General Assembly activity
The General Assembly sent Senate Bill (SB) 229 to Gov. Mike DeWine for his signature. The bill passed with an emergency clause and would do the following:

  • temporarily extend the deadline to April 30, 2022, for a school district to submit a blended learning model to the Ohio Department of Education (ODE) for the 2021-22 school year and require a school district that implements a blended learning model to submit quarterly reports to ODE;
  • require each district to complete and submit within 90 days a remediation plan to address the learning loss students experience during the COVID-19 pandemic and permit school districts to use an already-submitted extended learning plan or local-use funds plan to satisfy the remediation plan;
  • permit a school district to adopt a resolution that provides remote learning to a student whose parent requests remote learning;
  • permit a district that operates an online learning school to allow a quarantined student in a traditional district school to participate in that online learning school during the period of quarantine;
  • exempt districts from retaining a student under the Third Grade Reading Guarantee for the 2021-22 school year but require the district to consult with the parent on the decision of a principal and reading teacher as to whether a student should be retained;
  • prohibit the use of the chronic absenteeism measure on the state report card for the 2021-22 school year;
  • add two school district superintendents and a school principal to the state report card review committee but specifies that they must represent urban, suburban and rural school districts;
  • add a representative from a community school to the state report card review committee;
  • require ODE to calculate an adjusted four-year graduation rate for those students who were continuously enrolled in the same district or building in grades nine-12;
  • exempt an online learning school from the current law requirement that school administrators develop an emergency management plan for each building under their control;
  • require a public school to integrate the study of economic and financial literacy into one or more existing social studies credits or into the content of another class for students graduating between 2022-2025;
  • require EdChoice and Cleveland voucher payments to be distributed to a student’s guardian, legal custodian or caregiver if the student doesn’t live with their parent;
  • update the timing of Cleveland voucher payments to match EdChoice voucher payments;
  • make a change to the funding base used to determine state funding to an educational service center.

The General Assembly sent House Bill (HB) 169 to DeWine for his approval. The bill provides state appropriation authority for schools to receive the funding provided by Congress through the Elementary and Secondary School Emergency Relief (ESSER) Fund in response to the COVID-19 pandemic. Those appropriation provisions take immediate effect. Additionally, the bill appropriates Governor Emergency Education Relief (GEER) funding and provides funding to establish a minimum per pupil for ESSER fund money in districts that receive little or no funding due to the federal funding formula.

The General Assembly also sent HB 29 to DeWine for his approval. The bill would legalize, regulate and tax sports gaming. The bill also would prohibit betting on any sport or athletic event if a player is under the age of 18. Additionally, the bill would require that 98% of profits be used for K-12 education.

Finally, the General Assembly sent HB 122 to DeWine for his approval. The bill would establish and modify requirements regarding the provision of telehealth services of school psychologists, speech-language pathologists, occupational therapists, occupational assistants, behavior analysts and physical therapy assistants, among others.

House activity
The House unanimously passed SB 166, sending it to the Senate for a concurrence vote. The bill would establish the student pathways for career success grant program and require the state to create a program that establishes financial incentives for Ohio businesses to provide work-based learning experiences for students enrolled in career-technical education programs. The bill would also do the following:

  • modify the OhioMeansJobs-readiness seal to include a student completing 250 hours of a work-based learning experience that is either approved by a business advisory council or aligned to the career-technical pathway approved by ODE in which the student is enrolled;
  • replace a district's or school's enrolled ADM with the sum of enrolled ADM for all districts and schools within the career technical planning district as a factor in computing career awareness and exploration funds;
  • permit career-technical schools to use remote or digital learning;
  • require joint vocational school districts to be included in revenue-sharing agreements from a CRA. 

The House passed HB 458 by a 68-22 vote. The bill would eliminate the August special election, except in instances when the August special election is to nominate or elect candidates for the U.S. House of Representatives or if a school district is under a fiscal emergency. The bill also would allow a school district whose entire territory is located within the congressional district that is on the August ballot to put certain levies on the August ballot. Earlier in the week, OSBA, the Ohio Association of School Business Officials, the Buckeye Association of School Administrators, and the Ohio Township Association provided opponent testimony. Click here to read the testimony. HB 458 now heads to the Senate for consideration.

The House unanimously passed HB 45. The bill would require the state tax commissioner to administer a temporary amnesty program from July 1, 2022, through Aug. 31, 2022, with respect to delinquent state, local sales and use taxes and also certain fees. The bill now heads to the Senate for consideration.

