OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 1 Bill Analysis
135th General Assembly
Click here for S.B. 1’s Fiscal Note
Version: As Passed by Senate
Primary Sponsor: Sen. Reineke
Effective Date:
Mike Niemi, Research Analyst
SUMMARY
Transfer of State K-12 Governance
 Renames the Department of Education as the Department of Education and Workforce
(DEW).
 Creates the position of the Director of Education and Workforce, who is appointed by
the Governor, with the advice and consent of the Senate, and is the head of DEW.
 Establishes within DEW the Division of Primary and Secondary Education and the
Division of Career-Technical Education, each of which is headed by a Deputy Director
appointed by the Director with the advice and consent of the Senate.
 Transfers most of the powers and duties of the State Board of Education and the
Superintendent of Public Instruction to DEW.
 Retains the State Board’s and state Superintendent’s powers and duties regarding
educator licensure, licensee disciplinary actions, school district territory transfers, and
certain other areas.
Workforce Development
 Requires DEW to develop informational materials for seventh and eighth graders about
available career opportunities.
 Requires DEW to participate in the process to identify in-demand jobs.
 Requires the Governor to appoint the Deputy Directors to the Governor’s Executive
Workforce Board.
Nonchartered nonpublic schools
 Codifies an administrative rule that sets minimum requirements for nonchartered
nonpublic schools, including hours of instruction, educational requirements for teachers
and administrators, curriculum, promotion, and safety requirements.
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 Requires the Director of Education and Workforce to update existing rules to conform to
the changes and prohibits the adoption of any additional rules for nonchartered
nonpublic schools.
Home education and school attendance
 Excuses a child from attending school if the child is receiving home education in core
subject areas supervised and directed by the child’s parent, instead of if the child is
receiving education from a “qualified” person.
 In the event of cessation of proper home instruction, removes the district
superintendent’s explicit power to recall previously excused absences and pursue
truancy charges, but subjects home-educated students to the truancy law.
 Requires the Director of Education and Workforce to update existing rules to conform to
the changes and prohibits the adoption of any additional rules regarding home education.
TABLE OF CONTENTS
TRANSFER OF STATE K-12 GOVERNANCE ...................................................................................... 3
Department of Education and Workforce .................................................................................. 3
Organization of the Department ................................................................................................. 4
Appointment of Director and Deputy Directors ......................................................................... 4
Limits on interim officeholders .............................................................................................. 4
Deputy Director qualifications ............................................................................................... 5
Confirmation hearing ............................................................................................................. 5
Director’s rulemaking authority .................................................................................................. 5
Rules regarding minimum education standards .................................................................... 5
Stakeholder outreach and rulemaking ................................................................................... 5
Prior to initiating rulemaking ................................................................................................. 6
Prior to submitting a proposed rule to JCARR ........................................................................ 6
Public presentation requirement ................................................................................................ 7
Limits on DEW policies and guidance.......................................................................................... 7
State Board of Education ................................................................................................................ 7
Duties and powers....................................................................................................................... 7
Administration ............................................................................................................................. 8
Implementation deadline ............................................................................................................... 9
Background – State Board of Education ..................................................................................... 9
WORKFORCE DEVELOPMENT ......................................................................................................... 9
Career opportunity informational materials .................................................................................. 9
In-demand jobs list ......................................................................................................................... 9
Governor’s Executive Workforce Board ....................................................................................... 10
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NONCHARTERED NONPUBLIC SCHOOLS ..................................................................................... 10
Minimum education standards compliance report ...................................................................... 11
Hours of instruction ...................................................................................................................... 11
Attendance report ........................................................................................................................ 11
Teachers and administrators – educational requirements .......................................................... 11
Curriculum requirements.............................................................................................................. 12
Grade promotion .......................................................................................................................... 12
Health and safety .......................................................................................................................... 12
Transportation, auxiliary services, and administrative cost reimbursement ............................... 12
HOME EDUCATION AND SCHOOL ATTENDANCE ........................................................................ 13
Home education............................................................................................................................ 13
Home educator qualification ........................................................................................................ 13
Home instruction cessation .......................................................................................................... 13
Administrative rules ...................................................................................................................... 14
DETAILED ANALYSIS
TRANSFER OF STATE K-12 GOVERNANCE
Department of Education and Workforce
The bill renames the Department of Education as the Department of Education and
Workforce (DEW). It also creates the position of Director of Education and Workforce, who is
appointed by the Governor with the advice and consent of the Senate, to oversee DEW and
primary and secondary education in Ohio. To that end, the bill transfers to DEW, or where
applicable the Director, most of the powers and duties assigned to the State Board of Education
and the Superintendent of Public Instruction.
