Current through all regulations passed and filed through September 16, 2024
(A) Definitions:
(1) Educator means an individual who has been
licensed by the state board of education to teach or practice in Ohio schools
as defined in rule
3301-24-01
of the Administrative Code.
(2)
Department under this chapter means the Ohio department of education as defined
in section
3301.13
of the Revised Code.
(3) District
under this chapter means all school districts as described under section
3311.01
of the Revised Code, educational service centers, community schools, county
boards of developmental disabilities
or chartered non-public
schools.
(4) License means the same
as the term license as defined in division (A) of section
3319.31
of the Revised Code.
(5) State
board under this chapter means the Ohio state board of education as defined in
section
3301.13
of the Revised Code.
(6)
Superintendent under this chapter means the superintendent of public
instruction or his designee as provided by section
3301.13
of the Revised Code.
(7) Teaching
field under this chapter means a specific grade level and/or subject area an
educator is licensed to teach or perform an administrative duty.
(B) The superintendent of public
instruction may accept the relinquishment of a license or teaching field. An
educator who relinquishes a license shall agree, in writing, and his/her
signature shall be acknowledged by two witnesses and notarized by a notary
public. A relinquishment of a license or teaching field shall be submitted on
the official form of the department. The document shall include the following
information:
(1) The relinquishment of a
license or teaching field is a permanent action; the state board shall not
reactivate a relinquished license or teaching field;
(2) The educator is precluded from holding
any position in an Ohio school that requires the relinquished license or
teaching field;
(3) The state board
shall evaluate any subsequent applications for licensure as if the relinquished
license never existed. Candidates may apply only for licensure and teaching
fields that currently exist in the Administrative Code at the time of
application and shall meet requirements to obtain licensure or the teaching
field;
(4) The educator agrees to
report the relinquishment to his/her employing school district, or any other
employing agency, which requires licensure through the state board;
(5) Except for the enforcement of the
relinquishment, the educator shall release the state board and the department,
its members, employees, agents, officers, and representatives, jointly and
severally, from any liability arising from this matter;
(6) The educator shall hold harmless,
including proceeding with any action to recover attorney's fees from the state
board and the department, its members, employees, agents, officers, and
representatives jointly and severally;
(7) The relinquishment contains the entire
agreement and understanding between the state board and the educator and
supersedes and replaces all prior conversations or agreements;
(8) A copy of the relinquishment shall be
sent to the educator's employing school district or other educational entity,
and it shall be the educator's responsibility to provide a copy of the
relinquishment to any new, potential educational employer before
hire;
(9) The relinquishment shall
be considered a public record as defined in section
149.43
of the Revised Code; and
(10) The
relinquishment may be reported to appropriate organizations, data banks and
governmental agencies.
(C) The superintendent shall not accept the
relinquishment of a license or teaching field if he/she knows or has reason to
believe that the relinquishment is being done to avoid an investigation and/or
action under sections
3319.31
and
3319.311 of the
Revised Code.
(D) The
relinquishment of a license or teaching field under this rule shall not be
considered a disciplinary matter and shall not be subject to division (G) of
section
3319.311 of the
Revised Code.
