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School Board Members Exempt from Background Checks (HB 190)
Thursday, March 27, 2008 12:19:33 PM - Middletown Ohio

Why are school board members exempt from background checks?

Ohio law does not require background checks for board members, and school boards may not impose this requirement.

Boards of education may not limit the ability of an individual from becoming, or serving as, a public official, including requiring background checks.

This would be an unconstitutional limitation on the individual’s rights to political expression. Nothing would prohibit an individual board member from voluntarily submitting to a background check. Criminal background checks are not public records and may not be disclosed by the public entity (R.C. 3319.39(D)).

May school boards require background checks of volunteers?

Ohio law does not require background checks for most volunteers. However, school boards may require them by policy. If the volunteer will have “unsupervised access” to a child on a “regular basis,” the district is required to notify the volunteer that fingerprints and a background check may be conducted at any time (RC 09.575).

If the school district does conduct a background check on volunteers, it must determine whether the volunteer was convicted of or pled guilty to an offense listed in RC 109.572(A)(1). If the volunteer was convicted or pled guilty and the district decides to accept or retain the volunteer, the district must notify parents of the fact that the person has a conviction listed in the statute but will still be accepted or retained as a volunteer (RC 109.572).

Source: Ohio School Board Association

 

Archived Comments

4/12/2008 9:04:37 AM Lina Black
The Ohio Attorney General’s office is on the web at http://www.ag.state.oh.us/default.asp. You can find links to the states government offices that could be helpful in finding information for your Ohio background check.

The Ohio Department of Rehabilitation and Correction has an offender search located at http://www.drc.state.oh.us/search2.htm. Search offenders from past and present by name.
The eSORN (Electronic Sex Offender Registration and Notification is where can search registered sex offenders here http://www.esorn.ag.state.oh.us/Secured/p1.aspx.
Department of Public Safety is where you will obtain driving records and vehicle ownership on the web at http://www.ohiobmv.com/ for your Ohio background check. Driving records cost $2 by mail or get same day service in person by adding and additional $3.50 to that fee.
Some companies offer criminal background checks on the internet that cover phone number, address, address history for 30 years, age, birthdates, household members, relatives, associates, property ownership, lawsuits, marriage, divorce, criminal records check, sex offenders, terrorist watch, bankruptcy, tax liens. The reports are available immediately on your PC.
Background checks are not a limitation of who can run for election. Background checks are information and free speech.


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