by Nicole Piscitani • Nov. 3, 2024
The Ohio General Assembly is set to return to the Statehouse the week of Nov. 10. Legislators have been campaigning in their districts since the end of June. With the Nov. 5 general election, all efforts have focused on a handful of tight elections in the Ohio House and Senate. Please note that this report was written before the election.
As noted in other Legislative Reports, this General Assembly has been historic, never knowing what might or might not happen. The election’s outcome could play a part in the legislature's work. However, the education community should take note of the following bills as they could receive action during the lame-duck session.
House Bill (HB) 8 — Parents’ Bill of Rights
The bill was initially introduced in the House in February 2023. Since its introduction, the bill has received numerous hearings in the House before it was passed on the floor in June 2023, and the Senate has continued its work on the bill. At the last committee hearing in June 2024, the chair of the committee not only made substantial changes to the bill but also announced that the Senate committee would continue to hold hearings during lame duck with the expectation to finish the bill before the end of this General Assembly. The House will have to concur on changes to the bill.
The amended HB 8 includes the following provisions:
- Ensure that certain sexuality-related content defined by the bill is age-appropriate and developmentally appropriate, allow parents to review any instructional materials that include such content and allow the parents to request a student’s excusal from such instruction.
- Promptly notify parents of any substantial change in a student’s services, including counseling services or monitoring related to mental, emotional or physical health or well-being or the school’s ability to provide a safe and supporting learning environment.
- Prohibit district personnel from encouraging students to withhold information concerning health or well-being from their parents.
- Adopt a procedure to obtain authorization from parents before providing any physical, mental or behavioral health care service, except for emergency, first aid or other unanticipated minor health care services. The bill requires the procedure to include notifying parents of each health care service offered at or facilitated in cooperation with the student’s school and their option to withhold consent or decline any specified service, whether a service is required to be provided by the district under state law, and whether other options exist.
- Notify parents of their right to file a written concern with the district and school and establish a process to resolve the concern about topics addressed in the bill within 30 days of receipt.
The Senate Education Committee will likely make additional changes to the bill.
HB 445 — School policies for release for religious instruction
The bill was initially introduced in March 2024 and had two hearings in the House Primary and Secondary Education Committee before the legislative summer recess. The bill would require school districts to have a policy allowing students to be released for religious instruction. Currently, the Ohio Revised Code gives school districts the permissive ability but does not require that they have a policy. It outlines certain requirements that have to be met for the release time policy, which include all of the following:
- the student’s parent or guardian provides written consent;
- the sponsoring entity maintains attendance records and makes them available to the student’s school district;
- the sponsoring entity, parent, guardian or student, including a student with disabilities, takes complete responsibility for transportation to and from the place of instruction;
- the sponsoring entity makes provisions for and assumes liability for the student;
- no public funds are spent, and no public school personnel are involved in providing the religious instruction;
- the student assumes responsibility for any missed schoolwork;
- a student may not be released from a core curriculum subject course to attend a religious instruction course.
It is expected that there will be additional hearings in the House Primary and Secondary Education Committee. However, the Senate has yet to work on this issue.
In addition to these bills, the legislature could address school bus safety, legislative fixes to Senate Bill 29 and property tax relief.
The lame-duck session moves quickly over the six weeks that mark the end of a General Assembly. Stay current with OSBA Facts in a Flash and watch for potential calls for action.