Chapter 3301-20 | Standards for Employment of Individuals With Criminal Convictions

Rule 3301-20-01 | Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions.

• Effective: July 27, 2023
• Promulgated Under: 119.03

The purpose of this rule is to ensure the safety and well-being of students, and, pursuant to sections 3319.39 and 3319.31 of the Revised Code, establish rehabilitation standards for those individuals with certain criminal convictions and other alternative dispositions seeking employment with a district for a position that requires a license issued by the state board of education, those currently employed by a district in a position that requires a license issued by the state board of education, and those seeking or currently holding licensure by the state board of education. The provisions of this rule apply to teachers, substitutes, educational aides, holders of pupil activity permits, and any other position which requires a license issued by the state board of education.

(A) The following terms are defined as they are used in this rule:

(1) "Applicant" means one of the following:

(a) One who is under final consideration for appointment or employment in a position that requires a license issued by the state board of education. An "applicant" does not include a person currently employed by a district in a position that requires a license issued by the state board of education who is under consideration for a different position with the same district; or

(b) A person who has never held or who is applying for an initial license, certificate, or permit described in Chapter 3319. or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code.

(2) "Educator" means a person holding or having previously held any license, certificate, or permit described in Chapter 3319. or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code.

(3) "Criminal records check" has the same meaning as 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) "State board" means the Ohio state board of education as defined in section 3301.01 of the Revised Code.

(6) "Superintendent" means the superintendent of public instruction and his/her designee as defined in section 3301.13 of the Revised Code.

(7) "Department" means the Ohio department of education as defined in section 3301.13 of the Revised Code.

(8) "License" means the same as the term license as defined in division (A) of section 3319.31 of the Revised Code.

(9) "Upon learning" means when first having knowledge of either official results of a criminal background check or a guilty plea, finding of guilt or conviction that has been verified through certified court or law enforcement records.

(10) "Absolute bar offense" means any offense listed in division (C) of section 3319.31 of the Revised Code.

(11) "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.

(12) For the purposes of this rule, the term "conviction" or "convicted" includes any determination of guilt resulting from a plea of guilty to or a finding of guilt by a jury or court of any violation of an offense.

(B) Unless otherwise permitted by law, no district may employ, the state board will not issue a license to, and the superintendent will not enter into a consent agreement with an educator upon learning that the educator has been convicted of any absolute bar offense, if the conviction occurred after the issuance of the educator's initial license.

(C) Division (C) of section 3319.31 of the Revised Code requires the state board to revoke an educator's license upon learning that the educator has been convicted of any violation of any absolute bar offense. If the state board intends to deny or revoke a license the state board will act in accordance with division (C) of sections 3319.31 and 3319.311 of the Revised Code and Chapter 3301-73 of the Administrative Code.

(D) The following only applies to convictions of guilty pleas to an offense that occurred after an educator's initial license. If an educator has been convicted of any offense, the state board will act in accordance with sections 3319.31 and 3319.311 of the Revised Code and Chapter 3301-73 of the Administrative Code. An educator is deemed rehabilitated regarding the conviction of guilty plea to any offense that is listed in section 3319.39 of the Revised Code, that is not an absolute bar offense, when the educator's license is in good standing and the educator:

(1) Signs and returns a letter of admonishment from the department listing the specific offense;

(2) Executes a consent agreement with the department listing the specific offense;

(3) Receives a board resolution listing the specific offense.

An educator is employable regarding the conviction or guilty plea to an offense listed in section 3319.39 of the Revised Code, that is not an absolute bar offense, in the absence of a disciplinary action if the educator has a license in good standing or is otherwise employable pursuant to section 119.06 of the Revised Code.

(E) No district may employ, an applicant who has previously been convicted of an offense listed in division (B)(1) of section 3319.39 of the Revised Code or section 3319.31 of the Revised Code if that offense listed in division (B)(1) of section 3319.39 or 3319.31 of the Revised Code is also contained on the list published on the department's website in accordance with division (B)(1) of section 9.79 of the Revised Code, entitled "disqualifying offenses pursuant to ORC 9.79," until the applicant has obtained an initial license from the state board.

(F) This rule is applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to section 2953.32 of the Revised Code. For purposes of this rule, a sealed conviction includes a conviction that has been expunged pursuant to a court order.

(G) A conviction of an offense listed in division (B)(1) of section 3319.39 of the Revised Code or section 3319.31 of the Revised Code does not prevent an applicant's licensure or hiring if the applicant has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, unconditional pardon includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(H) If an applicant or educator has been granted a judicial finding of eligibility for intervention in lieu of conviction under section 2951.041 of the Revised Code, or has agreed to participate in a pre-trial diversion program under section 2935.36 of the Revised Code, or a similar diversion program under rules of a court, for any offense listed in division (B)(2) of section 3319.31 or division (C) of 3319.31 of the Revised Code, the state board will act in accordance with sections 3319.31 , 3319.311 and 9.79 of the Revised Code, if applicable, and Chapter 3301-73 of the Administrative Code.

(I) This rule is promulgated under the state board and department of education's rule-making authority under section 3319.31, division (E) of section 3319.311, and section 3319.39 of the Revised Code.

(J) Thorough documentation of the district's proceedings and decision on employment shall be maintained in the district's files.

