OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 206* Bill Analysis
135th General Assembly
Click here for H.B. 206’s Fiscal Note
Version: As Reported by Senate Education
Primary Sponsors: Reps. Click and Robb Blasdel
Effective date:
Mariah M. Parr, Attorney
SUMMARY
Expulsion policies
▪ Permits a school district, community school, or STEM school to establish a policy that
authorizes the district superintendent, or equivalent administrator, to expel a student for
not more than 180 school days for actions that pose “imminent and severe
endangerment” to the health and safety of other students or school employees.
▪ Requires the superintendent to develop conditions for a student expelled for imminent
and severe endangerment to satisfy before that student may be reinstated, one of which
must be an assessment by a psychiatrist, licensed psychologist, or licensed school
psychologist to determine whether the student poses a danger.
▪ Requires a copy of the conditions for reinstatement to be provided in writing at the
beginning of the expulsion period to the district or school board, the student, and the
student’s parent, guardian, or custodian.
▪ Requires the superintendent to assess the student at the end of the expulsion period to
determine whether the student has shown “sufficient rehabilitation” to be reinstated and
permits the superintendent to extend the expulsion for another period not to exceed
90 school days, subject to further reassessment and extensions.
▪ Requires that cost of the assessment, if done by a psychiatrist, psychologist, or school
psychologist employed or contracted by the district or school, be paid by the district or
school.
▪ Requires that cost of the assessment, if done by a psychiatrist, psychologist, or school
psychologist who is not employed or contracted by the district or school, be referred for
* This analysis was prepared before the report of the Senate Education Committee appeared in the Senate
Journal. Note that the legislative history may be incomplete.
December 18, 2024
Office of Research and Drafting LSC Legislative Budget Office
payment to the student’s health insurance, with the remainder paid by the district or
school.
▪ Permits a superintendent to develop contingent conditions for a student’s reinstatement
and to revoke a student’s reinstatement if those conditions are not met.
▪ Expressly makes all determinations by a superintendent regarding an expulsion for
imminent and severe endangerment subject to the same notification requirements and
appeals process as other types of expulsions under current law.
▪ Requires the superintendent to develop a plan for the continued education of a student
during the expulsion period within 15 school days after the beginning of the expulsion
period for a student who does not have an individualized education program (IEP), or
within ten school days for a student who does have an IEP.
▪ Requires the district or school to specify reasons for which the expulsion period may be
reduced and establish guidelines regarding appropriate conditions for an expelled
student to satisfy prior to reinstatement.
▪ Requires the superintendent to develop a list of alternative educational options for those
expelled in accordance with the bill.
▪ Requires district boards to provide the Department of Education and Workforce (DEW)
records of each expulsion made under a policy adopted under the bill and any changes to
a pupil’s expulsion status in a manner that complies with Ohio law regarding the
confidentiality of student information.
▪ Permits a district or school to which a student with an expulsion record under a policy
adopted under the bill transfers to request the student’s expulsion record from the
student’s former school or from DEW and requires the former school or DEW to provide
the requested records.
▪ Prohibits a school district or school from withholding records related to a student’s
expulsion due to outstanding debt attributed to the student.
▪ Requires public schools to include specified demographic data on expelled students and
information on those expulsions in the expulsion records submitted to the Department
of Education and Workforce under the bill.
School choice program administration funding
▪ Increases the appropriation authority for school choice program administration in fiscal
year 2025 from up to $4 million to up to $8.14 million.
Community school automatic closure exemptions
▪ Exempts from closure requirements for the 2024-2025 school year any community school
that meets established closure criteria but, for any of the 2022-2023, 2023-2024, or
2024-2025 school years, receives a performance index score on its report card within five
points below the score required to receive two stars on its achievement rating.
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▪ Requires an exempted community school to close if it continues to meet the closure
criteria in the 2025-2026 school year or if it meets the similar specified criteria in the
2026-2027 school year.
Storage and use of drugs used to treat seizures
▪ Permits a public or chartered nonpublic school to store a drug prescribed to a student for
a seizure disorder in an easily accessible location.
