3319.22 of the Revised Code and
which license shall further certify to the good moral character of the holder
thereof. Any teacher so qualified may, at the discretion of the employing board
of education, receive compensation for days on which the teacher is excused by
such board for the purpose of attending professional meetings, and the board
may provide and pay the salary of a substitute teacher for such days.
Effective Date:
10-29-1996.
| (A) |
As used in
this section, "STEM school" means a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised Code.
|
| (B) |
The state board of education
shall issue permits to individuals who are not licensed as required by sections
3319.22 to
3319.30 of the Revised Code, but
who are otherwise qualified, to teach classes for not more than a total of
twelve hours a week, except that an individual teaching in a STEM school may
teach classes for not more than a total of forty hours a week. The state board,
by rule, shall set forth the qualifications, other than licensure under
sections 3319.22 to
3319.30 of the Revised Code, to be
met by individuals in order to be issued a permit as provided in this section.
Such qualifications shall include the possession of a baccalaureate, master's,
or doctoral degree in, or significant experience related to, the subject the
individual is to teach. Applications for permits pursuant to this section shall
be made in accordance with section
3319.29 of the Revised Code. The
state board, by rule, shall authorize the board of education of each school
district and each STEM school to engage individuals holding permits issued
under this section to teach classes for not more than the total number of hours
a week specified in the permit. The rules shall include provisions with regard
to each of the following:
| (1) |
That a board of
education or STEM school shall engage a nonlicensed individual to teach
pursuant to this section on a volunteer basis, or by entering into a contract
with the individual or the individual's employer on such terms and conditions
as are agreed to between the board or school and the individual or the
individual's employer; |
| (2) |
That an
employee of the board of education or STEM school who is licensed under
sections 3319.22 to
3319.30 of the Revised Code shall
directly supervise a nonlicensed individual who is engaged to teach pursuant to
this section until the superintendent of the school district or the chief
administrative officer of the STEM school is satisfied that the nonlicensed
individual has sufficient understanding of, and experience in, effective
teaching methods to teach without supervision. |
|
| (C) |
A nonlicensed individual engaged to teach pursuant
to this section is a teacher for the purposes of Title XXXIII of the Revised
Code except for the purposes of Chapters 3307. and 3317. and sections
3319.07 to
3319.31 of the Revised Code. Such
an individual is not an employee of the board of education or STEM school for
the purpose of Titles I or XLI or Chapter 3309. of the Revised Code. |
| (D) |
Students enrolled in a class taught by a
nonlicensed individual pursuant to this section and rules adopted thereunder
shall receive the same credit as if the class had been taught by an employee
licensed pursuant to sections
3319.22 to
3319.30 of the Revised Code.
|
| (E) |
No board of education of any
school district shall engage any one or more nonlicensed individuals if such
employment displaces from employment an existing licensed employee of the
district. |
Effective Date:
10-29-1996; 2007
HB119 09-29-2007
.
| (A) |
As used in
this section:
| (1) |
"Dropout recovery community school" means a community
school established under Chapter 3314. of the Revised Code in which a majority
of the students are enrolled in a dropout prevention and recovery program that
is operated by the school. |
| (2) |
"Industry-recognized credential program" means a
career-technical course in which a student may earn an industry-recognized
credential approved under section
3313.6113 of the Revised
Code. |
| (3) |
"STEM school"
means a science, technology, engineering, and mathematics school established
under Chapter 3326. of the Revised Code. |
|
| (B) |
The
state board of education shall issue permits to individuals who are not
licensed as required by sections
3319.22
to
3319.30
of the Revised Code, but who are otherwise qualified, to teach classes for not
more than a total of twelve hours a week, except that an individual teaching in
a STEM school or an individual teaching an
industry-recognized credential program offered at a dropout recovery community
school may teach classes for not more than a total of forty hours a week.
The state board, by rule, shall set forth the qualifications, other than
licensure under sections
3319.22
to
3319.30
of the Revised Code, to be met by individuals in order to be issued a permit as
provided in this section. Such qualifications shall include the possession of a
baccalaureate, master's, or doctoral degree in, or significant experience
related to, the subject the individual is to teach. For
an individual assigned to teach a career-technical class, significant
experience related to a subject shall include career-technical
experience. Applications for permits pursuant to this section shall be
made in accordance with section
3319.29 of the Revised Code.
A permit issued under this section shall be
renewable. The state board, by rule,
shall authorize the board of education of each school district and each STEM
school to engage individuals holding permits issued under this section to teach
classes for not more than the total number of hours a week specified in the
permit. The rules shall include provisions with regard to each of the
following:
| (1) |
That a board
of education or STEM school shall engage a nonlicensed individual to teach
pursuant to this section on a volunteer basis, or by entering into a contract
with the individual or the individual's employer on such terms and conditions
as are agreed to between the board or school and the individual or the
individual's employer; |
| (2) |
That an
employee of the board of education or STEM school who is licensed under
sections
3319.22
to
3319.30
of the Revised Code shall directly supervise a nonlicensed individual who is
engaged to teach pursuant to this section until the superintendent of the
school district or the chief administrative officer of the STEM school is
satisfied that the nonlicensed individual has sufficient understanding of, and
experience in, effective teaching methods to teach without
supervision. |
|
| (C) |
A nonlicensed
individual engaged to teach pursuant to this section is a teacher for the
purposes of Title XXXIII of the Revised Code except for the purposes of
Chapters 3307. and 3317. and sections
3319.07 to
3319.31
of the Revised Code. Such an individual is not an employee of the board of
education or STEM school for the purpose of Titles I or XLI or Chapter 3309. of
the Revised Code. |
| (D) |
Students
enrolled in a class taught by a nonlicensed individual pursuant to this section
and rules adopted thereunder shall receive the same credit as if the class had
been taught by an employee licensed pursuant to sections
3319.22
to
3319.30
of the Revised Code. |
| (E) |
No board of
education of any school district shall engage any one or more nonlicensed
individuals if such employment displaces from employment an existing licensed
employee of the district. |
Amended by
133rd General Assembly File No. TBD, SB 89, §1,
eff. 3/2/2021.
Effective Date:
10-29-1996; 2007
HB119 09-29-2007
.
Repealed by
128th General AssemblyFile No.9, HB 1,
§105.01, eff.
10/16/2009.
.
| (A) |
The state board of education shall adopt rules
establishing standards and requirements for obtaining a pupil-activity program
permit for any individual who does not hold a valid educator license,
certificate, or permit issued by the state board under section
3319.22,
3319.26, or
3319.27 of the Revised Code. The
permit issued under this section shall be valid for coaching, supervising, or
directing a pupil-activity program under section
3313.53 of the Revised Code.
Subject to the provisions of section
3319.31 of the Revised Code, a
permit issued under this division shall be valid for three years and shall be
renewable. |
| (B) |
The state board shall adopt rules applicable to
individuals who hold valid educator licenses, certificates, or permits issued
by the state board under section
3319.22,
3319.26, or
3319.27 of the Revised Code
setting forth standards to assure any such individual's competence to direct,
supervise, or coach a pupil-activity program described
in section 3313.53 of the Revised
Code. The rules adopted under this division shall not be more stringent
than the standards set forth in rules applicable to individuals who do not hold
such licenses, certificates, or permits adopted under division (A) of this
section. Subject to the provisions of section
3319.31 of the Revised Code, a
permit issued to an individual under this division shall be valid for the same
number of years as the individual's educator license, certificate, or permit
issued under section 3319.22,
3319.26, or
3319.27 of the Revised Code and
shall be renewable. |
| (C) |
As a condition to issuing or renewing a
pupil-activity program permit to coach interscholastic athletics:
| (1) |
The state board shall require each individual applying for a first permit on or
after April 26, 2013, to successfully complete a training program that is
specifically focused on brain trauma and brain injury management. |
| (2) |
The state board shall require each individual applying for a permit renewal on
or after that date to present evidence that the individual has successfully
completed, within the previous three years, a training program in recognizing
the symptoms of concussions and head injuries to which the department of health
has provided a link on its internet web site under section
3707.52 of the Revised Code or a
training program authorized and required by an organization that regulates
interscholastic athletic competition and conducts interscholastic athletic
events. |
|
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
130th General Assembly File No. 12, SB 26, §1,
eff. 5/28/2013.
Amended by
129th General AssemblyFile No.192, HB 143,
§1, eff.
4/26/2013.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 09-16-2004
Repealed by
128th General AssemblyFile No.9, HB 1,
§105.01, eff.
10/16/2009.
.
| (A) |
As used in this section and sections 3123.41 to
3123.50 and 3319.311 of the Revised Code, "license" means a certificate,
license, or permit described in this chapter or in division (B) of section
3301.071 or in section 3301.074 of the Revised Code. |
| (B) |
For any of the following reasons, the state board of education, in accordance
with Chapter 119. and section 3319.311 of the Revised Code, may refuse to issue
a license to an applicant; may limit a license it issues to an applicant; may
suspend, revoke, or limit a license that has been issued to any person; or may
revoke a license that has been issued to any person and has expired:
| (1) |
Engaging in an immoral act, incompetence, negligence, or conduct that is
unbecoming to the applicant's or person's position; |
| (2) |
A
plea of guilty to, a finding of guilt by a jury or court of, or a conviction of
any of the following:
| (a) |
A felony
other than a felony listed in division (C) of this section; |
| (b) |
An
offense of violence other than an offense of violence listed in division (C) of
this section; |
| (c) |
A theft
offense, as defined in section 2913.01 of the Revised Code, other than a theft
offense listed in division (C) of this section; |
| (d) |
A
drug abuse offense, as defined in section 2925.01 of the Revised Code, that is
not a minor misdemeanor, other than a drug abuse offense listed in division (C)
of this section; |
| (e) |
A violation
of an ordinance of a municipal corporation that is substantively comparable to
an offense listed in divisions (B)(2)(a) to (d) of this
section. |
|
| (3) |
A judicial
finding of eligibility for intervention in lieu of conviction under section
2951.041 of the Revised Code, or agreeing 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) or (C) of this section; |
| (4) |
Failure to comply with section 3313.536, 3314.40,
3319.313, 3326.24, 3328.19, or 5126.253 of the Revised
Code. |
|
| (C) |
Upon learning of a plea of guilty to, a finding of
guilt by a jury or court of, or a conviction of any of the offenses listed in
this division by a person who holds a current or expired license or is an
applicant for a license or renewal of a license, the state board or the
superintendent of public instruction, if the state board has delegated the duty
pursuant to division (D) of this section, shall by a written order revoke the
person's license or deny issuance or renewal of the license to the person. The
state board or the superintendent shall revoke a license that has been issued
to a person to whom this division applies and has expired in the same manner as
a license that has not expired. Revocation of a license
or denial of issuance or renewal of a license under this division is effective
immediately at the time and date that the board or superintendent issues the
written order and is not subject to appeal in accordance with Chapter 119. of
the Revised Code. Revocation of a license or denial of issuance or renewal of
license under this division remains in force during the pendency of an appeal
by the person of the plea of guilty, finding of guilt, or conviction that is
the basis of the action taken under this division. The state board or
superintendent shall take the action required by this division for a violation
of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code; a
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22, 2907.23, 2907.24,
2907.241, 2907.25, 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323,
2907.33, 2907.34, 2909.02, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02,
2911.11, 2911.12, 2913.44, 2917.01, 2917.02, 2917.03, 2917.31, 2917.33,
2919.12, 2919.121, 2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11,
2921.34, 2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23,
2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 of the Revised Code; a
violation of section 2905.04 of the Revised Code as it existed prior to July 1,
1996; a violation of section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date; felonious sexual
penetration in violation of former section 2907.12 of the Revised Code; or a
violation of an ordinance of a municipal corporation that is substantively
comparable to an offense listed in this paragraph.
