by Nicole Piscitani • Sept. 23, 2024
In June, the Ohio legislature passed 29 bills in a single day, nine of which impacted the education community. Senate Bill (SB) 168, one of the nine bills passed and later signed by Gov. Mike DeWine, is one of the largest education bills to pass the legislature in the past few years. Due to the multitude of issues addressed in SB 168, this update will focus on a few areas. Future legislative reports will continue additional SB 168 provisions.
District exemptions from certain requirements
Certain high-performing school districts are exempt from specific requirements for a period of three years as per the current law. However, the law does not allow for the exemption to be renewed, even if the district qualifies. SB 168 changed the law to allow school districts to renew the exemption and changed the eligibility. The new eligibility criteria are determined based on the following from the most recent state report card; both qualifications apply:
- A district receives a performance rating of five stars on the Progress component.
- The district has a four-year adjusted cohort graduation rate of at least 93% and has a five-year adjusted cohort graduation rate of at least 95%.
The Ohio Department of Education and Workforce (ODEW) must annually notify all eligible districts by Sept. 30. The districts that qualify for the exemptions are excluded from the following:
- The mentoring component of the Ohio teacher residency program so long as the district uses a local approach to train and support new teachers.
- Any provision of the Ohio Revised Code (RC) or ODEW rule or standard prescribing a minimum or maximum class size.
- Any RC provision or ODEW rule or standard requiring teachers to be licensed specifically in the grade level in which they are teaching, unless otherwise prescribed by federal law. This exemption does not apply to special education teachers, nor does this exemption relieve a teacher from holding a valid Ohio license in the subject area in which that teacher is teaching and at least some grade level determined appropriate by the district board.
- The superintendent of a school district may employ an individual who is not licensed as required by RC 3319.22 to 3319.30 but who is otherwise qualified, based on experience, to teach classes in the district, so long as the district board of education approves the individual's employment and provides mentoring and professional development opportunities to that individual as determined necessary by the board. Additionally, that individual must have a criminal records background check and be enrolled Rapback.
Board of education meetings
SB 168 made two clarifications to the law regarding board of education meetings. The first deals with public hearings for school calendars. Continuing law requires that each school district hold a public hearing regarding the school calendar at least 30 days before its adoption. SB 168 clarifies that the hearing can be part of another public hearing or board meeting. The board of education does not need to hold a separate, individual hearing on the school calendar.
Additionally, SB 168 clarifies and requires that the record of proceedings of a board of education meeting be read at the board’s next regular meeting, instead of at the next succeeding meeting.
Intradistrict open enrollment lottery
House Bill 33, the biennial budget mandated the date for an intradistrict open enrollment to occur and set the date on the second Monday in June. Several school districts hold the lottery earlier in the year. SB 168 provides flexibility for a school district to hold the lottery on a different date but requires that the district conduct an intradistrict open enrollment lottery by the second Monday of June prior to the school year for which a student is seeking enrollment. SB 168 also requires that the district notify parents of students who reside in the district of the lottery date before that date and post on the district’s website information about the lottery, including how and when it will be conducted.
The bill will be effective on Oct. 24, 2024.