▪ Permits a student who is prescribed a drug to prevent the onset of a seizure or alleviate
seizure symptoms to possess the drug if the school principal or school nurse receives
written approval from the student’s physician and, if the student is a minor, from the
student’s parent or guardian.
▪ Permits an authorized school employee, contractor, or volunteer to administer a drug
prescribed to a student to prevent the onset of a seizure or alleviate seizure symptoms if
the individual receives a copy of the written approval from the student’s physician or
training.
DETAILED ANALYSIS
Expulsion of a student for imminent and severe endangerment
The bill permits the board of education of a school district, the governing authority of a
community school, or the governing body of a STEM school to adopt a resolution establishing a
policy that authorizes the district superintendent, or equivalent of a community or STEM school,
to expel a student from school for not more than 180 school days for actions that the
superintendent determines pose “imminent and severe endangerment” to the health and safety
of other students or school employees.1 The bill specifically states that such an expulsion may be
sought even if the student’s actions do not qualify for permanent exclusion from the Ohio public
school system by the Director of Education and Workforce.
The bill defines “imminent and severe endangerment” to include all of the following:2
1. Bringing a firearm or a knife capable of causing serious bodily injury to school, a property
owned or controlled by the school board, or to an interscholastic competition,
extracurricular event, or other program or activity sponsored by the school district or in
which the district is a participant;
2. Committing an act that is a criminal offense when committed by an adult and that results
in serious physical harm to persons or property while at any of the above locations;
3. Making a bomb threat to a school building or to any premises at which a school activity is
occurring at the time of the threat; or
1
R.C. 3313.66(B)(6) and 3313.661. R.C. 3313.66 and 3313.661 are applicable to community schools by
reference in R.C. 3314.03 and to STEM schools by reference in R.C. 3326.11, neither in the bill.
2 R.C. 3313.66(K)(4).
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4. Making an articulated or verbalized threat, including a hit list, threatening manifesto, or
social media post, that would lead a reasonable person to conclude that the student poses
a serious threat.
If the superintendent expels a student under the bill, the superintendent is required to
develop conditions for the student to satisfy before that student may be reinstated. A copy of
the conditions must be provided in writing at the beginning of the expulsion period to the
district’s or school’s board, the student, and the student’s parent.3 The district’s or school’s board
is required to establish guidelines for appropriate conditions (see “Duties of the board”
below).4
Additionally, the bill specifically requires that one of the conditions for reinstatement
must be an assessment to determine whether the student poses a danger to the student’s self,
other students, or school employees. The assessment must be completed by a psychiatrist,
licensed psychologist, or licensed school psychologist, who is agreed upon by both the district
superintendent and the student’s parent. (For the purposes of this analysis, the term “parent”
means the student’s parent, guardian, or custodian.)
Under the bill, a psychiatrist must be a licensed physician who meets specified
requirements regarding training in psychiatry. The bill permits a psychiatrist, licensed
psychologist, or licensed school psychologist to include recommendations for contingent
conditions on a student’s reinstatement in the assessment (see “Contingent conditions for
reinstatement” below).5
The bill permits a school district that adopts an expulsion policy under the bill to subject
the reinstatement of a student who is expelled for bringing a firearm to school to the
reinstatement process under that policy. In alignment with federal law, Ohio generally requires
school superintendents to expel a student for one year for bringing a firearm to school.6
Assessment of an expelled student
At the end of the expulsion period, the superintendent must assess the student to
determine whether the student has shown “sufficient rehabilitation” to be reinstated.7 The bill
defines “sufficient rehabilitation” to mean that a student has met all conditions for reinstatement
set by the superintendent and has been determined by the superintendent to no longer pose a
danger to the student’s self, other students, or other school employees.8
If the student has not shown sufficient rehabilitation, the superintendent may extend the
expulsion for another period of not longer than 90 school days.9 When making a determination
3
R.C. 3313.66(B)(6).
4
R.C. 3313.661(E)(1).
