OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 164 Bill Analysis
133rd General Assembly
Click here for H.B. 164’s Fiscal Note
Version: As Passed by the House
Primary Sponsor: Rep. Ginter
Effective Date:
Mitchell Smith, Research Associate
SUMMARY
 Requires public schools to give students who wish to meet for the purpose of religious
expression the same access to school facilities given to secular student groups, without
regard to the content of the expression.
 Removes a current provision that permits a school district to limit the exercise or
expression of religion to lunch periods or other noninstructional time periods.
 Authorizes students enrolled in public schools to engage in religious expression before,
during, and after school hours in the same manner and to the same extent that a
student may engage in secular activities or expression before, during, and after school
hours.
 Prohibits public schools from restricting a student from engaging in religious expression
in the completion of homework, artwork, or other assignments.
 Prohibits public schools from rewarding or penalizing a student based on the religious
content of the student’s homework, artwork, or other assignments.
 Designates the bill’s provisions regarding religious expression as the “Ohio Student
Religious Liberties Act of 2019.”
DETAILED ANALYSIS
Access to school facilities by religious student groups
The bill requires a public school (school district, community school, STEM school, and
college-preparatory boarding school) to give students who wish to conduct a meeting for the
November 18, 2019
Office of Research and Drafting LSC Legislative Budget Office
purpose of engaging in religious expression the same access to school facilities as student
secular groups, without regard to the content of a student’s or group’s expression.1
Religious expression at school
Current law prohibits a school district board of education from adopting any policy or
rule respecting or promoting an establishment of religion or prohibiting any student from the
exercise or expression of the student’s religious beliefs. The bill removes a provision of that law
permitting a school district to limit the exercise or expression of a student’s religious beliefs to
lunch period or other noninstructional time periods when students are free to associate. 2
The bill also enacts a separate new provision stating that a student enrolled in any
public school may engage in religious expression “before, during, and after school hours in the
same manner and to the same extent that a student is permitted to engage in secular activities
or expression before, during, and after school hours.”3
The bill further prohibits public schools from restricting a student from engaging in
religious expression in the completion of homework, artwork, or other written or oral
assignments. Grades and scores for those assignments must be calculated using ordinary
academic standards of substance and relevance, including any legitimate pedagogical concerns.
Moreover, it expressly prohibits public schools from penalizing or rewarding a student based on
the religious content of the student’s work.4
For purposes of its provisions, the bill defines “religious expression” as including any of
the following:
1. Prayer;
2. Religious gatherings, including, but not limited to, prayer groups, religious clubs, “see
you at the pole” gatherings, or other religious gatherings;
3. Distribution of written materials or literature of a religious nature;
4. Any other activity of a religious nature, including wearing symbolic clothing or
expression of a religious viewpoint, provided that the activity is not obscene, vulgar,
offensively lewd, or indecent.5
1 R.C. 3320.02(B). See also R.C. 3314.03, 3326.11, and 3328.24 for conforming changes.
2 R.C. 3313.601.
3 R.C. 3320.02(A).
4 R.C. 3320.03.
5 R.C. 3320.01(B).
P a g e |2 H.B. 164
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Title
The bill states that its substantive provisions regarding access and religious expression
are to be collectively known as the “Ohio Student Religious Liberties Act of 2019.”6
Intent statement
The bill states that the bill is not intended nor shall it be construed to limit or abrogate
religious expression of students already guaranteed under the Ohio Constitution and the United
States Constitution.7
Background on current statutory law
Current statutory law expressly permits a district board of education to “provide for a
moment of silence each school day for prayer, reflection, or meditation upon a moral,
philosophical, or patriotic theme.” However, no student may be required to participate in the
moment of silence.
That law also specifies that a district board may not prohibit a classroom teacher from
providing in the classroom reasonable periods of time for activities of a moral, philosophical, or
patriotic theme. Similarly, no student may be required to participate in the activities, if the
activities are contrary to the religious convictions of the student or the student’s parents or
guardians.8
Neither of these provisions applies to community schools, STEM schools, or college-
preparatory boarding schools.
HISTORY
Action Date
Introduced 03-25-19
Reported, H. Primary & Secondary Education 06-27-19
Passed House (61-31) 11-13-19
H0164-PH-133/ks
6 R.C. 3320.01(A).
7 Section 4.
8 R.C. 3313.601.
P a g e |3 H.B. 164
As Passed by the House


Statutes affected:
As Introduced: 3313.601, 3314.03, 3326.11, 3328.24
As Reported By House Committee: 3313.601, 3314.03, 3326.11, 3328.24
As Passed By House: 3313.601, 3314.03, 3326.11, 3328.24