Last updated December 27, 2023 at 1:59 PM

Supplemental Information

Authorized By: 3319.39, 3319.31, 3301.07
Amplifies: 3319.291, 3319.39, 3319.311, 3319.31
Five Year Review Date: 7/27/2028

Rule 3301-20-03 | Employment of non-licensed individuals with certain criminal convictions.

• Effective: November 8, 2020
• Promulgated Under: 119.03

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 section 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.

(B) No district shall hire an applicant upon learning that he/she has been convicted of an absolute bar offense.

(C) A district shall release an employee from employment upon learning that he/she has been convicted of an absolute bar offense. This division shall not apply to any convictions that the district learned about prior to the effective date of this rule.

(D) No district shall hire an applicant who has been convicted of an offense listed in division (B)(1) of section 3319.39 of the Revised Code unless all of the following conditions are met:

(1) The offense is not one of the absolute bar offenses defined in paragraph (A)(6) of this rule.

(2) At the time of the offense, the victim of the offense was not a person under eighteen years of age or enrolled as a student in a district;

(3) The applicant can demonstrate rehabilitation by meeting the following rehabilitation criteria:

(a) If the offense was a felony, at least five years have elapsed since the applicant was fully discharged from imprisonment, probation, or parole or the applicant has had the record of his/her conviction sealed or expunged pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state or the United States that is substantially equivalent to section 2953.32 of the Revised Code.

(b) If the offense was a misdemeanor, at least five years have elapsed since the date of conviction or the applicant has had the record of his/her conviction sealed or expunged pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state or the United States that is substantially equivalent to section 2953.32 of the Revised Code.

(c) The applicant is not a repeat offender. A repeat offender is an applicant who has been convicted of any of the offenses listed in division (B)(1) of section 3319.39 of the Revised Code two or more times in separate criminal actions. The following factors shall be considered when determining an applicant's repeat offender status:

(i) A sealed or expunged conviction shall not be counted; and

(ii) Convictions resulting from or connected with the same act, or resulting from offenses committed at the same time shall be counted as one conviction.

(d) Upon the request of the hiring school district, the applicant shall provide written confirmation of his/her efforts at rehabilitation, the results of those efforts, and whether the terms of his/her probation, parole or deferred adjudication have been completed. Written confirmation may include a statement by a court, parole officer, probation officer, treatment provider and/or counselor that the applicant has been rehabilitated. Such written confirmation will not be conclusive evidence that the applicant has met the other rehabilitation criteria listed in this rule.

(e) A reasonable person would conclude that the applicant's hiring or licensure will not jeopardize the health, safety, or welfare of the persons served by the district. Evidence that the applicant's hiring or licensure will not jeopardize the health, safety, or welfare of the persons served by the district shall include, but not be limited to the following factors:

(i) The nature and seriousness of the crime;

(ii) The extent of the applicant's past criminal history;

(iii) The age of the applicant when the crime was committed;

(iv) The amount of time that has elapsed since the applicant's last criminal activity;

(v) The conduct and work history of the applicant before and after the criminal activity;

(vi) Whether the applicant has completed the terms of his/her probation or deferred adjudication;

(vii) Evidence of rehabilitation;

(viii) Whether the applicant fully disclosed the crime to the hiring school district;

(ix) Whether employment or licensure will negatively impact the health, safety, or welfare of the school community;

(x) Any other factors the district considers relevant.

(E) It is the applicant's duty to provide written evidence upon applicant for employment that the conditions specified in paragraph (C) of this rule are met. If the applicant fails to provide such evidence or if the district determines that the proof offered is inconclusive or does not establish proof of rehabilitation, the applicant shall not be hired. Any doubt shall be resolved in favor of protecting the persons served by the district.

(F) This rule is applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to section 2953.32 of the Revised Code. For the purposes of this rule, a sealed conviction includes a conviction that has been expunged pursuant to a court order.

(G) A conviction of an offense listed in division (B)(1) of section 3319.39 of the Revised Code shall not prevent an applicant's hiring if the applicant has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For the purposes of this rule, unconditional pardon includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(H) A district maintains the discretion whether to employ or retain in employment an individual who has been deemed rehabilitated pursuant to this rule.

(I) As a condition of initial or continued employment pursuant to the requirements of this rule, the district may request the applicant or employee to be evaluated by a licensed provider (e.g. physician, psychologist, psychiatrist, independent social worker, professional counselor, chemical dependency counselor, etc.) and/or successfully complete a recognized and/or certified treatment program relevant to the nature of the conviction. (Unless otherwise specified in an employee contract, labor agreement, or other similar agreement, the employee or applicant shall bear all direct and associated costs of the evaluation and treatment program.) Failure on the part of an applicant or employee to comply with the district's request pursuant to this paragraph may be considered by the district as a factor against initial or continued employment.

(J) Prior to rendering a decision on employment, the district shall provide an opportunity for a meeting to an employee, if requested by the individual, so that he/she may provide evidence of rehabilitation pursuant to the requirements of this rule.

(K) Thorough documentation of the district's proceedings and decision on employment shall be maintained in the district's files.

(L) The decision of the district on whether to employ or continue to employ an individual pursuant to the requirements of this rule cannot be appealed to the Ohio department of education or state board of education.

Last updated December 27, 2023 at 1:59 PM

Supplemental Information

Authorized By: 3301.07, 3319.39, 3319.391
Amplifies: 3319.31, 3319.311, 3319.39, 3319.391
Five Year Review Date: 11/8/2025