By: Brian J. DeSantis, Esq. and Daniel L. Lautar, Esq.
Significant changes are coming to Ohio that will (1) specify how school districts must accommodate student absences for religious expression and (2) restrict school district actions related to political movements and ideology. The changes stem from the recent passage of H.B. 214 and will require substantive, mid-year changes to policy and practices. As a part of the changes, boards will need to review their evaluation and hiring practices and establish a “grievance” process for families who believe the religious expression policy has been implemented improperly.
Religious Expression Days Policy
First, H.B. 214 will require boards to adopt a religious expression day policy. This policy, which must be adopted by October 24, 2024 (H.B. 214’s effective date), permits students to be absent for up to three days each school year for reasons of faith or religious or spiritual belief system or to participate in organized religious activities (“Religious Expression Days”). Religious Expression Days are to be considered “excused absences.”
Significantly, districts must approve Religious Expression Days without questioning the sincerity of a student’s beliefs (although a parent may be called to verify each request). Furthermore, students who are absent on Religious Expression Days must be allowed to participate in athletics and extracurricular activities on the day of the absence. This will result in a change in practice for many districts.
Districts cannot impose academic penalties for Religious Expression Day absences. Additionally, students must be provided with “alternative accommodations” for exams and academic requirements they miss due to a Religious Expression Day, if they provide proper notice. Proper notice is provided when a parent gives written notification within fourteen days of school starting (or after enrollment). Notably, H.B. 214 requires the policy to include a procedure for parents to notify the district of “grievances” in implementing the policy. As a result, Boards will need to develop a procedure and be prepared to respond to any grievances received.
The Religious Expression Day policy will need to be provided to parents and guardians annually and posted on district websites. District websites also must include a list of major religious holidays or festivals for the next two years and a disclaimer that the list is non-exhaustive. As explained below, Pepple & Waggoner is preparing this policy and additional guidance for its policy clients and those requesting a policy.
Political Movements and Ideology
Just as consequentially, boards will be required to adopt a policy prohibiting their respective districts from engaging in certain actions related to “political movements or ideology.” This policy must be adopted by January 25, 2025. As seen below, the mandatory language for this policy is densely worded and long, while also containing exceptions. As a result, school districts will need to exercise care in implementing the policy and ensure that staff are trained on the restrictions.
First, districts may not “solicit or require” covered individuals “to affirmatively ascribe to, or opine about, specific beliefs, affiliations, ideals, or principles concerning political movements, or ideology.” Covered individuals include employees, job applicants, students, and applicants for academic admission into the district. What does this mean in practice? Among other things, districts may not require applying students, enrolled students, employees, or job applicants to state their opinions regarding political movements or ideologies. Similarly, districts may not require applying students, enrolled students, employees, or job applicants to be a part of a political movement or ideology.
Second, districts may not “use statements of commitment” to specific beliefs, affiliations, ideals, or principles concerning political movements, or ideology” as part of:
- the academic evaluation of students,
- the evaluation criteria for employees or applicants, or
- the evaluation criteria for employees who are seeking career progression or benefits.
Claims alleging the foregoing can be foreseen when a job applicant is not awarded a desired position or when an existing employee does not receive a favorable evaluation. As a result, districts will need to exercise care in ensuring the policy is implemented properly.
The statute does affirm, however, that the foregoing restrictions will not affect a district’s authority to comply with or enforce applicable laws, offer a “character education program” in the district, or consider an applicant’s scholarship, teaching, or expertise in an academic field. Additionally, the statute affirms that the policy is not intended to affect an educator’s academic freedom, or ability to research or write about political movements, ideology, or social action.
Inevitably, questions will arise regarding whether district staff comments or questions have run afoul of H.B. 214’s political movements and ideology prohibitions. Boards will be required to make their “political movements and ideology” policies, guidance, and training publicly available, but the law expressly carves out protected legal communications or guidance (i.e., communications and guidance subject to the attorney-client privilege). Therefore, if a board engages legal counsel to provide training or obtain guidance, then attorney-client privilege will be retained.
Policy Adoption & Training
Pepple & Waggoner is preparing the above policies for its policy clients and is available to provide other clients with guidance on them. We are also available to provide training regarding what the new restrictions regarding political movements or ideology will mean for districts. As explained above, training provided by legal counsel retains attorney-client privilege and will allow for frank discussion of potential legal issues with the new law.
