reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-02 - Delegation

Current through all regulations passed and filed through July 1, 2024
(A) The state board
			 authorizes the superintendent, on its behalf, to initiate proceedings under
			 Chapter 119. of the Revised Code including, but not limited to, automatic
			 revocation or denial of a respondent's license.
(B) The superintendent
			 
								will
			 determine whether the results of an investigation warrant closing the
			 investigation without taking disciplinary action or initiating an action for
			 the state board to limit, suspend, revoke or deny licensure pursuant to section
			 3319.31 of the Revised Code. If
			 the superintendent determines such an action is warranted, the superintendent
			 
								will
			 notify the respondent of the superintendent's determination, as well as
			 
								the
			 respondent's rights under Chapter 119. and
			 section 9.79. of the Revised Code
			 including 
								the right to a hearing and to be represented by
			 counsel.
(C) The state board
			 authorizes the superintendent, on its behalf, to issue a written order revoking
			 or denying issuance of licensure and reinstating licensure under division (C)
			 of section 3319.31 of the Revised
			 Code.
(D) The state board
			 authorizes the superintendent, on its behalf, to enter into a consent agreement
			 with a person against whom action is being taken under sections
			 9.79, 3319.15, 3319.151,
			 3319.31, 3319.311 and 3314.103 of the Revised Code.
(E) The state board authorizes the
			 superintendent, on its behalf, to issue a letter of admonishment to persons
			 against whom action is being taken under sections 9.79, 3319.15, 3319.151,
			 3319.31, 3319.311 and 3314.103 of the Revised Code.
(F) The state board authorizes the
			 superintendent, on its behalf, to take any action necessary
			  to further an investigation into
			 any information received about a person that reasonably appears to be a basis
			 for action under sections 9.79,
								3319.15,
			 3319.151,
			 3319.31
								, 3319.311 and 3314.103 of the Revised Code.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-03 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								" State board"
			 under this chapter means the Ohio state board of education.
(B)
								"
			 Superintendent" under this chapter means the
			 superintendent of public instruction or his/her designee as determined by the
			 superintendent.
(C)
								" Department" under
			 this chapter means the Ohio department of education as defined in section
			 3301.13 of the Revised
			 Code.
(D)
								" District" under this
			 chapter means all school districts as described under 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 or any other future school chartered by the
			 department.
(E)
								" Respondent" under
			 this chapter means an educator, as defined under paragraph (I) of this rule,
			 subject to action under section
			 3319.31 of the Revised
			 Code.
(F)
								" Parties" under this
			 chapter means the Ohio department of education and the respondent as defined
			 under paragraph (E) of this rule.
(G)
								"
			 License" under this chapter means the same as the
			 term license as defined in division (A) of section
			 3319.31 of the Revised
			 Code.
(H)
								" Disciplinary action"
			 under this chapter means a final disposition of an investigation by any
			 professional licensing entity in this state or another
			 
								jurisdiction. This can include, but is not limited to,
			 a letter of admonishment, consent agreement, suspension, revocation, permanent
			 revocation, limitation, denial or permanent denial of a license, or the
			 voluntary surrender or voluntary denial of a license.
(I)
								"
			 Educator" under this chapter means any person
			 holding, or having held, any license, certificate, or permit issued by the
			 department or any person applying for any license, certificate, or permit
			 issued by the department.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-04 - Confidentiality of investigative records

