OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 209 Bill Analysis
134th General Assembly
Click here for S.B. 209’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Brenner
Effective Date:
Holly Cantrell Gilman, Attorney
SUMMARY
 Prohibits the State Board of Education, the Department of Education, or any public
school from requiring any individual to wear a facial covering on school premises or at
school-sponsored activities.
 Prohibits a state institution of higher education from requiring an individual to wear a
facial covering at any time in any location on the institution’s campus, except at a
medical setting at the institution.
 Requires private businesses to (1) post notice of any facial covering requirement and
(2) offer an exemption to individuals with a documented medical condition.
DETAILED ANALYSIS
Prohibition on mask mandates in an educational setting
Public K-12 schools
The bill prohibits the State Board of Education, the Department of Education, or a school
district, community school, STEM school, or college-preparatory boarding school1 from
requiring any individual, including students, teachers, other school employees, and visitors, to
wear a facial covering to attend or participate in in-person instruction, school-sponsored
athletics, or another school-sponsored extracurricular activity, or in any other place on school
premises.
The bill specifically states that an individual may choose to wear a facial covering but is
not required to do so.
1 There are no college-preparatory boarding schools under R.C. Chapter 3328 currently operating in the
state.
October 15, 2021
Office of Research and Drafting LSC Legislative Budget Office
The bill’s provisions expressly do not restrict a board of health of a city or general health
district or the authority having the duties of a board of health, from taking action to prevent the
spread of a communicable or contagious disease.2
State institutions of higher education
The bill also prohibits state institutions of higher education from requiring an individual
to wear a facial covering to attend or participate in in-person instruction, institution-sponsored
athletics, institution-sponsored extracurricular activities, in dormitories, or at any other time in
any location on an institution’s or university’s campus.
This prohibition does not apply to an individual in a medical setting at a state university
or state institution of higher education.
Again, the bill states that its provisions do not restrict a board of health of a city or
general health district or the authority having the duties of a board of health, from taking action
to prevent the spread of a communicable or contagious disease.3
Mask mandates by private businesses
If a business requires the wearing of facial coverings for employees, visitors, or patrons,
the bill requires the business to post a notice that (1) they are required and (2) the requirement
does not apply to individuals with a documented medical condition that contraindicates the
wearing of a facial covering.4
HISTORY
Action Date
Introduced 07-13-21
S0209-I-134/ec
2 R.C. 3313.7117, 3314.03(A)(11)(d), 3326.11, and 3328.24.
3 R.C. 3345.0215.
4 R.C. 4101.17.
P a g e |2 S.B. 209
As Introduced


Statutes affected:
As Introduced: 3314.03, 3326.11, 3328.24