OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 170 Final Analysis
134th General Assembly
Click here for H.B. 170’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Reps. Bird and Richardson
Effective date: June 2, 2021; Section 733.20, authorizing audits, effective September 1, 2021
Effective Date:
Carol Napp, Research Analyst
SUMMARY
 Makes appropriations to assist schools and other entities in response to the COVID-19
pandemic.
 Requires the Department of Education to obtain Controlling Board approval prior to
spending certain funds appropriated to it and certain other funds the Department
receives from the federal CARES Act, the federal Consolidated Appropriations Act, 2021,
and the federal American Rescue Plan Act of 2021.
 Permits the Auditor of State to audit spending by the Department and each school
district of the amounts appropriated for FY 2021 and any other federal funds received
by the Department under the federal CARES Act, the federal Consolidated
Appropriations Act, 2021, and the federal American Rescue Plan Act of 2021.
DETAILED ANALYSIS
Department of Education appropriations
The act appropriates $154.9 million of federal funds for Emergency Assistance to Non-
Public Schools, and $632,361,238 for Federal Coronavirus School Relief.1
Controlling Board approval
The act makes certain spending by the Department subject to Controlling Board
approval, as follows:2
1 Section 213.10.
2 Section 213.10(A) and (B).
June 11, 2021
Office of Research and Drafting LSC Legislative Budget Office
Department spending subject to
Funding source
Controlling Board approval
Funds appropriated by the act for Emergency All spending
Assistance for Non-Public Schools
Any other federal funds received by the All spending
Department from the Emergency Assistance to
Non-Public Schools Program under the federal
Coronavirus Aid, Relief, and Economic Security
(CARES) Act, the federal Consolidated
Appropriations Act, 2021, and the federal
American Rescue Plan Act of 2021
Funds appropriated by the act for Federal Spending for “emergency needs determined by
Coronavirus School Relief from the federal the Department” (see below)
Consolidated Appropriations Act, 2021 and any
other federal funds received by the Department
from the federal Elementary and Secondary
School Emergency Relief Fund under that federal
act
Funds appropriated by the act for Federal Spending in accordance with that act for
Coronavirus School Relief from the federal (1) activities to address learning loss by
American Rescue Plan Act of 2021 and any other supporting the implementation of evidence-
federal funds received by the Department from based interventions, (2) implementation of
the federal Elementary and Secondary School evidence-based summer enrichment programs,
Emergency Relief Fund under that act and (3) implementation of evidence-based
comprehensive afterschool programs3
Spending for “emergency needs determined by the Department” is one of the
permissive uses of the federal Elementary and Secondary School Emergency Relief Fund. The
federal Consolidated Appropriations Act, 2021 permits a state to reserve up to 10% of its
funding from that fund for two purposes: (1) administrative costs, which may not exceed 0.5%
of the allocation, and (2) emergency needs determined by the Department to address issues
responding to coronavirus, “which may be addressed through the use of grants or contracts.”4
Audit of Department and school district spending
The act expressly permits the Auditor of State to audit spending by the Department of
Education and each school district of the amounts appropriated by the act for FY 2021 and any
3 Title II, Sec. 2001(f)(1) to (3) of the federal American Rescue Plan Act of 2021, Pub. L. No. 117-2.
4 Title III, Sec. 313(e) of the federal Consolidated Appropriations Act, 2021, Pub. L. No. 116-260.
P a g e |2 H.B. 170
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
other federal funds received by the Department under the federal CARES Act, the federal
Consolidated Appropriations Act, 2021, and the federal American Rescue Plan Act of 2021.5
Appropriations to other agencies
The act appropriates $173 million of federal funds for FY 2021 to the Department of
Health for Public Health Emergency Response.6
It also appropriates $7 million of dedicated funds for FY 2021 to the Adjutant General
for coronavirus relief.7
Reappropriations
The act reappropriates for FY 2022 and FY 2023 the unexpended, unencumbered
amounts from the funds appropriated to the Department of Education and the Department of
Health at the end of FY 2021 and FY 2022 for the same purposes for FY 2022 and FY 2023,
respectively.8
HISTORY
Action Date
Introduced 03-02-21
Reported, H. Primary & Secondary Education 03-17-21
Re-referred, H. Rules & Reference 03-23-21
Reported, H. Finance 04-15-21
Passed House (91-0) 04-15-21
Reported, S. Finance 05-26-21
Passed Senate (32-0) 05-26-21
House concurred in Senate amendments (93-0) 05-26-21
21-HB170-134/ks
5 Section 733.20.
6 Section 214.10.
7 Section 203.10.
8 Section 503.10.
P a g e |3 H.B. 170
As Passed by the General Assembly