Ohio School Law: Ohio Laws

The Ohio Legislative Services Commission must review all new bills to see if they have an impact on the budgets of school districts. The Commission must also prepare an annual report on the local impact of all laws passed by both houses of the General Assembly in the preceding year.

Local school boards must comply with the Sunshine Law, and have meetings in public.

When the territory of a city school district is not located in more than one city, the civil service commission of the city in which the district has territory shall serve as the commission for the school district. When the territory of a city school district is located in more than one city, the commission of the city that shall serve as the commission for the school district shall be the commission of the city that is the residence of the greatest number of the pupils of the district.
A city may enact an ordinance limiting the jurisdiction of its civil service commission to city employees only. Such an ordinance may exclude the employees of city school districts, thereby eliminating the authority of the civil service law. When this occurs, the employees of the city school districts are governed under the same statutes applying to other school district employees.

The civil service of city school districts of the state shall be divided into the unclassified service and the classified service. Teachers are unclassified. Generally, a classified employee is one who has passed a civil service examination and is employed in a non-managerial supervisory position. These employees enjoy civil service protection under Ohio law and cannot be removed from their position absent a showing of incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty.

Determining whether a school district is immune from tort liability involves a three-tiered analysis. A general grant of immunity is provided in the first tier which states that a political subdivision is not liable for damages for injury, death, or property loss allegedly caused by the political subdivision or its employee in connection with a governmental or proprietary function. The second tier in the immunity analysis focuses on five exceptions to the general grant of immunity, thereby exposing the political subdivision to liability. If any of those exceptions apply to overcome the general grant of immunity, a third tier of the analysis comes into play, assessing whether any defenses to liability reinstate the immunity.

Allows for the forfeiture of a public employee’s pension if the employee is convicted of certain felonies.

Ohio Department of Education created and responsibilities and powers.

State Teachers Retirement System (STRS)

Elementary and Secondary Scholarship Programs, including voucher programs in which parents can get money for their children to attend private schools.

Local Boards of Education and school districts

Instruction in venereal disease education emphasizing abstinence.

Schools - Superintendent; Teachers; Employees

Crimes which require or allow suspension, revocation or limitations on teacher's license.

School Attendance

Transportation; Tuition

Public Employees' Collective Bargaining

Rules for bus drivers regarding drunk driving.

Emily M.S. Houh, 16 Drexel L. Rev. 713 (2024)

School Funding Resources

The provision of the Ohio Ethics Law called Post-Employment is also commonly referred to as the Revolving Door law.
This important provision of the law prevents public servants from misusing their influence in a current job, with a former employer, or with any former employees they had supervised.

The State Employment Relations Board (SERB) administers the Ohio Public Employees’ Collective Bargaining Act.

A quasi-judicial agency, with jurisdiction over classified civil service employees across the State of Ohio.

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts.

There shall be a state board of education.

provides the framework for professional conduct for all Ohio educators. This includes any person who holds a license through the Department.

Developed by the Educator Standards Board and the Department, the Licensure Code was adopted by the State Board of Education in 2008. Updates were made and adopted on September 17, 2019. The Licensure Code provides a guide for conduct and possible disciplinary recommendations.

Standards for employment of individuals with criminal convictions in public education in positions which require a license.

Employment of non-licensed individuals in public education with certain criminal convictions

Qualifications to direct, supervise, or coach a pupil-activity program

Excuses from Compulsory Attendance for Home Education

Pupil transporation

Ohio Revised Code 3319.313 and 5126.253 requires public and non-public schools, including county DD
boards and community schools, to report to the Superintendent of Public Instruction the name and a factual statement of any license holder who engages in professional misconduct.

Ohio Supreme Court said that the public school funding system based on local real estate taxes is unconstitutional.

Proposed budget

Budget bill for 2022-2023. Makes some changes school funding. The Fair School Funding plan has only been funded for two years so far.

HB 99 allows school boards to arm teachers.

Requires the State Board of Education to
issue temporary educator licenses to applicants with expired professional
teacher's certificates and professional educator licenses

Eliminates August special elections, except when a school district in fiscal emergency needs one.

Budget bill for 2024-2025. DeWine signed it. Enacts the Data Act, an election reform measure. It includes more scholarships to private schools. Homeschooled students can now get these scholarships. Strips Ohio’s Board of Education of most of its power, transferring it instead to a newly-created Department of Education and Workforce within the governor’s office. It also relaxes some home-school requirements.

A bill to reform College Credit Plus, to make it easier for high school teachers to teach the college classes.
DeWine signed in 2024, includes provisions prohibiting gender neutral multi-stall bathrooms in k-12 and college buildings.

Now a student’s parents must consult with the reading teacher and principal before a decision is made, and the student would continue to receive reading intervention until they are at the reading grade level.

The science of reading provisions in the budget include $86 million for educator professional development, $64 million for curriculum and instructional materials and $18 million for literacy coaches.

Dayton Daily News 10/16/23