|
| (D) |
The state board may delegate to the superintendent of public instruction the
authority to revoke a person's license or to deny issuance or renewal of a
license to a person under division (C) or (F) of this section. |
| (E) |
| (1) |
If
the plea of guilty, finding of guilt, or conviction that is the basis of the
action taken under division (B)(2) or (C) of this section, or under the version
of division (F) of section 3319.311 of the Revised Code in effect prior to
September 12, 2008, is overturned on appeal, upon exhaustion of the criminal
appeal, the clerk of the court that overturned the plea, finding, or conviction
or, if applicable, the clerk of the court that accepted an appeal from the
court that overturned the plea, finding, or conviction, shall notify the state
board that the plea, finding, or conviction has been overturned. Within thirty
days after receiving the notification, the state board shall initiate
proceedings to reconsider the revocation or denial of the person's license in
accordance with division (E)(2) of this section. In addition, the person whose
license was revoked or denied may file with the state board a petition for
reconsideration of the revocation or denial along with appropriate court
documents. |
| (2) |
Upon receipt of a court notification or a petition
and supporting court documents under division (E)(1) of this section, the state
board, after offering the person an opportunity for an adjudication hearing
under Chapter 119. of the Revised Code, shall determine whether the person
committed the act in question in the prior criminal action against the person
that is the basis of the revocation or denial and may continue the revocation
or denial, may reinstate the person's license, with or without limits, or may
grant the person a new license, with or without limits. The decision of the
board shall be based on grounds for revoking, denying, suspending, or limiting
a license adopted by rule under division (G) of this section and in accordance
with the evidentiary standards the board employs for all other licensure
hearings. The decision of the board under this division is subject to appeal
under Chapter 119. of the Revised Code. |
| (3) |
A
person whose license is revoked or denied under division (C) of this section
shall not apply for any license if the plea of guilty, finding of guilt, or
conviction that is the basis of the revocation or denial, upon completion of
the criminal appeal, either is upheld or is overturned but the state board
continues the revocation or denial under division (E)(2) of this section and
that continuation is upheld on final appeal. |
|
| (F) |
The state board may take action under division (B) of this section, and the
state board or the superintendent shall take the action required under division
(C) of this section, on the basis of substantially comparable conduct occurring
in a jurisdiction outside this state or occurring before a person applies for
or receives any license. |
| (G) |
The state board may adopt rules in accordance with Chapter 119. of the Revised
Code to carry out this section and section 3319.311 of the Revised
Code. |
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date:
06-09-2004; 09-16-2004; 2007 HB119 09-29-2007; 2007 HB190 11-14-2007; 2008
HB428 09-12-2008
| (A) |
As used in
this section and sections
3123.41 to
3123.50
and
3319.311 of the
Revised Code, "license" means a certificate, license, or permit described in
this chapter or in division (B) of section
3301.071
or in section
3301.074
of the Revised Code. |
| (B) |
For any of
the following reasons, the state board of education, in accordance with Chapter
119. and section
3319.311 of the
Revised Code, may refuse to issue a license to an applicant; may limit a
license it issues to an applicant; may suspend, revoke, or limit a license that
has been issued to any person; or may revoke a license that has been issued to
any person and has expired:
| (1) |
Engaging in
an immoral act, incompetence, negligence, or conduct that is unbecoming to the
applicant's or person's position; |
| (2) |
A
plea of guilty to, a finding of guilt by a jury or court of, or a conviction of
any of the following:
| (a) |
A felony
other than a felony listed in division (C) of this section; |
| (b) |
An
offense of violence other than an offense of violence listed in division (C) of
this section; |
| (c) |
A theft
offense, as defined in section
2913.01
of the Revised Code, other than a theft offense listed in division (C) of this
section; |
| (d) |
A drug abuse
offense, as defined in section
2925.01
of the Revised Code, that is not a minor misdemeanor, other than a drug abuse
offense listed in division (C) of this section; |
| (e) |
A
violation of an ordinance of a municipal corporation that is substantively
comparable to an offense listed in divisions (B)(2)(a) to (d) of this
section. |
|
| (3) |
A judicial
finding of eligibility for intervention in lieu of conviction under section
2951.041
of the Revised Code, or agreeing 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) or (C) of this section; |
|
| (C) |
Upon
learning of a plea of guilty to, a finding of guilt by a jury or court of, or a
conviction of any of the offenses listed in this division by a person who holds
a current or expired license or is an applicant for a license or renewal of a
license, the state board or the superintendent of public instruction, if the
state board has delegated the duty pursuant to division (D) of this section,
shall by a written order revoke the person's license or deny issuance or
renewal of the license to the person. The state board or the superintendent
shall revoke a license that has been issued to a person to whom this division
applies and has expired in the same manner as a license that has not expired. Revocation of a license
or denial of issuance or renewal of a license under this division is effective
immediately at the time and date that the board or superintendent issues the
written order and is not subject to appeal in accordance with Chapter 119. of
the Revised Code. Revocation of a license or denial of issuance or renewal of
license under this division remains in force during the pendency of an appeal
by the person of the plea of guilty, finding of guilt, or conviction that is
the basis of the action taken under this division. The state board or
superintendent shall take the action required by this division for a violation
of division (B)(1), (2), (3), or (4) of section
2919.22 of
the Revised Code; a violation of section
2903.01,
2903.02,
2903.03,
2903.04,
2903.041,
2903.11,
2903.12,
2903.15,
2905.01,
2905.02,
2905.05,
2905.11,
2907.02,
2907.03,
2907.04,
2907.05,
2907.06,
2907.07,
2907.21,
2907.22,
2907.23,
2907.24,
2907.241,
2907.25,
2907.31,
2907.311,
2907.32,
2907.321,
2907.322,
2907.323,
2907.33,
2907.34,
2909.02,
2909.22,
2909.23,
2909.24,
2911.01,
2911.02,
2911.11,
2911.12,
2913.44,
2917.01,
2917.02,
2917.03,
2917.31,
2917.33,
2919.12,
2919.121,
2919.13,
2921.02,
2921.03,
2921.04,
2921.05,
2921.11,
2921.34,
2921.41,
2923.122,
2923.123,
2923.161,
2923.17,
2923.21,
2925.02,
2925.03,
2925.04,
2925.041,
2925.05,
2925.06,
2925.13,
2925.22,
2925.23,
2925.24,
2925.32,
2925.36,
2925.37,
2927.24,
or
3716.11
of the Revised Code; a violation of section
2905.04 of the Revised
Code as it existed prior to July 1, 1996; a violation of section
2919.23
of the Revised Code that would have been a violation of section
2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been committed
prior to that date; felonious sexual penetration in violation of former section
2907.12 of the Revised
Code; or a violation of an ordinance of a municipal corporation that is
substantively comparable to an offense listed in this paragraph.
|
| (D) |
The state
board may delegate to the superintendent of public instruction the authority to
revoke a person's license or to deny issuance or renewal of a license to a
person under division (C) or (F) of this section. |
| (E) |
| (1) |
If
the plea of guilty, finding of guilt, or conviction that is the basis of the
action taken under division (B)(2) or (C) of this section, or under the version
of division (F) of section
3319.311 of the
Revised Code in effect prior to September 12, 2008, is overturned on appeal,
upon exhaustion of the criminal appeal, the clerk of the court that overturned
the plea, finding, or conviction or, if applicable, the clerk of the court that
accepted an appeal from the court that overturned the plea, finding, or
conviction, shall notify the state board that the plea, finding, or conviction
has been overturned. Within thirty days after receiving the notification, the
state board shall initiate proceedings to reconsider the revocation or denial
of the person's license in accordance with division (E)(2) of this section. In
addition, the person whose license was revoked or denied may file with the
state board a petition for reconsideration of the revocation or denial along
with appropriate court documents. |
| (2) |
Upon receipt of a court notification or a petition and supporting court
documents under division (E)(1) of this section, the state board, after
offering the person an opportunity for an adjudication hearing under Chapter
119. of the Revised Code, shall determine whether the person committed the act
in question in the prior criminal action against the person that is the basis
of the revocation or denial and may continue the revocation or denial, may
reinstate the person's license, with or without limits, or may grant the person
a new license, with or without limits. The decision of the board shall be based
on grounds for revoking, denying, suspending, or limiting a license adopted by
rule under division (G) of this section and in accordance with the evidentiary
standards the board employs for all other licensure hearings. The decision of
the board under this division is subject to appeal under Chapter 119. of the
Revised Code. |
| (3) |
A person
whose license is revoked or denied under division (C) of this section shall not
apply for any license if the plea of guilty, finding of guilt, or conviction
that is the basis of the revocation or denial, upon completion of the criminal
appeal, either is upheld or is overturned but the state board continues the
revocation or denial under division (E)(2) of this section and that
continuation is upheld on final appeal. |
|
| (F) |
The
state board may take action under division (B) of this section, and the state
board or the superintendent shall take the action required under division (C)
of this section, on the basis of substantially comparable conduct occurring in
a jurisdiction outside this state or occurring before a person applies for or
receives any license. |
| (G) |
The state
board may adopt rules in accordance with Chapter 119. of the Revised Code to
carry out this section and section
3319.311 of the
Revised Code. |
Amended by
133rd General Assembly File No. TBD, HB 123, §1, eff.
3/24/2021.
Amended by
130th General Assembly File No. TBD, HB 487, §1,
eff. 9/17/2014.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date:
06-09-2004; 09-16-2004; 2007 HB119 09-29-2007; 2007 HB190 11-14-2007; 2008
HB428 09-12-2008
| (A) |
| (1) |
The state
board of education, or the superintendent of public instruction on behalf of
the board, may investigate any information received about a person that
reasonably appears to be a basis for action under section
3319.31 of the Revised Code,
including information received pursuant to section
3314.40,
3319.291,
3319.313,
3326.24, 3328.19, 5126.253, or
5153.176 of the Revised Code.
Except as provided in division (A)(2) of this section, the board shall contract
with the office of the Ohio attorney general to conduct any investigation of
that nature. The board shall pay for the costs of the contract only from moneys
in the state board of education licensure fund established under section
3319.51 of the Revised Code.