Current through all regulations passed and filed through July 1, 2024
(A) All information obtained during an
			 investigation is confidential and is not a public record under section
			 149.43 of the Revised Code
			 except as provided in paragraphs (B) to (H) of this rule.
(B) If the state board and the respondent
			 enter into a consent agreement under division (E) of section
			 3319.311 of the Revised Code and
			 rule 3301-73-23 of the Administrative
			 Code, the consent agreement is a public record under rule
			 3301-73-23 of the Administrative
			 Code.
(C) If the superintendent
			 issues a letter of admonishment under rule
			 3301-73-22 of the Administrative
			 Code, the letter of admonishment and any response thereto is a public record
			 under rule
			 3301-73-22 of the Administrative
			 Code.
(D) If the superintendent
			 concludes that the results of the investigation warrant initiating an action
			 under section 3319.31 of the Revised Code,
			 except as provided in paragraph (E) of this rule, only the information listed
			 in paragraphs (D)(1) to (D)(13) of this rule 
								is a public record under section
			 149.43 of the Revised Code:
(1) The notice of opportunity for an
			 administrative hearing under Chapter 119. of the Revised Code;
(2) Respondent's written request for an
			 administrative hearing under Chapter 119. of the Revised Code;
(3) Any request filed by a party for a
			 continuance of an administrative hearing and the subsequent judgment entry
			 filed by the hearing officer;
(4)
			 Exhibits admitted into evidence in an administrative hearing on behalf of the
			 parties unless the exhibits are admitted by the hearing officer under
			 seal;
(5) Any list of witnesses and
			 documents, provided by the parties, that describes evidence or witnesses
			 intended to be introduced in an administrative hearing;
(6) Any documents used by the department to
			 fulfill its statutory obligation under sections
			 119.01 to
			 119.13 of the Revised Code to
			 schedule the hearing;
(7) All other motions and any responses made
			 in writing and filed by the parties;
(8) All other entries filed by the hearing
			 officer;
(9) The administrative
			 hearing transcript, except for portions of the transcript sealed by the hearing
			 officer;
(10) The superintendent's
			 proposed resolution to be submitted to the state board;
(11) The report and recommendation of the
			 hearing officer;
(12) Objections to
			 the hearing officer's report and recommendation, any motion to strike the
			 objections to the hearing officer's report and recommendation, any response to
			 the motion to strike, and the hearing officer's decision on the motion to
			 strike;
(13) The state board's
			 final resolution; and
(14) All
			 other information obtained 
									will remain confidential and
			 
									is not
			  a public record under section
			 149.43 of the Revised
			 Code.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-05 - Notice for opportunity for hearing; failure to request

Current through all regulations passed and filed through July 1, 2024
(A) The
			 superintendent 
								will determine if the results of an investigation
			 warrant initiating an action to limit, suspend, revoke, or deny a license.
(B) If the results of an investigation
			 warrant initiating an action, the superintendent 
								will give
			 notice of an opportunity for a hearing in accordance with sections
			 9.79 and 119.01 to 119.13
			 of the Revised Code. Nothing in this provision 
								prohibits the superintendent
			 from amending the notice for the proposed action.
(C) The notice 
								will also
			 inform the respondent that if he/she fails  to request a hearing within thirty calendar days in accordance with section
			 119.07 of the Revised Code, or
			 fails to appear at a scheduled hearing, the state board may suspend, limit,
			 deny or revoke, as applicable, any licenses held or applied for without holding
			 an administrative hearing.
(D)
								The respondent is responsible to ensure that the
			 respondent's mailing address and email address listed in the respondent's
			 account in the licensure database, that is maintained by the department, is up
			 to date.
(E) Should the
			 respondent fail to properly request a hearing in accordance with section
			 119.07 of the Revised Code, that
			 respondent 
								will be deemed to have waived his or her right to
			 participate in any and all proceedings in front of a hearing officer should an
			 administrative hearing take place.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-06 - Filing

Current through all regulations passed and filed through July 1, 2024
(A) A certificate
			 of service 
								is not  required
			 for a filing of a request for hearing under section
			 119.07 of the Revised Code. A
			 hearing request is properly filed when it is made after the issuance of a
			 notice of an opportunity for hearing, made in writing by the named individual
			 or his or her duly authorized representative, and received
			  by the department within
			 thirty days of the mailing of the notice of an opportunity for
			 hearing.
(B) Paragraphs (C) to (H)
			 of this rule apply after a proper request for an administrative hearing is
			 received by the department.
(C) A
			 document is "filed" when it is received  by the department 
								by midnight. The burden
			 of ensuring that the document(s) is properly and timely filed is borne by the
			 party filing the document(s).
(D)
								 A party may file a document with the department in
			 person, by mail, facsimile, or electronic mail.
(E) All
			 documents 
								will contain the name, mailing address, email
			 address and telephone number of the party submitting it and
			 
								will be
			 appropriately captioned to indicate the name of the party on whose behalf the
			 document is filed.
(F) Any document
			 
								necessitating
								
								service by a party may be served
			 in person, by mail, facsimile, or electronic mail. Service is complete on the
			 date of mailing, date of personal service, date of facsimile of the document,
			 or date of the electronic mail of the document.
(G) Any signed statement is an acceptable
			 certificate of service so long as it contains all of the following information:
(1) Date of service;
(2)
									Email and
			 physical
									
									address where service was made;
(3) Name of the party or authority that was
			 served; and
(4) Method of
			 service.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-08 - Notice of date, time and place of hearings

