Ohio Code 3319.393 – Educator profile database consultation
(A) Each school district and chartered nonpublic school shall include the following notice in boldface type in each employment application: “ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE.”
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 3319.393
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(B)(1) Each district and chartered nonpublic school shall consult the “educator profile” database maintained on the web site of the state board of education prior to making any hiring decision.
(2) After consulting the “educator profile” database, a district or chartered nonpublic school may further discern the employment, disciplinary, or criminal record of an applicant for employment in either or both of the following ways:
(a) Consulting the state board of education’s office of professional conduct in accordance with section 3319.319 of the Revised Code to determine whether the individual has been the subject of either:
(i) Any notice to the superintendent of public instruction under section 3314.40, 3319.313, 3326.24, 3328.19, or 5126.253 of the Revised Code;
(ii) Any disciplinary actions conducted by the state board.
(b) Consulting any prior education-related employers of the individual.
(3) A district or chartered nonpublic school may require additional background checks other than the criminal records checks authorized under sections 109.574 to 109.577 of the Revised Code or those required under section 3319.39 or 3319.391 of the Revised Code for any applicant for employment or potential volunteer.
(C) A district or chartered nonpublic school may conditionally employ an individual pending the receipt of information sought in accordance with division (B)(2) of this section. Should that information indicate that the individual has engaged in conduct unbecoming to the teaching profession or has committed an offense that prevents, limits, or otherwise affects the applicant’s employment with the district or school, the district or chartered nonpublic school may release the individual from employment.
Last updated September 12, 2023 at 2:35 PM