Except as provided in division (A)(2) of this section, all information received
pursuant to section
3314.40,
3319.291,
3319.313,
3326.24, 3328.19, 5126.253, or
5153.176 of the Revised Code, and
all information obtained during an investigation is confidential and is not a
public record under section
149.43 of the Revised Code. If an
investigation is conducted under this division regarding information received
about a person and no action is taken against the person under this section or
section 3319.31 of the Revised Code within
two years of the completion of the investigation, all records of the
investigation shall be expunged. |
| (2) |
In the case of a person about whom the board has
learned of a plea of guilty to, finding of guilt by a jury or court of, or a
conviction of an offense listed in division (C) of section
3319.31 of the Revised Code, or
substantially comparable conduct occurring in a jurisdiction outside this
state, the board or the superintendent of public instruction need not conduct
any further investigation and shall take the action required by division (C) or
(F) of that section. Except as provided in division (G) of this section, all
information obtained by the board or the superintendent of public instruction
pertaining to the action is a public record under section
149.43 of the Revised
Code. |
|
| (B) |
The superintendent of public instruction shall
review the results of each investigation of a person conducted under division
(A)(1) of this section and shall determine, on behalf of the state board,
whether the results warrant initiating action under division (B) of section
3319.31 of the Revised Code. The
superintendent shall advise the board of such determination at a meeting of the
board. Within fourteen days of the next meeting of the board, any member of the
board may ask that the question of initiating action under section
3319.31 of the Revised Code be
placed on the board's agenda for that next meeting. Prior to initiating that
action against any person, the person's name and any other personally
identifiable information shall remain confidential. |
| (C) |
The board shall take no action against a person
under division (B) of section
3319.31 of the Revised Code
without providing the person with written notice of the charges and with an
opportunity for a hearing in accordance with Chapter 119. of the Revised
Code. |
| (D) |
For purposes of an investigation under division
(A)(1) of this section or a hearing under division (C) of this section or under
division (E)(2) of section
3319.31 of the Revised Code, the
board, or the superintendent on behalf of the board, may administer oaths,
order the taking of depositions, issue subpoenas, and compel the attendance of
witnesses and the production of books, accounts, papers, records, documents,
and testimony. The issuance of subpoenas under this division may be by
certified mail or personal delivery to the person. |
| (E) |
The superintendent, on behalf of the board, may
enter into a consent agreement with a person against whom action is being taken
under division (B) of section
3319.31 of the Revised Code. The
board may adopt rules governing the superintendent's action under this
division. |
| (F) |
No surrender of a license shall be effective until
the board takes action to accept the surrender unless the surrender is pursuant
to a consent agreement entered into under division (E) of this
section. |
| (G) |
The name of any person who is not required to
report information under section
3314.40,
3319.313,
3326.24, 3328.19, 5126.253, or
5153.176 of the Revised Code, but
who in good faith provides information to the state board or superintendent of
public instruction about alleged misconduct committed by a person who holds a
license or has applied for issuance or renewal of a license, shall be
confidential and shall not be released. Any such person shall be immune from
any civil liability that otherwise might be incurred or imposed for injury,
death, or loss to person or property as a result of the provision of that
information. |
| (H) |
| (1) |
No person
shall knowingly make a false report to the superintendent of public instruction
or the state board of education alleging misconduct by an employee of a public
or chartered nonpublic school or an employee of the operator of a community
school established under Chapter 3314. or a
college-preparatory boarding school established under Chapter 3328. of
the Revised Code. |
| (2) |
| (a) |
In any
civil action brought against a person in which it is alleged and proved that
the person violated division (H)(1) of this section, the court shall award the
prevailing party reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report that was the
basis of the violation. |
| (b) |
If a person is convicted of or pleads guilty to a
violation of division (H)(1) of this section, if the subject of the false
report that was the basis of the violation was charged with any violation of a
law or ordinance as a result of the false report, and if the subject of the
false report is found not to be guilty of the charges brought against the
subject as a result of the false report or those charges are dismissed, the
court that sentences the person for the violation of division (H)(1) of this
section, as part of the sentence, shall order the person to pay restitution to
the subject of the false report, in an amount equal to reasonable attorney's
fees and costs that the subject of the false report incurred as a result of or
in relation to the charges. |
|
|
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date:
06-09-2004; 03-30-2007; 2008 HB428 09-12-2008.
On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
state board of education shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a certificate or permit issued pursuant to this chapter.
Effective Date:
03-22-2001.
| (A) |
As used in
this section:
| (1) |
"Conduct unbecoming to the
teaching profession" shall be as described in rules adopted by the state board
of education. |
| (2) |
"Intervention in
lieu of conviction" means intervention in lieu of conviction under section
2951.041 of the Revised Code.
|
| (3) |
"License" has the same meaning
as in section
3319.31 of the Revised Code.
|
| (4) |
"Pre-trial diversion program"
means a pre-trial diversion program under section
2935.36 of the Revised Code or a
similar diversion program under rules of a court. |
|
| (B) |
The superintendent of each school
district and each educational service center or the president of the district
or service center board, if division (C)(1) of this section applies, and the
chief administrator of each chartered nonpublic school or the president or
chairperson of the governing authority of the nonpublic school, if division
(C)(2) of this section applies, shall promptly submit to the superintendent of
public instruction the information prescribed in division (D) of this section
when any of the following conditions applies to an employee of the district,
service center, or nonpublic school who holds a license issued by the state
board of education:
| (1) |
The superintendent,
chief administrator, president, or chairperson knows that the employee has
pleaded guilty to, has been found guilty by a jury or court of, has been
convicted of, has been found to be eligible for intervention in lieu of
conviction for, or has agreed to participate in a pre-trial diversion program
for an offense described in division (B)(2) or (C) of section
3319.31 or division (B)(1) of
section 3319.39 of the Revised Code;
|
| (2) |
The district board of
education, service center governing board, or nonpublic school chief
administrator or governing authority has initiated termination or nonrenewal
proceedings against, has terminated, or has not renewed the contract of the
employee because the board of education, governing board, or chief
administrator has reasonably determined that the employee has committed an act
that is unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section
3319.31 or division (B)(1) of
section 3319.39 of the Revised Code;
|
| (3) |
The employee has resigned under
threat of termination or nonrenewal as described in division (B)(2) of this
section; |
| (4) |
The employee has
resigned because of or in the course of an investigation by the board of
education, governing board, or chief administrator regarding whether the
employee has committed an act that is unbecoming to the teaching profession or
an offense described in division (B)(2) or (C) of section
3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
|
|
| (C) |
| (1) |
If the employee to whom any of the conditions
prescribed in divisions (B)(1) to (4) of this section applies is the
superintendent or treasurer of a school district or educational service center,
the president of the board of education of the school district or of the
governing board of the educational service center shall make the report
required under this section. |
| (2) |
If the employee to whom any of the conditions prescribed in divisions (B)(1) to
(4) of this section applies is the chief administrator of a chartered nonpublic
school, the president or chairperson of the governing authority of the
chartered nonpublic school shall make the report required under this section.
|
|
| (D) |
If a report is
required under this section, the superintendent, chief administrator,
president, or chairperson shall submit to the superintendent of public
instruction the name and social security number of the employee about whom the
information is required and a factual statement regarding any of the conditions
prescribed in divisions (B)(1) to (4) of this section that applies to the
employee. |
| (E) |
A determination
made by the board of education, governing board, chief administrator, or
governing authority as described in division (B)(2) of this section or a
termination, nonrenewal, resignation, or other separation described in
divisions (B)(2) to (4) of this section does not create a presumption of the
commission or lack of the commission by the employee of an act unbecoming to
the teaching profession or an offense described in division (B)(2) or (C) of
section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
|
| (F) |
No individual required to
submit a report under division (B) of this section shall knowingly fail to
comply with that division. |
| (G) |
An
individual who provides information to the superintendent of public instruction
in accordance with this section in good faith shall be immune from any civil
liability that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that information.
|
Effective Date:
03-30-2007; 2008
HB428 09-12-2008
.
The board of education of each school district, the governing
board of each educational service center, and the chief administrator of each
chartered nonpublic school shall require that the reports of any investigation
by the district board of education, service center governing board, or
nonpublic school chief administrator of an employee regarding whether the
employee has committed an act or offense for which the district or service
center superintendent or board president or nonpublic school chief
administrator or governing authority president or chairperson is required to
make a report to the superintendent of public instruction under section
3319.313 of the Revised Code be
kept in the employee's personnel file. If, after an investigation under
division (A) of section
3319.311 of the Revised Code, the
superintendent of public instruction determines that the results of that
investigation do not warrant initiating action under section
3319.31 of the Revised Code, the
board of education, governing board, or chief administrator shall require the
reports of the board's or chief administrator's investigation to be moved from
the employee's personnel file to a separate public file.
Effective Date:
03-30-2007; 2008
HB428 09-12-2008
.
Notwithstanding any provision to the contrary in Chapter 4117.
of the Revised Code, the provisions of sections
3319.313 and
3319.314 of the Revised Code
prevail over any conflicting provisions of a collective bargaining agreement or
contract for employment entered into after the effective date of this section.
Effective Date:
03-30-2007.
The department of education, on behalf of the state board of
education, shall be a participating public office for purposes of the retained
applicant fingerprint database established under section
109.5721 of the Revised Code and
shall receive notification from the bureau of criminal identification and
investigation of the arrest or conviction of persons to whom the state board
has issued a license, as defined in section
3319.31 of the Revised Code.
Effective Date: 2008 HB428
09-12-2008.
| (A) |
As used in
this section, "license" has the same meaning as in section
3319.31 of the Revised Code.
|
| (B) |
No employee of a school
district or educational service center shall do either of the following:
| (1) |
Knowingly make a false report to the
district or service center superintendent, or the superintendent's designee,
alleging misconduct by another employee of the district or service center;
|
| (2) |
Knowingly cause the district or
service center superintendent, or the superintendent's designee, to make a
false report of the alleged misconduct to the superintendent of public
instruction or the state board of education. |
|
| (C) |
Any employee of a school district or educational
service center who in good faith reports to the district or service center
superintendent, or the superintendent's designee, information about alleged
misconduct committed by another employee of the district or service center
shall be immune from any civil liability that otherwise might be incurred or
imposed for injury, death, or loss to person or property as a result of the
reporting of that information. If the alleged misconduct involves a person who
holds a license but the district or service center superintendent is not
required to submit a report to the superintendent of public instruction under
section 3319.313 of the Revised Code and
the district or service center superintendent, or the superintendent's
designee, in good faith reports the alleged misconduct to the superintendent of
public instruction or the state board, the district or service center
superintendent, or the superintendent's designee, shall be immune from any
civil liability that otherwise might be incurred or imposed for injury, death,
or loss to person or property as a result of the reporting of that information.
|
| (D) |
No employee of a chartered
nonpublic school shall do either of the following:
| (1) |
Knowingly make a false report to the
chief administrator of the school, or the chief administrator's designee,
alleging misconduct by another employee of the school; |
| (2) |
Knowingly cause the chief administrator,
or the chief administrator's designee, to make a false report of the alleged
misconduct to the superintendent of public instruction or the state board.
|
|
| (E) |
Any employee of a
chartered nonpublic school who in good faith reports to the chief administrator
of the school, or the chief administrator's designee, information about alleged
misconduct committed by another employee of the school shall be immune from any
civil liability that otherwise might be incurred or imposed for injury, death,
or loss to person or property as a result of the reporting of that information.
If the alleged misconduct involves a person who holds a license but the chief
administrator is not required to submit a report to the superintendent of
public instruction under section
3319.313 of the Revised Code and
the chief administrator, or the chief administrator's designee, in good faith
reports the alleged misconduct to the superintendent of public instruction or
the state board, the chief administrator, or the chief administrator's
designee, shall be immune from any civil liability that otherwise might be
incurred or imposed for injury, death, or loss to person or property as a
result of the reporting of that information. |
| (F) |
| (1) |
In any
civil action brought against a person in which it is alleged and proved that
the person violated division (B) or (D) of this section, the court shall award
the prevailing party reasonable attorney's fees and costs that the prevailing
party incurred in the civil action or as a result of the false report that was
the basis of the violation. |
| (2) |
If a person is convicted of or pleads guilty to a violation of division (B) or
(D) of this section, if the subject of the false report that was the basis of
the violation was charged with any violation of a law or ordinance as a result
of the false report, and if the subject of the false report is found not to be
guilty of the charges brought against the subject as a result of the false
report or those charges are dismissed, the court that sentences the person for
the violation of division (B) or (D) of this section, as part of the sentence,
shall order the person to pay restitution to the subject of the false report,
in an amount equal to reasonable attorney's fees and costs that the subject of
the false report incurred as a result of or in relation to the charges.
|
|
Effective Date: 2008 HB428
09-12-2008.
Boards of education shall require all teachers and
superintendents to keep the school records and to prepare reports in such
manner as to enable the preparation of the annual reports required by law and
shall withhold the pay of such teachers and superintendents who fail to file
the reports required of them. The records of each school, in addition to all
other requirements, shall be so kept as to exhibit the names of all pupils
enrolled therein, the studies pursued, the character of the work done and the
standing of each pupil; and these records shall be as nearly uniform throughout
the state as practicable. Nothing in this section shall require any person to
release, or to permit access to, public school records in violation of section
3319.321 of the Revised Code.
Effective Date:
08-24-1976.
| (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.
|
Effective Date:
09-14-1995; 2006 HB9
09-29-2007.
