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Ohio Laws and Rules
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.
(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.
Cite as R.C. § 3319.088
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/17/2009 and 10/16/2009.
Effective Date: 03-22-2001 .
Related Legislative Provision: See 128th General AssemblyFile No.9, HB 1, §812.30.
Note: The amendment to this section by 129th General AssemblyFile No.10, SB 5, §1 was rejected by voters in the November, 2011 election.