OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 104 Bill Analysis
135th General Assembly
Click here for S.B. 104’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Sens. Cirino and Brenner
Effective date:
Holly Gilman, Attorney
SUMMARY
College Credit Plus Program
Revises the operations of the College Credit Plus Program.
Single-sex facilities and accommodations
Requires public and chartered nonpublic schools, educational service centers (ESCs), and
institutions of higher education to designate specified facilities for the exclusive use of
students of either the male biological sex or the female biological sex.
Prohibits schools and ESCs from permitting members of the female biological sex to use
a student restroom, locker room, changing room, or shower room that is designated for
the male biological sex and vice versa.
Prohibits institutions of higher education from knowingly permitting members of the
female biological sex to use a student restroom, locker room, changing room, or shower
room that is designated for the male biological sex and vice versa.
Prohibits schools and ESCs from permitting members of the female biological sex to
share overnight accommodations with members of the male biological sex.
Entitles this portion of the bill the “Protect All Students Act.”
DETAILED ANALYSIS
College Credit Plus Program
The bill revises the operations of the College Credit Plus (CCP) Program, including
regarding requirements for students, public and chartered nonpublic schools, public and private
colleges, and the Chancellor of Higher Education and the Department of Education and
Workforce.
July 2, 2024
Office of Research and Drafting LSC Legislative Budget Office
CCP allows students in grades 7-12 who are enrolled in public or nonpublic high schools
or who are home-instructed to enroll in nonsectarian college courses to receive high school and
college credit. CCP courses may be taken at any state institution of higher education or
participating private institution of higher education.1
Student application deadline
The bill adds the option for a student or a student’s parent to inform the student’s
school of the student’s intent to participate in CCP in the next semester by November 1
preceding that semester. Current law requires a student or parent to notify the school by
April 1 of the intent to participate in the next school year. The bill clarifies that a student or
parent who provides notification by April 1 may be approved to participate in the program for
the next full school year, while those who provide notification by November 1 may be approved
to participate in the program for the next semester or term only. The deadlines also apply for a
student attending a chartered or nonchartered nonpublic secondary school or who is home-
instructed.2
School and college requirements
CCP forms
The bill requires a public or chartered nonpublic school to use CCP forms developed by
the Chancellor and the Department. Furthermore, it prohibits the schools from modifying those
forms without prior approval from the Chancellor and the Department.3
Orientation
The bill requires each state and participating private institution of higher education to
provide CCP students with a mandatory orientation that meets guidelines issued by the
Chancellor and the Department. The Chancellor and the Department must make those
guidelines as concise as is practicable.4
State requirements
Alternative instructor credentialing
The bill requires the Chancellor to establish an alternative credentialing process to
certify instructors with relevant teaching experience as CCP instructors. The Chancellor must
establish the alternative credentialing process within six months of the bill’s effective date.
Current law already requires the Chancellor to establish credential requirements to teach under
CCP. Generally, according to the Department of Higher Education’s website, accessible
1 See R.C. Chapter 3365.
2 R.C. 3365.03(A).
3 R.C. 3365.04(H).
4 R.C. 3365.05(I).
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As Passed by the House
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at: www.highered.ohio.gov, in general a teacher must have a master’s degree or a master’s plus
18 graduate semester hours in a discipline to teach a CCP course.5
Monitoring and compliance
The bill requires the Chancellor, in consultation with the Department, to ensure full
engagement and participation in CCP by public colleges and public secondary schools, such as
by publicly displaying program participation data by college and secondary schools. 6
Auditor of State report
The bill requires the Chancellor and the Department to collect data relative to the actual
cost of CCP programming and submit it to the Auditor of State. The Auditor of State must
review and audit that data, and submit a one-time report to the General Assembly about the
findings of that review and audit.7
State report card
The bill requires the Department to include on the state report card report-only,
nonrated data about whether a public school provides information about and promotes CCP as
required under continuing law. That must be notated with a “yes” or “no.”8
Annual Report
The bill requires the Chancellor and Department to submit jointly an annual report on
the outcomes of CCP by December 31 of each year. Current law requires the annual report to
be submitted through December 2023, rather than an ongoing annual basis. Continuing law
requires the report to be supported by empirical evidence and be submitted to the Governor,
the President of the Senate, the Speaker of the House of Representatives, and the chairpersons
of the Senate and House Education committees.9
Single-sex facilities and accommodations
The bill requires school districts, community schools, STEM schools, chartered nonpublic
schools, educational service centers (ESCs) and institutions of higher education to designate
certain facilities for single-sex use. Under the bill, an “institution of higher education” is a state
university, a state university branch campus, a community, state community, or technical
college, a private nonprofit college or university, or a private for-profit career college or school.
