Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-20 - Standards for Employment of Individuals With Criminal Convictions › Section 3301-20-03 - Employment of non-licensed individuals with certain criminal convictions

Current through all regulations passed and filed through July 1, 2024
The purpose of this rule is to provide
				for the safety and well-being of students, and pursuant to sections
				3319.39 and
				3319.391 of the Revised Code,
				set rehabilitation standards for those individuals with certain criminal
				convictions seeking employment or currently employed by a district in a
				position that does not require a license but who are subject to the
				requirements of a criminal records check pursuant to section
				3319.39 of the Revised Code.
				(The provisions of this rule do not apply to school bus or school van
				drivers).
(A)
								The following terms are defined as they are used in the
			 rule:
(1)
									"Applicant" means one who is under final consideration for
			 appointment or employment with a district in a position that does not require
			 an educator license issued by the State Board of Education under Chapter 3319
			 of the Revised Code.
(2)
									"Employee" means a current employee of a district who
			 is not required to be licensed or certified, but who is subject to the
			 requirements of a background check pursuant to section
			 3319.391 of the Revised
			 Code.
(3)
									"Criminal records check" has the same meaning as in
			 section 109.572 of the Revised
			 Code.
(4)
									"District" means a school district as described in
			 Chapter 3311 of the Revised Code, educational service centers, community
			 schools, STEM schools, college preparatory boarding schools, county boards of
			 DD, chartered non-public schools, preschool programs, and any other future
			 school chartered by the department.
(5)
									"Offense" means a
			 violation of a criminal section of the Revised Code, or any municipal ordinance
			 or law of this state, another state, or the United States that is substantially
			 equivalent to a violation of a criminal section of the Revised
			 Code.
(6)
									"Absolute bar offense" means any offense in 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,
			 2903.11,
			 2903.12,
			 2905.01,
			 2905.02,
			 2905.05,
			 2907.02,
			 2907.03,
			 2907.04,
			 2907.05,
			 2907.06,
			 2907.07,
			 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,
			 2923.161,
			 2925.02,
			 2925.03,
			 2925.04,
			 2925.05, or
			 2925.06 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
			 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.
(7)
									For the purposes of this rule, the term "conviction"
			 includes any determination of guilt resulting from a plea of guilty to or
			 finding of guilt by a jury or court of any violation of an
			 offense.
(8)
									"Upon learning" means when first having knowledge of
			 either official results of a criminal records check or a guilty plea, finding
			 of guilt or conviction that has been verified through certified court or law
			 enforcement records.