by Nicole Piscitani • Dec. 1, 2024
The Ohio legislature returned to the Statehouse on Nov. 12, and the Ohio Senate promptly accepted changes to Senate Bill (SB) 104. This bill makes changes to the College Credit Plus program (CCP) and includes provisions regarding single-sex facilities and accommodations. Gov. Mike DeWine signed the bill on Nov. 26, and it will be effective in 90 days.
SB 104 started as a stand-alone CCP bill that was primarily drafted from a report conducted by the Auditor of the State’s Office (AOS). The AOS report included several recommendations on how to improve the cost, access, transparency and efficiency of the CCP program. The Ohio House had a companion bill, House Bill (HB) 219.
The Senate made several changes to the introduced version of SB 104, removing language that would have required K-12 schools and higher education to share the cost of textbooks. In February 2024, SB 104 passed out of the Senate and moved to the House Higher Education Committee.
In the spring, the House Higher Education Committee started working on SB 104 and HB 219. The committee chair decided to move SB 104 because the bill had already passed out of one chamber. The bill quickly went to the House floor for a vote, however, a floor amendment added HB 183 — which would require single-sex facilities and accommodations — into SB 104. SB 104 passed the Ohio House on June 26. Because the Senate had already recessed for summer break, a concurrence vote was on hold until after the members returned.
As passed, SB 104 contains provisions affecting CCP and single-sex facilities and accommodations. Regarding CCP, the act does:
- Allows students to enroll in the spring semester as long as the student’s school is informed by Nov. 1. This is in addition to the April 1 deadline that is currently in law.
- Prohibits schools from modifying forms without prior approval from the chancellor of the Ohio Department of Higher Education and the Ohio Department of Education and Workforce (ODEW).
- Requires that each state and participating private institution of higher education provide CCP students with a mandatory orientation that meets guidelines issued by the chancellor and ODEW.
- Requires that the chancellor establish an alternative credentialing process to certify instructors with relevant teaching experience as CCP instructors.
The act makes the following changes to single-sex facilities and accommodations:
- Requires that school districts, community schools, STEM schools, chartered nonpublic schools, educational service centers (ESCs) and institutions of higher education designate certain facilities for single-sex use. Specifically, each student restroom, locker room, changing room or shower room that is accessible by multiple students at the same time must be designated for the exclusive use of students of either the male or female biological sex. Additionally, the provision applies to such rooms whether they are located in a school building or a facility for a school-sponsored activity.
- Defines “biological sex” as “the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen or subjective experience of gender.” A person may use the sex listed on the official birth record to prove biological sex if the record was issued at or near the time of the person’s birth.
- Prohibits districts, schools and ESCs from permitting members of the female biological sex to use a student restroom, locker room, changing room or shower room that is designated for the male biological sex and vice versa.
- Prohibits districts, schools and ESCs from permitting members of the female biological sex to share overnight accommodations with members of the male biological sex and vice versa.
- Prohibits districts, schools, ESCs and institutions of higher education from constructing, establishing, or maintaining a multioccupancy facility that is designated as nongendered, multigendered or open to all genders. Family facilities are exempt from this prohibition.
- A district, school or ESC may establish a policy to provide accommodations upon student request due to special circumstances, such as allowing a student to use a single-occupancy bathroom.
- Explicitly states that SB 104 does not apply to the following:
- a child under the age of 10 who is being assisted by a parent, guardian or family member and the parent, guardian or family member who is assisting the child;
- a person with a disability who is being assisted by another person and the person who is providing assistance;
- a school or institution employee whose job duties require that the employee enter a restroom, locker room, changing room or shower room designated for a biological sex that is different from the employee’s biological sex;
- a person who enters a restroom, locker room, changing room or shower room reasonably believing that they are responding to a legitimate emergency.