Current through all regulations passed and filed through July 1, 2024
(A)
								Notice specifying
			 the date, time and place set for hearing is to be served as provided in Chapter
			 119. of the Revised Code. A continuance of a scheduled hearing date is to be
			 filed in accordance with rule
			 3301-73-10 of the Administrative
			 Code. This notice may be served electronically.
(B)
								All hearings will
			 be held virtually or in Columbus, Ohio, at the discretion of the hearing
			 officer, unless the superintendent or hearing officer determines that it is in
			 the best interest of the public or the parties that the hearing be held in a
			 different location, other than virtually or in Columbus, Ohio. This provision
			 does not limit the hearing officer's discretion to allow the receipt of
			 evidence in a place other than Columbus, Ohio.
(C)
								In the event of a
			 virtual hearing, the video conference platform selected should enable the
			 parties, the hearing officer, court reporter, and witnesses to see and converse
			 with each other and to display documentary and physical evidence. The video
			 conference platform selected should be widely available to the general public
			 to watch and listen to the hearing, upon request, unless the hearing portions
			 thereof are closed to the public by the hearing officer in accordance with rule
			 3301-73-09of the Administrative
			 Code.
Replaces: 3301-73-08
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-09 - Authority and duties of hearing officers

Current through all regulations passed and filed through July 1, 2024
(A)
								Administrative
			 hearings will be conducted before a hearing officer pursuant to section
			 3319.311 and Chapter 119. of the
			 Revised Code.
(B)
								All hearings will be open to the public, but, upon
			 motion by either party or at the hearing officer's discretion, the hearing
			 officer may close the hearing to the extent necessary to protect compelling
			 interests and rights or to comply with statutory requirements. In the event the
			 hearing officer closes the hearing, the hearing officer should state the
			 reasons therefore in the public record.
(C)
								The hearing
			 officer will conduct hearings in such a manner as to prevent unnecessary delay,
			 maintain order, and ensure the development of a clear and adequate
			 record.
(D)
								The authority of the hearing officer includes, but is
			 not limited to, the authority to:
(1)
									Administer oaths and affirmations;
(2)
									Examine parties
			 and witnesses;
(3)
									Direct parties and witnesses to
			 testify;
(4)
									Make rulings on the admissibility of
			 evidence;
(5)
									Make rulings on procedural motions, whether such
			 motions are oral or written;
(6)
									Hold pre-hearing
			 conferences;
(7)
									Request briefs before, during or following the hearing,
			 as well as suggested findings, orders, and conclusions of law within such time
			 limits as the hearing officer may determine;
(8)
									Prepare entries,
			 findings, orders, or reports and recommendations;
(9)
									Request
			 preparation of entries, findings, or orders;
(10)
									Issue
			 instructions as to how the proceeding is to be conducted in the event of a
			 virtual hearing;
(11)
									Rule on any challenges to a witness' competence,
			 capacity or identity;
(12)
									Order issuance of subpoenas and subpoenas duces tecum
			 compelling the attendance of witnesses at hearings and depositions testimony
			 and the production of evidence for hearings;
(13)
									Allow
			 depositions in lieu of live testimony;
(14)
									Provide or
			 disallow oral or written opening statements and closing
			 arguments;
(15)
									Consolidate one or more matters involving the same
			 respondent into one hearing;
(16)
									Take such other
			 actions as may be necessary to accomplish the purposes of paragraph (C) of this
			 rule; and
(17)
									Determine the order in which any hearing is to
			 proceed.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-10 - Continuance of a hearing

Current through all regulations passed and filed through July 1, 2024
(A) The department may continue a hearing on
			 its own motion as provided by the rules in this chapter and Chapter 119. of the
			 Revised Code.
(B) The parties may
			 agree to continue a hearing. If the parties agree to continue a hearing, the
			 hearing officer 
								will grant a continuance of the
			 hearing.
(C) The hearing officer
			 may continue a hearing upon a written motion of any party. Unless the parties
			 agree, hearings 
								will not be continued upon motion by a party
			 unless a showing of reasonable cause and proper diligence is presented. Before
			 granting any continuance, the hearing officer 
								will consider
			 the showing of reasonable cause and proper diligence along with the potential
			 harm that may result from the granting of the motion. The hearing officer may
			 grant a continuance if requested less than seven calendar days prior to the
			 scheduled date of the hearing if the parties agree or if a party demonstrates
			 that an extraordinary situation exists which could not have been anticipated
			 and which would justify the granting of a continuance.
(D) All motions for a continuance and any
			 supporting documentation 
								are to be filed with the department and served by
			 the moving party on both the hearing officer and the opposing party.
(E) If a continuance is granted, the hearing
			 officer 
								will, without any unnecessary delay, establish a new
			 hearing date and notify the parties, in writing, of the new hearing
			 date.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-11 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) All motions,
			 except as otherwise provided under this chapter or Chapter 119. of the Revised
			 Code, unless made upon the record at the hearing, 
								will be made in
			 writing.
(B) A written motion shall
			 state with particularity the relief or order sought,  be accompanied by a memorandum setting forth
			 the grounds therefore, and shall be filed in compliance with rule
			 3301-73-06 of the Administrative
			 Code. A proposed entry may accompany any motion.
(C) All motions except for motions for
			 continuance and those motions filed subsequent to the close of the
			 administrative hearing record shall be made no later than fourteen days before
			 the date of hearing unless express exception is granted by the hearing officer
			 or by this chapter.
(D) All
			 motions, together with supporting documentation, if any, shall be served by the
			 moving party on the department, opposing party
			 and the hearing officer.
(E) Within
			 ten days from the date of service of a written  motion, or such other time as is fixed
			 by the hearing officer, a response to that motion may be filed. No reply
			 responses 
								are
			 to be permitted.
(F) Before
			 ruling upon a written motion, the hearing officer 
								will consider
			 all memoranda and supporting documents filed. The hearing officer
			 
