OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
Niemi
H.B. 214 Final Analysis
135th General Assembly
Click here for H.B. 214’s Fiscal Note
Primary Sponsor: Rep. Holmes
Effective date: October 24, 2024; conforming amendments effective January 1, 2025
Effective date:
Jessica Sutton, LSC Fellow UPDATED VERSION*
SUMMARY
Policy on matters regarding specific beliefs, affiliations, ideals,
or principles
▪ Requires each school district, community school, and STEM school to adopt and post a
policy against using statements of commitment to, or soliciting or requiring specified
individuals to affirmatively ascribe to, specific beliefs, affiliations, ideals, or principles
concerning political movements or ideology.
Policy to accommodate students’ sincerely held religious beliefs
▪ Requires each school district, community school, STEM school, and college-preparatory
boarding school to adopt a policy that reasonably accommodates the sincerely held
religious beliefs and practices of students that includes permitting up to three excused
absences for religious expression days.
▪ Entitles this portion of the act the “Religious Expression Days” or “R.E.D.” Act.
DETAILED ANALYSIS
Policy on matters regarding specific beliefs, affiliations, ideals,
or principles
By January 22, 2025, the act requires each school district, community school, and STEM
school to adopt a policy that prohibits the district or school from:
* This version updates the effective date.
August 19, 2024
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1. Soliciting or requiring an employee or applicant for employment or academic admission
to affirmatively ascribe to, or opine about, specific beliefs, affiliations, ideals, or principles
concerning political movements, or ideology;
2. Soliciting or requiring a student to affirmatively ascribe to specific beliefs, affiliations,
ideals, or principles concerning political movements, or ideology;
3. Using statements of commitment to specific beliefs, affiliations, ideals, or principals
concerning political movements, or ideology as part of the evaluation criteria for
employees, applicants for employment, or employees seeking career progression or
benefits;
4. Using statements of commitment to specific beliefs, affiliations, ideals, or principles
concerning political movements or ideology as part of the academic evaluation of
students.
However, the act specifically does not prohibit, limit, or restrict any of the following:
1. A district’s or school’s authority to require a student or employee to comply with federal
or state law (including anti-discrimination laws) or to take action against a student or
employee for violation of federal or state law;
2. An educator’s academic freedom;
3. An educator’s ability to research or write publications about specific beliefs, affiliations,
ideals, or principles concerning political movements, ideology, or social action;
4. A district’s or school’s authority to consider an applicant for employment’s scholarship,
teaching, or subject matter expertise in the applicant’s given academic field;
5. A district’s or school’s authority to offer an established character education program.1
Publicly accessible information on related matters
The act also requires each district and school to make publicly available all policies,
guidance, and training materials used for students, educators, and staff on all matters regarding
specific beliefs, affiliations, ideals, or principles concerning political movements or ideology.
However, the act specifies it cannot be construed to require districts and schools to make
protected legal communications or guidance publicly available.2
Policy to accommodate students’ sincerely held religious beliefs
The act requires each school district, community school, STEM school, and
college-preparatory boarding school to adopt a policy that reasonably accommodates the
1 R.C. 3319.614(A) and (B), 3314.03(A)(11)(d), and 3326.11.
2 R.C. 3319.614(C).
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sincerely held religious beliefs and practices of students regarding exams, other academic
requirements, and absences for reasons of faith or religious or spiritual belief system. 3
Absences and alternative accommodations
A district’s or school’s policy must permit a student in any of grades kindergarten through
12 to be absent for up to three religious expression days each school year to take holidays for
reasons of faith or religious or spiritual belief system or to participate in organized activities
conducted under the auspices of a religious denomination, church, or other religious or spiritual
organization.
Under the act, districts and schools are prohibited from:
1. Imposing an academic penalty as a result of a student’s absence under the policy;
2. Considering absences under the policy in determining absence hours for the purpose of
required parental notification due to unexcused student absences; and
3. Unreasonably withholding or denying an excused absence for any religious holiday,
festival, or observation.
The policy must require the provision of alternative accommodations for students who
miss exams or other academic requirements as a result of absences under the policy, if within
the first 14 days of school, or within 14 school days after a student transfers to or enrolls in the
school, the parent or guardian of a student provides the school principal with written notice of
up to three requested dates for alternative accommodations.
Additionally, the policy must permit students to participate in interscholastic athletics or
other extracurricular activities on days during which the student is otherwise absent for a
religious expression day.4
School principal and classroom teacher responsibilities
Under the act, a school principal may not approve more than three written requests from
a student’s parent or guardian for an excused absence per school year. The principal must
approve the requests without inquiry into the sincerity of a student’s religious or spiritual belief
system. However, a principal may verify a submitted request by contacting the parent or guardian
whose signature appears on the request. If the parent or guardian disputes signing the request,
then the principal may deny it.
After approving an absence request that satisfies the requirements for receiving
alternative accommodations, a principal must require the appropriate classroom teacher or
teachers to schedule a date and time for a student to complete a missed exam or other academic
3 R.C. 3320.04(A), 3314.03(A)(11)(d), 3326.11, and 3328.24.
4 R.C. 3320.04.
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requirement. The make-up date may be before or after the time and date of the originally
scheduled exam or other academic requirement.5
Posting the policy
A district or school must post in a prominent location on its website:
1. The policy, including the contact information of a person who can provide further
information about it; and
2. A nonexhaustive list of major religious holidays, festivals, and religious observations,
which may include Eid, Good Friday, Rosh Hashanah, Yom Kippur, and Passover.
At the beginning of each school year, the Superintendent of Public Instruction must provide
to each district and school a nonexhaustive list that includes major religious holidays or festivals
for the next two school years. The district or school may adopt the state Superintendent’s list or
choose which holidays to include on its own list.
Each district or school must note alongside its posted, printed, or published policy that
the list is not exhaustive and the exclusion of certain holidays or festivals may not be the basis
for denying accommodation to a student. A policy or list may not be used to deny full and
reasonable accommodations to a student for any sincerely held religious belief or practice for
exams or other academic requirements and absences for reasons of faith or religious or spiritual
belief system.6
Annual conveyance of policy
The act requires districts and schools annually to convey the district’s or school’s religious
accommodation policy to parents and guardians. The district or school determines how it conveys
the information, but the notice must include a description of the general procedure for
requesting accommodations.7
Grievance procedure
A district’s or school’s policy must include a procedure for students, parents, or guardians
to notify the district or school of any grievance regarding the policy’s implementation.8
5 R.C. 3320.04(B).
6 R.C. 3320.04(C).
7 R.C. 3320.04(D).
8 R.C. 3320.04(E).
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HISTORY
Action Date
Introduced 06-13-23
Reported, H. Primary & Secondary Education 11-15-23
Passed House (64-30) 11-15-23
Reported, S. Education 06-26-24
Passed Senate (24-7) 06-26-24
House concurred in Senate amendments (62-30) 06-26-24
24-ANHB0214EN-UPDATED-135/ar
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Statutes affected:
As Introduced: 3314.03, 3326.11
As Reported By House Committee: 3314.03, 3326.11
As Passed By House: 3314.03, 3326.11
As Reported By Senate Committee: 3314.03, 3326.11, 3328.24
As Passed By Senate: 3314.03, 3326.11, 3328.24
As Enrolled: 3314.03, 3326.11, 3328.24