By Brian J. DeSantis, Esq.
As districts return to school, they will need to navigate a wave of new laws—some taking effect immediately and others rolling out in the months ahead. This wave stems from a flurry of activity by the Ohio General Assembly, which has passed significant measures related to tracking students’ online activity (modifying S.B. 29), requiring single-sex facilities, establishing a “Parents’ Bill of Rights,” mandating “release” time for religious instruction, addressing medication administration, and authorizing longer expulsions. To help you prepare, this blog provides an overview of these changes and the key deadlines you need to know.
Amendment of S.B. 29 Provisions Related to Monitoring Student Activity (H.B. 432). Effective: December 9, 2024. Under H.B. 432, the General Assembly amended S.B. 29’s onerous provisions related to tracking student activities on school-issued devices. Most notably, the General Assembly amended when a school district must provide a written “72 Hour Notice” to parents. Districts are no longer required to provide a 72 Hour Notice if they monitor or track student activity for instructional purposes, technical support, or exam proctoring. Districts are also not required to provide notice if the tracking activity was necessary to comply with federal/state law/funding programs. However, a 72 Hour Notice must still be provided if the district takes “responsive action” regarding a warrant/subpoena, the device being stolen, or a threat to life or safety (unless the notice itself would pose a threat to life or safety). Districts should consult with legal counsel about other changes under H.B. 432 and review whether S.B. 29 forms and contract language need further revision in light of H.B. 432’s amendments.
Single Sex Facilities and Accommodations (S.B. 104). Effective February 25, 2025. Under S.B. 104, districts must designate multi-student restrooms and locker rooms for use by members of one biological sex (male or female). Districts will also be prohibited from allowing the opposite sex to use those student facilities. The new law also prohibits a district from allowing a multi-person facility to be open to all genders and creates parallel restrictions on overnight accommodations. Notably, the law includes exceptions for single-occupancy facilities, special circumstances, students with disabilities, and certain staff use. Districts should prepare for these changes by S.B. 104’s February 25th effective date, and consult with legal counsel about the requirements.
Parents’ Bill of Rights (H.B. 8). Policy Required by July 1, 2025. On January 8, 2025, Governor DeWine signed H.B. 8, which will require boards of education to adopt a policy (by July 1, 2025) establishing a “Parents’ Bill of Rights.” Among other things, the policy will require sexuality content to be age and developmentally appropriate, and it must allow parents to review material and exclude their children from such content. The policy will also prohibit personnel from encouraging a student to withhold the student’s mental, emotional, or physical health or well-being, or a change in related services from a parent. Similarly, schools will be required to obtain parent authorization before providing any health care to a student, notify parents of health care services provided by the district, and give parents the option to withhold consent or decline the service. Exceptions would include emergency situations, first aid, unanticipated minor health care services, or services provided pursuant to the student’s IEP or 504 Plan. Parents also must be “promptly” notified of any substantive changes in the student’s services (e.g., counseling, monitoring mental health). Pepple & Waggoner will explain H.B. 8 in further detail in a future blog.
Released Time for Religious Instruction Policy Required (H.B. 8). Effective date: April 8, 2025. H.B. 8 will also require each board of education to adopt a policy permitting “released time for religious instruction.” Under existing law, a board may adopt such a policy; H.B. 8 will require such a policy. As with the current law, a “released time” program is subject to restrictions specified in the statute. H.B. 8 will also require the district to collaborate with a sponsoring entity to identify a time to offer the released time course and will permit the Board to require a criminal records check of any instructors or volunteers of the sponsoring entity.
Political Movements and Ideology (H.B. 214). Policy Required by January 25, 2025. Under H.B. 214, boards of education must adopt a policy prohibiting their district from engaging in certain actions related to “political movements or ideology.” The policy must prohibit the district from soliciting or requiring students, staff, and applicants for employment or enrollment to subscribe to or opine about specific beliefs, affiliations, ideals, or principles concerning political movements. Boards will be required to make their policy, guidance, and training publicly available—unless the communications and training are protected by attorney-client privilege. Pepple & Waggoner attorneys explain the legislation in this Blog and are available to provide training on this law’s new regulations.
Administering Over-the-Counter Drugs (H.B. 70). Effective date: March 29, 2025. Under H.B. 70, boards of education are required to adopt a policy on the authority of their employees to administer over-the-counter drugs. The policy may include provisions regarding whether the district will authorize any employees to administer drugs or require parental/guardian permission before administering an over-the-counter drug to a student.
Long-Term Expulsion (H.B. 206). Effective date: April 8, 2025. On January 8, 2025, Governor DeWine signed H.B. 206, which will permit a board of education to adopt a policy to expel a student for up to 180 school days for actions that pose “imminent and severe endangerment to the health and safety of other students or school employees.” As part of the expulsion, the superintendent must develop conditions for a student’s reinstatement (including an assessment to determine whether the student poses a danger). The expulsion can be extended for up to another 90 school days if the student’s rehabilitation is insufficient, and the superintendent may develop contingent conditions for reinstatement (and revoke reinstatement if the conditions are not met).
Seizure Safety (H.B. 206). Effective Date: April 8, 2025. H.B. 206 also allows a student to possess a prescribed drug to prevent the onset of a seizure or to alleviate symptoms of a seizure provided the student has the written approval of the student’s physician and parent and the written approval has been provided to the principal and school nurse (if one is assigned to the school).
If you have any questions about the wave of changes that are here or coming soon, do not hesitate to contact the attorneys at Pepple & Waggoner.
