OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 407 Bill Analysis
135th General Assembly
Click here for H.B. 407’s Fiscal Note
Version: As Reported by House Primary and Secondary Education
Primary Sponsors: Reps. Manning and Seitz
Effective date:
Rachel Larsen, Research Analyst
SUMMARY
▪ Requires the Department of Education and Workforce to annually post for each chartered
nonpublic school the school’s total enrollment, the number of scholarship students
enrolled in the school, what kind of school each scholarship student attended in the prior
school year, and the amount of state support the school received.
▪ Requires the Department to post on its website the number of students participating in a
state scholarship program, disaggregated by family income.
▪ Requires the Department to establish a system to permit an individual to compare the
performance data of scholarship students enrolled in a chartered nonpublic school with
the performance data of similar students enrolled in nearby schools.
▪ Requires the Department, in consultation with the state advisory committee on chartered
nonpublic schools, to issue a state report card that measures the performance of students
enrolled in chartered nonpublic schools under a state scholarship program.
▪ Requires the Department to require each EdChoice scholarship applicant to include the
school, and if applicable the district, in which the applicant was enrolled for the school
year prior to the one for which the applicant is submitting an application.
DETAILED ANALYSIS
Chartered nonpublic schools and state scholarships
The bill establishes new responsibilities for the Department of Education and Workforce
regarding chartered nonpublic schools, including new reporting requirements and a state report
card for chartered nonpublic schools that enroll students participating in a state scholarship
program. Under the bill, a “state scholarship program” is the EdChoice Scholarship Program, the
December 6, 2024
Office of Research and Drafting LSC Legislative Budget Office
Autism Scholarship Program, the Jon Peterson Special Needs Scholarship Program, or the
Cleveland Scholarship Program.1
Reporting
Total enrollment, prior school year attendance, and state support
The bill requires the Department to annually post on its publicly accessible website all of
the following for each chartered nonpublic school:
1. The school’s total enrollment;
2. The number of state scholarship students enrolled in the school, disaggregated by
whether, in the prior school year, the students were enrolled in:
a. That school;
b. A different chartered nonpublic school;
c. A nonchartered nonpublic school;
d. A city, local, or exempted village school district;
e. A community school;
f. A STEM school; or
g. If the student was not enrolled in a district or school, whether the student was
homeschooled or if, in the current school year, the student is enrolling in an Ohio
school for the first time.
3. The total amount of state support received by the school through:
a. State scholarship programs;
b. Auxiliary services payments; and
c. Administrative cost reimbursements.2
Family adjusted gross income categories
Under the bill, annually the Department must post on its publicly accessible website the
number of students participating in a state scholarship program, disaggregated according to the
following categories:
1. Students with a family adjusted gross income (AGI) at or below 450% of the federal
poverty level (FPL);
2. Students with a family AGI above 450% FPL, but at or below 500% FPL;
3. Students with a family AGI above 500% FPL, but at or below 550% FPL;
1 R.C. 3301.0711(P), not in the bill.
2 R.C. 3301.165(D).
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4. Students with a family AGI above 550% FPL, but at or below 600% FPL;
5. Students with a family AGI above 600% FPL, but at or below 650% FPL;
6. Students with a family AGI above 650% FPL, but at or below 700% FPL;
7. Students with a family AGI above 700% FPL, but at or below 750% FPL; and
8. Students with a family AGI above 750% FPL.
The bill permits the Department to disaggregate the data according to other categories
as the Department determines appropriate. It also requires the Department of Education and
Workforce to request from the Department of Taxation any data necessary to compute and post
that data.3
Under continuing law, tax return information is confidential and cannot be disclosed by
an employee of the Department of Taxation or any other individual. However, the Department
of Taxation has a general authorization to share information with any state or federal agency
when disclosure is necessary to ensure compliance with state or federal law. The receiving agency
is prohibited from disclosing any of this shared information, except as otherwise authorized by
state or federal law.4
Student performance data reporting deadline
Current law requires the Department to post student performance data for EdChoice
scholarships students on its website and distribute the data to the parents of eligible students by
February 1. The bill changes that deadline to September 15.5
System to compare student performance data
The bill requires the Department to establish a system where an individual may compare
the performance data of students enrolled in a chartered nonpublic school and participating in a
state scholarship program with the performance data of similar students enrolled in the district
in which the school is located or a community school, STEM school, or other chartered nonpublic
school in that district. The Department must make the system available on its publicly accessible
website.
In calculating the performance of similar students, the Department must consider age,
grade, race and ethnicity, gender, and socioeconomic status.6
State report card
The bill requires the Department, in consultation with the state advisory committee on
chartered nonpublic schools, to establish a state report card that measures the performance of
students enrolled in chartered nonpublic schools under a state scholarship program. To the
3 R.C. 3301.165(C).
4 R.C. 5703.21, not in the bill.
5 R.C. 3310.15(C).
6 R.C. 3301.165(B).
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extent practicable, the Department must make that report card similar to the state report card
issued for public schools. The Department must issue the chartered nonpublic school report card
by September 15 each year, or by the preceding Friday when that day falls on Saturday or
Sunday.7
EdChoice scholarship applications
The bill requires the Department to require each EdChoice scholarship applicant to
include the school, and if applicable the school district, in which the applicant is enrolled, or that
the student is receiving home education, for the school year prior to the one for which the
applicant is submitting an application.8
HISTORY
Action Date
Introduced 02-12-24
Reported, H. Primary & Secondary Education 12-04-24
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7 R.C. 3302.0311.
8 R.C. 3310.16(E).
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As Reported by House Primary and Secondary Education


Statutes affected:
As Introduced: 3301.0711, 3310.03, 3310.13, 3310.14, 3310.15, 3313.618, 3313.619, 3313.976, 3314.03, 3319.324, 3326.11, 3328.24