The House also passed HB 397 by an 82-2 vote. The bill would revise the law regarding agricultural leases. HB 397 now heads to the Senate for consideration.

The House passed House Concurrent Resolution 13 by a vote of 58-33. The resolution would urge Congress to enact the Sunshine Protection Act of 2021, which would permanently extend daylight saving time. The resolution now heads to the Senate for consideration.

Senate Ways and Means Committee
The committee amended and passed HB 126, which would modify the board of revision process to only allow property owners to file an initial complaint and require a school district, before filing a counter-complaint, to adopt a resolution that includes evidence of another value. The bill also would prohibit a property owner and a school district from entering into a private pay agreement and would prohibit a school district from appealing the decision of a board of revision. Additionally, the provisions of the bill would go into effect for complaints filed for tax year 2022. The bill could be voted on by the full Senate on Dec. 15.

Senate General Government Budget Committee
The committee held a second hearing on HB 218, sponsored by Rep. Al Cutrona (R-Canfield), which would prohibit a school district from requiring a student or employee to receive a COVID-19 vaccine unless that vaccine has been granted final approval by the federal Food and Drug Administration. The bill also would establish exemptions for students and employees should an approved COVID-19 vaccine be required by a school or employer. These two provisions are temporary and would expire on Sept. 30, 2025. Additionally, the bill would prohibit an individual from being required to show proof of vaccination and extend through June 20, 2023, a school district’s civil immunity as it relates to the exposure, transmission or contraction of COVID-19.

House Higher Education and Career Readiness Committee
The committee held a fourth hearing on SB 135, which would require school districts to include in career advising policies information on career fields with associate degrees and certificates; provide information on the Reserve Officers’ Training Corps; and require school districts to adopt a policy on free speech that includes a process for a student or teacher to file a complaint due to a violation of the policy.

Senate Veterans and Public Safety Committee
The committee passed and accepted a substitute version of SB 23, which would expressly allow the use of cameras to capture images and videos of vehicles illegally passing a stopped school bus and establishes a civil penalty when a driver who illegally passes a school bus cannot be identified. The substitute bill requires both the school district and the local political subdivision with jurisdiction over the law enforcement agency to adopt resolutions authorizing a civil penalty to the registered owner of the vehicle, if the identity of the driver cannot be established.

Senate Transportation Committee
The committee held sponsor testimony on SB 270, sponsored by Sens. Teresa Fedor (D-Toledo) and Theresa Gavarone (R-Bowling Green), which would specifically require the director of transportation to notify any school located within one-half mile of a proposed additional state highway or significant change to an existing state highway that will be impacted by that additional highway or significant change.

House Government Oversight Committee
The committee amended SB 9, which would require ODE and other state agencies to reduce regulatory restrictions by 30% by 2025. The amendment would require state agencies submitting rules implementing a federal requirement to the Joint Committee on Agency Rule Review (JCARR) to cite its source and provide a statement on whether the rule is more or less stringent or burdensome than the federal requirement. Additionally, the bill allows JCARR to recommend invalidation and to lessen the reductions in regulatory restrictions required by the bill if certain conditions are met. The amendment exempts rules adopted by the Ohio Casino Control Commission as it pertains to sports gaming.

The committee held sponsor testimony on HB 455, sponsored by Rep. Reggie Stoltzfus (R-Paris Township), which would provide an opportunity for a concealed handgun licensee or qualified military member to avoid charges for carrying a deadly weapon into a prohibited place, including a school zone, if the person leaves upon request, and penalize failure to leave upon request or returning with a firearm.

House Behavioral Health and Recovery Committee
The committee amended and passed HB 428, which would establish the Adverse Childhood Experiences Study Commission. The amendment changes language from a previously adopted amendment to clarify that the member from the Ohio Children’s Trust Fund is a representative instead of a board. After committee passage, the House informally passed the bill, meaning it was intended to be voted on but was delayed for a subsequent session.

House Transportation and Public Safety Committee
The committee passed HB 394, sponsored by Rep. Sara P. Carruthers (R-Hamilton), which would create the Stephen T. Badin High School license plate and would make an appropriation on revenues received from the purchase of the license plate.

Senate Judiciary Committee
The committee held sponsor testimony on SB 226, sponsored by Sens. Stephanie Kunze (R-Hilliard) and Nickie J. Antonio (D-Lakewood), which would extend, from the age of majority (18) to 26, the tolling of the period of limitation for offenses involving a wound, injury, disability, or condition that indicates abuse or neglect of a child.

Posted by Nicole Piscitani on 12/10/2021