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ODE's Office of Professional Conduct investigates allegations involving criminal convictions or conduct unbecoming the teaching profession and, if warranted, pursues disciplinary or remedial action against an educator’s credentials or application for credentials.
Following are answers to frequently asked questions regarding the disciplinary process.
What legal authority does the State Board have to take disciplinary action?
Ohio Revised Code §3319.31 grants the State Board of Education authority to deny an educator’s application for a teaching license or to suspend, limit or revoke an educator’s existing teaching license.
What are the grounds for the State Board to pursue disciplinary action?
The grounds for the State Board of Education to pursue disciplinary action are listed in Ohio Revised Code §3319.31. The State Board of Education can pursue a disciplinary action if a licensed educator or an applicant seeking licensure has engaged in conduct unbecoming the teaching profession or has pled guilty to or been convicted of any felony offense, misdemeanor sex offense, violent offense, theft offense or drug abuse offense. (Ohio Revised Code §3319.31) In addition, the State Board can pursue disciplinary action if an educator has terminated his/her teaching contract in violation of Ohio Revised Code §3319.15 or has engaged in a proficiency test violation (Ohio Revised Code §3319.151).
What disciplinary actions can the State Board take?
There are several types of disciplinary actions the SBOE can pursue to eliminate unprofessional conduct from the teaching profession:
Letter of Admonishment: A letter detailing an educator’s misconduct and formally admonishing the educator that the behavior constitutes conduct unbecoming the teaching profession. A letter of admonishment is a public record and remains a part of the educator’s disciplinary record.
Consent Agreement: A formal settlement agreement between an educator and the State Board of Education. Consent Agreements are designed to address specific educator conduct and to establish an educator’s efforts at rehabilitation. Terms and conditions of consent agreements vary depending on the conduct being addressed, but can include a suspension of an educator’s license. A Consent Agreement is a public record and remains a part of the educator’s disciplinary file.
Suspension: A formal disciplinary action that suspends an educator’s license for a specified period of time, not to exceed five years. During the suspension period, an educator is prohibited from performing any educational activities or duties that require licensure through the Ohio Department of Education. After the suspension period, the license is reactivated if the educator can demonstrate compliance with any educational requirements and other conditions contained in the State Board’s order, and the license’s original expiration date did not occur during the suspension period. A license suspension is a public record and remains a part of the educator’s disciplinary file.
Limitation: A formal disciplinary action that imposes limitations on an educator’s license. The State Board can limit the type of educational activities an educator can perform or where an educator can perform educational activities. A license limitation is a public record and remains a part of the educator’s disciplinary file.
Revocation: A formal disciplinary action that revokes an educator’s license. If an educator’s license is revoked, the State Board may establish a minimum period of time before an educator can apply for a new license or the State Board may order an educator be permanently ineligible to apply for any license issued by the State Board. An action revoking an educator’s license is a public record and remains part of the educator’s disciplinary file.
Denial of Application: A formal disciplinary action that denies an educator’s application for licensure. If an educator’s application for licensure is denied, the State Board may establish a minimum period of time before an educator can apply for a license. The State Board may also order an educator be permanently ineligible to apply for any license issued by the State Board. An action denying an educator’s license is a public record and remains part of the educator’s disciplinary file.
Which disciplinary action the State Board pursues is based upon the nature of the allegations and/or criminal conviction and the information gathered during an investigation.
How does the State Board initiate a formal disciplinary action?
If the State Board intends to suspend, limit or revoke an educator’s license or to deny an educator’s application for licensure, the State Board must given written notice of its intended action to the educator in accordance with Chapter 119. of the Ohio Revised Code.
Can an educator challenge a formal disciplinary action by the State Board?
An educator, notified of the State Board’s intended disciplinary action to deny, suspend, limit or revoke a license, is afforded the right to an administrative hearing to challenge such an action. A request for an administrative hearing must be submitted in writing and received by the Ohio Department of Education within 30 days from the mailing of the notice regarding the intended disciplinary action.
All administrative hearings are held in accordance with Chapter 119. of the Ohio Revised Code. Detailed information regarding the administrative hearing process is contained in the “Overview of the Administrative Hearing Process.”
What if an educator does not request an administrative hearing?
If an administrative hearing is not requested by an educator, the State Board may, in the educator’s absence and upon consideration of the matter, determine whether or not to deny an educator’s application and/or to suspend, limit or revoke the educator’s license.
What happens after an administrative hearing?
Within 30 calendar days following the close of the evidentiary record of an administrative hearing, the hearing officer submits a written report setting forth a summary of the proceedings, proposed findings of fact and conclusions of law and a recommendation of the action to be taken by the State Board (i.e. no disciplinary action, denial of a license or suspension, limitation or revocation of a license). The Report and Recommendation is submitted to the Department of Education and the Department forwards a copy of the report to the educator.
What if the educator disagrees with the Hearing Officer’s Report and Recommendation?
The educator may file written objections within 10 days of receipt of the hearing officer’s Report and Recommendation. Objections must be filed in accordance with Ohio Administrative Code Rule 3301-73-06.
Does the State Board of Education review the Hearing Officer’s Report and Recommendation?
The State Board considers the hearing officer’s Report and Recommendation and any objections filed at the next scheduled State Board meeting after the time for filing objections has passed. The State Board may act upon the report and recommendation or remand the matter to the hearing officer for further proceedings. The State Board can approve, modify or reject the hearing officer’s Report and Recommendation regarding disciplinary action.
How does the State Board determine whether to take a disciplinary action?
The State Board of Education votes on what, if any, disciplinary action it will impose after considering the hearing officer’s Report and Recommendation and any timely filed objections. The State Board adopts a written Resolution setting forth the State Board’s order regarding any disciplinary action imposed pursuant to Ohio Revised Code 3319.31, 3319.15 or 3319.151.
What if an educator disagrees with the State Board’s order regarding a disciplinary action?
The educator has the right to appeal the State Board’s disciplinary action by filing a notice of appeal with the Department of Education and the court of common pleas in his/her county of residence or county in which the educator’s business is located. The written appeal must be filed with the appropriate court of common pleas within 15 days of the State Board’s resolution being mailed to the educator.
Can an educator apply for licensure after a prior disciplinary action?
Unless the State Board specifically orders an educator ineligible to apply for licensure after imposing a disciplinary action, an educator may apply for a new license. Ohio Administrative Code Rule 3301-73-24 governs the process regarding a person applying for a license after a prior disciplinary action. If an educator requests to be licensed by the State Board after any disciplinary action is taken by any professional licensing entity, the educator must provide evidence showing a change in circumstance exists which makes licensure by the State Board appropriate. The State Superintendent of Public Instruction will weigh the evidence submitted to establish a change in circumstance against the need of the State Board to protect the integrity of the teaching profession and to ensure the safety and welfare of the students and the school community.
Contact Information
Office of Educator Conduct
Educator.Conduct@ode.state.oh.us
Phone: (614) 466-5638
Toll-free: (877) 644-6338
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