Districts are now required to have a policy in place that reasonably accommodates the sincerely held religious beliefs and practices of individual students with regard to all examinations or other academic requirements and absences for reasons of faith or religious or spiritual belief system. Pursuant to RC 3320.04, which became effective Oct. 24, 2024, the policy adopted by the district must:
- Permit students to be absent for up to three religious expression days each school year to take holidays for reasons of faith or religious or spiritual belief system, or participate in organized activities conducted under the auspices of a religious denomination, church or other religious or spiritual organization.
- Provide students with alternative accommodations with regard to examinations and other academic requirements missed due to an absence for a religious expression day. In order to receive these accommodations, the student’s parent or guardian must submit written notice to the principal of up to three specific dates for which alternative accommodations are requested. This request must be submitted either within 14 days of the first day of school, or if a student transfers to or enrolls after the first day of school, within 14 days of the transfer or enrollment.
- Allow students to participate in interscholastic athletics or other extracurricular activities on days in which the student was otherwise absent for a religious expression day.
Once adopted, the board must post the policy on the district’s website and provide contact information for an individual who can provide further information about the policy. The district must also annually convey the policy to parents and guardians and provide a description of the general procedure for requesting accommodations.
The statute also requires the superintendent of public instruction to create a non-exhaustive list of major religious holidays or festivals for the next two years. Last week, the Ohio Department of Education & Workforce (ODEW) posted that list and additional information about religious expression days on their website. Districts are required to post their own non-exhaustive list of major religious holidays, festivals and religious observations on the district’s website for which an excused absence “shall not be unreasonably withheld or denied.” Districts may adopt ODEW’s list in its entirety or choose which holidays they wish to include on their list. The inclusion or exclusion of a religious holiday or festival on this list shall not prevent a student from an accommodation for any sincerely held religious beliefs and practices for reasons of faith or religious or spiritual belief system.
OSBA policy subscribers received recommendations for policy language to cover the requirements of RC 3320.04 in the September 2024 issue of OSBA Policy Development Quarterly. Please reach out to OSBA with general questions about religious expression days or the new policy requirements.