Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                              Office of Research                            Legislative Budget
         www.lsc.ohio.gov                       and Drafting                                      Office
                            H.B. 387                               Bill Analysis
                  135th   General Assembly
                                                                   Click here for H.B. 387’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Brent and McNally
Effective date:
Rachel Larsen, Research Analyst
                                                        SUMMARY
                    Dissolves all current academic distress commissions (ADCs) and repeals the law on the
                          establishment of new commissions and academic improvement plans for districts with
                          ADCs.
                    Restores all powers under the Revised Code to the boards of education of school
                          districts under an ADC.
                    Declares an emergency.
                                               DETAILED ANALYSIS
Academic distress commissions
        The bill dissolves all current academic distress commissions for persistently low
performing school districts and repeals the law on the establishment of new commissions. It
also repeals the law regarding academic improvement plans for school districts with an ADC.1
                  Ed Choice eligibility
        Under the repealed law, students in a school district currently subject to an ADC are
eligible for an Educational Choice (Ed Choice) scholarship. The bill clarifies that a student
remains eligible for an Ed Choice scholarship if the student’s resident school district “was”
subject to the former section of law and the student continues to use the scholarship to attend
a nonpublic school, while also maintaining other eligibility requirements. However, the bill
maintains a provision of current law specifying that the Department must cease awarding first
1Repealed R.C. 3302.10, 3302.101, 3302.102, 3302.103, 3302.11, and 3302.111; conforming changes in
R.C. 133.06(G)(1) and (2), 3302.036(B)(3), 3302.042(F), 3302.043(A), 3302.12(D), 3302.17(E), 3310.03(C)
and (E), 3311.29(D), and 3314.102.
                                                                                                           February 23, 2024
Office of Research and Drafting                LSC                           Legislative Budget Office
time scholarships under the repealed academic distress commission provision when the
commission ceases to exist.2
    District board and school employees powers and rights
       After the bill’s effective date when academic distress commissions cease to exist, the
board of education of the district where an ADC was established reassumes all the powers
granted to it under the Revised Code. The employees of that district reassume all the rights
granted to them under the Revised Code.3
    Emergency clause
       The bill also declares an emergency measure for the purpose of dissolving all existing
ADCs immediately and preventing new commissions from being formed.4
Background
        Current law, repealed by the bill, requires the Director of Education and Workforce to
establish an academic distress commission for certain school districts with persistently low
academic performance to guide actions to improve their performance. Each commission must
appoint a chief executive officer who has substantial powers to manage the operation of a
qualifying district and prescribes progressive consequences for the district, including possible
changes to collective bargaining agreements and eventual mayoral appointment of the district
board. Currently, the Youngstown and East Cleveland City School districts have academic
distress commissions.5 Lorain City School District previously had an existing ADC, but it was
dissolved in the most recent main operating budget bill, H.B. 33 of the 135th General Assembly.
       In addition to dissolving the Lorain City School District’s ADC, H.B. 33 also prohibits the
Director from establishing any new ADCs for the 2023-2024 and 2024-2025 school years.
        Finally, current law, repealed by the bill, provides for academic improvement plans for
districts under an ADC. Established by H.B. 110 of the 134th General Assembly, academic
improvement plans allow school districts who are subject to an ADC to be relieved from the
oversight of its ADC prior to meeting the conditions prescribed by current law. The Youngstown
and East Cleveland school districts currently have academic improvement plans.
2   R.C. 3310.03(C) and (E).
3   Section 4.
4   Section 5.
5   R.C. 3302.10, repealed.
P a g e |2                                                                                  H.B. 387
                                                                                       As Introduced
Office of Research and Drafting         LSC                Legislative Budget Office
                                      HISTORY
                             Action                       Date
Introduced                                      1-29-24
ANHB0387IN-135/ar
P a g e |3                                                                H.B. 387
                                                                     As Introduced
Statutes affected: 
As Introduced: 133.06, 3302.036, 3302.042, 3302.043, 3302.12, 3302.17, 3310.03, 3311.29, 3314.102, 3302.10, 3302.101, 3302.102, 3302.103, 3302.11, 3302.111