by Nicole Piscitani • Sept. 8, 2024
In June, the Ohio legislative made several changes to House Bill (HB) 147 before sending the bill to Gov. Mike DeWine for his signature. The bill originally was introduced to fix a loophole in the Ohio Revised Code (RC) that pertained to teacher misconduct. The law did not require a school employee’s misconduct to be reported to the state’s superintendent of public instruction (state superintendent) if the school employee retired during a disciplinary investigation for misconduct. The bill was introduced in April 2023 and moved smoothly through the Ohio House. The Ohio Senate held hearings, and the bill received no opponent testimony.
The Ohio legislature wanted to advance several education provisions before the extended summer recess, and HB 147 was a vehicle primed for amendments. Some sports-related provisions and permanent flexibility for students who receive the Jon Peterson and Autism scholarships were added.
HB 147 contains the following education provisions, broken down by topic.
School employee misconduct
As indicated, public schools and ESCs must notify the state superintendent regarding a licensed employee who retires during a disciplinary investigation for misconduct. A report also must be filed if the employee retires under threat of termination or nonrenewal of their contract. The bill expands school personnel subject to discipline by the State Board of Education for misconduct by modifying the definition of “license” to include pupil services personnel, staff members who hold a private provider registration under the Autism Scholarship Program and certain unlicensed individuals authorized to teach in high-performing school districts. Lastly, school districts and ESCs must file a report with the state superintendent when they remove a licensed employee from the list of eligible substitute teachers because the employee was reasonably determined to have committed an act unbecoming to the teaching profession.
Jon Peterson Special Needs and Autism scholarships
During the COVID-19 pandemic, the legislature allowed the Ohio Department of Education certain flexibilities for students who receive the Jon Peterson and the Autism scholarships. One of the flexibilities allowed recipients to receive services virtually. Those flexibilities were set to expire, and the Ohio Department of Education and Workforce (ODEW) couldn’t extend the ability to use virtual services without legislative permission. HB 147 provides that permission, allowing services prescribed in the student’s individualized education program (IEP) to be offered virtually by qualified credentialed providers. Additionally, since the bill explicitly states that the virtual services must be administered by a qualified credentialed provider, the bill adds numerous credentialed professionals to the State Board’s approved list.
Interscholastic athletics at a different school
These provisions were originally found in Senate Bill (SB) 259, which received only one hearing before the provisions were inserted in HB 147. The bill allows a school district superintendent to permit a home-educated student or a student enrolled in a different school district, community school, STEM school, chartered nonpublic school or nonchartered nonpublic school to participate in interscholastic athletics at any of the district’s schools if the student was a victim of any of the following:
- harassment, intimidation or bullying;
- an offense of violence;
- a violation of state importuning law;
- an attempt to commit an offense of violence or to violate state importuning law;
- conduct by a school official employee, or volunteer that violates the Licensure Code of Professional Conduct for Ohio Educators developed by the State Board of Education.
The bill also indicates that the offense can be by a school official, employee, volunteer or another student. Additionally, the bill indicates that the individual who was alleged to commit an offense of violence, violation of the importuning law, or an attempt to do either, must have been charged with, indicted for, convicted of or pled guilty to committing the offense or, if the offender is another student, has been alleged to be or is adjudicated a delinquent child for committing the offense.
If the superintendent allows the student to participate, that student must fulfill the same academic, nonacademic, and financial requirements as any other participant who resides in the district. A home-educated student must fulfill the requirements as prescribed in continuing law. A school district may not impose additional rules or fees that are not equally applied to other students who are participating in the same activity.
The Ohio High School Athletics Association and the Buckeye Association of School Administrators have developed a template that superintendents can use to consider these requests. The template is not mandatory but intended as an optional tool.
Tickets at school-affiliated events
HB 33, the biennial budget bill, changed the law to require that schools accept cash at school-affiliated events. Legislators learned of circumstances in which some schools were charging different ticket prices based on the form of payment. HB 147 furthers the language established in HB 33 by prohibiting qualifying schools and athletic conferences and organizations from establishing different ticket prices based on the payment method. The only exception is to cover the processing fee for tickets purchased online or by credit card. Additionally, the bill requires that student ticket prices be less than an adult ticket price for the same event.
HB 147 will be effective Oct. 24, 2024.