One of the bills that was passed by the Ohio General Assembly at the end of 2024 was House Bill (HB) 257. The bill, which is effective on April 9, 2025, enacted Ohio Revised Code (RC) 121.221, which allows some public bodies to hold meetings by video conference or similar electronic technology. (For purposes of this blog post, I’ll refer to these meetings as “virtual meetings.”) However, as discussed below, this provision does not allow boards of education to conduct virtual meetings and may actually make virtual attendance at meetings more restrictive.
RC 121.221 allows “members of a public body” to hold and attend meetings, and conduct and attend hearings, by means of video conference or other electronic technology. Resolutions, rules, and formal actions taken by public bodies at virtual meetings have the same effect as if they were taken during an open meeting with all members present in person. Any member of the public body who attends a virtual meeting shall be considered present, counted for purposes of determining quorum, and permitted to vote.
RC 121.221 requires boards to adopt a policy on virtual meetings before holding them. The policy must include elements such as notice requirements, the method by which the public will be able to attend virtual meetings, and roll-call voting. There are some topics that public bodies cannot consider at virtual meetings, including approving a major nonroutine expenditures, significant hiring decisions, and proposal, approval and voting on a tax issue or tax increase.
“Public body” is defined to include any “board … of any … school district.” RC 121.22(B)(1)(a). It also includes any committee or subcommittee of a school board.
However, the issue for boards of education is that there are some significant exceptions in RC 121.221. Even though a school board of education and its committees and subcommittees are public bodies, RC 121.221(B)(5)(a) provides that no public body may hold virtual meetings or hearings if the members of the public body either:
- Receive compensation (other than reimbursement for expenses) for their positions as members.
- Are elected by vote of the general public to their positions as members.
This means that, even though school boards are public bodies, boards whose members are either elected or receive compensation for their service would not be permitted, under RC 121.221, to hold virtual meetings. In other words, most, if not all, school boards and educational service center governing boards cannot hold virtual meetings under the newly enacted provision.
There is a narrow exception that allows elected and/or compensated board members to attend virtual multi-party meetings that do not involve a vote to approve a major nonroutine expenditure or significant hiring decision, or the proposal, approval, or vote on a tax issue or tax increase. Multi-party meetings are meetings in which the members of at least two public bodies are participants (RC 121.221(A)).
The law also states that “no member of a public body may attend … meetings or … hearings” by means of electronic technology if the members of the public body are compensated for their service on the board or are elected to the board (RC 121.221(B)(5)(a)). Some boards currently have policies that allow their members to attend board meetings by electronic means, and participate in discussion (although not in voting), provided that a quorum of the board is present at the meeting in person. The new law may prohibit this attendance. If your board has a policy allowing limited virtual attendance at board meetings, watch for updates from your policy provider or consult with your legal counsel.
Finally, as noted above, the law defines public body to include school board committees and subcommittees. Because they are not elected to these committees, RC 121.221 may allow board committees to hold virtual meetings provided that the members of the committee are not compensated for service on the committee. Boards that are interested in holding committee meetings virtually should consult with their legal counsel and policy provider about how the new law applies to these meetings and the policy that must be adopted before holding any virtual meetings.
Check back to this blog for more information about other laws affecting school boards that will become effective in the next few months. Board members and district employees with general questions can call OSBA’s legal division at 855-OSBA-LAW (855-672-2529). Questions involving specific facts or policies should be directed to the board’s legal counsel.