OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 468 Bill Analysis
135th General Assembly
Click here for H.B. 468’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Klopfenstein and Brennan
Effective date:
Rachel Larsen, Research Analyst
SUMMARY
Permits federally recognized patriotic youth organizations to request a public school to
allow representatives from the organization to provide written information or present
information in person to students on school property.
Requires public schools to provide at least one opportunity per school year for a
representative of an organization to provide information.
Requires public schools to request a criminal records check of the organization’s
representative before permitting the representative to provide information to students.
DETAILED ANALYSIS
Patriotic youth organizations
The bill permits youth organizations listed in federal law that have an educational
purpose and promote patriotism and civic involvement1 to request a school district, community
school, STEM school, or college-preparatory boarding school, to allow representatives from the
organization to provide written information or present information in person to students on
school property. In the request, the organization must include information regarding how the
organization furthers the educational interest and civic involvement of students.2
1 Part B of subtitle II of Title 36 of the United States Code (U.S.C.), 36 U.S.C. 20101, et seq.
2 R.C. 3313.473(B). The bill’s provisions apply to community schools, STEM schools, and college-
preparatory boarding schools through cross references in R.C. 3314.03(A)(11)(d), 3326.11, and 3328.24,
respectively.
April 25, 2024
Office of Research and Drafting LSC Legislative Budget Office
Each district or school must provide at least one opportunity each school year for a
representative of an organization to provide information to students on school property. The
bill permits the opportunity to be during the school day.3
Background check
The bill requires a district or school to request a criminal records check of the
organization’s representative before permitting the representative to provide information to
students on school property. The criminal records check is to be conducted in the same manner
as a check for a licensed teacher.4 Under the bill, the representative is responsible for paying all
costs associated with obtaining the records check, and may be required to provide written
consent for the records check.5
A district or school may refuse to allow a representative to provide information to
students if the representative has been convicted of or plead guilty to the same offenses that
would bar an applicant from employment as an educator.6
Past conduct
In addition, the bill requires a district or school to consider certain factors regarding the
past conduct of a representative of an organization when evaluating whether to permit the
person to provide information to students:
1. Crimes or misconduct involving minors;
2. Crimes or misconduct involving school children;
3. Crimes or misconduct involving academic fraud;
4. A plea of guilty, a finding of guilty, a conviction, a granting of treatment in lieu of
conviction, or a pre-trial diversion program to any offense in violation of federal, state,
or local criminal law; and
5. Any violation of the terms and conditions of a consent agreement.7
If the district or school finds that a representative has engaged in any of the conduct
listed above, the district or school may consider certain factors before deciding whether to
permit the person to provide information to students:
1. The nature and seriousness of the crime or misconduct;
2. The extent of the person’s past criminal activity or misconduct;
3 R.C. 3313.473(C).
4 R.C. 3319.39, not in the bill.
5 R.C. 3313.473(D).
6 R.C. 3319.39(B)(1)(a) or (b), not in the bill.
7 R.C. 3313.473(E).
P a g e |2 H.B. 468
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
3. The age of the person when the crime or misconduct occurred;
4. The amount of time that has elapsed since the person’s last criminal activity or
misconduct;
5. The conduct and work activity of the person before and after the criminal activity or
misconduct;
6. Whether the person has completed any terms of probation or deferred adjudication;
7. Evidence of rehabilitation and evidence of whether the person is amenable to
rehabilitation;
8. Whether the person fully disclosed the crime or misconduct to the district or school or
the employing organization;
9. Whether the person will negatively impact the health, safety, or welfare of the school
community; and
10. Any other factor the district or school finds relevant.8
Under the bill, a district or school may investigate and refuse to permit a representative
of an organization to provide information to students on school property regardless of whether
the representative has a criminal charge, indictment, prosecution, or conviction.9
HISTORY
Action Date
Introduced 04-02-24
ANHB0468IN-135/ks
8 R.C. 3313.473(F).
9 R.C. 3313.473(G).
P a g e |3 H.B. 468
As Introduced
Statutes affected: As Introduced: 3314.03, 3326.11, 3328.24