OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 394 Bill Analysis
135th General Assembly
Click here for H.B. 394’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Holmes
Effective date:
Jessica Sutton, LSC Fellow
SUMMARY
Requires the board of trustees of each state institution of higher education to adopt
various policies that prohibit the institution from requiring individuals to commit to
specific beliefs, affiliations, ideals, or principles.
Requires each state institution to make publicly available all policies, guidance, and
training materials on all matters regarding the topics listed above.
DETAILED ANALYSIS
Policy on standards and performance of professional duties
Within 90 days of its effective date, the bill requires the board of trustees of each state
institution of higher education to adopt a policy that states the institution must not:
1. Solicit or require an employee or applicant for employment to affirmatively ascribe to,
or opine about, specific beliefs, affiliations, ideals, or principles concerning political
movements, or ideology;
2. Solicit or require a student to affirmatively ascribe to specific beliefs, affiliations, ideals,
or principles concerning political movements or ideology;
3. Use 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;
March 7, 2024
Office of Research and Drafting LSC Legislative Budget Office
4. Use statements of commitment to specific beliefs, affiliations, ideals, or principles
concerning political movements or ideology as part of the academic evaluation of
students.1
However, the bill specifically does not prohibit, limit, or restrict any of the following:
1. A state institution’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. A faculty member’s academic freedom;
3. A faculty member’s ability to research or write publications about specific beliefs,
affiliations, ideals, or principles concerning political movements, ideology, or social
action;
4. A state institution’s authority to consider an applicant for employment’s scholarship,
teaching, or subject matter expertise in the applicant’s given academic field;
5. A state institution’s authority to offer an established character education program;
6. A state institution’s authority to establish a mission statement or statement of values.2
Publicly accessible information on related matters
The bill also requires each state institution to make publicly available all policies,
guidance, and training materials used for students, faculty, and other staff on all matters
regarding specific beliefs, affiliations, ideals, or principles concerning political movements, or
ideology. However, the bill specifies it cannot be construed to require state institutions to make
protected legal communications or guidance publicly available.3
HISTORY
Action Date
Introduced 02-06-24
ANHB0394IN-135/ts
1 R.C. 3345.0216(A).
2 R.C. 3345.0216(B).
3 R.C. 3345.0216(C).
P a g e |2 H.B. 394
Introduced