On January 1, 2010, changes became effective regarding background check requirements for licensed educators in Ohio. For initial applicants for a license, the requirements are the same: initial applicants for a license must complete both an Ohio criminal background check (BCII) and an FBI criminal background check. These checks need to be less than 365 days old to be considered valid for licensing purposes.

However, HB 1 modified the requirements for educators who need to renew a license or permit. Prior to HB 1, educators who renewed a license or permit needed to complete both the BCII and FBI checks whenever they renewed. After HB 1, however, educators who are renewing a license or permit who have lived continuously in the State of Ohio for the previous five years, and have a BCII background check on file with ODE, will need to complete only an FBI criminal background check once every five years. This makes some sense. BCII has a "rap-back" database that is designed to continuously check SSNs against arrests and conviction reports across the state. Because this database runs a continuous check, there is no longer a need for a separate check on a periodic basis.

Educators who have not lived continuously in the state for the past five years will still need to complete both a BCII and FBI background check.

ODE has posted a website of frequently asked questions regarding to Background Check Requirements, which is available online at: http://links.osba-ohio.org/88873/

Posted by OSBA Legal Ledger on 2/1/2010