The Ohio legislature has enacted HB 214, which imposes significant mid-year policy and practice changes on Ohio’s school districts. The new law addresses two main areas: (1) accommodation of student absences for religious expression; and (2) restrictions on school district actions related to political movements and ideology. These changes will require action by school boards to review and revise existing policies and procedures.
Religious Expression Days Policy
Effective Date: October 24, 2024
Key Requirements:
- Policy Adoption: Boards of Education must adopt a policy allowing students to take up to three excused absence days per school year for reasons of faith or participation in organized religious activities (“Religious Expression Days”).
- Approval Process: Districts must approve Religious Expression Days without questioning the sincerity of a student’s beliefs. Parental verification of Religious Expression Days requested by students is permissible.
- Participation in Activities: Students absent for Religious Expression Days must be allowed to participate in athletics and extracurricular activities on the day of the absence.
- Academic Accommodations: Districts cannot impose academic penalties for absences due to Religious Expression Days. Students must be provided with alternative accommodations for exams and academic requirements if proper notice is given. Notice is deemed to be proper when a parent gives written notification within 14 days of the start of school (or after enrollment) to request Religious Expression Days.
- Grievance Procedure: The policy must include a grievance procedure for parents who believe the policy has been improperly implemented.
- Annual Notification: The policy must be communicated to parents and guardians annually and posted on the district website, along with a list of major religious holidays and a disclaimer that the list is non-exhaustive.
- Policy Update: Notably, the effective date of this provision is October 24, 2024; thus, districts should begin the process of updating Board policy as soon as possible.
Political Movements and Ideology Policy
Effective Date: January 25, 2025
Key Requirements:
- Prohibited Actions:
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- Districts may not solicit or require employees, job applicants, students, or applicants for academic admission to “affirmatively ascribe to, or opine about, specific beliefs, affiliations, ideals or principles concerning political movements, or ideology.” In practice, this means that school districts cannot require these “covered individuals” to share their opinions regarding political movements or ideology, nor can they require them to be a part of any political movement or ideology.
- Districts may not use statements of commitment to specific political beliefs, affiliations, ideals, or principles as part of the academic evaluation of students, evaluation criteria for employees or job applicants, or for career progression or benefits.
2. Permitted Actions:
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- Districts can comply with applicable laws, offer character education programs, and consider an applicant’s scholarship, teaching, or expertise in an academic field.
- The policy does not affect an educator’s academic freedom or ability to research or write about political movements, ideology, or social action.
Implementation Steps:
- Policy Revision: Based on the effective date, districts should begin revising Board policy to comply with the new requirements.
- Public Information: Boards are required to make their “political movements and ideology” policies, guidance, and training available to the public. However, the law does provide a specific exception that allows for application of the attorney-client privilege to communication with counsel seeking guidance in this area.
- Communication: Inform parents and students of the changes to policies and practices and the implications for their school experience.
For Further Information: The Weston Hurd Education Group is available to assist with issues related to the implementation of HB 214. Please do not hesitate to contact us with any questions.
