Ohio Rev. Code » Chapter 3319
Ohio Revised Code

Ohio Rev. Code § 3319.36 (2026)

Requirements for payment of teacher for services

✓ current as of May 2026
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Effective:
March 20, 2019
Latest Legislation:
House Bill 491 - 132nd General Assembly
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(A) No treasurer of a board of education or educational service center shall draw a check for the payment of a teacher for services until both of the following conditions are satisfied :

(1) The treasurer receives a written statement from the district or service center superintendent, or superintendent's designee, that the teacher has filed with the superintendent or designee such reports as are required by the state board of education, the school district board of education, or the district or service center superintendent ;

(2) Except in the case of a teacher who is engaged pursuant to section 3319.301 of the Revised Code, the treasurer receives a written statement from the district or service center superintendent or the superintendent's designee that the teacher has filed with the superintendent or designee a legal educator license, or true copy of it, to teach the subjects or grades taught, with the dates of its validity. The state board of education shall prescribe the record and administration for such filing of educator licenses in educational service centers.

Prior to filing the written statements prescribed by divisions (A)(1) and (2) of this section, each teacher shall file the required reports and license with the district or service center superintendent or superintendent's designee.

(B) Notwithstanding division (A) of this section, the treasurer may pay any of the following:

(1) Any teacher for services rendered during the first two months of the teacher's initial employment with the school district or educational service center, provided such teacher is the holder of a bachelor's degree or higher and has filed with the state board of education an application for the issuance of an educator license described in division (A)(1) of section 3319.22 of the Revised Code. The requirement for a bachelor's degree shall not apply to career-technical education teachers licensed under sections 3319.226 and 3319.229 of the Revised Code.

(2) Any substitute teacher for services rendered while conditionally employed under section 3319.101 of the Revised Code.

(3) Any employee for services rendered under division (F) of section 3319.088 of the Revised Code.

(C) Upon notice to the treasurer given by the state board of education or any superintendent having jurisdiction that reports required of a teacher have not been made, the treasurer shall withhold the salary of the teacher until the required reports are completed and furnished.

(D) No treasurer of a board of education or educational service center shall be liable for a loss of public funds for any payments to a teacher that are made by the treasurer in compliance with this section, unless the loss results from the treasurer's negligence or other wrongful act.

(E) No superintendent of a school district or educational service center or the superintendent's designee shall be liable for a loss of public funds for any payments to a teacher that are made by the district or service center treasurer in compliance with this section, unless the loss results from the superintendent's negligence or other wrongful act.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1981–2023 · leading case: Whitley v. Canton City Sch. Dist. Bd. of Educ., 528 N.E.2d 167 (Ohio 1988).
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Whitley v. Canton City Sch. Dist. Bd. of Educ., 528 N.E.2d 167 (Ohio 1988). · cites it 5× “) Significantly, R.C. 3319.36 explicitly provides for the payment of teachers for the first two months of the school year while their applications for certification are pending before the State Board of Education.”
In Re Removal of Kuehnle, 830 N.E.2d 1173 (Ohio Ct. App. 2005). · cites it 2× “See R.C. 3319.36. {¶ 116} However, the trial court found, and the record supports, that in this case the board of education, and appellants in particular, had taken over the superintendent’s responsibilities and were not allowing him to function as superintendent.”
State ex rel. Voss v. Nw. Local Bd. of Educ., 421 N.E.2d 516 (Ohio 1981). · cites it 2× “30 states in part: “Except as provided in section 3319.36 of the Revised Code, no person shall receive any compensation for the performance of duties as teacher in any school supported wholly or in part by the state or by federal funds who has not obtained a certificate of…”
State ex rel. Cutler v. Pike Cnty. Jt. Area Vocational Sch. Dist., 451 N.E.2d 800 (Ohio 1983). “30 provides that “* * * no person shall receive any compensation for the performance of duties as teacher * * * who has not obtained a certificate of qualification for the position * * Further, a treasurer of any board of education is spécifically prohibited by R.C. 3319.36 from…”
State Ex Rel. Ekey v. Rocky River Bd. of Educ., 674 N.E.2d 1199 (Ohio Ct. App. 1996). · cites it 5× “36[A][2]) prohibits the treasurer of a school board from drawing a check for the payment of a teacher who has not filed with the treasurer a teacher’s certificate "to teach the subjects or grades taught.”
Falconer v. Warrensville Hts. City Sch. Dist. Bd. of Edn., 2023 Ohio 2068 (Ohio Ct. App. 2023). “On August 10, 2018, Falconer was terminated via letter from Hunt stating that he was not eligible to serve as a guidance counselor under R.C. 3319.36 because he did not have a valid license/permit from the state of Ohio.”
Saul v. Jefferson Twp. Local Sch. Dist. Bd. of Edn., 2012 Ohio 1574 (Ohio Ct. App. 2012). · cites it 8× “30 pertinently provides that, “except as provided in section 3319.36 of the Revised Code, no person shall receive any compensation for the performance of duties as teacher * * * who has not obtained a license of qualification for the position as provided for under section 3319.”
— Ohio Rev. Code § 3319.36(A) — 2 cases
In Re Removal of Kuehnle, 830 N.E.2d 1173 (Ohio Ct. App. 2005). “See R.C. 3319.36. {¶ 116} However, the trial court found, and the record supports, that in this case the board of education, and appellants in particular, had taken over the superintendent’s responsibilities and were not allowing him to function as superintendent.”
Saul v. Jefferson Twp. Local Sch. Dist. Bd. of Edn., 2012 Ohio 1574 (Ohio Ct. App. 2012). “30 pertinently provides that, “except as provided in section 3319.36 of the Revised Code, no person shall receive any compensation for the performance of duties as teacher * * * who has not obtained a license of qualification for the position as provided for under section 3319.”
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