by Nicole Piscitani • Aug. 8, 2025
The biennial budget is legislation that allocates state dollars over a two-year fiscal period. However, the biennial budget always includes policy changes, and House Bill (HB) 96 is not an exception. Several policy changes require that school boards adopt policies on a variety of issues.
Cellphone policy
School boards may need to update their cellphone policies based on changes passed in HB 96. School boards previously adopted policies that fit their local communities’ views on using cellphones during the school day. Schools could either adopt an Ohio Department of Education and Workforce (ODEW) model policy or develop a policy that limited cellphone use based on local decisions. HB 96 now requires that schools adopt a policy by Jan. 1, 2026, that prohibits the use of cellphones by students during the instructional day. The bill does not explicitly define instructional day. There are two exceptions to the prohibition. A student is permitted to use a cellphone as part of their learning based on an individualized education program and Section 504 plans. They also may use a cellphone to monitor or address a health concern with a written statement from the student’s doctor.
In addition, schools must include in their comprehensive emergency management plans a protocol that addresses student use of cellphones during an active threat or emergency. The comprehensive emergency management plan can suspend the cellphone policy but it does not require it. Lastly, the bill eliminates the ODEW model policy.
Artificial intelligence (AI)
A school board will now be required to have an artificial intelligence policy. The policy adopted must address the use of AI by students and staff for educational purposes. The school board must adopt the policy by July 1, 2026. Additionally, ODEW must adopt a model policy by Dec. 31, 2025. Schools have the flexibility to adopt the ODEW model policy or create a local policy. HB 96 also permits ODEW to collect data from districts and schools on their use of AI.
Interdistrict open enrollment
HB 96 makes two changes to Ohio’s interdistrict open enrollment laws. The first provision makes additional changes to a law passed in the 135th General Assembly. That law required school districts to include an exception in their interdistrict open enrollment policies for students whose parents are active-duty members of the U.S. Armed Forces, allowing the students to enroll in a school district even if the district's policies normally do not permit interdistrict open enrollment. All school districts must accept these students and can’t charge tuition. School districts, as part of their open enrollment polices, have application deadlines. HB 96 requires that school districts exempt from those deadlines a student whose parent is an active-duty member of the U.S. Armed Forces stationed in Ohio.
The second provision eliminates a law that permitted a school district to adopt a resolution that discourages or prohibits its native students from applying to enroll in an adjacent or other district if that district is receiving federal Impact Aid and has at least 10% of its students included in the aid calculation. These two provisions become effective Sept. 30, 2025.
Religious instruction release time
The General Assembly made additional changes to the religious instruction release time (RIRT) laws in Ohio by requiring a school district to permit students to attend a released time course in religious instruction for at least one period per week. Additionally, the legislature placed limits on how many periods an elementary student would be permitted to attend by capping the periods to no more than two periods per week. The legislature made a similar limit for high school students by limiting it to no more than two units of high school credit per week.
Lastly, the General Assembly inserted in the Ohio Revised Code (RC) a requirement that school districts permit students to bring external educational and program materials into school. This newly inserted RC provision was already in effect due to previous attorney general (AG) opinions. This provision harmonizes the AG opinion and RC. These provisions will go into effect Sept. 30, 2025.