Ohio Enacts Major Changes to School Employment Rule

Changes involve licensed individuals employed in schools that possess specific criminal conviction records

Ohio Administrative Code Rule 3301-20-01 is entitled Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions ("New Rule"). New Rule governs the employment of licensed individuals with certain criminal convictions in Ohio schools.

Current Standards

Adopted in April, 2021, Ohio Revised Code 9.79. R.C. 9.79 established new licensure standards for first time applicants with criminal convictions, requiring all licensing agencies to create a list of offenses that could potentially disqualify an applicant from initially obtaining a license. R.C. 9.79 categorizes convictions and limits the timeframes by which an agency may deny an individual and initial license.

Adopted back in 1994, Rule 3301-20-01 established employment standards for individuals in schools positions that require a license who are also associated with certain criminal convictions.

New Rule Provisions: Employment Prohibition Standards

New Rule provisions went into effect on July 27, 2023 and apply to individuals who currently hold or who previously held a license issued by the State Board of Education. The Rule provisions also establish rehabilitation standards, which apply to convictions that occur after the educator receives an initial license.

New Rule also establishes a standard that prohibits employing initial licensure applicants with certain criminal convictions until the initial license is issued. If the initial licensure applicant has a criminal conviction appearing in section (B)(1) of 3319.39 or in section 3319.31 of the Revised Code, and the conviction is on the list entitled, "Disqualifying Offenses Pursuant to ORC §9.79," the applicant is classified as not employable until the license is issued.

New Rule Provisions: Rehabilitation Standards

An educator is deemed rehabilitated for a specific offense and employable in a position requiring a license as issued by the State Board of Education when the educator's license is in good standing and the educator either:

  • signs a letter of admonishment listing the offense;
  • executes a consent agreement with the State Board of Education listing the offense; or
  • receives a board resolution listing the offense.

It is important to note that New Rule requires school districts to thoroughly document district proceedings and decisions regarding employment. District are also mandated to maintain this documentation on file.

School employers in Ohio are encouraged to review the Rule provisions in detail and modify employment policies, as applicable. School employers are also encouraged to review the licensure and criminal conviction status of all current employees to ensure alignment with the New Rule provisions.

Posted: August 11, 2023

All Rights Reserved © 2023 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company

You are about to leave

Ok, Continue Cancel