								will
			 make a ruling on a written motion within fourteen days after the response to a
			 motion is due. Any requests to extend the time to file the ruling must be
			 submitted in writing to the superintendent and  include an explanation why such extension is
			 necessary. Such request 
								will be decided by the superintendent or his/her
			 designee. The hearing officer 
								will file 
								a written ruling that includes a statement of the
			 reasons for the ruling with the department. The department
			 
								will
			 serve copies of the ruling on the parties and/ or
			 their counsel.
(G) The ruling on
			 all oral motions made at hearing 
								will be included in the record except where the
			 hearing officer elects to take the motion under advisement and issue a written
			 ruling at a later time.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-12 - Pre-hearing conferences; status conferences

Current through all regulations passed and filed through July 1, 2024
(A) Upon being appointed to preside over an
			 administrative hearing, the hearing officer may, in accordance with paragraph
			 (D) of this rule, schedule a pre-hearing conference and direct participation by
			 the parties in the pre-hearing conference.
(B) The hearing officer
			 
								will,
			 in accordance with paragraph (D) of this rule, upon motion of any party,
			 schedule a pre-hearing conference.
(C) The hearing officer
			 
								will
			 issue a journal entry setting the date and time for any prehearing
			 conference.
(D) Pre-hearing
			 conferences may be held for the following purposes:
(1) Identification of issues;
(2) Obtaining stipulations and
			 admissions;
(3) Agreements limiting
			 the number of witnesses;
(4)
			 Discussion of documents, exhibits, and witness lists;
(5) Estimating the time necessary for
			 hearing;
(6) Scheduling hearing
			 dates and times;
(7) Establishing
			 other scheduling orders; or
(8)
			 Discussion of any other matters the hearing officer deems
			 appropriate.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-14 - Depositions in lieu of testimony, prior testimony, and testimony by electronic means at a hearing

Current through all regulations passed and filed through July 1, 2024
(A) Upon written motion of any party, and
			 upon service of that motion to the opposing party, the hearing officer may
			 order that the testimony of a witness be taken by deposition in lieu of live
			 testimony under such conditions and terms as the hearing officer
			 
								will
			 set, and may order that any information, in whatever form maintained, be
			 produced so long as not privileged, at the same time and place of the
			 deposition if it appears probable that:
(1)
			 The witness will be unavailable to attend the administrative hearing;
(2) The testimony of the witness is
			 material;
(3) The testimony of the
			 witness is necessary;
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-15 - Stipulations by parties

Current through all regulations passed and filed through July 1, 2024
The parties , by
				stipulation, may agree on any or all facts
				or conclusions of law involved in proceedings
				before the hearing officer. The hearing officer may thereafter require
				development of any fact deemed necessary for just adjudication.
				The parties, by stipulation, may agree to the admission
				of exhibits into evidence at hearing. All stipulations agreed to by the parties
				shall be in writing or read into the administrative hearing
				record.
Five Year Review (FYR) Dates:
				10/11/2018 and
				10/11/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3319.311,
				3319.31,
				3301.07
Rule
				Amplifies: 3319.31,
				3319.311
Prior
				Effective Dates: 09/25/2004,
				03/27/2014
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-16 - Witnesses

