Bill Text: OH HB428 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To establish a process to appeal letters of admonishment issued by the State Board of Education.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2012-01-25 - To Education [HB428 Detail]
Download: Ohio-2011-HB428-Introduced.html
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Representatives Johnson, Kozlowski
Cosponsors:
Representatives Duffey, Maag, Ashford, Dovilla, Henne
| To enact section 3319.318 of the Revised Code to | 1 |
| establish a process to appeal letters of | 2 |
| admonishment issued by the State Board of | 3 |
| Education. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3319.318 of the Revised Code be | 5 |
| enacted to read as follows: | 6 |
| Sec. 3319.318. (A) As used in this section: | 7 |
| (1) "Letter of admonishment" means a written reprimand issued | 8 |
| by the state board of education to a person who holds a license | 9 |
| detailing misconduct by the person that the state board considers | 10 |
| to be conduct unbecoming to the person's position but for which | 11 |
| the state board does not intend to take action under section | 12 |
| 3319.31 of the Revised Code. | 13 |
| (2) "License" has the same meaning as in section 3319.31 of | 14 |
| the Revised Code. | 15 |
| (B) Within thirty days after the issuance of a letter of | 16 |
| admonishment, the person who is the subject of the letter may | 17 |
| request the department of education to hold a hearing to review | 18 |
| the decision to issue the letter. If a hearing is requested, the | 19 |
| department shall set a date for the hearing that is not later than | 20 |
| sixty days after the request is made. | 21 |
| (C) The hearing shall be conducted by a panel consisting of | 22 |
| the following members: | 23 |
| (1) The superintendent of public instruction, or the | 24 |
| superintendent's designee; | 25 |
| (2) The director of the department's office of educator | 26 |
| licensure, or the director's designee; | 27 |
| (3) The chairperson of the educator standards board | 28 |
| established under section 3319.60 of the Revised Code, or the | 29 |
| chairperson's designee. | 30 |
| (D) At the hearing, a representative of the department's | 31 |
| office of professional conduct shall present the findings that led | 32 |
| to the issuance of the letter of admonishment and the person who | 33 |
| is the subject of the letter shall present any information that | 34 |
| the person believes should be considered in reviewing the decision | 35 |
| to issue the letter. The person who is the subject of the letter | 36 |
| may be represented by counsel for the hearing. | 37 |
| (E) Within sixty days after the conclusion of the hearing, | 38 |
| the panel, by majority vote, shall recommend to the state board | 39 |
| that the letter of admonishment be upheld or rescinded. The panel | 40 |
| shall issue a written statement explaining its recommendation. At | 41 |
| the state board's next meeting that occurs at least two weeks | 42 |
| after issuance of the panel's recommendation, the state board | 43 |
| shall consider the recommendation and, by majority vote, shall | 44 |
| decide whether to uphold or rescind the letter of admonishment. If | 45 |
| the state board decides in favor of rescission, the letter of | 46 |
| admonishment shall be removed from the disciplinary record of the | 47 |
| person who is the subject of the letter. The decision of the state | 48 |
| board shall be final and is not appealable. | 49 |
| (F) All documents and records pertaining to a hearing | 50 |
| conducted under this section are public records under section | 51 |
| 149.43 of the Revised Code. | 52 |
| (G) A person may request a hearing regarding a letter of | 53 |
| admonishment only in accordance with this section. The appeals | 54 |
| procedures of Chapter 119. of the Revised Code shall not apply to | 55 |
| letters of admonishment. | 56 |
| Section 2. Notwithstanding division (B) of section 3319.318 | 57 |
| of the Revised Code, as enacted by this act, any person who was | 58 |
| issued a letter of admonishment prior to the effective date of | 59 |
| this section may request the Department of Education to hold a | 60 |
| hearing to review the decision to issue the letter, provided the | 61 |
| request is made within thirty days after that effective date. Upon | 62 |
| such a request, the person shall be granted a hearing in | 63 |
| accordance with section 3319.318 of the Revised Code. | 64 |