5 R.C. 3313.66(B)(6); see also R.C. 5122.01, not in the bill.
6 R.C. 3313.66(B)(2)(a); see also the federal Gun-Free Schools Act, 20 United States Code 7961.
7 R.C. 3313.66(B)(6)(a).
8 R.C. 3313.66(K)(5).
9 R.C. 3313.66(B)(6)(a)(ii).
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on reinstatement, the superintendent must take into consideration both (1) the assessment that
was completed by the psychiatrist, psychologist, or school psychologist, and (2) whether the
student met the conditions developed by the superintendent.10
If a student has been expelled for a 180-day original expulsion period or a 90-day
extended expulsion period, the superintendent must make the reinstatement determination in
consultation with a multidisciplinary team selected by the superintendent. 11
Contingent conditions for reinstatement
The bill permits a superintendent to impose contingent conditions for a student’s
reinstatement. These conditions may include the conditions developed for the original expulsion
period and recommendations made by the psychiatrist, psychologist, or school psychologist who
conducted the student’s reinstatement assessment. The superintendent must set a duration
under which the student must meet these contingent conditions, which may extend to the
student’s graduation date. The superintendent must also provide a copy of the contingent
conditions in writing to the district board, student, and the student’s parent when issuing the
superintendent’s reinstatement determination.
The bill permits a superintendent to revoke a student’s reinstatement and establish an
extended expulsion period if a student fails to meet the contingent conditions.12
Extended expulsion periods
If the superintendent determines that the student has not shown “sufficient
rehabilitation” and extends the expulsion period, the superintendent must develop a new set of
conditions for the student to satisfy before that student may be reinstated. These conditions may
be the same conditions that the superintendent developed for the original expulsion period. The
superintendent again must provide these conditions in writing to the district or school board, the
student, and the student’s parent at the beginning of the extended expulsion period.
At the end of the extended expulsion period, the superintendent must reassess the
student in the same manner as for the original expulsion period and determine whether the
student has shown “sufficient rehabilitation” to be reinstated. As with the original expulsion
period, if the student has not, the superintendent may extend the expulsion for another period
not to exceed 90 school days. The bill expressly states that there is no limit on the number of
times the superintendent may choose to extend an expulsion.13
Early assessment and reduction of an expulsion period
Prior to the end of the original expulsion period or of an extended expulsion period, the
student or the student’s parent may request that the superintendent complete an early
assessment of the student. If a request is made, the superintendent must complete an
assessment and make a determination in the same manner as would apply at the end of the
10 R.C. 3313.66(B)(6)(a).
11 R.C. 3313.66(B)(6)(a).
12 R.C. 3313.66(B)(6)(e).
13 R.C. 3313.66(B)(6)(b).
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expulsion period. The student or the student’s parent may request an early assessment only once
for the original expulsion period and only once for each extended expulsion period.14
Additionally, the bill permits the superintendent to reduce a student’s expulsion on a
case-by-case basis prior to the end of the original expulsion period or of an extended expulsion
period, if that student has met all of the conditions developed by the superintendent at the
beginning of the expulsion period.15
In making either of the above determinations, the superintendent must comply with the
district or school board’s policy regarding the reduction of an expulsion period (see “Duties of
the board” below).
Payment for assessment
The bill prescribes the following payment structure for the assessment completed by a
psychiatrist, psychologist, or school psychologist, as a required condition for reinstatement, to
determine whether the student poses a danger to that student’s self, other students, or school
employees:
1. If the psychiatrist, psychologist, or school psychologist is employed or contracted by the
district, the district must pay in full for the cost of that assessment.
2. If the psychiatrist, psychologist, or school psychologist is not employed or contracted by
the district, the cost of that assessment must be referred for payment to the student’s
health insurance. Following referral, any costs that are not covered by the student’s
health insurance must be paid by the district.16
Additionally, because the bill requires the superintendent to assess a student during an
early assessment or at the end of an extended expulsion period in the same manner as for the
original expulsion period (see “Extended expulsion periods” and “Early assessment
and reduction of an expulsion period” above), this payment structure presumably
would apply to the required assessment completed by a psychiatrist, psychologist, or school
psychologist for either of these circumstances.
Due process
A student subject to an expulsion authorized by the bill is entitled to the same due process
procedures as a student subject to any other type of expulsion under current law. Therefore,
when making any determination in regard to an expulsion for imminent and severe
endangerment, the superintendent must comply w