Current through all regulations passed and filed through July 1, 2024
(A) All witnesses
			 at any administrative hearing or during any deposition in lieu of live
			 testimony at hearing shall testify under oath or affirmation.
(B) A witness may be accompanied and advised
			 by legal counsel who has been admitted to practice law in the state of Ohio.
			 Participation by counsel for a witness other than the respondent is limited to
			 protection of that witness' rights, and counsel for a witness may neither
			 examine nor cross-examine any witnesses.
(C) Should a witness refuse to answer a
			 question ruled proper at a hearing or disobey a subpoena, the state board may
			 institute contempt proceedings pursuant to section
			 119.09 of the Revised
			 Code.
(D) Neither a presiding board
			 member nor a presiding hearing officer 
								is a competent witness in any
			 administrative proceeding or subject to deposition in lieu of live testimony. A
			 presiding board member is a board member who has a decisive role in the outcome
			 of the matter in question. A presiding hearing officer is the hearing officer
			 assigned to the matter in question. Evidence or testimony from other persons
			 relating to the mental processes of a presiding board member or presiding
			 hearing officer shall not be admissible in any adjudication
			 proceeding.
(E) Unless the
			 testimony of a non-presiding state board member or a non-presiding hearing
			 officer is material to the factual allegations set forth in the notice of
			 opportunity for hearing, neither a non-presiding state board member
			 
								nor a
			 non-presiding hearing officer 
								may be a witness or subject to deposition in lieu
			 of live testimony in any adjudication proceeding. A non-presiding board member
			 is a sitting or former board member who does not have a decisive role in the
			 outcome of the matter in question due to recusal, absence or other reason. A
			 non-presiding hearing officer is a hearing officer not assigned to the matter
			 in question.
(F) Any party may move
			 for a separation of witnesses. Absent exceptional circumstances, the hearing
			 officer 
								will order a separation of witnesses. A separation of
			 witnesses 
								does not apply to the parties or the designated
			 representative(s) of the parties. The hearing officer
			 
								will
			 determine whether a separation of witnesses 
								will apply to
			 expert witnesses.
(G) Each party,
			 prior to or immediately upon the start of a hearing, shall inform the hearing
			 officer of the identity of each potential witness for his/her case present in
			 the hearing . A witness who remains in
			 the hearing  during testimony after a
			 separation of witnesses is ordered 
								will be disqualified by the hearing officer from
			 testifying in the hearing.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-17 - Certified records

Current through all regulations passed and filed through July 1, 2024
(A) A certified copy of any law enforcement
			 record, court record, agency record, employment record, or other acknowledged
			 document kept in the ordinary course of business 
								is self
			 authenticating.
(B) A certified
			 copy of a plea of guilty to or a judicial finding of guilt to any crime is
			 conclusive proof of the commission of all of the elements of the
			 crime.
(C) A certified copy of any
			 prior disciplinary action by any licensing entity in this state or in another
			 
								jurisdiction is conclusive proof of the prior
			 disciplinary action.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-18 - Evidence

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio rules
			 of evidence may be taken into consideration by the hearing officer in
			 determining the admissibility of evidence, but shall not be controlling.
Five Year Review (FYR) Dates:
				10/11/2018 and
				10/11/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3319.311,
				3319.31,
				3301.07
Rule
				Amplifies: 3319.31,
				3319.311
Prior
				Effective Dates: 09/25/2004
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-19 - Transcripts

Current through all regulations passed and filed through July 1, 2024
(A) The respondent
			 may obtain duplicate transcripts of the stenographic record taken of a hearing
			 directly from the court reporter at the requestor's expense.
(B)
			 Transcripts of an administrative hearing 
								are a public record under section
			 149.43 of the Revised Code and
			 
								will be
			 redacted in accordance with paragraph (J) of rule
			 3301-73-04 of the Administrative
			 Code.
(C) Any portion of a
			 hearing transcript which contains information that is required to be kept
			 confidential pursuant to federal, state, or local law
			 
								will be
			 sealed by order of the hearing officer and made part of the hearing record.
			 Confidential portions of hearing transcripts 
								are not
			  a public record under section
			 149.43 of the Revised
			 Code.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-21 - Conduct unbecoming; aggravating and mitigating factors

