OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 244 Final Analysis
134th General Assembly
Click here for H.B. 244’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Reps. White and Lampton
Effective date: October 13, 2021
Effective Date:
Mitchell Smith, Research Analyst
Jason Hoskins, Attorney
SUMMARY
Education provisions for military children
Requires public schools to permit children of military families to participate in
technology-based educational opportunities to minimize disruptions when their families
transition from one military installation to another.
Requires school districts to permit children of active duty uniformed services members
who relocate to Ohio who are not district residents to apply for enrollment in the same
manner and at the same time as resident students.
Prohibition on public schools and higher education institutions
requiring certain vaccinations
Prohibits a public K-12 school or state institution of higher education from (1) requiring
an individual to receive a vaccine that is not yet fully approved by the federal Food and
Drug Administration and (2) discriminating against an individual who has not yet
received such a vaccine.
Department of Health quarantine and isolation authority
Permits the Ohio Department of Health (ODH) to quarantine and isolate individuals
arriving from another country that meets certain criteria regarding communicable
diseases.
Specifies that if ODH quarantines or isolates these individuals, ODH is responsible for
providing transportation, lodging, food, and any necessary medical care.
August 6, 2021
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Technology-based educational opportunities for military
children
The act requires “local education agencies” (all public schools) to permit children of
military families to participate in technology-based educational opportunities to minimize
disruptions when their families receive permanent change of station orders to, within, or out of
Ohio from one military installation to another.1
School district enrollment of military children
The act requires a school district to permit children of active duty uniformed services
members who relocate to Ohio and are not yet district residents to apply for enrollment in a
district school in the same manner and at the same time as resident students. Enrollment
applications must be accepted by electronic means, including those for specific schools or
programs within the district.
The act then requires these students’ parents or guardians to provide proof of district
residence within ten days after establishing residence. A temporary on-base billeting facility, a
purchased or leased home or apartment, or a federal government or public-private venture off-
base military housing are all acceptable forms of residency under the act.2
Prohibition on public schools and higher education institutions
requiring certain vaccinations
The act prohibits public K-12 schools and state institutions of higher education from:
1. Requiring an individual to receive a vaccine that is not yet fully approved by the federal
Food and Drug Administration (FDA); or
2. Discriminating against an individual who has not received such a vaccine, including by
requiring the individual to engage in or refrain from engaging in activities or precautions
that differ from the activities or precautions of an individual who has received such a
vaccine.
The act further specifies that this prohibition does not apply to a hospital or other
healthcare facility that is owned, operated by, or affiliated with a state institution.3
Department of Health quarantine and isolation authority
S.B. 22 of the 134th General Assembly made several changes regarding the authority of
the Ohio Department of Health (ODH) over matters of quarantine and isolation. It removed the
1 R.C. 3301.601. See R.C. 3301.60, not in the act.
2 R.C. 3301.65.
3 R.C. 3792.04
P a g e |2 H.B. 244
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
word “ultimate“ from the law describing ODH‘s authority over matters of quarantine and
isolation.4 S.B. 22 also defined the terms “quarantine“ and “isolation“ as they relate to ODH‘s
authority. These terms had not previously been defined in the Revised Code. It defined
“isolation“ as “the separation of one or more individuals who have been medically diagnosed
with a communicable or contagious disease from other individuals who have not been
medically diagnosed with the disease.“ And it defined “quarantine“ as “the separation or
restriction of movement of one or more individuals who have come into direct contact with
someone who has been medically diagnosed with a communicable or contagious disease.“5
These definitions differ from those used by the federal government, which require a reasonable
belief that an individual is infected, in the case of isolation, and a reasonable belief that an
individual has been exposed to the disease, in the case of quarantine, rather than requiring
direct exposure and a medical diagnosis.6
The act specifies that, under its authority over matters of quarantine and isolation, ODH
may require individuals traveling to Ohio to quarantine or isolate under certain circumstances,
regardless of whether those individuals have been medically diagnosed with or come into direct
contact with someone who has been medically diagnosed with a contagious or communicable
disease. The act‘s exception applies when an individual travels from another country for which
the Centers for Disease Control and Prevention (CDC) has issued the highest level of travel
health notice due to an outbreak of a communicable or contagious disease in that country. A
health notice must be in effect when an individual arrives in Ohio from that country. If the
above criteria are satisfied, the act permits ODH to quarantine or isolate individuals for up to 48
hours following arrival in Ohio. The act further specifies that if ODH requires an individual to
quarantine or isolate, ODH is responsible for providing that individual with transportation,
lodging, food, and any necessary medical examination, testing, or treatment related to the
communicable or contagious disease.7
HISTORY
Action Date
Introduced 03-31-21
Reported, H. Primary and Secondary Education 05-12-21
Passed House (97-0) 05-19-21
Reported, S. Primary and Secondary Education 06-16-21
4 R.C. 3701.13(B)(1).
5 R.C. 3701.13(A).
6 See Centers for Disease Control and Prevention: Quarantine and Isolation, available at
https://www.cdc.gov/quarantine/index.html and 42 Code of Federal Regulations 71.1.
7 R.C. 3701.13(B)(2).
P a g e |3 H.B. 244
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
Action Date
Passed Senate (25-8) 06-28-21
House concurred in Senate amendments (62-34) 06-28-21
21-HB244-134/ar
P a g e |4 H.B. 244
As Passed by the General Assembly
Statutes affected: As Passed By Senate: 3701.13
As Concurred By House: 3701.13
As Enrolled: 3701.13