The principal or chief administrative officer of each public
school shall request any person authorized to take photographs of students of
the school, to provide one wallet size photograph, free of charge, to the
school for inclusion in the school's student files. The principal or chief
administrative officer shall indicate that the request is being made in order
that the school has a current photograph of a child that could be shown to a
law enforcement officer if the child is or could be a missing child, as defined
in section
2901.30 of the Revised Code. The
principal or chief administrative officer also shall indicate that the request
is being made pursuant to this section, but that this section does not require
the photographer to comply. This section does not preclude the principal or
chief administrative officer of a school or any other authorized school
official dealing with a photographer from agreeing as a part of a contractual
or other agreement with a photographer that a wallet or other size photograph
shall be provided to the school as a condition to the taking of student
photographs.
Effective Date:
04-09-1985.
During the course of transferring a student's record to
an educational institution for a legitimate educational purpose as specified
under division (C) of section
3319.321 of the Revised Code, no
school district or school shall alter, truncate, or redact any part of a
student's record so that any information on the student's record is rendered
unreadable or unintelligible.
Added by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
On or before the first day of August in each year, the board of
education of each city, exempted village, and local school district shall
report to the state board of education the school statistics of its district.
Such report shall be made on forms furnished by the state board of education
and shall contain such information as the state board of education requires.
The report shall also set forth with respect to each civil proceeding in which
the board of education is a defendant and each civil proceeding in which the
board of education is a party and is not a defendant and in which one of the
other parties is a board of education in this state or an officer, board, or
official of this state:
| (A) |
The
nature of the proceeding; |
| (B) |
The
capacity in which the board is a party to the proceeding; |
| (C) |
The total expenses incurred by the board with
respect to the proceeding; |
| (D) |
The total expenses incurred by the board with respect to the proceeding during
the reporting period. Divisions (A) to (D) of this section do not apply to any
proceeding for which no expenses have been incurred during the reporting
period. The board of education of each city , exempted village, and local
school district may prepare and publish annually a report of the condition and
administration of the schools under its supervision which shall include therein
an exhibit of the financial affairs of the district and the information
required in divisions (A) to (D) of this section. Such annual report shall be
for a full year.
|
Effective Date: 2003 HB95
09-26-2003.
Effective Date:
09-26-2003.
If the superintendent or treasurer of any school district or
educational service center fails to prepare any required report, that
superintendent shall be liable in the sum of three hundred dollars, to be
recovered by a civil action. In the case of reports required to be submitted to
the superintendent, such action shall be instituted in the name of the
governing board of the service center upon the complaint of the service center
superintendent and the amount collected shall be paid into the service center's
general fund. In the case of reports to be submitted to the state board of
education, the action shall be instituted in the name of the state on complaint
of the board and the amount collected shall be paid into the general revenue
fund.
Effective Date:
09-29-1995.
| (A) |
No treasurer
of a board of education or educational service center shall draw a check for
the payment of a teacher for services until both of the following
conditions are satisfied:
| (1) |
The
treasurer receives a written statement from the district or service center
superintendent, or superintendent's designee, that the teacher has filed with
the superintendent or designee such reports as are required by the state
board of education, the school district board of education, or the
district or service center superintendent
; |
| (2) |
Except in the
case of a teacher who is engaged pursuant to section
3319.301
of the Revised Code, the treasurer receives a
written statement from the district or service
center superintendent or the superintendent's designee that the teacher has filed
with the superintendent or designee a legal educator
license, or true copy of it, to teach the subjects or grades taught, with the
dates of its validity. The state board of education shall prescribe the record
and administration for such filing of educator licenses in educational service
centers. Prior to filing the written statements prescribed by
divisions (A)(1) and (2) of this section, each teacher shall file the required
reports and license with the district or service center superintendent or
superintendent's designee.
|
|
| (B) |
Notwithstanding division (A) of this section, the treasurer may pay any of the
following:
| (1) |
Any teacher
for services rendered during the first two months of the teacher's initial
employment with the school district or educational service center, provided
such teacher is the holder of a bachelor's degree or higher and has filed with
the state board of education an application for the issuance of an educator
license described in division (A)(1) of section
3319.22
of the Revised Code. The requirement for a bachelor's degree shall not apply to
career-technical education teachers licensed under sections
3319.226
and
3319.229
of the Revised Code. |
| (2) |
Any
substitute teacher for services rendered while conditionally employed under
section
3319.101
of the Revised Code. |
| (3) |
Any employee
for services rendered under division (F) of section
3319.088
of the Revised Code. |
|
| (C) |
Upon notice to the treasurer given by the state board of education or any
superintendent having jurisdiction that reports required of a teacher have not
been made, the treasurer shall withhold the salary of the teacher until the
required reports are completed and furnished. |
| (D) |
No treasurer of a board of education or educational
service center shall be liable for a loss of public funds for any payments to a
teacher that are made by the treasurer in compliance with this section, unless
the loss results from the treasurer's negligence or other wrongful
act. |
| (E) |
No superintendent of a school district or educational
service center or the superintendent's designee shall be liable for a loss of
public funds for any payments to a teacher that are made by the district or
service center treasurer in compliance with this section, unless the loss
results from the superintendent's negligence or other wrongful
act. |
Amended by
132nd General Assembly File No. TBD, HB 491, §1,
eff. 3/20/2019.
Amended by
132nd General Assembly File No. TBD, HB 98, §1,
eff. 6/29/2018.
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 06-09-2004
.
| (A) |
The state board of education shall establish rules for
the issuance of a supplemental teaching license. This license shall be issued
at the request of the superintendent of a city, local, exempted village, or
joint vocational school district, educational service center, or the governing
authority of a STEM school, chartered nonpublic school, or community school to
an individual who meets all of the following criteria:
| (1) |
Holds a current professional or permanent Ohio
teaching certificate or resident educator license, professional educator
license, senior professional educator license, or lead professional educator
license, as issued under section
3319.22
or
3319.26
of the Revised Code; |
| (2) |
Is of good moral character; |
| (3) |
Is employed in a supplemental licensure area or
teaching field, as defined by the state board; |
| (4) |
Completes an examination prescribed by the state board
in the licensure area; |
| (5) |
Completes, while employed under the supplemental
teaching license and subsequent renewals thereof, additional coursework, if
applicable, and testing requirements for full licensure in the supplemental
area as a condition of holding and teaching under a supplemental teaching
license. |
|
| (B) |
The employing school district, service center, or
school shall assign a mentor to the individual holding a supplemental teaching
license. The assigned mentor shall be an experienced teacher who currently
holds a license in the same, or a related, content area as the supplemental
license. |
| (C) |
Before the department of education will issue an
individual a supplemental teaching license in another area, the supplemental
licensee must complete the supplemental licensure program, or its equivalent,
and be issued a standard teaching license in the area of the currently held
supplemental license. |
| (D) |
An individual may advance from a supplemental teaching
license to a standard teaching license upon:
| (1) |
Verification from the employing superintendent or
governing authority that the individual holding the supplemental teaching
license has taught successfully in the licensure area for a minimum of two
years; and |
| (2) |
Completing requirements as applicable to the licensure
area or teaching field as established by the state board. |
|
| (E) |
A licensee who has filed an application under this
section may work in the supplemental licensure area for up to sixty school days
while completing the requirements in division (A)(4) of this section. If the
requirements are not completed within sixty days, the application shall be
declined. |
Added by
132nd General Assembly File No. TBD, SB 216, §1,
eff.
11/2/2018.
Upon the neglect or failure of a treasurer or executive head of
the schools of any district within the educational service center to make the
required reports, by the time specified, the superintendent of the service
center must appoint some suitable person to make such reports, who shall
receive a reasonable compensation therefore to be paid from the service
center's general fund. The amount of such compensation shall be withheld by the
county auditor from the funds due such district at the time of the next tax
settlement and be credited to the service center's general fund.
Effective Date:
09-29-1995.
| (A) |
| (1) |
Except as
provided in division (F)(2)(b) of section
109.57 of the Revised Code, the
appointing or hiring officer of the board of education of a school district,
the governing board of an educational service center, or of a chartered
nonpublic school shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records check with
respect to any applicant who has applied to the school district, educational
service center, or school for employment in any position. The appointing or
hiring officer shall request that the superintendent include information from
the federal bureau of investigation in the criminal records check, unless all
of the following apply to the applicant:
| (a) |
The applicant is applying to be an instructor of adult education. |
| (b) |
The duties of the position for which the applicant is applying do not involve
routine interaction with a child or regular responsibility for the care,
custody, or control of a child or, if the duties do involve such interaction or
responsibility, during any period of time in which the applicant, if hired, has
such interaction or responsibility, another employee of the school district,
educational service center, or chartered nonpublic school will be present in
the same room with the child or, if outdoors, will be within a thirty-yard
radius of the child or have visual contact with the child. |
| (c) |
The applicant presents proof that the applicant has been a resident of this
state for the five-year period immediately prior to the date upon which the
criminal records check is requested or provides evidence that within that
five-year period the superintendent has requested information about the
applicant from the federal bureau of investigation in a criminal records
check. |
|
| (2) |
A person required by division (A)(1) of this
section to request a criminal records check shall provide to each applicant a
copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code,
provide to each applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain
the completed form and impression sheet from each applicant, and forward the
completed form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the person requests a
criminal records check pursuant to division (A)(1) of this section. |
| (3) |
An applicant who receives pursuant to division
(A)(2) of this section a copy of the form prescribed pursuant to division
(C)(1) of section
109.572 of the Revised Code and a
copy of an impression sheet prescribed pursuant to division (C)(2) of that
section and who is requested to complete the form and provide a set of
fingerprint impressions shall complete the form or provide all the information
necessary to complete the form and shall provide the impression sheet with the
impressions of the applicant's fingerprints. If an applicant, upon request,
fails to provide the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the board of education of
a school district, governing board of an educational service center, or
governing authority of a chartered nonpublic school shall not employ that
applicant for any position. |
| (4) |
Notwithstanding any provision of this section to the contrary, an applicant who
meets the conditions prescribed in divisions (A)(1)(a) and (b) of this section
and who, within the two-year period prior to the date of application, was the
subject of a criminal records check under this section prior to being hired for
short-term employment with the school district, educational service center, or
chartered nonpublic school to which application is being made shall not be
required to undergo a criminal records check prior to the applicant's rehiring
by that district, service center, or school. |
|
| (B) |
| (1) |
Except as
provided in rules adopted by the department of education in accordance with
division (E) of this section and as provided in division (B)(3) of this
section, no board of education of a school district, no governing board of an
educational service center, and no governing authority of a chartered nonpublic
school shall employ a person if the person previously has been convicted of or
pleaded guilty to any of the following:
| (a) |
A violation of section
2903.01,
2903.02,
2903.03,
2903.04,
2903.11,
2903.12,
2903.13,
2903.16,
2903.21,
2903.34,
2905.01,
2905.02,
2905.05,
2907.02,
2907.03,
2907.04,
2907.05,
2907.06,
2907.07,
2907.08,
2907.09,
2907.21,
2907.22,
2907.23,
2907.25,
2907.31,
2907.32,
2907.321,
2907.322,
2907.323,
2911.01,
2911.02,
2911.11,
2911.12,
2919.12,
2919.22,
2919.24,
2919.25,
2923.12,
2923.13,
2923.161,
2925.02,
2925.03,
2925.04,
2925.05,
2925.06, or
3716.11 of the Revised Code, a
violation of section
2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that
would have been a violation of section
2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation been committed prior to that
date, a violation of section
2925.11 of the Revised Code that
is not a minor drug possession offense, or felonious sexual penetration in
violation of former section
2907.12 of the Revised
Code; |
| (b) |
A
violation of an existing or former law of this state, another state, or the
United States that is substantially equivalent to any of the offenses or
violations described in division (B)(1)(a) of this section. |
|
| (2) |
A board, governing board of an educational service
center, or a governing authority of a chartered nonpublic school may employ an
applicant conditionally until the criminal records check required by this
section is completed and the board or governing authority receives the results
of the criminal records check. If the results of the criminal records check
indicate that, pursuant to division (B)(1) of this section, the applicant does
not qualify for employment, the board or governing authority shall release the
applicant from employment. |
| (3) |
No board and no governing authority of a chartered
nonpublic school shall employ a teacher who previously has been convicted of or
pleaded guilty to any of the offenses listed in section
3319.31 of the Revised
Code. |
|
| (C) |
| (1) |
Each board
and each governing authority of a chartered nonpublic school shall pay to the
bureau of criminal identification and investigation the fee prescribed pursuant
to division (C)(3) of section
109.572 of the Revised Code for
each criminal records check conducted in accordance with that section upon the
request pursuant to division (A)(1) of this section of the appointing or hiring
officer of the board or governing authority. |
| (2) |
A board and the governing authority of a chartered
nonpublic school may charge an applicant a fee for the costs it incurs in
obtaining a criminal records check under this section. A fee charged under this
division shall not exceed the amount of fees the board or governing authority
pays under division (C)(1) of this section. If a fee is charged under this
division, the board or governing authority shall notify the applicant at the
time of the applicant's initial application for employment of the amount of the
fee and that, unless the fee is paid, the board or governing authority will not
consider the applicant for employment. |
|
| (D) |
The report of any criminal records check conducted
by the bureau of criminal identification and investigation in accordance with
section 109.572 of the Revised Code and
pursuant to a request under division (A)(1) of this section is not a public
record for the purposes of section
149.43 of the Revised Code and
shall not be made available to any person other than the applicant who is the
subject of the criminal records check or the applicant's representative, the
board or governing authority requesting the criminal records check or its
representative, and any court, hearing officer, or other necessary individual
involved in a case dealing with the denial of employment to the
applicant. |
| (E) |
The department of education shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which the board or governing
authority may hire a person who has been convicted of an offense listed in
division (B)(1) or (3) of this section but who meets standards in regard to
rehabilitation set by the department. The department shall
amend rule 3301-83-23 of the Ohio Administrative Code that took effect August
27, 2009, and that specifies the offenses that disqualify a person for
employment as a school bus or school van driver and establishes rehabilitation
standards for school bus and school van drivers.