Current through all regulations passed and filed through July 1, 2024
(A) The state board
			 of education 
								will consider, but not be limited to, the following
			 factors when evaluating conduct unbecoming under division (B)(1) of section
			 3319.31 of the Revised Code:
(1) Crimes or misconduct involving
			 minors;
(2) Crimes or misconduct
			 involving school children;
(3)
			 Crimes or misconduct involving academic fraud;
(4) Making, or causing to make, any false or
			 misleading statement, or concealing a material fact in a matter pertaining to
			 facts concerning qualifications for professional practice and other educational
			 matters, or providing false, inaccurate, or incomplete information about
			 criminal history or prior disciplinary actions by the state board or another
			 professional licensing board or entity;
(5) Crimes or misconduct involving the school
			 community, school funds, or school equipment/property, which may include, but
			 are not limited to, findings for recovery by the state auditor;
(6) A plea of guilty to,
			 
									a finding
			 of guilt,  a conviction, granting of
			 treatment in lieu of conviction, or a pre-trial diversion program to any
			 offense in violation of federal, state, or local laws and/or statutes regarding
			 criminal activity;
(7) A violation
			 of the terms and conditions of a consent agreement;
(8)
									A violation of the licensure code of professional
			 conduct for Ohio educators;
(9)
									A violation of
			 the Revised Code that specifically addresses educator misconduct including but
			 not limited to sections
			 3319.151,
			 3319.15, and3314.103of the Revised Code;
			 and
(10) Any other crimes
			 or misconduct that negatively reflect upon the teaching profession, including
			 sanctions and/or disciplinary action by another state educational entity or
			 another professional licensing board or entity.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-22 - Suspension, revocation, permanent revocation and admonishment

Current through all regulations passed and filed through July 1, 2024
(A) The state
			 board, in accordance with Chapter 119. and section
			 3319.311 of the Revised Code,
			 may suspend, revoke or deny a license as specified in paragraph (A) of this
			 rule.
(1) Suspension of a license
			 
									will be
			 for a specified period of time, or until the educator completes any education
			 requirements, criminal background check requirements, or other conditions
			 required in the state board's order or consent agreement.
(a) At the conclusion of the specified
			 period, upon demonstration of compliance with any educational requirements,
			 criminal background check requirements, and other conditions in the state
			 board's order or consent agreement, the license 
										will be
			 reactivated.
(b) A suspended
			 license 
										is subject to expiration.
(c) A suspension can be stayed in whole or
			 part.
(d) A stayed suspension
			 
										will be
			 considered a suspension for all licensure reporting requirements.
(e) When an educator's license is suspended,
			 the state board may issue an order stating that
			 the educator is not eligible to apply or reapply for any license with the
			 department during the time period of the license suspension.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-25 - Automatic revocation or denial

Current through all regulations passed and filed through July 1, 2024
(A) The superintendent
			 
								will
			 revoke a license or deny issuance or renewal of a license 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 division (C) or (F) of section
			 3319.31 of the Revised
			 Code.
(B) The superintendent
			 
								will
			 obtain certified court records to verify 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
			 division (C) or (F) of section
			 3319.31 of the Revised Code. In
			 the case of a sealed or expunged conviction, the superintendent
			 
								will
			 obtain any and all records, including official results of a criminal background
			 check, to verify 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 division (C) or (F) of section
			 3319.31 of the Revised
			 Code.
(C) If the superintendent
			 issues a written order to revoke a license or deny issuance or renewal of a
			 license pursuant to division (C) or (F) of section
			 3319.31 of the Revised Code, the
			 written order shall contain the following information:
(1) That the revocation or denial of the
			 license 
									is effective immediately upon the date of the written
			 order;
(2) Notification to the
			 respondent of the plea of guilty to, finding of guilt by a jury or court of, or
			 conviction that is the basis for the written order;
(3) That the respondent has no right to
			 appeal the superintendent's written order under Chapter 119. of the Revised
			 Code pursuant to division (C) of section
			 3319.31 of the Revised
			 Code;
(4) That the respondent
			 
									is no
			 longer be permitted to hold any position that requires a license issued by the
			 state board in any school district in the state;
(5) That the respondent
			 
									is
			 ineligible for and shall not apply for any license issued by the state board;
			 and
(6) That the revocation or
			 denial of the license 
									will remain in effect during the pendency of an
			 appeal by the respondent of the plea of guilty, finding of guilt, or conviction
			 that is the basis for the written order.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-26 - Action after appeal of conviction

