OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 128 Bill Analysis
135th General Assembly
Click here for S.B. 128’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Ingram
Effective Date:
Mariah M. Maldovan, Attorney
SUMMARY
 Requires community schools with for-profit operators, for-profit career colleges or
schools (whether or not exempt from regulation by the State Board of Career Colleges
and Schools), and for-profit barber schools or schools of cosmetology to post to a
specified notice about their for-profit status.
 Requires that all promotional media published by an unaffiliated person to disclose the
for-profit status of any institution that is subject to the bill’s provisions.
 Requires the State Board of Education, State Board of Career Colleges and Schools, and
the State Cosmetology and Barber Board to adopt rules describing the manner and format
of the bill’s required disclosures.
DETAILED ANALYSIS
Disclosure of for-profit status of certain community schools and
post-secondary institutions
The bill requires each K-12 community school with a for-profit operator, each for-profit
career college or school (whether or not exempt from regulation by the State Board of Career
Colleges and Schools), and each for-profit barber school or school of cosmetology to post to a
specified notice about the for-profit status of the school or institution.1
Under the bill, these schools and institutions must disclose on their official websites, all
promotional digital and print media, and contracts for instruction the fact that they are for-profit
businesses. The disclosure must be made in a type size as large or larger than any other text on
the school’s or institution’s website, the media, or the contract (excluding the school’s or
1 R.C. 3314.033, 3332.031(R), 3333.046(B), 4709.05(J), and 4713.07(A)(13).
May 3, 2024
Office of Research and Drafting LSC Legislative Budget Office
instruction’s name). It also must be presented in a manner reasonably calculated to draw the
attention of the reader. Finally, it must read as follows:
(Name of for-profit organization (in the case of a
community school, its for-profit operator)) IS A FOR-PROFIT
BUSINESS IN THE STATE OF OHIO.2
Media published by unaffiliated person or entity
The bill also requires that the promotional digital and print media that is published for the
school or institution by any person or entity not affiliated with it to include the disclosure “A FOR-
PROFIT BUSINESS IN THE STATE OF OHIO” in a type size as large or larger than any other text in
the advertisement.3
Rulemaking
The bill requires that rules requiring the specified disclosures be adopted by the following:
1. The State Board of Education for community schools with for-profit operators;
2. The State Board of Career Colleges and Schools for institutions under its regulation; and
3. The State Cosmetology and Barber Board for licensed for-profit barber schools and
licensed for-profit schools of cosmetology.
Continuing law exempts from regulation by the State Board of Career Colleges and
Schools any for-profit institution authorized to grant on February 20, 2002, bachelor’s or master’s
degrees for which the Chancellor of Higher Education has issued a certificate of authorization.
Since there is no rulemaking authority for these institutions, the bill directly requires them to
comply with its disclosure provisions.
S.B. 128 was introduced before the enactment in 2023 of H.B. 33 of the 135 th General
Assembly, which transferred most authority over community schools held by the State Board of
Education to the Department of Education and Workforce.
HISTORY
Action Date
Introduced 06-21-23
ANSB0128IN-135/ts
2 R.C. 3314.033, 3332.031(R)(1), 3333.046(B)(1), 4709.05(J)(1), and 4713.07(A)(13)(a).
3 R.C. 3314.033, 3332.031(R)(2), 3333.046(B)(2), 4709.05(J)(2), and 4713.07(A)(13)(b).
P a g e |2 S.B. 128
As Introduced


Statutes affected:
As Introduced: 3332.031, 3333.046, 4709.05, 4713.07