10 Investigates looked into what school districts can or can't do - or what they can or can't say - to other districts when there is a teacher who has left amidst allegations.
10 Investigates found a lack of legal direction when it comes to what information school districts can share about teachers who were fired for reasons that did not rise to the level of criminal prosecution.
There are four levels of legal trouble school employees face. The first is simply an accusation. The second is a violation of the Ohio Licensure Code of Professional Conduct. That can include inappropriate conduct with a student that does not rise to a criminal level. If a school suspects criminal activity, then that reaches the third level of mandatory reporting. The fourth level is a criminal charge.
When a teacher is fired and tries to get a job at a different school district, there are a few things that a new employer can do to find out what sort of teacher is applying. The new school district can ask for a teacher's disciplinary file from their previous district. However, if the teacher worked at a private school, there are limited documents to hand over since there are fewer public records.
There's one question that could determine whether a teacher was fired for cause. The question: "is this teacher eligible for re-hire?" The answer to that question could help districts investigate whether a teacher was fired for cause.
School districts spokespeople say that question is not typically asked. The Ohio Department of Education is not aware of any law preventing school districts from asking or answering that question. Some employment attorneys say districts are concerned of slander lawsuits from teachers receiving a negative job reference.
But the Licking Heights' Superintendent says they take extra steps on their applications to make certain about prospective teachers.
"There's also a question on would you re-employ the individual. Not only are we looking for yes or no, but the deeper answer. Especially if it's no. Why would you not re-employ?" said Philip Wagner.
It is unclear what, if any, impact changes to hiring practices would have had in the ongoing criminal case involving former Bishop Watterson teacher Brian Sze.