Current through all regulations passed and filed through July 1, 2024
(A) The superintendent is required to take
			 action pursuant to division (E) of section
			 3319.31 of the Revised Code only
			 after receiving notice from the clerk of court or a properly filed petition for
			 reconsideration  verifying that the plea, finding, or conviction that
			 was the basis of an action taken under division (B)(2) of section
			 3319.31 of the Revised Code,
			 division (C) of section
			 3319.31 of the Revised Code or
			 division (F) of section
			 3319.31 was overturned.
A petition for reconsideration is "properly filed" when it is
				made in writing, and includes a certified copy of the court records
				demonstrating that the plea, finding, or conviction has been overturned.
(B) If the superintendent
			 determines, pursuant to division (E) of section
			 3319.31 of the Revised Code,
			 that the respondent's license 
								should be reinstated or granted without
			 limitations after receiving a notice from the clerk of courts or properly filed
			 petition for reconsideration, the superintendent 
								will notify the
			 respondent and any former, current, or reporting school district through a
			 written order. The reinstatement or granting of the license
			 
								will be
			 effective immediately upon the date of the written order, but is not
			 necessarily an adjudication on the merits of the case.
(C) The written order issued pursuant to
			 paragraph (B) of this rule shall be sent by registered mail to the respondent.
(1) If the written order is returned because
			 the respondent failed to claim or refused delivery of the written order, the
			 superintendent shall send the written order by first class mail to the
			 respondent at the respondent's last known address, and
			  obtain a certificate of mailing.
			 Service by first class mail is complete when the certificate of mailing is
			 obtained, unless the notice is returned showing failure of delivery.
(2) If the written order sent by registered
			 or first class mail is returned for failure of delivery, the superintendent
			 shall make personal delivery of the notice by an employee, agent of the agency,
			 or agent hired by the agency, or 
			 cause a summary of the substantive provisions of the written order to be
			 published in the educator conduct database and the educator's electronic
			 credential history, which can be accessed through the department's website
			 (education.ohio.gov) for a period of thirty days. After the thirty calendar
			 days have expired, the superintendent shall remove the initial written order
			 revoking or denying the respondent's license and the subsequent written order
			 granting or reinstating the respondent's license from the educator database.
			 The written orders shall be maintained with the department's official
			 records.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-27 - Extension and computation of time

Current through all regulations passed and filed through July 1, 2024
(A)
								The state board
			 or its hearing officer may extend the time for filing or responding to motions
			 and briefs.
Requests for extension of time shall be
				made in writing and filed as provided in rule
				3301-73-06 of the Administrative
				Code prior to the expiration of any applicable time
				limit.
(B)
								In the computation of any time limit under Chapter
			 3301-73 of the Administrative Code, the date of occurrence of the event causing
			 time to run is not counted. The last day of the period is included in the
			 computation of the time limit. If the last day of a period is not a regular
			 business day, the time period ends at midnight of the next regularly scheduled
			 business day.
Replaces: 3301-73-27
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-01 - Calculation of pupil transportation operation payments

Current through all regulations passed and filed through July 1, 2024
(A) Formula for calculation of regular education
			 payment amounts.
(1) Type I (board-owned and
			 operated school buses):
(a) Funding shall be
			 computed and distributed as specified in section 
											3317.0212
										 of the Revised
			 Code.
(b) Qualifying
			 ridership shall be defined as the average daily number
			 of 
										qualifying riders who are provided school bus
			 service
										 pursuant to
			 division (A) of section
			 3317.0212 of the Revised
			 Code.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-03 - Purpose

Current through all regulations passed and filed through July 1, 2024
The purpose of Chapter 3301-83 of the Administrative Code is to
				reduce and prevent, to the greatest extent possible, death or injury to pupils
				and to ensure uniform, economical and efficient pupil transportation
				operations.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-04 - Scope and definition

Current through all regulations passed and filed through July 1, 2024
The rules in this chapter are designed to establish minimum
				requirements for a safe pupil transportation program, including management,
				general operation, maintenance of school buses and other transportation
				vehicles, training of personnel, pupil management, driver qualifications and
				emergency procedures.
The rules in this chapter shall apply to all student
				transportation operations pursuant to section
				4511.76 of the Revised
				Code.
As contained in this chapter, "school bus owner" means the
				board of education of a city, local or exempted village school district, the
				governing board of an educational service center, county boards of
				 developmental
				disabilities, and the governing authority of all non-public schools, community
				schools, private contractors and head start programs.
The rules in this chapter shall not apply to parental
				transportation that is provided outside the authority of a school or education
				program, or by any parent for their own children.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-05 - Administration

Current through all regulations passed and filed through July 1, 2024
Responsibility for administration of pupil transportation
				operation and safety rules
(A) The
			 state agencies responsible for pupil transportation may assist in pupil
			 transportation operation and safety by providing:
(1) Leadership;
(2) Management;
(3) Safety programs;
(4) Training programs.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-06 - Personnel qualifications

