Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-83 - Pupil Transportation › Section 3301-83-23 - Employment of school bus and van drivers with certain criminal convictions

Current through all regulations passed and filed through July 1, 2024
(A) Definitions
(1) "Applicant" means one who is under final
			 consideration for appointment or employment as a pupil transportation
			 driver.
(2) "Criminal records
			 check" has the same meaning as in section
			 109.572 of the Revised Code. For
			 the purposes of this rule, "date of criminal records check" shall mean the date
			 of receipt of the results of a background check requested by a district or
			 employer, which shall be time-stamped by the district on the date of receipt by
			 the district.
(3) "School" means a
			 school district as described in section
			 3311.01 of the Revised Code, a
			 municipal school district as described in section
			 3311.71 of the Revised Code, an
			 educational service center, a community school, a county department of
			 developmental disabilities, a chartered non-public school, or a preschool
			 program.
(4) "Employee" means a
			 current employee of a school district or employer as a school transportation
			 driver who is subject to the requirements of a background check pursuant to
			 section 3327.10 of the Revised
			 Code.
(5) "Offense" for the
			 purposes of this rule means an offense as listed in sections of the Revised
			 Code as listed in this rule and includes any municipal ordinance, law of this
			 state, another state, or the United States that is substantially equivalent to
			 one of the offenses referred to in this rule.
(6) "Non-rehabilitative offense" means a
			 criminal offense that would prohibit an employer from hiring or continuing
			 employment of such an individual, and are the following:
(a) Sexually-oriented offenses: section
			 2907.02(rape),
			 2907.03 (sexual battery),
			 2907.04 (unlawful sexual conduct
			 with a minor), 2907.05 (gross sexual
			 imposition), 2907.06 (sexual imposition),
			 2907.07(importuning),
			 2907.21 (compelling
			 prostitution), 2907.22 (promoting
			 prostitution), 2907.23(procuring),
			 2907.25 (prostitution; after
			 positive HIV test), 2907.31 (disseminating matter
			 harmful to juveniles),
			 2907.32 (pandering obscenity),
			 2907.321 (pandering obscenity
			 involving a minor), 2907.322 (pandering sexually
			 oriented matter involving a minor), or
			 2907.323 (illegal use of a minor
			 in nudity-oriented material or performance) of the Revised Code or a violation
			 of former section 2907.12 (felonious sexual
			 penetration) of the Revised Code.
(b) Child-related violent offenses: section
			 2905.01(kidnapping),
			 2905.02(abduction),
			 2905.05 (criminal child
			 enticement), or 2919.23 (interference of
			 custody) of the Revised Code that would have been a violation of section
			 2905.04 (child stealing) of the
			 Revised Code as it existed prior to July 1, 1996, had the violation been
			 committed prior to that date, division (B)(1), (B)(2), (B)(3), or (B)(4) of
			 section 2919.22 (endangering children)
			 of the Revised Code.
(c) Violent
			 offenses: section 2903.01 (aggravated murder),
			 2903.02(murder),
			 2903.03 (voluntary
			 manslaughter), 2903.04 (involuntary
			 manslaughter), 2903.06 (vehicular manslaughter
			 and assault), 2903.08 (vehicular manslaughter
			 and assault), 2903.09 (vehicular manslaughter
			 and assault), or 2909.24(terrorism)
			  of the Revised Code.
(d) "Other violence-related offenses," which
			 mean a violation of the following sections that occurred either within twenty
			 years prior to the date of the current application for a position as a school
			 transportation driver or, for a current employee, within twenty years prior to
			 the date of the current criminal records check:
			 2903.11 (felonious assault),
			 2903.12 (aggravated assault),
			 2911.01 (aggravated robbery),
			 2911.02(robbery),
			 2911.11 (aggravated burglary),
			 or 2923.161 (improper discharge
			 firearm at or into habitation; school-related offenses) of the Revised Code;
			 3716.11 (placing harmful objects
			 in food/confection), 2919.12 (unlawful abortion) of
			 the Revised Code.
(e) "Drug
			 offenses," which mean a violation of the following sections that occurred
			 either within ten years prior to the date of the current application for a
			 position as a school transportation driver or, for a current employee, within
			 ten years prior to the date of the current criminal records check: section
			 2925.02 (corrupting another with
			 drugs), 2925.03 (trafficking in drugs),
			 2925.04 (illegal manufacture of
			 drugs or cultivation of marihuana),
			 2925.05 (funding of drug or
			 marihuana trafficking), or
			 2925.06 (illegal administration
			 or distribution of anabolic steroids) of the Revised Code.
(f) "Non-violent theft offense," which means
			 a violation of section
			 2911.12(burglary)
			  of the Revised Code that occurred either
			 within ten years prior to the date of the current application for a position as
			 school transportation driver with the district or, for a current employee,
			 within ten years prior to the date of the current criminal records
			 check.
(g) "Major motor vehicle
			 offenses," which means a violation of section
			 4511.19 (operating a motor
			 vehicle under the influence) of the Revised Code, that
			 occurred within ten years prior to the date of the current application for a
			 position as a student transportation driver or within ten years prior to
			 current records check for a current employee; and
										4511.20 (reckless operation),
			 4510.11 (driving under
			 suspension), 4510.14 (driving under OVI
			 suspension), or 4511.194 (physical control while
			 under the influence) of the Revised Code, that occurred either within six years prior to
			 the date of the current application for a position as student transportation
			 driver, or for a current employee, within six years prior to the date of the
			 current records check.
(h) "Other
			 offenses," which mean a violation of the following sections that occurred
			 either within five years prior to the date of the current application for a
			 position as school transportation driver, or for a current employee, within
			 five years prior to the date of the current criminal records check:
			 2903.13(assault),
			 2903.16 (failing to provide for
			 a functionally impaired person),
			 2903.21 (aggravated menacing),
			 2903.34 (patient use or
			 neglect), 2907.08(voyeurism),
			 2907.09 (public indecency),
			 division (A) of section
			 2919.22 (endangering children),
			 2919.24 (contributing to
			 unruliness or delinquency of a child),
			 2919.25 (domestic violence),
			 2923.12 (carrying concealed
			 weapons), 2923.13 (having weapons while
			 under disability), or
			 2925.11 (possession of a
			 controlled substance that is not a minor drug possession offense) of the
			 Revised Code.
(i) "Other motor
			 vehicle offenses," which means a violation of section
			 4511.75 (violation of school bus
			 warning lights), 4511.21 (school zone speed
			 limit) while operating a school vehicle, or
			 4511.62 (railroad crossing
			 violation) of the Revised Code; that occurred either within one year prior to
			 the date of the current application for a position as student transportation
			 driver, or for a current employee, within one year prior to the date of the
			 current records check.