|
| (F) |
Any person required by division (A)(1) of this
section to request a criminal records check shall inform each person, at the
time of the person's initial application for employment, of the requirement to
provide a set of fingerprint impressions and that a criminal records check is
required to be conducted and satisfactorily completed in accordance with
section 109.572 of the Revised Code if the
person comes under final consideration for appointment or employment as a
precondition to employment for the school district, educational service center,
or school for that position. |
| (G) |
As used in this section:
| (1) |
"Applicant" means a person who is under final consideration for appointment or
employment in a position with a board of education, governing board of an
educational service center, or a chartered nonpublic school, except that
"applicant" does not include a person already employed by a board or chartered
nonpublic school who is under consideration for a different position with such
board or school. |
| (2) |
"Teacher" means a person holding an educator license or permit issued under
section 3319.22 or
3319.301 of the Revised Code and
teachers in a chartered nonpublic school. |
| (3) |
"Criminal records check" has the same meaning as in section
109.572 of the Revised
Code. |
| (4) |
"Minor
drug possession offense" has the same meaning as in section
2925.01 of the Revised
Code. |
|
| (H) |
If the board of education of a local school
district adopts a resolution requesting the assistance of the educational
service center in which the local district has territory in conducting criminal
records checks of substitute teachers and substitutes for other district
employees under this section, the appointing or hiring officer of such
educational service center shall serve for purposes of this section as the
appointing or hiring officer of the local board in the case of hiring
substitute teachers and other substitute employees for the local
district. |
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.16, HB 19,
§1, eff.
3/29/2010.
Effective Date:
06-09-2004; 2007 SB97 01-01-2007; 2007 HB190 11-14-2007; 2008 HB428 09-12-2008
.
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. |
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
1/1/2010.
Effective Date: 2007 HB190
11-14-2007; 2008 HB428 09-12-2008
| (A) |
As used in
this section:
| (1) |
"Designated official" means
the superintendent, or the superintendent's designee, in the case of a school
district or educational service center and the chief administrator, or the
chief administrator's designee, in the case of a chartered nonpublic school.
|
| (2) |
"Essential school services"
means services provided by a private company under contract with a school
district, educational service center, or chartered nonpublic school that the
district or service center superintendent or the chief administrator of the
chartered nonpublic school has determined are necessary for the operation of
the district, service center, or chartered nonpublic school and that would need
to be provided by employees of the district, service center, or chartered
nonpublic school if the services were not provided by the private company.
|
| (3) |
"License" has the same meaning
as in section
3319.31 of the Revised Code.
|
|
| (B) |
This section
applies to any person who is an employee of a private company under contract
with a school district, educational service center, or chartered nonpublic
school to provide essential school services and who will work in the district,
service center, or chartered nonpublic school in a position that does not
require a license issued by the state board of education, is not for the
operation of a vehicle for pupil transportation, and that involves routine
interaction with a child or regular responsibility for the care, custody, or
control of a child. |
| (C) |
No school
district, educational service center, or chartered nonpublic school shall
permit a person to whom this section applies to work in the district, service
center, or chartered nonpublic school, unless one of the following applies to
the person:
| (1) |
The person's employer
presents proof of both of the following to the designated official:
| (a) |
That the person has been the subject of a
criminal records check conducted in accordance with division (D) of this
section within the five-year period immediately prior to the date on which the
person will begin working in the district, service center, or chartered
nonpublic school; |
| (b) |
That the
criminal records check indicates that the person has not been convicted of or
pleaded guilty to any offense described in division (B)(1) of section
3319.39 of the Revised Code.
|
|
| (2) |
During any period of
time in which the person will have routine interaction with a child or regular
responsibility for the care, custody, or control of a child, the designated
official has arranged for an employee of the district, service center, or
chartered nonpublic school to be present in the same room with the child or, if
outdoors, to be within a thirty-yard radius of the child or to have visual
contact with the child. |
|
| (D) |
Any private company that has been hired or seeks
to be hired by a school district, educational service center, or chartered
nonpublic school to provide essential school services may request the bureau of
criminal identification and investigation to conduct a criminal records check
of any of its employees for the purpose of complying with division (C)(1) of
this section. Each request for a criminal records check under this division
shall be made to the superintendent of the bureau in the manner prescribed in
section 3319.39 of the Revised Code. Upon
receipt of a request, the bureau 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.
Notwithstanding division (H) of section
109.57 of the Revised Code, the
private company may share the results of any criminal records check conducted
under this division with the designated official for the purpose of complying
with division (C)(1) of this section, but in no case shall the designated
official release that information to any other person. |
Effective Date: 2008 HB428
09-12-2008.
| (A) |
As used in
this section, "license" has the same meaning as in section
3319.31 of the Revised Code.
|
| (B) |
If a person who is employed
by a school district or chartered nonpublic school is arrested, summoned, or
indicted for an alleged violation of an offense listed in division (C) of
section 3319.31 of the Revised Code, if
the person holds a license, or an offense listed in division (B)(1) of section
3319.39 of the Revised Code, if
the person does not hold a license, the superintendent of the district or the
chief administrative officer of the chartered nonpublic school shall suspend
that person from all duties that require the care, custody, or control of a
child during the pendency of the criminal action against the person. If the
person who is arrested, summoned, or indicted for an alleged violation of an
offense listed in division (C) of section
3319.31 or division (B)(1) of
section 3319.39 of the Revised Code is a
person whose duties are assigned by the district treasurer under division (B)
of section
3313.31 of the Revised Code, the
treasurer shall suspend the person from all duties that require the care,
custody, or control of a child. If the person who is arrested, summoned, or
indicted for an alleged violation of an offense listed in division (C) of
section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code is the
superintendent or treasurer of the district, the district board shall suspend
the superintendent or treasurer from all duties that require the care, custody,
or control of a child. If the person who is arrested, summoned, or indicted for
an alleged violation of an offense listed in division (C) of section
3319.31 or division (B)(1) of
section 3319.39 of the Revised Code is the
chief administrative officer of the chartered nonpublic school, the governing
authority of the chartered nonpublic school shall suspend the chief
administrative officer from all duties that require the care, custody, or
control of a child. |
| (C) |
When a
person who holds a license is suspended in accordance with this section, the
superintendent, treasurer, board of education, chief administrative officer, or
governing authority that imposed the suspension promptly shall report the
person's suspension to the department of education. The report shall include
the offense for which the person was arrested, summoned, or indicted.
|
Effective Date: 2008 HB428
09-12-2008.
| (A) |
No person employed or engaged as a teacher,
principal, administrator, nonlicensed school employee, or bus driver in a
public school may inflict or cause to be inflicted corporal punishment as a
means of discipline upon a pupil attending such school . |
| (B) |
A person
employed or otherwise engaged as a teacher, principal, or administrator
by a
nonpublic school, except as otherwise provided by the governing authority of
the nonpublic school, may inflict or cause to be inflicted reasonable corporal
punishment upon a pupil attending the school to which the person is assigned
whenever such punishment is reasonably necessary in order to preserve
discipline while the student is subject to school authority. (C) Persons employed or engaged as teachers,
principals, or administrators in a school, whether public or private, and
nonlicensed school employees and school bus drivers may, within the scope of
their employment, use and apply such amount of force and restraint as is
reasonable and necessary to quell a disturbance threatening physical injury to
others, to obtain possession of weapons or other dangerous objects upon the
person or within the control of the pupil, for the purpose of self-defense, or
for the protection of persons or property.
|
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 10-29-1996
.
The interstate agreement on qualification of educational
personnel is hereby enacted into law and entered into with all states legally
joining therein in form substantially as follows: THE INTERSTATE AGREEMENT ON
QUALIFICATION OF EDUCATIONAL PERSONNEL Article I. Purpose, findings, and
policy.
| 1. |
The states party to this
agreement, desiring by common action to improve their respective school systems
by utilizing the teacher or other professional educational person wherever
educated, declare that it is the policy of each of them, on the basis of
cooperation with one another, to take advantage of the preparation and
experience of such persons wherever gained, thereby serving the best interests
of society, of education, and of the teaching profession. It is the purpose of
this agreement to provide for the development and execution of such programs of
cooperation as will facilitate the movement of teachers and other professional
educational personnel among the states party to it, and to authorized specific
interstate educational personnel contracts to achieve that end. |
| 2. |
The party states find that included in
the large movement of population among all sections of the nation are many
qualified educational personnel who move for family and other personal reasons
but who are hindered in using their professional skill and experience in their
new locations. Variations from state to state in requirements for qualifying
educational personnel discourage such personnel from taking the steps necessary
to qualify in other states. As a consequence, a significant number of
professionally prepared and experienced educators is lost to our school
systems. Facilitating the employment of qualified educational personnel,
without reference to their states of origin, can increase the available
educational resources. Participation in this compact can increase the
availability of educational manpower. Article II. Definitions. As used in this
Agreement and contracts made pursuant to it, unless the context clearly
requires otherwise:
| 1. |
"Educational
personnel" means persons who must meet requirements pursuant to state law as a
condition of employment in educational programs. |
| 2. |
"Designated state official" means the
education official of a state selected by that state to negotiate and enter
into, on behalf of his state, contracts pursuant to this Agreement. |
| 3. |
"Accept," or any variant thereof, means to
recognize and give effect to one or more determinations of another state
relating to the qualifications of educational personnel in lieu of making or
requiring a like determination that would otherwise be required by or pursuant
to the laws of a receiving state. |
| 4. |
"State" means a state, territory, or
possession of the United States; the District of Columbia; or the commonwealth
of Puerto Rico. |
| 5. |
"Originating
state" means a state (and the subdivision thereof, if any) whose determination
that certain educational personnel are qualified to be employed for specific
duties in schools is acceptable in accordance with the terms of a contract made
pursuant to Article III. |
| 6. |
"Receiving state" means a state (and the subdivisions thereof) which accepts
educational personnel in accordance with the terms of a contract made pursuant
to Article III. Article III. Interstate Educational Personnel Contracts.
| 1. |
The designated state official of a party
state may make one or more contracts on behalf of his state with one or more
other party states providing for the acceptance of educational personnel. Any
such contract for the period of its duration shall be applicable to and binding
on the states whose designated state officials enter into it, and the
subdivisions of those states, with the same force and effect as if incorporated
in this agreement. A designated state official may enter into a contract
pursuant to this article only with states in which he finds that there are
programs of education, certification standards or other acceptable
qualifications that assure preparation or qualification of educational
personnel on a basis sufficiently comparable, even though not identical to that
prevailing in his own state. |
| 2. |
Any
such contract shall provide for:
| (b) |
The criteria to be
applied by an originating state in qualifying educational personnel for
acceptance by a receiving state. |
| (c) |
Such waivers, substitutions, and
conditional acceptances as shall aid the practical effectuation of the contract
without sacrifice of basic educational standards. |
| (d) |
Any other necessary matters.
|
|
|
|
| 3. |
No contract made pursuant to this Agreement shall be for a term longer than
five years but any such contract may be renewed for like or lesser periods.
|
| 4. |
Any contract dealing with
acceptance of educational personnel on the basis of their having completed an
educational program shall specify the earliest date or dates on which
originating state approval of the program or programs involved can have
occurred. No contract made pursuant to this agreement shall require acceptance
by a receiving state of any persons qualified because of successful completion
of a program prior to January 1, 1954. |
| 5. |
The certification or other acceptance of a person
who has been accepted pursuant to the terms of a contract shall not be revoked
or otherwise impaired because the contract has expired or been terminated.
