General Assembly activity
|The General Assembly sent House Bill (HB) 170 to Gov. Mike DeWine for his approval. The bill would provide state appropriation authority for schools to receive the funding provided by Congress through the Elementary and Secondary School Emergency Relief Fund (ESSER) in response to the COVID-19 pandemic; require the Ohio Department of Education (ODE) to receive approval from the Controlling Board before spending ODE’s allocated funds from the Governor’s Emergency Education Relief and ESSER funds; prohibit ODE from spending department-allocated funds from the American Rescue Plan (ARP); and permit the state auditor to audit ODE and school districts on the funding appropriated by the bill, the CARES Act and the Consolidated Appropriations Act of 2020. The bill was amended in the Senate Finance Committee earlier in the week to remove funding that already had been allocated through the controlling board. OSBA, the Ohio Association of School Business Officials (OASBO), and the Buckeye Association of School Administrators (BASA) provided proponent testimony. Click here to read the testimony.

House activity
The House passed HB 123 by a vote of 57-36. The bill would modify community reinvestment areas (CRAs) by increasing school districts’ approval for an exemption from 50% to 75%; establish a revenue-sharing agreement for income over $3 million and annually index the amount to inflation; and allow limited home rule townships to use CRAs. The bill was amended on the floor with a technical correction. The bill now moves to the Senate.

The House passed HB 157 by a vote of 63-31. The bill would sunset on Dec. 31, 2021, a provision of law that modifies municipal income tax employer withholding rules for COVID-19-related work-from-home employees and prohibit a municipal corporation from assessing taxes, penalties or interest against an employer for the employer’s failure to properly withhold tax from an employee’s wages. Additionally, beginning on Jan. 1, 2021, the temporary rule only applies to tax withholding obligations and not to an employee’s tax liability. The bill now moves to the Senate.

Senate Primary and Secondary Education Committee
The committee amended Senate Bill (SB) 145, which would revise the state report card. The amendment adds a student opportunity profile to the report card as a reported-only measure. OSBA, OASBO, BASA, the Ohio Association of Elementary School Administrators and the Ohio Association of Secondary School Administrators provided interested-party testimony. Click here to read the testimony.

The committee held a third hearing on SB 165, which would establish a process for the Lorain City School District to be relieved from oversight of its academic distress commission. The bill would require the school board to develop a three-year improvement plan that requires State Board of Education approval. Additionally, the legislation would require the Ohio Auditor of State’s Office to complete a performance audit. OSBA, OASBO and BASA provided proponent testimony. Click here to read the testimony.

The committee amended SB 166, sponsored by Sen. Bill Reineke (R-Tiffin), which would establish the student pathways for career success grant program and require the state of Ohio to create a program that establishes financial incentives for Ohio businesses to provide work-based learning experiences for students enrolled in career-technical education programs. The bill would permit career-technical schools to use remote or digital learning. Additionally, the legislation would require joint vocational school districts to be included in revenue-sharing agreements from a community reinvestment area agreement. The amendment includes construction in the mentorship program and clarifies that a driver education course can be completed by any agency the district contracts with.

The committee held sponsor testimony on SB 181, sponsored by Sen. Theresa Gavarone (R-Bowling Green), which would establish restrictions on policies that prevent students from wearing religious apparel when competing or participating in interscholastic athletics or extracurricular activities; permit certain officials to limit the wearing of religious apparel if a legitimate danger to participants is identified but requires an administrator or official to offer all reasonable accommodations; and provide civil immunity for schools and school districts, among others.

The committee held sponsor testimony on SB 155, sponsored by Sen. Tina Maharath (D-Columbus), which would prohibit the use of seclusion in public schools.

House Primary and Secondary Education Committee
The committee passed HB 105, which would require public schools to provide age-appropriate instruction in child sexual abuse and sexual violence prevention and require in-service staff training in child sexual abuse prevention.

