Professional Report

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. 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. 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. 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.

3327.01

MISCONDUCT, EMPLOYEE REMOVAL FOR

3319.40

MISCONDUCT, REPORTING EMPLOYEE FOR

3319.313

MISCONDUCT REPORTING IMMUNITY AND LIABILITY; INTERVENTION AND DIVERSION

3319.317 3319.52

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