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position with such board or school.

(2) “Teacher” means a person holding an educator license or permit

issued under section 3319.22 or 3319.301 of the Revised Code and

teachers in a chartered nonpublic school.

(3) “Criminal records check” has the same meaning as in section

109.572 of the Revised Code.

(4) “Minor drug possession offense” has the same meaning as in

section 2925.01 of the Revised Code.

(H) If the board of education of a local school district adopts a resolution

requesting the assistance of the educational service center in which the

local district has territory in conducting criminal records checks of

substitute teachers and substitutes for other district employees under

this section, the appointing or hiring officer of such educational service

center shall serve for purposes of this section as the appointing or

hiring officer of the local board in the case of hiring substitute teachers

and other substitute employees for the local district.

Amended by 128th General Assembly File No. 16, HB 19, § 1, eff.

3/29/2010.

Effective Date: 06-09-2004; 2007 SB97 01-01-2007; 2007 HB190 11-14-

2007; 2008 HB428 09-12-2008

3319.40 Suspension of employee pending criminal action.

(A) As used in this section, “license” has the same meaning as in section

3319.31 of the Revised Code.

(B) If a person who is employed by a school district or chartered nonpublic

school is arrested, summoned, or indicted for an alleged violation of an

offense listed in division (C) of section 3319.31 of the Revised Code, if

the person holds a license, or an offense listed in division (B)(1) of

section 3319.39 of the Revised Code, if the person does not hold a

license, the superintendent of the district or the chief administrative

officer of the chartered nonpublic school shall suspend that person from

all duties that require the care, custody, or control of a child during the

pendency of the criminal action against the person. If the person who is

arrested, summoned, or indicted for an alleged violation of an offense

listed in division (C) of section 3319.31 or division (B)(1) of section

3319.39 of the Revised Code is a person whose duties are assigned by

the district treasurer under division (B) of section 3313.31 of the Revised

Code, the treasurer shall suspend the person from all duties that require

the care, custody, or control of a child. If the person who is arrested,

summoned, or indicted for an alleged violation of an offense listed in

division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the

98

Pupil Transportation Operation and

Safety Rules – July 2013