Specifically, each student restroom, locker room, changing room, or shower room that is
accessible by multiple students at the same time must be designated for the exclusive use of
5 R.C. 3365.11(B). See also Teacher Credentialing for College Credit Plus, accessible at:
www.highered.ohio.gov.
6 R.C. 3365.14(A).
7 R.C. 3365.14(B).
8 R.C. 3302.03(D)(2)(k).
9 R.C. 3365.15(C).
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As Passed by the House
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students of either the male biological sex or the female biological sex. For a district, school, or
ESC, that provision applies to such rooms whether they are located in a school building or a
facility for a school-sponsored activity. Institutions of higher education are specifically required
to use clear signage to make such designations.
The bill prohibits districts, schools, and ESCs from permitting members of the female
biological sex to use a student restroom, locker room, changing room, or shower room that is
designated for the male biological sex and vice versa. Institutions of higher education are
prohibited from doing so knowingly. Additionally, districts, schools, and ESCs are prohibited
from permitting members of the female biological sex to share overnight accommodations with
members of the male biological sex and vice versa.
Under the bill, “biological sex” is “the biological indication of male and female, including
sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and
external genitalia present at birth, without regard to an individual’s psychological, chosen, or
subjective experience of gender.” The bill permits a person to use the sex listed on the person’s
official birth record to prove biological sex if the record was issued at or near the time of the
person’s birth.
The bill also prohibits districts, schools, ESCs, and institutions of higher education from
constructing, establishing, or maintaining a multi-occupancy facility that is designated as
nongendered, multigendered, or open to all genders. Family facilities are exempt from this
prohibition. Under the bill, a “multi-occupancy facility” is a restroom, locker room, changing
room, or shower room that is accessible to multiple individuals at the same time, but does not
include a family facility. A “family facility” under the bill is a family restroom or shower room
that does not have more than one toilet or shower.
The bill’s prohibitions do not prevent a district, school, or ESC from establishing policies
to provide accommodations upon student request due to special circumstances.
Accommodations may include permitting students to use single-occupancy facilities or
controlled use of faculty facilities. The bill’s prohibitions also do not prohibit an institution of
higher education from establishing and enforcing a policy on the use of a multi-occupancy
facility. The bill requires any policy adopted by an institution in accordance with the bill to
provide an option for alternative accommodations, including the use of single-occupancy
facilities or faculty facilities.
Finally, the bill states that its prohibitions do not apply to:
A child under the age of ten who is being assisted by a parent, guardian, or family
member and the parent, guardian, or family member who is assisting the child;
A person with a disability who is being assisted by another person and the person who is
providing assistance;
A school or institution employee whose job duties require the employee to enter a
restroom, locker room, changing room, or shower room designated for a biological sex
that is different from the employee’s biological sex; or
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As Passed by the House
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A person who enters a restroom, locker room, changing room, or shower room
reasonably believing that the person is responding to a legitimate emergency.10
HISTORY
Action Date
Introduced 04-05-23
Reported, S. Workforce & Higher Education 02-28-24
Passed Senate (31-0) 02-28-24
Reported, H. Higher Education 06-25-24
Passed House (60-31) 06-26-24
ANSB0104PH-135/ar
10 R.C. 3319.90 and 3345.90; see conforming changes in R.C. 3314.03(A)(11)(d) and 3326.11. See also
R.C. 3345.19, not in the bill.
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As Passed by the House
Statutes affected: As Introduced: 3302.03, 3365.03, 3365.04, 3365.05, 3365.07, 3365.071, 3365.11
As Reported By Senate Committee: 3302.03, 3365.03, 3365.04, 3365.05, 3365.11, 3365.15
As Passed By Senate: 3302.03, 3365.03, 3365.04, 3365.05, 3365.11, 3365.15
As Reported By House Committee: 3302.03, 3365.03, 3365.04, 3365.05, 3365.11, 3365.15
As Passed By House: 3302.03, 3314.03, 3326.11, 3365.03, 3365.04, 3365.05, 3365.11, 3365.15