After several weeks of discussing new decisions from the Supreme Court of the United States, the focus of the Legal Ledger blog has turned to Ohio’s budget bill – HB 96 (see Legal Ledger Sidebar — July 7/16/2025). The bill was signed into law, with vetoes, by Gov. Mike DeWine on June 30. There has been a lot of discussion of the fiscal aspects of the bill as they affect public school districts, but there are some other items of note affecting schools.
Artificial Intelligence (AI) policy required
HB 96 enacts Ohio Revised Code (RC) 3301.24, which requires the Ohio Department of Education and Workforce (ODEW) to develop a model policy on the use of AI in schools by Dec. 31, 2025. The model will address the use of AI by students and staff for educational purposes. The new law also requires all districts to adopt an AI-use policy by July 1, 2026. Districts may, but, but are not required to, adopt the ODEW model policy (page 923).
Definition of “records” for the purpose of public records law amended
While we’re talking about AI, HB 96 amended the definition of “records” for purposes of the public records law to exclude some records generated by AI. Currently, RC 149.011(G) defines records to include any document, device or item, regardless of physical form or characteristics, that is created or received by or under the jurisdiction of any public office and serves to document the organization, function, policies, decisions, procedures, operations, or other activities of the office.
HB 96 amends the definition to exclude any “personal notes or any document, device, or item, regardless of physical form or whether an assistive device or application was used, of a public official, or of the official’s attorney, employee, or agent, that is used, maintained, and accessed solely by the individual who creates it or causes its creation.” The inclusion of “assistive devices or applications” appears to exclude notes and other records created using any AI apps, if they meet the rest of the definition (page 318).
Religious released time
HB 96 amended RC 3313.6022, which requires districts to have a policy on released time for religious instruction (RTRI) conducted by a private entity off school district property. The amendment requires that the policy authorizes students to be excused from school to attend RTRI for at least one period per week. The policy also cannot authorize released time for more than two periods in any week for elementary or middle school students. For high school students, the policy cannot exceed the amount of time that is equivalent to attending two units of high school credit each week. In addition, the policy cannot prohibit students from “bringing external educational and program materials into school” (pages 1013-14).
Cell phone policy
RC 3313.753, which requires boards of education to adopt policies prohibiting students from carrying electronic devices, has also been amended. Under the amended law, before Jan. 1, 2026, districts must adopt a policy prohibiting the use of cellular phones during the instructional day. There are four exceptions: (1) if the board determines it is appropriate, or a student’s individualized education program (IEP) or Sec. 504 plan includes it, a student may use a cell phone or other communication device for learning; (2) if the board determines it to be appropriate, or the student’s IEP or Sec. 504 plan includes it, a student may use a cell phone or other communication device to monitor or address a health concern; (3) If a student’s physician sends a written statement that the student is required to use a cell phone or other communication device to monitor or address a health concern, the board shall allow the use; and (4) the district can allow the use of cell phones if permitted under the building’s comprehensive emergency management plan (pages 1036-1037).
Competitive bidding
Also amended is RC 3313.46, which formerly required that boards competitively bid any contract “to build, repair, enlarge, improve, or demolish any school building.” The amended law will require competitive bidding if a board plans to “build, repair, enlarge, improve, or demolish any building or other property,” expanding the requirements for competitive bidding (page 991). The 2025 threshold for competitive bidding is $77,250. Ohio law provides that the threshold is adjusted annually.
Effective date
According to the Legislative Service Commission (LSC), the provisions discussed in this blog post will become effective on Sept. 30, 2025. LSC is adding the budget bill amendments to the Ohio Revised Code but, because it has not completed that work, this post includes links to the current law, the amendments that will be effective on Sept. 30 (where they have been updated in the Code), and HB 96 (with page numbers where the relevant changes can be found).
OSBA will continue to provide information about these and other provisions of the budget bill over the next few months. The legal division is available to answer general questions and provide resources at (855) OSBA-LAW or (855) 672-2529. Districts with specific questions about how these requirements apply to them should contact their board’s legal counsel.