Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-24 - Application after disciplinary action

Current through all regulations passed and filed through July 1, 2024
(A) If any prior disciplinary action by the
			 state board was taken against a respondent that did not address the
			 respondent's eligibility to apply or reapply for a future license and the
			 respondent subsequently requests to be licensed by the state board, the
			 respondent shall provide evidence that licensure by the state board is
			 appropriate based on factors listed in paragraph (F) of this rule, and show
			 that there has been a change in circumstances since the prior disciplinary
			 action.
(B) To determine if
			 licensure is appropriate after a prior disciplinary action by the state board
			 was taken against a respondent that did not address the respondent's
			 eligibility to apply or reapply for a future license, the superintendent may
			 conduct an investigation and weigh the evidence submitted against the
			 legitimate need of the state board to protect the integrity of the profession,
			 and to ensure the safety and welfare of students,
			 and the school community.
(C) The
			 superintendent 
								will determine if the results of an investigation
			 warrant initiating an action to deny a license.
(D) If the results of an investigation
			 warrant initiating a denial of a license, the superintendent
			 
								will
			 give notice of an opportunity for a hearing in accordance with sections
			 119.01 to
			 119.13 of the Revised Code;
			 however, nothing in this provision 
								prohibits the superintendent
			 from amending the notice for the proposed action.
(E) An administrative hearing
			 
								is not
			  a forum to re-adjudicate the original
			 order of the state board to limit, suspend, revoke, or deny
			 licensure.
(F) The superintendent
			 and the hearing officer 
								will use the following factors, as applicable, to
			 determine whether licensure after a prior disciplinary action by the state
			 board was taken against a respondent that did not address the respondent's
			 eligibility to apply or reapply for a future license is appropriate:
(1) The nature and seriousness of the crime
			 or misconduct that was the basis for the state board's prior disciplinary
			 action;
(2) The extent of the
			 respondent's past criminal activity or misconduct;
(3) The age of the respondent when the crime
			 or misconduct was committed that was the basis for the state board's prior
			 disciplinary action;
(4) The amount
			 of time that has elapsed since the respondent's last criminal activity or
			 misconduct;
(5) The conduct and
			 work activity of the respondent before and after the criminal activity or
			 misconduct that was the basis for the state board's disciplinary
			 action;
(6) Whether the respondent
			 has completed the terms of his/her probation or deferred
			 adjudication;
(7) Evidence of
			 rehabilitation;
(8) Whether the
			 respondent fully disclosed the crime or misconduct to the state board, the
			 department or the employing school district;
(9) Whether licensure
			 will negatively impact the health, safety, and welfare of the school community
			 and/or statewide education community; and/or
(10) Any other
			 relevant factor.