Current through all regulations passed and filed through July 1, 2024
(A) The transportation director/supervisor
Qualifications shall include:
(1) A satisfactory driving record as verified
			 through checks made by the employing agency.
(2) A satisfactory work history as verified
			 through professional references.
(3) A satisfactory criminal background report
			 in accordance with divisions (J) and (K) of section
			 3327.10 of the Revised
			 Code.
(4) Post-high school
			 education or work experience in education, business administration, management
			 or transportation as determined by the school bus owner.
(5)
									Completion of annual
									 participation in a minimum of four hours of
			 inservice training related to school
			 transportation, in school transportation-related training.
(6)
			 Completion of the classroom portion of the Ohio preservice driver training
			 program at least once every six years pursuant to paragraph (A)(2) of rule
			 3301-83-10
			 of the Administrative Code.
Newly assigned administrators shall complete the classroom
				portion of the Ohio preservice driver training program within one year of their
				appointment to the position.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-07 - School transportation driver physical qualifications rule

Current through all regulations passed and filed through July 1, 2024
(A) A person who
			 meets the physical qualifications set forth in this rule as certified by a
			 proper medical authority may be authorized to operate a school bus, as defined
			 by division (F) of section
			 4511.01 of the Revised Code or a
			 vehicle other than a school
			 bus
								 as
			 defined in paragraph (C) of rule
			 3301-83-19
			 of the Administrative Code, for the purpose of transporting pupils.
(B)
								Annually,
			 one
								 or more of the following
			 licensed individuals shall
								 be appointed
			  by all school bus owners to
			 conduct the medical examinations in compliance
			 with this rule:
(1) A person licensed under
			 Chapter 4731. of the Revised Code or by another state to practice medicine and
			 surgery,
									
			 osteopathic medicine and surgery, or
			 chiropractic;
(2) Physician
			 assistant;
(3) Certified nurse
			 practitioner;
(4) Clinical nurse
			 specialist;
(5) Certified nurse-midwife; or
(6)
									A medical
			 examiner who is listed on the national registry of certified medical examiners
			 established by the federal motor carrier safety administration in accordance
			 with 49. C.F.R. part 390.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-08 - Pupil transportation management policies

Current through all regulations passed and filed through July 1, 2024
Pupil transportation management policies
				and procedures shall
								 be developed cooperatively by administrators
				and transportation personnel. Policies and procedures
				shall  be designed to ensure
				the safety and welfare of all school bus passengers and shall include
				the following:
(A) The school bus driver's authority and/or
			 responsibility to maintain control of the pupils.
(B) The pupil's right to "due process" as
			 provided for by the policies and procedures of the educating agency.
(C) Pupil management and safety instruction
			 policies shall include the following:
(1)
			 Pupils shall arrive at the bus stop before the bus is scheduled to
			 arrive.
(2) Pupils must wait in a
			 location clear of traffic and away from the bus stops.
(3) Behavior at the school bus stop must not
			 threaten life, limb or property of any individual.
(4) Pupils must go directly to an available
			 or assigned seat so the bus may safely resume motion.
(5) Pupils must remain seated keeping aisles
			 and exits clear.
(6) Pupils must
			 observe classroom conduct, or the bus conduct
			 established by administrators and transportation personnel, and obey the
			 driver promptly and respectfully.
(7) Pupils must not use profane
			 language.
(8) Pupils must refrain
			 from eating and drinking on the bus except as required for medical reasons
			 or as permitted by the school district for non-routine
			 trips during which the pupils on the bus shall be supervised by a chaperone(s)
			 as described in rule
			 3301-83-16
			 of the Administrative Code, a school administrator or school
			 personnel.
(9) Pupils must
			 not use nicotine products on the bus.
(10) Pupils must not have alcohol or drugs in
			 their possession on the bus except for prescription medication required for a
			 student.
(11) Pupils must not throw
			 or pass objects on, from or into the bus.
(12) Pupils may carry on the bus only objects
			 that can be held in their laps. Any objects that cannot
			 be held must comply with the requirements set forth in
									paragraph (H)
									 of rule
			 3301-83-20 of the
			 Administrative Code.
(13) Pupils must leave or board the bus at
			 locations to which they have been assigned unless they have parental and
			 administrative authorization to do otherwise.
(14) Pupils must not put head or arms out of
			 the bus windows.
(15) Guidelines
			 will be formulated for the use and storage of equipment and other means of
			 assistance required by preschool and special needs children.
(16) Drivers and bus aides must have access
			 to appropriate information about the child to the degree that such information
			 might affect safe transportation and medical well-being. This information must
			 be readily accessible in the transportation office. All such information is
			 strictly confidential.