These key Ohio education bills are still fighting for approval

COLUMBUS, Ohio (WCMH) – This is the last week for the 135th General Assembly of Ohio, and state legislators are trying to usher a number of bills across the finish line and to the governor's desk, including several key education bills.

Three bills are scheduled to be discussed during Tuesday's final Senate Education Committee meeting: amended House Bill 8, substitute House Bill 206 and Senate Bill 295. If they make it out of the Senate, they will need to be approved by the full relevant legislative chamber.

The Senate and House have one last session scheduled a piece, with the Senate meeting at 1:30 p.m. on Wednesday and the House meeting half an hour later at 2 p.m. If need be, the House may also meet at 11 a.m. Thursday morning.

What is House Bill 8, the "Parent's Bill of Rights?"

Ohio’s “Parents’ Bill of Rights” is a sweeping K-12 education bill that would allow parents to opt their students out of “sexuality content,” require educators to notify parents of various changes in their children and, as of last week, require school districts to implement religious release policies. 

On Tuesday, Senate Education Committee members will discuss an amended version of the bill, which would maintain many portions of HB 8, likely with a key addition. The Senate schedule lists an amended HB 8 on its agenda, but the committee has also been debating a substitute bill that would fold in other stalled legislation.

The substitute version would require public schools to adopt a policy permitting religious release time, or excused absences for students who attend religious instruction during the school day. Similar legislation already exists in both chambers, which would just change one word of existing laws by requiring, rather than allowing, districts to implement these policies.

HB 8’s addition alters more than one word. Under the revised bill, districts would be required to implement policies within specific parameters, including “reasonable access and opportunity” to religious programming during non-core classes. The bill goes on to define core classes, a new addition to Ohio law, as math, English, social studies, science and health studies. 

The amended bill maintains most of what was included in the version of HB 8 that passed in the House in June. The bill would still require teachers to let parents know about any changes in students’ mental, emotional or physical health, including any requests from students to identify as a gender that does not align with their biological sex at birth. These stipulations have raised concerns among opponents, especially LGBTQ+ advocates who said they worry HB 8 would lead to forced outing of students.

The bill still allows parents to opt their students out of "sexuality content" and maintains that school staff would not be allowed to encourage a student to withhold information from their parents unless it would result in abuse, abandonment or neglect. The amended bill also offers options to opt in to health services and language clarifying how parents can make complaints.

Substitute House Bill 206 amends expulsion laws

HB 206 amends Ohio laws about expelling public school students for actions that endanger other students or staff. In its latest version, HB 206 adds provisions defining "imminent and severe endangerment" to incorporate if students bring dangerous weapons to school or school events, and if they make specific or dangerous threats, including through social media.

The expulsion bill would also require students to show sufficient rehabilitation before they are allowed back into the district. Students who do not show progress within the 180-day period permitted by law can be granted a 90-day extended expulsion and assessed again. Students must also be examined by a licensed psychiatrist or psychologist who is tasked with making recommendations on the student's reentry to school.

Under the amended version, superintendents also have more rights to develop conditions for a student being reinstated into a district, and have 15 days to create an education plan for the expelled student during their expulsion, rather than five days. Finally, the bill requires the student's school district to provide expulsion records to the Ohio Department of Education and Workforce.

Senate Bill 295 would adjust options for poor performing schools

The third bill awaiting action in the Senate Education Committee has been fast-tracked, with several Ohio educators groups opposing the bill at its Dec. 10 hearing, and just one testimony in favor, from a charter school specialist.

SB 295 would require the closure or restructuring of some poor performing schools, including public schools, community or charter schools, and STEM schools. The bill revises existing law about poorly performing districts, defining them now as a school building that teaches at least some students older than third grade and has been ranked poorly for three consecutive years.

Specifically, schools that have been ranked in the bottom 5% for performance index score and the bottom 10% in effect size in the value-added progress dimension by the Ohio Department of Education for three consecutive years would qualify. Generally, all districts are subject to the same criteria; however, charter schools that enroll most of their students in dropout prevention programs qualify for an alternative option if they receive this designation.

Once a school is determined to be poor performing, the bill allows for five options for a district to take:

• Close the school and disperse students among higher performing schools in the district
• Contract with an approved outside organization and allow them to operate the school
• Replace the principal and most licensed staff
• Make the school a part of a different school district
• Collaborate with Department of Education and Workforce services to improve

Under Ohio law, charter or community schools are not allowed to restructure, and SB 295 expands options for those districts. If passed, the earliest a school could close or restructure under the bill would be the end of the 2027-2028 school year, using data from 2024 through 2027 to determine if it would be affected.

The bill has yet to be considered by the House, so it is unlikely it would be able to pass with such limited time. However, NBC4 Statehouse reporter Natalie Fahmy was told last week senators were working hard to get it passed.