A criminal records check must be conducted for every job applicant under final consideration for employment with the school district. If the criminal records check shows that the applicant has been convicted of or pled guilty to certain offenses, the school district may not employ the individual (unless the offense is one which is eligible for "rehabilitation.") Boards of education are also required to report employee misconduct to the Ohio Department of Education in certain situations.
OSBA Documents
OSBA fact sheet: Employee background checks
OSBA fact sheet: Misconduct reporting
OSBA Journal article, August 2009, Sorting out the new rehab rules
OSBA Journal article, February 2013, Legal bytes – current hot topics in cyberlaw
OSBA Journal article, April 2013, Criminal records check – what you need to know
OSBA Journal article, October 2018, Off-duty behavior: When can districts discipline?
ODE Resources
Background Check FAQ
Frequently Asked Questions about Rapback
Professional Conduct FAQ
ODE Office for Professional Conduct
Licensure Code of Professional Conduct of Educators (LCPCOE)
ODE Educator Professional Conduct Forms
Legal References
RC 3319.291
RC 3319.39
RC 3319.391
RC 3327.10
OAC 3301-20-01
OAC 3301-20-03
OAC 3301-83-23
For more information, please contact Lenore Winfrey, senior administrative assistant of legal services, at (614) 540-4000.