The committee passed HB 82, which would create an opt-out for 11th-grade students as it pertains to the ACT or SAT.

The committee held sponsor testimony on HB 316, sponsored by Reps. Dontavius L. Jarrells (D-Columbus) and Brett Hudson Hillyer (R-Uhrichsville), which would allow school districts to implement the Supplemental School Year Program that provides high school students who were enrolled in public and chartered nonpublic schools in the 2020-21 school year the opportunity to retake or supplement the grades or courses they completed during that school year due to the COVID-19 pandemic and would require the school to petition the Ohio High School Athletic Association for up to two additional semesters of eligibility for students participating in the program.

Senate Select Committee on Gaming Committee
The committee held a third hearing on SB 176, which would legalize, regulate and tax sports gaming; prohibit betting on any sport or athletic event for primary or secondary school students; and require that 98% of profits be used for K-12 education.

Senate Workforce and Higher Education Committee
The committee held a fourth hearing on SB 135, which would require school districts to include in career advising policies information on career fields with an associate’s degree and certificates; provide information on the Reserve Officers’ Training Corps; and require school districts to adopt a policy on free speech that includes a process for a student or teacher to file a complaint due to a violation of the policy.

The committee held a second hearing on SB 131, sponsored by Sens. Kristina D. Roegner (R-Hudson) and Rob McColley (R-Napoleon), which would require an occupational licensing authority to issue a license or government certification to an applicant who holds a license, government certification or private certification or has satisfactory work experience in another state under certain circumstances.

Senate Energy and Public Utilities Committee
The committee accepted a substitute version of SB 52, which would create processes for voters that may approve or reject the placement of certain wind and solar farms and create a referendum vote on certain wind farm and solar facility certificates. The substitute bill makes significant changes to the bill pertaining to the developer process to bring a project, expands the governing ability of county commissioners and creates a process through the Ohio Power Siting Board to decide controversial applications.

Senate Health Committee
The committee held a second hearing on HB 252, sponsored by Reps. Andrea White (R-Kettering) and Phil Plummer (R-Dayton), which would enter Ohio into the Audiology and Speech-Language Pathology Interstate Compact that increases public access to audiology and speech-language pathology services by mutually recognizing other member state licenses. The legislation would allow for telehealth services if allowable under other state’s licenses.

The committee held a third hearing on SB 100, which would appropriate $70,000 in grants to each ESC to assist with hiring a licensed independent social worker and authorize a mental health professional to provide a crisis assessment to a suicidal minor without parental consent.

The committee held sponsor testimony on HB 176, sponsored by Reps. Rick Carfagna (R-Genoa Township) and Thomas Hall (R-Madison Township), which would revise the law governing the practice of athletic training by requiring an athletic trainer to practice under a collaboration agreement with a physician or podiatrist. The legislation would allow athletic trainers who have preexisting arrangements with chiropractors to continue these arrangements.

The committee accepted a substitute version of SB 169, sponsored by Sen. Andrew O. Brenner (R-Powell), which would prohibit mandatory vaccinations against COVID-19 and would prohibit requiring proof of vaccination of COVID-19. The substitute bill adds language that prohibits discrimination based on a person’s vaccinated status.

House Health Committee
The committee held a second hearing on HB 248, sponsored by Rep. Jennifer Gross (R-West Chester), which would require school districts to disclose available exemptions when disclosing required vaccinations.

The committee amended HB 281, sponsored by Reps. Dontavius L. Jarrells (D-Columbus) and Tom Young (R-Washington Township), which would change terminology in the Ohio Revised Code as it pertains to people with mental illnesses and disabilities. The amendment is a technical correction.

United States Department of Education
The United States Department of Education provided a document of FAQs addressing how funding under the ESSER Fund, including the ARP ESSER program, and the Governor’s Emergency Education Relief Fund may be used in response to the impact of the COVID-19 pandemic on students in K-12 education. Click here for the FAQ.

Posted by Nicole Piscitani on 5/28/2021