What happens if I am recommended for formal discipline after the investigation?
After a thorough review of the investigation, the case is either recommended for no action, where no formal disciplinary action is taken, or formal disciplinary action. Staff from the Office of Professional Conduct will contact you or your lawyer to discuss the recommended disciplinary action. Sometimes negotiation is possible. If you can reach an agreement with the Department, an agreement will be drafted for your review and signature. If you do not reach an agreement with the Department, you have the right to request an administrative hearing. The State Board can also initiate an administrative hearing if a settlement is not reached.
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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.
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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 Professional Conduct Procedures.
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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.
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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.
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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.
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Does the State Board of Education review the Hearing Officer’s Report and Recommendation?
Ohio Administrative Code Rule 3301-73-20 allows for the State Board to consider the hearing officer’s Report and Recommendation and any objections filed at the next possible regularly scheduled meeting, if the State Board's agenda permits, after the time for filing objections, a motion to strike, and a recommendation on the motion to strike 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 accept, reject, or modify the hearing officer’s Report and Recommendation regarding disciplinary action.
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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.
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What if an educator disagrees with the State Board’s order regarding a disciplinary action?
The State Board may decide to accept, reject, or modify the hearing officer's report and recommendation. The state board shall memorialize the decision on the report and recommendation through a written resolution. OAC 3301-73-20. Some cases are directly reviewed by the State Board when no hearing was requested. Those decisions are also memorialized through a written resolution.
In the event the State Board issues a resolution that the educator disagrees with, the educator has the right to appeal the decision to a court. The appeal must be filed in the educator's county of residence or the county where the agency is located. ORC 119.12
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