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chartered nonpublic school must also consult with each school district

board that transports students to the chartered nonpublic school prior to

making any change in its schedule.

A chartered nonpublic schools may be open for instruction with

pupils in attendance on any day of the week, including Saturday and

Sunday. However, school districts are not required to provide

transportation if the nonpublic schools hold classes on the weekend

unless the district and the nonpublic school have an agreement for

the transportation prior to July 1 of the schoolyear in which the

agreement will take effect.

3327.01

MISCONDUCT,

EMPLOYEE

REMOVAL FOR

If a district employee is arrested, summoned, or indicted for an alleged

violation of an offense listed in ORC 3319.31 (for licensed staff

members) or ORC 3319.39(B)(1) (for non-licensed employees), the

superintendent must suspend that individual from all duties requiring the

care, custody, and control of a child while the criminal action is pending.

In addition, the superintendent must “promptly” report the suspension

from duties to the department of education and include in that report the

offense for which the person is arrested, summoned, or indicted.

3319.40

MISCONDUCT,

REPORTING

EMPLOYEE FOR

A superintendent is required to report the name, social security number,

and a factual statement regarding the misconduct of an employee for

conduct unbecoming to the teaching profession or an offense found in

(B) or (C) of ORC 3319.31, or (B)(1) of ORC 3319.39 if:

1) the district has initiated termination or nonrenewal proceedings, has

terminated, or has not renewed the contract of the employee;

2) the employee has resigned under threat of termination or nonrenewal;

or

3) the employee has resigned because of or in the course of an

investigation regarding whether the employee has committed an act that

is conduct unbecoming to the teaching profession or an offense found in

(B) or (C) of ORC 3319.31, or (B)(1) of ORC 3319.39.

The same reporting requirement applies if the superintendent knows that

the employee has pleaded guilty to, has been found guilty of, has been

convicted of, has been found to be eligible for intervention in lieu of

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

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

3319.39.

3319.313

MISCONDUCT

REPORTING

IMMUNITY AND

LIABILITY;

INTERVENTION AND

DIVERSION

An employee, who in good faith provides information to a superintendent

(or designee) about alleged misconduct, is immune from civil liability.

The same immunity is granted a superintendent who in good faith

reports an employee to the state superintendent of public instruction.

However, a school employee who knowingly makes a false report is

subject to a civil action in an amount equal to reasonable attorney’s fees

and costs incurred by the falsely accused employee as a result of the

report.

In addition, knowingly making a false report is a misdemeanor crime of

the first degree.

The failure to report is a misdemeanor of the fourth degree. However, it

becomes a first degree misdemeanor if the person who should have

been reported inflicts any physical or mental wound, injury, disability, or

condition of a nature that would constitute abuse or neglect to a child

attending the school where the offending person works. The first degree

3319.317

3319.52