by David Hirt & Susan Keating Anderson, Roetzel & Andress Co., LPA
The governor signed House Bill 8 (HB 8), the so-called “Parents’ Bill of Rights,” into law on January 8, 2025. Although initially proposed in HB 445, release time for religious instruction is also made mandatory through HB 8, provided certain conditions are met. The new law is effective April 8, 2025.
HB 8 creates new Ohio Revised Code Section 3313.473, which states “[t]he general assembly maintains that a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child” and requires each local board of education to adopt a policy “to promote parental involvement in the public school system.”
The new law specifically addresses “sexuality content” in curriculum, described as : “any oral or written instruction, presentation, image, or description of sexual concepts or gender ideology,” not including instruction or presentations on “venereal disease education” (i.e., abstinence instruction), child sexual abuse prevention, sexual violence prevention, or “incidental references to sexual concepts or gender ideology occurring outside formal instruction or presentations…including references made during class participation and in schoolwork.”
The law requires each board of education to enact policy no later than July 1, 2025, that:
1. Ensures that any “sexuality content” is age-appropriate and developmentally appropriate, and that prohibits “sexuality content” in grades K-3;
2. Requires district personnel to notify a parent of any change in a student’s services, including counseling services, or monitoring relating to the “student’s mental, emotional, or physical health or well-being” or the school’s ability to provide a safe and supportive learning environment for the student; and
3. Prohibits district personnel from directly or indirectly encouraging a student to withhold from a parent information concerning the “student’s mental, emotional, or physical health or well-being,” or a change in related services or monitoring.
A board of education is required to allow parents to review “sexuality content” before it is included in instruction and permit parents to opt their child out of such instruction, in which case the board must provide an alternative assignment.
Regarding the notice requirement in Item 2 above, the law defines “student’s mental, emotional, or physical health or well-being” to include:
A. Academic performance;
B. Any “significant” sickness, physical injury, or psychological trauma;
C. Any harassment, intimidation, or bullying by or against a student;
D. Any request by a student to identify as a gender that does not align with the student’s biological sex (i.e., “the biological indication of male and female, including sex chromosomes, naturally occurring hormones, gonads, and unambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender”); or
E. Exhibition of suicidal ideation or persistent symptoms of depression, severe anxiety, or other mental health issues.
The new law also requires that a board notify parents at the beginning of each school year of each health care service offered at their student’s school and identify which services are required by state law, allow parents to opt out of any physical, mental, or behavioral health care service, and adopt a procedure to obtain authorization from parents before providing a student with any type of health care service. These requirements do not apply to emergency situations, “unanticipated minor health care services,” or services provided pursuant to an IEP or Section 504 plan.
Parents must be able to file with building administration a written “concern” regarding any topic addressed in R.C. 3313.473, which concern must be resolved within thirty days, and which resolution is appealable to the superintendent and ultimately the board of education.
The board’s policy described above must be posted prominently on the board’s website.
Finally, as mentioned, the new law amends R.C. 3313.6022 to require students to be released from school for religious instruction if:
1. A parent consents in writing;
2. The sponsoring entity keeps attendance records and makes them available to the board;
3. The sponsoring entity is responsible for transportation;
4. The sponsoring entity makes provisions for and assumes liability for student safety;
5. No public funds are used, and no public school personnel are involved, in providing religious instruction;
6. Students are responsible for missed work; and
7. Students are not released from core curriculum subjects.
A board may require a criminal records check of any instructors or volunteers used by the sponsoring entity to provide religious instruction; the board determines the manner of such checks. In addition, a board must collaborate with the sponsoring entity to identify when release time may occur, and release time must be permitted for all religions. A board of education may, but is not required to, award up to two high school credits for religious instruction, but may not base its decision on whether to award credit on the nature of the religion or instruction.
Development of policies addressing the provisions of HB 8 is a a key step towards compliance with the provisions the bill. School administrators are advised to take steps now to work with district legal counsel and their board of education to implement such policies and train district personnel on the parameters of those policies.