(A) As used in this section:

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Terms Used In Ohio Code 3319.318

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Child: includes child by adoption. See Ohio Code 1.59

(1) “School representative” includes all of the following:

(a) An employee of a school district, chartered nonpublic school, or county board of developmental disabilities;

(b) An employee of an entity with which a school district, chartered nonpublic school, or county board of developmental disabilities contracts for the provision of services;

(c) A member of a school district board of education, chartered nonpublic school governing body, or county board of developmental disabilities.

(2) “Student” means a child who is enrolled in a school district or chartered nonpublic school or who is receiving services from a county board of developmental disabilities.

(B) Except as provided in division (C) of this section, no school representative shall knowingly engage in any activity intended to assist another individual in obtaining employment with a school district or chartered nonpublic school, or in obtaining employment with a county board of developmental disabilities in a position responsible for providing educational services to children from six through twenty-one years of age, other than transmitting administrative and personnel files to the prospective employer, if the school representative knows or has reasonable cause to believe that the individual has committed an offense listed in Chapter 2907 of the Revised Code, or a substantially comparable offense, involving a student.

(C) Division (B) of this section shall not apply if the information on which the knowledge or reasonable cause is based has been reported to appropriate law enforcement authorities or, if applicable, to the appropriate public children services agency under section 2151.421 of the Revised Code and one of the following conditions is met:

(1) Law enforcement authorities have investigated the alleged offense and determined that there is insufficient information to indict the individual for the alleged offense.

(2) The individual has not been indicted for the alleged offense within four years after the date the alleged offense was reported to law enforcement authorities or a public children services agency.

(3) The individual has been acquitted or otherwise exonerated of the offense.

Last updated September 13, 2021 at 9:52 AM