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conviction, or has agreed to participate in a pre-trial diversion program

for an offense found in (B)(2) or (C) of ORC 3319.31, or (B)(1) of ORC

3319.31.

REPORTING TO

STATE BOARD OF

EDUCATION

Boards of education shall report by August 1 “the school statistics” of the

district on forms provided by the state board of education. This report

must also include information regarding any civil proceeding in which the

board is a party.

The superintendent must also certify to the State Board of Education on

or before October 15 each year the name and professional data on each

licensed employee.

3319.33

3317.061

REPORTS, PENALTY

FOR FAILURE TO

MAKE

Failure of the superintendent or treasurer of any school district to

prepare any required report makes the superintendent liable for a

penalty of $300, to be recovered through civil action. If the report were

due to the educational service center, the “penalty” is deposited into the

ESC general fund. Otherwise, the amount is paid into the state’s

general fund.

3319.35

RECORDS

REQUESTS, PUBLIC

Generally speaking, ORC Section 149.43 governs the release of records

upon receiving a records request. (Subsequent sections do provide for

some limited exceptions.) However, the statute is generally interpreted

liberally so long as information protected by federal statute is not

released. This would include certain student records covered by the

Family Educational Rights and Privacy Act (FERPA). Please see

Appendix S

for additional information on FERPA, including model

notices to parents.

In particular, if a public body denies a records request, ORC

149.43(B)(3) requires that the public body must provide the legal

authority for the denial of the request.

Appendix P

is the most recent list

of legal citations (as compiled by Bricker & Eckler) that might be used in

the denial of the records request.

149.43

RESIDENCY

PROGRAM, OHIO

TEACHER

Mentoring must be provided by any licensed teacher (and not just

one holding a lead professional educator license) during only the

first two years of the four-year program.

A required counseling component of the program must be provided if

the district determines that counseling is necessary.

However, one of the required measures of progression through the

program must be the performance-based assessment required by

the State Board for resident educators in the third year of the

program.

However, a career-technical education instructor teaching under an

alternative resident educator license may not be required to

complete the conditions of the first two years of the Ohio Teacher

Residency Program and may apply for a professional educator

license after successful completion of the requirements of the last

two years of that Program.

3319.223

RESIDENCY

REQUIREMENT FOR

SUPERINTENDENT

The board of education of a city, local, exempted village, or joint

vocational school district (but apparently not the board of governors of

an ESC) may require its superintendent to live within the boundaries of

the district as a condition of employment.

3319.01

RESTRAINT,

Each board of education is required to comply with the policies and

3319.46