However, any certificate or other qualifying document may be revoked or
suspended on any ground which would be sufficient for revocation or suspension
of a certificate or other qualifying document initially granted or approved in
the receiving State. |
| 6. |
A
contract committee composed of the designated state officials of the
contracting states or their representatives shall keep the contract under
continuous review, study means of improving its administration, and report no
less frequently than once a year to the heads of the appropriate education
agencies of the contracting states. Article IV. Approved and Accepted Programs.
| 1. |
Nothing in this Agreement shall be
construed to repeal or otherwise modify any law or regulation of a party State
relating to the approval of programs of educational preparation having effect
solely on the qualification of educational personnel within that state.
|
| 2. |
To the extent that contracts
made pursuant to this agreement deal with the educational requirements for the
proper qualification of educational personnel, acceptance of a program of
educational preparation shall be in accordance with such procedures and
requirements as may be provided in the applicable contract. Article V.
Interstate Cooperation. The party states agree that:
| 1. |
They will, so far as practicable, prefer
the making of multi-lateral contracts pursuant to Article III of this
Agreement. |
| 2. |
They will facilitate
and strengthen cooperation in interstate certification and other elements of
educational personnel qualification and for this purpose shall cooperate with
agencies, organizations, and associations interested in certification and other
elements of educational personnel qualification. Article VI. Agreement
Evaluation. The designated state officials of any party states may meet from
time to time as a group to evaluate progress under the agreement, and to
formulate recommendations for changes. Article VII. Other Arrangements. Nothing
in this agreement shall be construed to prevent or inhibit other arrangements
or practices of any party state or states to facilitate the interchange of
educational personnel. Article VIII. Effect and Withdrawal.
| 1. |
This Agreement shall become effective when
enacted into law by two states. Thereafter it shall become effective as to any
state upon its enactment of this Agreement. |
| 2. |
Any party state may withdraw from this
agreement by enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the governor of the withdrawing state
has given notice in writing of the withdrawal to the governors of all other
party states. |
| 3. |
No withdrawal
shall relieve the withdrawing state of any obligation imposed upon it by a
contract to which it is a party. The duration of contracts and the methods and
conditions of withdrawal therefrom shall be those specified in their terms.
Article IX. Construction and Severability. This agreement shall be liberally
construed so as to effectuate the purposes thereof. The provisions of this
Agreement shall be severable and if any phrase, clause, sentence, or provisions
of this Agreement is declared to be contrary to the constitution of any state
or of the United States, or the application thereof to any Government, agency,
person, or circumstance is held invalid, the validity of the remainder of this
agreement and the applicability thereof to any Government, agency, person, or
circumstance shall not be affected thereby. If this agreement shall be held
contrary to the constitution of any state participating therein, the Agreement
shall remain in full force and effect as to the State affected as to all
severable matters. |
|
|
|
Effective Date:
11-25-1969.
The "designated state official" defined pursuant to Article II
of section
3319.42 of the Revised Code shall
be the superintendent of public instruction. He shall enter into contracts
pursuant to article III of section
3319.42 of the Revised Code only
with the approval of the specific text thereof by the state board of education.
Effective Date:
11-25-1969.
True copies of all contracts made on behalf of this state
pursuant to sections
3319.42 and
3319.43 of the Revised Code shall
be kept on file in the offices of the state department of education and of the
secretary of state. The state department of education shall publish all such
contracts in convenient form.
Effective Date:
11-25-1969.
If a principal of a public school in a city, local, exempted
village, or joint vocational school district, acting in his official or
professional capacity, has knowledge of or has observed a pupil committing a
violation listed in division (A) of section
3313.662 of the Revised Code,
regardless of whether or not the pupil was sixteen years of age or older at the
time of the commission of the act or violation, and the violation was committed
on property owned and controlled by, or at any activity held under the auspices
of, the board of education of the school district, both of the following apply:
| (A) |
The principal, within one school
day after obtaining his knowledge of or observing the act or violation, shall
report the violation to the superintendent of the school district in which the
school is located or to the designee of the superintendent. |
| (B) |
The principal, within a reasonable
period of time after obtaining his knowledge of or observing the act or
violation, may report the act or violation to a law enforcement officer of the
jurisdiction in which the violation occurred or, if the pupil is a juvenile,
report the violation to either a law enforcement officer of the jurisdiction in
which the act occurred or in the jurisdiction in which the pupil resides.
|
Effective Date:
07-31-1992.
| (A) |
| (1) |
The
state board of education shall adopt rules under Chapter 119. of the Revised
Code that establish both of the following:
| (a) |
A policy and standards for the implementation of
positive behavior intervention and supports
framework; |
| (b) |
A policy and standards for the use of physical
restraint or seclusion on students. |
|
| (2) |
Within ninety days after the effective date of this
amendment, the state board shall amend or update rule 3301-35-15 of the
Administrative Code to reflect the requirements of this
section. |
|
| (B) |
| (1) |
Each school district board of education shall do all of the
following:
| (a) |
Implement a positive behavior intervention and
supports framework on a system-wide basis that complies with this
section; |
| (b) |
Comply with any policy and
standards adopted, amended, or updated by the
state board under this section; |
| (c) |
Submit any reports required by the department of
education or the general assembly with respect to the implementation of a
positive behavior intervention and supports framework or suspension and
expulsion of students in any of grades pre-kindergarten through
three. |
|
| (2) |
Each school district's positive behavior intervention
and supports framework may focus on the following:
| (a) |
Comprehensive, school-wide data systems that enable
monitoring of academic progress, behavioral incidents, attendance, and other
critical indicators across classrooms; |
| (b) |
School-wide investment in evidence-based curricula and
effective instructional strategies, matched to students' needs, and data to
support teachers' academic instruction; |
| (c) |
An expectation by school administrators that classroom
practices be linked to and aligned with the school-wide system; |
| (d) |
Improving staff climate and culture regarding the role
of discipline in the classroom, established through the use of positive and
proactive communication and staff recognition. |
|
|
| (C) |
For purposes of this section, "positive behavior
intervention and supports framework" or "positive behavior intervention and
supports" means a multi-tiered, school-wide, behavioral framework developed and
implemented for the purpose of improving academic and social outcomes and
increasing learning for all students. |
| (D) |
The department of education shall oversee each school
district's and school's compliance with this section. |
Amended by
132nd General Assembly File No. TBD, HB 318, §1,
eff. 11/2/2018.
Added by
130th General Assembly File No. TBD, HB 178, §1,
eff. 3/23/2015.
| (A) |
| (1) |
The
state board of education shall annually establish the amount of the fees
required to be paid for any license, certificate, or permit issued under this
chapter or division (B) of section
3301.071 or section
3301.074 of the Revised Code.
Except as
provided in division (A)(2) of this section, the amount of these fees
shall be such that they, along with any appropriation made to the fund
established under division (B) of this section, will be sufficient to cover the
annual estimated cost of administering the requirements described under
division (B) of this section. |
| (2) |
The state board shall not
require any fee to be paid under division (A)(1) of this section for a license,
certificate, or permit issued for the purpose of teaching in a junior reserve
officer training corps (JROTC) program approved by the congress of the United
States under title 10 of the United States Code. |
|
| (B) |
There is hereby established in the state treasury
the state board of education licensure fund, which shall be used by the state
board of education solely to pay the cost of administering requirements related
to the issuance and renewal of licenses, certificates, and permits described in
this chapter and sections
3301.071 and
3301.074 of the Revised Code.
The fund shall consist of the amounts paid into the fund pursuant to division
(B) of section 3301.071 and sections
3301.074 and
3319.29 of the Revised Code and
any appropriations to the fund by the general assembly. |
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 09-16-2004
| (A) |
As used in
this section:
| (1) |
"Intervention in lieu of
conviction" means intervention in lieu of conviction under section
2951.041 of the Revised Code.
|
| (2) |
"License" has the same meaning
as in section
3319.31 of the Revised Code.
|
| (3) |
"Pre-trial diversion program"
means a pre-trial diversion program under section
2935.36 of the Revised Code or a
similar diversion program under rules of a court. |
| (4) |
"Prosecutor" has the same meaning as in
section 2935.01 of the Revised Code.
|
|
| (B) |
If there is any
judicial finding of guilt or any conviction or a judicial finding of
eligibility for intervention in lieu of conviction against a license holder, or
if a license holder agrees to participate in a pre-trial diversion program, for
any of the offenses listed in division (B)(2) or (C) of section
3319.31 of the Revised Code, the
prosecutor in the case, on forms that the state board of education shall
prescribe and furnish, promptly shall notify the board and, if known, any
school district or chartered nonpublic school employing the license holder of
the license holder's name and residence address, and the fact that the license
holder pleaded guilty to , was convicted of, has been found eligible for
intervention in lieu of conviction for, or has agreed to a diversion program
for the offense. |
Effective Date:
10-29-1996; 2008
HB428 09-12-2008
.
| (A) |
A grant
program is hereby established to recognize and reward teachers in public and
chartered nonpublic schools who hold valid teaching certificates or licenses
issued by the national board for professional teaching standards. The
superintendent of public instruction shall administer this program in
accordance with this section and rules which the state board of education shall
adopt in accordance with Chapter 119. of the Revised Code. In each fiscal year
that the general assembly appropriates funds for purposes of this section, the
superintendent of public instruction shall award a grant to each person who, by
the first day of April of that year and in accordance with the rules adopted
under this section, submits to the superintendent evidence indicating both of
the following:
| (1) |
The person holds a valid
certificate or license issued by the national board for professional teaching
standards; |
| (2) |
The person has been
employed full-time as a teacher by the board of education of a school district
or by a chartered nonpublic school in this state during the current school
year. An individual may receive a grant under this section in each fiscal year
the person is eligible for a grant and submits evidence of that eligibility in
accordance with this section. No person may receive a grant after the
expiration of the person's initial certification or license issued by the
national board. |
|
| (B) |
The
amount of the grant awarded to each eligible person under division (A) of this
section in any fiscal year shall equal two thousand five hundred dollars.
However, if the funds appropriated for purposes of this section in any fiscal
year are not sufficient to award the full grant amount to each person who is
eligible in that fiscal year, the superintendent shall prorate the amount of
the grant awarded in that fiscal year to each eligible person. |
Effective Date:
09-26-2003;
09-16-2004;
05-18-2005;
09-29-2005; 2007
HB119 09-29-2007
.
