fbpx

We are the OEA

Leading the Way for Children and Public Education

Public Education Matters icon

Legislative Watch – December 9, 2024

Amendments Making Changes to Student Privacy Bill (Senate Bill 29) Clear Both Chambers

Last week, the Ohio Senate Education Committee approved amendments to House Bill 432, sponsored by Representative Don Jones (R-Freemont), a bill dealing with career-technical education, to address concerns with the implementation of a new student privacy law established under Senate Bill 29, sponsored by Senator Steve Huffman (R-Tipp City), which became effective in October 2024.

OEA collaborated with other interested parties and supports the student privacy amendment that does the following:

  • Removes the advance notice requirement for access related to an educational purpose.
  • Makes changes to the “72-hour notice” to limit notifications to:
    • The access is under judicial warrant or subpoena or related to a missing or stolen device, and the school district initiates responsive action.
    • The access is to prevent or respond to a threat to life or safety, and the school district initiates action in response to a warrant, subpoena, or theft, for child abuse or neglect, or related to suspension or expulsion, harassment, intimidation, or bullying, or a threat assessment.
      Removes the requirement to give notice 72-hours after a threat to life or safety has ceased when the notice itself would pose a threat to life or safety.
    • Amends the definition of “educational records” to align with the definition of “education records” set forth in the FERPA.
  • Amends the definition of “student” to limit to currently enrolled students.
  • Clarifies that the State Board of Education may take licensure action against an individual who purposely uses or intentionally releases confidential student information for purposes other than student instruction and that release violates the Licensure Code of Professional Conduct for Ohio Educators.
  • Requires that a service contract between a school district and a county board of developmental disabilities, educational service center, joint vocational school district, another school district, or an information technology center to indicate which contracting party is responsible for providing parental notice of access.
  • Adds an emergency clause to make these changes effective immediately upon signature of the Governor.

Two other amendments were requested by the Ohio Department of Education and Workforce (DEW) and inserted in the bill. One amendment conforms to the grade band specifications for a reading competency exam requirement for new educator licenses to conform with the grade band under current law. The other addresses which students can be served at STEM Programs of Excellence.

Amended House Bill 432 was subsequently passed by the Ohio Senate and the Ohio House. The bill is pending signature by Governor DeWine.

Ohio Senate Committee to Take Up School Closure Bill; Holds Hearing Controversial “Parents’ Bill of Rights” Legislation

Senate Bill 295, sponsored by Senate Education Committee Chair, Senator Andrew Brenner (R-Delaware), will receive all testimony (proponent/opponent/interested party) before the Senate Education Committee on Tuesday, December 10, 2024, at 3:00 PM. SB 295 represents an overreach that threatens public education and educators’ rights. This bill expands criteria for labeling schools as underperforming, forcing districts to take drastic actions such as closing schools, transferring control to private operators, or replacing staff—while overriding collective bargaining law and local collective bargaining agreements.

SB 295 is a continuation of failed policies that punish schools without addressing root issues like poverty, underfunded mental health resources, and educator shortages. SB 295 ignores the real reforms we need to close opportunity gaps and instead repeats mistakes like HB 70 and academic distress commissions.

Even more concerning, legislators may attempt to pass this bill with limited public testimony during the final weeks of lame duck, violating normal order and silencing Ohioans.

OEA opposes SB 295 and asks that members send their legislators a letter opposing SB 295 by using this action alert. If you are able to attend, please show up at the Statehouse for the 3:00 PM hearing. The hearing will be held in the Senate South Hearing Room. A map of the Statehouse can be found here.

Additionally, the Senate Education Committee will hear all testimony on House Bill 8, sponsored by Representative D.J. Swearingen (R-Huron) and Representative Sara Carruthers (R-Hamilton), during its Tuesday hearing.

HB 8 unnecessarily entangles state government in regulating communications and relationships between parents and educators. Government mandates on these matters interfere with the professionalism of educators and weaken the principle of local control of public schools.

Chances for student success are of course best when parents, guardians, and other family members are engaged and active in the school community. Quality interaction and involvement includes meeting with educators, volunteering for school activities and trips, participating in Parent-Teacher Associations, and more.

OEA is asking members to participate in the action alert from our partners at Honesty for Ohio Education to email your legislators urging them to oppose HB 8.

Bill Dealing with Student Discipline Clears the Ohio House

House Bill 206, sponsored by Representative Gary Click (R-Vickery) and Representative Monica Robb Blasdel (R-Columbiana), would allow a local school board to adopt a resolution that authorizes the superintendent to expel a pupil from school for a period not to exceed 180 days for actions that the superintendent determines pose imminent and severe endangerment to the health and safety of other pupils or school employees.

Additionally, the bill would require the local school district superintendent to develop conditions for a student expelled for imminent and severe endangerment to satisfy before that student may be reinstated, one of which must be an assessment by a psychiatrist, psychologist, or school psychologist to determine whether the student poses a danger. In making this decision, the local school district superintendent is required to consult with a multidisciplinary team of their selection when making reinstatement determinations for maximum-term expulsions. The bill permits the superintendent to extend the expulsion for another period not to exceed 90 school days, subject to further reassessment. The bill requires a plan for the continued education of the expelled student and would not eliminate any protections a student has under federal law (i.e., for students protected by IDEA).

HB 206 passed out of the Ohio House by a vote of 68-15. OEA is an interested party on the legislation. The bill now heads to the Ohio Senate for consideration where it will receive its first hearing before the Senate Education Committee on Tuesday, December 10, 2024.

Voucher Accountability Legislation Gutted in Committee 

As introduced, House Bill 407, sponsored by Representative Gayle Manning (R-North Ridgeville and Representative Bill Seitz (R-Cincinnati), was legislation that would bring needed fiscal and academic accountability to Ohio’s voucher programs. With universal eligibility for K-12 vouchers, Ohio now spends $1 billion a year on private school tuition with scant accountability. HB 407 would have required reporting on how public money is spent, publication of private school enrollment procedures, and voucher students to take the same state tests as their public-school peers and a similar state report card for private schools who accept vouchers. For these reasons, OEA supported the as introduced version of the bill.

However, in the last two meetings of the Ohio House Primary and Secondary Education Committee, three different substitute versions of the bill have been adopted. Each time, the accountability measures in the bill were watered down. The fiscal accountability provision and requirement to report enrollment policies were removed. Although private schools would still be issued state report cards for their voucher students under the bill, the provision requiring the same state tests was also removed. If students in these private schools are not taking the same state tests as their public-school peers, the academic accountability measure is severely blunted as parents would not have an apples-to-apples comparison of student performance. With the changes to the bill, OEA has dropped its support for HB 407 and is now an interested party, or a neutral on the bill.

HB 407 passed out of committee on Tuesday, December 3, 2024. With just a few days left in session this year, it appears unlikely that the bill will be passed into law.

Senate Passes Bill Allowing Reemployed Retirees to Run for STRS Board 

On Wednesday, December 4, 2024, the Ohio Senate unanimously passed House Bill 78, which is sponsored by Representative Bill Seitz (R-Cincinnati) and Representative Joe Miller (D-Amherst). The bill would allow reemployed STRS retirees to run for the STRS Board as retired members. Under current law, reemployed retirees are barred from running for the STRS Board although they are able to vote in elections for retiree members of the Board. OEA supports this bill. HB 78 unanimously passed the House last year. The bill is now headed to Governor DeWine to be signed into law.

For an archive of past Legislative Watch releases, visit the Legislative Watch archive.