The department of
education shall identify promising practices in Ohio and throughout the country
for engaging teachers certified by the national board for professional teaching
standards, and lead teachers who meet the
criteria adopted by the educator standards board pursuant to section
3319.61 of the Revised Code, in
ways that add value beyond their own classrooms. Practices identified by the
department as promising may include placing national board certified and
lead
teachers in key roles in peer review programs; having such teachers serve as
coaches, mentors, and trainers for other teachers; or having such teachers
develop curricula or instructional integration strategies.
Once the department
has identified promising practices, the department shall inform all school
districts of the practices by posting such information on the department's
world wide web site.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 06-09-2004
.
| (A) |
A grant
program is hereby established under which the department of education shall
award grants to assist certain schools in a city, exempted village, local, or
joint vocational school district in implementing one of the following
innovations:
| (1) |
The use
of instructional specialists to mentor and support classroom
teachers; |
| (2) |
The use
of building managers to supervise the administrative functions of school
operation so that a school principal can focus on supporting instruction,
providing instructional leadership, and engaging teachers as part of the
instructional leadership team; |
| (3) |
The reconfiguration of school leadership structure in a manner that allows
teachers to serve in leadership roles so that teachers may share the
responsibility for making and implementing school decisions; |
| (4) |
The adoption of new models for restructuring the school day or school year,
such as including teacher planning and collaboration time as part of the school
day; |
| (5) |
The
creation of smaller schools or smaller units within larger schools for the
purpose of facilitating teacher collaboration to improve and advance the
professional practice of teaching; |
| (6) |
The implementation of "grow your own" recruitment strategies that are designed
to assist individuals who show a commitment to education become licensed
teachers, to assist experienced teachers obtain licensure in subject areas for
which there is need, and to assist teachers in becoming principals; |
| (7) |
The provision of better conditions for new teachers, such as reduced teaching
load and reduced class size; |
| (8) |
The provision of incentives to attract qualified mathematics, science, or
special education teachers; |
| (9) |
The development and implementation of a partnership with teacher preparation
programs at colleges and universities to help attract teachers qualified to
teach in shortage areas; |
| (10) |
The implementation of a program to increase the cultural competency of both new
and veteran teachers; |
| (11) |
The implementation of a program to increase the subject matter competency of
veteran teachers. |
|
| (B) |
To qualify for a grant to implement one of the innovations described in
division (A) of this section, a school must meet both of the following
criteria:
| (1) |
Be hard
to staff, as defined by the department. |
| (2) |
Use existing school district funds for the implementation of the innovation in
an amount equal to the grant amount multiplied by (1 - the district's state
share index for the fiscal year in which the grant is
awarded). For purposes of
division (B)(2) of this section, "state share index"
has the same meaning as in section 3317.02 of the Revised
Code.
|
|
| (C) |
The amount and number of grants awarded under this section shall be determined
by the department based on any appropriations made by the general assembly for
grants under this section. |
| (D) |
The state board of education shall adopt rules for the administration of this
grant program. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
6/30/2011.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
7/17/2009.
Effective Date: 06-09-2004
.
Repealed by
132nd General Assembly File No. TBD, SB 216, §2,
eff. 11/2/2018.
Amended by
130th General Assembly File No. 25, HB 59, §101.01 (Vetoed), eff.
9/29/2013.
Amended by
129th General AssemblyFile No.184, HB 555,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.128, SB 316,
§101.01, eff.
9/24/2012.
Added by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
There is hereby
established the educator standards board. The board shall develop and recommend
to the state board of education standards for entering and continuing in the
educator professions and standards for educator
professional development. The board membership shall
reflect the diversity of the state in terms ofgender, race, ethnic background, and geographic
distribution.
| (A) |
The board shall consist of the following
members:
| (1) |
The following
eighteen members appointed by the state board of education
:
| (a) |
Ten
persons employed as teachers in a school district. Three persons
appointed under this division shall be employed as teachers in a secondary
school, two persons shall be employed as teachers in a middle school,
three
persons shall be employed as teachers in an elementary school, one person shall
be employed as a teacher in a pre-kindergarten classroom, and one person shall
be a teacher who serves on a local professional development committee pursuant
to section
3319.22 of the Revised Code. At
least one person appointed under this division shall hold a teaching
certificate or license issued by the national board for professional teaching
standards. The Ohio education association shall submit a list of
fourteen nominees for these appointments and the state
board shall appoint seven members to the educator standards board from
that list. The Ohio federation of teachers shall submit a list of
six
nominees for these appointments and the state board shall appoint
three
members to the educator standards board from that list. If there is an
insufficient number of nominees from both lists to satisfy the membership
requirements of this division, the state board shall request additional
nominees who satisfy those requirements. |
| (b) |
One person employed as a teacher in a
chartered, nonpublic school. Stakeholder groups selected by the state board
shall submit a list of two nominees for this appointment. |
| (c) |
Five
persons employed as school administrators in a school district. Of
those
five persons , one person shall be employed as a secondary school
principal, one person shall be employed as a middle school principal, one
person shall be employed as an elementary school principal,
one person shall be employed as a school district
treasurer or business manager, and one person shall be employed as a
school district superintendent. The buckeye association of school
administrators shall submit a list of two nominees for the school district
superintendent, the Ohio association of school business
officials shall submit a list of two nominees for the school district treasurer
or business manager, the Ohio association of elementary school
administrators shall submit a list of two nominees for the elementary school
principal, and the Ohio association of secondary school administrators shall
submit a list of two nominees for the middle school principal and a list of two
nominees for the secondary school principal. |
| (d) |
One person who is a member of a
school district board of education. The Ohio school boards association shall
submit a list of two nominees for this appointment. (e) One person who is a
parent of a student currently enrolled in a school operated by a school
district. The Ohio parent teacher association shall submit a list of two
nominees for this appointment.
|
|
| (2) |
The chancellor
of the Ohio board of regents shall appoint three persons employed by
institutions of higher education that offer educator preparation programs. One
person shall be employed by an institution of higher education that has a
certificate of authorization under Chapter 1713. of the Revised Code; one
person shall be employed by a state university, as defined in section
3345.011 of the Revised Code, or a
university branch; and one person shall be employed by a state community
college, community college, or technical college. Of the two persons appointed
from an institution of higher education that has a certificate of authorization
under Chapter 1713. of the Revised Code and from a state university or
university branch, one shall be employed in a college of education and one
shall be employed in a college of arts and sciences. |
| (3) |
The superintendent of public
instruction or a designee of the superintendent, the chancellor of the Ohio
board of regents or a designee of the chancellor, and the chairpersons
and the ranking minority members of the education
committees of the senate and house of representatives shall serve as nonvoting,
ex officio members. |
|
| (B) |
Terms of office shall be for two years. Each member
shall hold office from the date of the member's appointment until the end of
the term for which the member was appointed. At the first meeting, appointed
members shall select a chairperson and a vice-chairperson. Vacancies on the
board shall be filled in the same manner as prescribed for appointments
under division (A) of this section. Any member
appointed to fill a vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall hold office for the
remainder of such term. Any member shall continue in office subsequent to the
expiration date of the member's term until the member's successor takes office,
or until a period of sixty days has elapsed, whichever occurs first. The terms
of office of members are renewable. |
| (C) |
Members shall receive no compensation for their
services. |
| (D) |
The board shall establish guidelines for its
operation. These guidelines shall require the creation of a standing
subcommittee on higher education, and shall permit the creation of other
standing subcommittees when necessary. The board shall determine the membership
of any subcommittee it creates. The board may select persons who are not
members of the board to participate in the deliberations of any subcommittee as
representatives of stakeholder groups, but no such person shall vote on any
issue before the subcommittee. |
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-09-2004; 08-11-2004
| (A) |
The educator standards board, in consultation with
the chancellor of higher education, shall do all
of the following:
| (1) |
Develop
state standards for teachers and principals that reflect what teachers and
principals are expected to know and be able to do at all stages of their
careers. These standards shall be aligned with the statewide academic content
standards for students adopted pursuant to section
3301.079 of the Revised Code, be
primarily based on educator performance instead of years of experience or
certain courses completed, and rely on evidence-based factors. These standards
shall also be aligned with the operating standards adopted under division
(D)(3) of section 3301.07 of the Revised Code.
| (a) |
The standards for teachers shall reflect the following additional criteria:
| (i) |
Alignment with the interstate new teacher assessment and support consortium
standards; |
| (ii) |
Differentiation among novice, experienced, and advanced teachers; |
| (iii) |
Reliance on competencies that can be measured; |
| (iv) |
Reliance on content knowledge, teaching skills, discipline-specific teaching
methods, and requirements for professional development; |
| (v) |
Alignment with a career-long system of professional development and evaluation
that ensures teachers receive the support and training needed to achieve the
teaching standards as well as reliable feedback about how well they meet the
standards; |
| (vi) |
The
standards under section
3301.079 of the Revised Code,
including standards on collaborative learning environments and
interdisciplinary, project-based, real-world learning and differentiated
instruction; |
| (vii) |
The
Ohio leadership framework. |
|
| (b) |
The standards for principals shall be aligned with the interstate school
leaders licensing consortium standards. |
|
| (2) |
Develop standards for school district superintendents that reflect what
superintendents are expected to know and be able to do at all stages of their
careers. The standards shall reflect knowledge of systems theory and effective
management principles and be aligned with the buckeye association of school
administrators standards and the operating standards developed under division
(D)(3) of section 3301.07 of the Revised
Code. |
| (3) |
Develop
standards for school district treasurers and business managers that reflect
what treasurers and business managers are expected to know and be able to do at
all stages of their careers. The standards shall reflect knowledge of systems
theory and effective management principles and be aligned with the association
of school business officials international standards and the operating
standards developed under division (D)(3) of section
3301.07 of the Revised
Code. |
| (4) |
Develop
standards for the renewal of licenses under sections
3301.074 and
3319.22 of the Revised
Code; |
| (5) |
Develop
standards for educator professional development; |
| (6) |
Investigate and make recommendations for the creation, expansion, and
implementation of school building and school district leadership academies; |
| (7) |
Develop standards for school counselors that reflect what
school counselors are expected to know and be able to do at all stages of their
careers. The standards shall reflect knowledge of academic, personal, and
social counseling for students and effective principles to implement an
effective school counseling program. The standards also shall reflect
Ohio-specific knowledge of career counseling for students and education options
that provide flexibility for earning credit, such as earning units of high
school credit using the methods adopted by the state board of education under
division (J) of section
3313.603 of the Revised Code and
earning college credit through the college credit plus program established
under Chapter 3365. of the Revised Code. The standards shall align with the
American school counselor association's professional standards and the
operating standards developed under division (D)(3) of section
3301.07 of the Revised
Code. The superintendent of
public instruction, the chancellor of higher education, or
the education standards board itself may request that the educator standards
board update, review, or reconsider any standards developed under this
section.
|
|
| (B) |
The educator standards board shall incorporate
indicators of cultural competency into the standards developed under division
(A) of this section. For this purpose, the educator standards board shall
develop a definition of cultural competency based upon content and experiences
that enable educators to know, understand, and appreciate the students,
families, and communities that they serve and skills for addressing cultural
diversity in ways that respond equitably and appropriately to the cultural
needs of individual students. |
| (C) |
In developing the standards under division (A) of
this section, the educator standards board shall consider the impact of the
standards on closing the achievement gap between students of different
subgroups. |
| (D) |
In developing the standards under division (A) of
this section, the educator standards board shall ensure both of the following:
| (1) |
That teachers have sufficient knowledge to provide appropriate instruction for
students identified as gifted pursuant to Chapter 3324. of the Revised Code and
to assist in the identification of such students, and have sufficient knowledge
that will enable teachers to provide learning opportunities for all children to
succeed; |
| (2) |
That
principals, superintendents, school treasurers, and school business managers
have sufficient knowledge to provide principled, collaborative, foresighted,
and data-based leadership that will provide learning opportunities for all
children to succeed. |
|
| (E) |
The standards for educator professional
development developed under division (A)(5) of this section shall include the
following:
| (1) |
Standards for the inclusion of local professional development committees
established under section
3319.22 of the Revised Code in
the planning and design of professional development; |
| (2) |
Standards that address the crucial link between academic achievement and mental
health issues. |
|
| (F) |
The educator standards board shall also perform
the following functions:
| (1) |
Monitor
compliance with the standards developed under division (A) of this section and
make recommendations to the state board of education for appropriate corrective
action if such standards are not met; |
| (2) |
Research, develop, and recommend policies on the professions of teaching and
school administration; |
| (3) |
Recommend policies to close the achievement gap between students of different
subgroups; |
| (4) |
Define a
"master teacher" in a manner that can be used uniformly by all school
districts; |
| (5) |
Adopt
criteria that a candidate for a lead professional educator license under
section 3319.22 of the Revised Code who
does not hold a valid certificate issued by the national board for professional
teaching standards must meet to be considered a lead teacher for purposes of
division (B)(4)(d) of that section. It is the intent of the general assembly
that the educator standards board shall adopt multiple, equal-weighted criteria
to use in determining whether a person is a lead teacher. The criteria shall be
in addition to the other standards and qualifications prescribed in division
(B)(4) of section 3319.22 of the Revised Code. The
criteria may include, but shall not be limited to, completion of educational
levels beyond a master's degree or other professional development courses or
demonstration of a leadership role in the teacher's school building or
district. The board shall determine the number of criteria that a teacher shall
satisfy to be recognized as a lead teacher, which shall not be the total number
of criteria adopted by the board. |
| (6) |
Develop model teacher and principal evaluation instruments and processes. The
models shall be based on the standards developed under division (A) of this
section. |
| (7) |
Develop
a method of measuring the academic improvement made by individual students
during a one-year period and make recommendations for incorporating the
measurement as one of multiple evaluation criteria into each of the following:
| (a) |
Eligibility for a professional educator license, senior professional educator
license, lead professional educator license, or principal license issued under
section 3319.22 of the Revised
Code; |
| (b) |
The Ohio
teacher residency program established under section
3319.223 of the Revised
Code; |
| (c) |
The
model teacher and principal evaluation instruments and processes developed
under division (F)(6) of this section. |
|
|
| (G) |
The educator standards board shall submit
recommendations of standards developed under division (A) of this section to
the state board of education not later than September 1, 2010. The state board
of education shall review those recommendations at the state board's regular
meeting that next succeeds the date that the recommendations are submitted to
the state board. At that meeting, the state board of education shall vote to
either adopt standards based on those recommendations or request that the
educator standards board reconsider its recommendations. The state board of
education shall articulate reasons for requesting reconsideration of the
recommendations but shall not direct the content of the recommendations. The
educator standards board shall reconsider its recommendations if the state
board of education so requests, may revise the recommendations, and shall
resubmit the recommendations, whether revised or not, to the state board not
later than two weeks prior to the state board's regular meeting that next
succeeds the meeting at which the state board requested reconsideration of the
initial recommendations. The state board of education shall review the
recommendations as resubmitted by the educator standards board at the state
board's regular meeting that next succeeds the meeting at which the state board
requested reconsideration of the initial recommendations and may adopt the
standards as resubmitted or, if the resubmitted standards have not addressed
the state board's concerns, the state board may modify the standards prior to
adopting them. The final responsibility to determine whether to adopt standards
as described in division (A) of this section and the content of those
standards, if adopted, belongs solely to the state board of
education. |
Amended by
132nd General Assembly File No. TBD, HB 49, §101.01, eff.
9/29/2017 (Vetoed).
Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 06-09-2004
.
The subcommittee on
standards for superintendents of the education standards board is hereby
established. The subcommittee shall consist of the following members:
| (A) |
The
school district superintendent appointed to the educator standards board under
section 3319.60 of the Revised Code, who
shall act as chairperson of the subcommittee; |
| (B) |
Three
additional school district superintendents appointed by the state board of
education, for terms of two years. The buckeye association of school
administrators shall submit a list of six nominees for appointments under this
section. |
| (C) |
Three additional members of the educator standards
board, appointed by the chairperson of the educator standards board; |
| (D) |
The
superintendent of public instruction and the chancellor of the Ohio board of
regents, or their designees, who shall serve as nonvoting, ex officio members
of the subcommittee. Members of the subcommittee shall receive no
compensation for their services . The members appointed under divisions (B) and
(C) of this section may be reappointed. The subcommittee shall assist the educator standards
board in developing the standards for superintendents and with any additional
matters the educator standards board directs the subcommittee to examine.
|
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
The subcommittee on
standards for school treasurers and business managers of the educator standards
board is hereby established. The subcommittee shall consist of the following
members:
| (A) |
The school district treasurer or business manager
appointed to the educator standards board under section
3319.60 of the Revised Code, who
shall act as chairperson of the subcommittee; |
| (B) |
Three
additional school district treasurers or business managers appointed by the
state board of education for terms of two years. The Ohio association of school
business officials shall submit a list of six nominees for appointments under
this section. |
| (C) |
Three
additional members of the educator standards board, appointed by the
chairperson of the educator standards board; |
| (D) |
The
superintendent of public instruction and the chancellor of the Ohio board of
regents, or their designees, who shall serve as nonvoting, ex officio members
of the subcommittee. Members of the subcommittee shall receive no
compensation for their services. The members appointed under divisions (B) and
(C) of this section may be reappointed. The subcommittee shall assist the educator standards
board in developing the standards for school treasurers and business managers
and with any additional matters the educator standards board directs the
subcommittee to examine.
|
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
The subcommittee on standards for teacher preparation of the
educator standards board is hereby established. The subcommittee shall consist
of the following members:
| (A) |
The three persons employed by institutions of higher
education who are appointed by the chancellor of higher education to the
educator standards board under section
3319.60
of the Revised Code, one of whom shall act as chairperson of the subcommittee
as determined by the subcommittee; |
| (B) |
Two additional higher education representatives
appointed by the state board of education, for terms of two years. One shall
represent state institutions of higher education, as defined in section
3345.011
of the Revised Code, and one shall represent private nonprofit institutions of
higher education. The state university education deans of Ohio, or its
successor organization, shall submit to the state board one or more nominees
for the appointee representing state institutions of higher education, and the
Ohio association of private colleges for teacher education, or its successor
organization, shall submit to the state board one or more nominees for the
appointee representing private nonprofit institutions of higher
education. |
| (C) |
Two additional members of the educator standards
board, appointed by the chairperson of the educator standards
board; |
| (D) |
The superintendent of public instruction and the
chancellor, or their designees, who shall serve as nonvoting, ex officio
members of the subcommittee. Members of the subcommittee shall receive no compensation
for their services. The members appointed under divisions (B) and (C) of this
section may be reappointed. The subcommittee shall assist the educator standards board
with issues pertaining to educator preparation programs and with any additional
matters the educator standards board directs the subcommittee to
examine.
|
Added by
132nd General Assembly File No. TBD, HB 66, §1,
eff.
4/5/2019.
Repealed by
129th General AssemblyFile No.28, HB 153,
§105.01, eff.
6/30/2011.
The board of
education of a school district that employs any person who is appointed to
serve as a member of the educator standards board under division (A)(1)(a) or (c) of section
3319.60,
as a member of the subcommittee on standards for superintendents under division
(B) or (C) of section
3319.611, or as a member of the
subcommittee on standards for school treasurers and business managers under
division (B) or (C) of section
3319.612 of the Revised Code
shall grant that person paid professional leave for the purpose of attending
meetings and conducting official business of the educator standards board
and the subcommittees.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date: 05-18-2005
.
The state board of education shall establish a credential
review board. The credential review board shall carry out any functions
assigned to it by the state board with respect to assessing individuals
pursuing alternative routes to educator licensure and out of state educators
seeking licensure in Ohio. The credential review board may also carry out any
other duties the state board considers appropriate.
Effective Date:
06-09-2004.
| (A) |
The state board of
education may establish an annual teacher of the year recognition program for
outstanding teachers. |
| (B) |
Notwithstanding division
(A) of section 2921.43 of the Revised Code, a
person or entity may make a voluntary contribution to the recognition program
described in division (A) of this section. |
| (C) |
Notwithstanding division
(A) of section 2921.43 of the Revised Code, a
teacher who is recognized as a teacher of the year by the recognition program
described in division (A) of this section may accept gifts and privileges as
part of the recognition program. |
Added by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
9/29/2015.
Repealed by
129th General AssemblyFile No.39, SB 171,
§2, eff.
6/30/2011.
Repealed by
129th General AssemblyFile No.39, SB 171,
§2, eff.
6/30/2011.
| (A) |
The governing board of any educational service center
may engage the services of a dyslexia specialist to provide training for
teachers of grades kindergarten to four on the indicators of dyslexia and the
types of instruction that children with dyslexia need to learn, read, write,
and spell. If a service center provides this training, it shall make the
training available to local school districts within the service center's
territory and to other school districts, community schools, and STEM schools
that have contracted for the training from the service center under section
3313.843,
3313.844,
3313.845, or
3326.45 of the Revised Code. If a governing board of any educational service center does
not provide the training, a group of local school districts within the service
center's territory may engage the services of a dyslexia specialist to provide
training for teachers independently. A
school district or school may require the training authorized under this
section for its teachers as part of the district's or school's regular
in-service training programs.
|
| (B) |
As
used in this section:
| (1) |
"Dyslexia" means a specific learning disorder that is
neurological in origin and that is characterized by unexpected difficulties
with accurate or fluent word recognition and by poor spelling and decoding
abilities not consistent with the person's intelligence, motivation, and
sensory capabilities, which difficulties typically result from a deficit in the
phonological component of language. |
| (2) |
"Dyslexia specialist" means a person who is trained and certified in a
multisensory structured language program that meets the level II specialist
criteria set by the international dyslexia association's knowledge and practice
standards or standards from any other nationally recognized organization that
specializes in issues surrounding dyslexia, or any subsequently adopted
standards. |
|
Added by
129th General AssemblyFile No.58, HB 157,
§1, eff.
12/21/2011.
| (A) |
Whoever violates division (A) of section
3319.151 of the Revised Code is
guilty of a minor misdemeanor. |
| (B) |
Whoever violates division (H)(1) of section
3319.311 of the Revised Code is
guilty of a misdemeanor of the first degree. |
| (C) |
Whoever violates division (F) of section
3319.313 of the Revised Code shall
be punished as follows:
| (1) |
Except as
otherwise provided in division (C)(2) of this section, the person is guilty of
a misdemeanor of the fourth degree. |
| (2) |
The
person is guilty of a misdemeanor of the first degree if both of the following
conditions apply:
| (a) |
The employee
who is the subject of the report that the person fails to submit was required
to be reported for the commission or alleged commission of an act or offense
involving the infliction on a child of any physical or mental wound, injury,
disability, or condition of a nature that constitutes abuse or neglect of the
child; |
| (b) |
During the
period between the violation of division (F) of section
3319.313 of the Revised Code and
the conviction of or plea of guilty by the person for that violation, the
employee who is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational service center,
public or nonpublic school, or county board of developmental disabilities
where the employee works any physical or mental wound, injury, disability, or
condition of a nature that constitutes abuse or neglect of the child.
|
|
|
| (D) |
Whoever violates division (B) or (D) of section
3319.317 of the Revised Code is
guilty of a misdemeanor of the first degree. |
Amended by
128th General Assemblych.58, SB 79,
§1, eff.
10/6/2009.
Effective Date:
10-05-1987; 2008 HB428 09-12-2008