Examples of the powers and duties transferred include:
1. Adopting minimum education standards for elementary and secondary schools, and
minimum operating standards for school districts;
2. Issuing and revoking state charters to school districts, school buildings operated by
districts, and nonpublic schools that elect to seek a charter;
3. Developing state academic standards and model curricula;
4. Establishing the statewide program for assessing student achievement through
standardized assessments;
5. Establishing the state report card system for school districts, community schools, STEM
schools, and college-preparatory boarding schools;
6. Administering state scholarship programs;
7. Performing prescribed functions regarding the creation and operation joint vocational
school districts;
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8. Providing oversight to, and performing functions regarding, community schools,
community school sponsors, and STEM schools; and
9. Calculating and distributing all foundation funding payments.
The State Board and the state Superintendent retain duties and broad powers regarding
educator licensure, licensee disciplinary actions, school district territory transfers, and certain
other areas. The bill transfers from the Department to the State Board any employees and
assets necessary for the State Board to perform its retained powers and duties.1
For more information about the role of the State Board and the state Superintendent
under the bill, see “State Board of Education,” below.
Organization of the Department
Under the bill, DEW consists of the Division of Primary and Secondary Education and the
Division of Career-Technical Education. Each division is headed by a Deputy Director appointed
by the Director with the advice and consent of the Senate. However, the bill does not prescribe
specific functions for either division.
Rather, except for those duties and powers retained by the State Board and state
Superintendent, the bill vests responsibility for primary, secondary, special, and career-
technical education in the Director. The Director may delegate duties and powers to either
division as the Director determines appropriate. The Director also is responsible for employing
personnel to carry out the Department’s powers and duties. However, the Director does not
adopt rules regarding the State Board’s and state Superintendent’s retained powers.
The bill expressly states that DEW is subject to all provisions of law pertaining to
departments, offices, or institutions established for the exercise of any function of state
government. It also subjects DEW to the Administrative Procedure Act.2
Appointment of Director and Deputy Directors
Limits on interim officeholders
The bill expressly prohibits any individual from holding the office of, or serving on an
interim basis for more than 45 days as, Director or Deputy Director without being appointed
with the advice and consent of the Senate.3
1 R.C. 3301.07 and 3301.13, and Section 7; conforming changes in numerous R.C. sections.
2 R.C. 3301.13.
3 R.C. 3301.13(H).
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Deputy Director qualifications
The bill requires the Director to appoint an individual with appropriate educational,
professional, or managerial experience, as determined by the Director, to be a Deputy
Director.4
Confirmation hearing
The bill requires the Senate Education Committee to hold at least one in-person hearing
on the nomination of an individual to serve as Director or as a Deputy Director before the full
Senate holds a confirmation vote on that nomination.5
Director’s rulemaking authority
Under the bill, the Director is responsible for adopting DEW’s administrative rules.
However, it expressly limits the Director’s rulemaking authority to the Director’s or DEW’s
statutorily prescribed powers and duties. It also permits the General Assembly, in accordance
with continuing law, to adopt a concurrent resolution to rescind or invalidate any
administrative rule adopted by the Director.6 The Director is not authorized to adopt rules
regarding the State Board’s or state Superintendent’s retained powers.
(The bill also addresses providing information about rulemaking in “Public
presentation requirement” below.)
Rules regarding minimum education standards
Under current law, when the State Board adopts rules to prescribe minimum education
standards, the State Board may include in those standards any factor it determines necessary.
The bill eliminates that authority and, instead, specifies that the Director, when adopting
minimum education standards, is limited to the powers and duties that are expressly prescribed
and authorized in statute.7
Stakeholder outreach and rulemaking
The bill requires DEW to establish a stakeholder outreach process for use when it
engages in rulemaking. DEW must establish a method under which stakeholders may elect to
participate in the process. The process must include both a notice and an opportunity for
stakeholder feedback prior to DEW initiating rulemaking and submitting a proposed rule to the
Joint Committee on Agency Rule Review (JCARR). The process also may include stakeholders
meetings, questionnaires for stakeholders, or stakeholder advisory groups.8
4 R.C. 3301.13(B)(2).
5 R.C. 3301.13(I).
6 R.C. 3301.13(E) and R.C. 106.042, not in the bill.
7 R.C. 3301.07(D)(2).
8 R.C. 3301.138.
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The bill expressly states that a notice under the process is a not a public notice, but
rather it is a courtesy for stakeholders. DEW also is not required to send draft rules out to, nor
negotiate draft rule language with, stakeholders.9
Prior to initiating rulemaking
Prior to conducting a five-year review,10 adopting a new rule, or amending or rescinding
an existing rule, DEW must notify stakeholders of its intent to initiate rulemaking and provide
an explanation of the rationale for doing so. The notice must include:
1. For a five-year review in which DEW decides not to make any changes to an existing
rule, a statement that the rule is not being changed;
2. For a new rule or an amendment or rescission of an existing rule, information explaining
the rationale for the new rule or rule change, including any state or federal law changes
that make it necessary; and
3. A link to a webpage on DEW’s website that provides an opportunity to:
a. Review the existing rule, if one exists;
b. Submit public comments for a period of time established by DEW; and
c. Provide, as part of the public comment system, a chance to submit information that
might aid DEW in preparing a business impact analysis, if one is required.
DEW must consider each submitted comment provided during the public comment
period. However, it is not required to respond to them.11
Prior to submitting a proposed rule to JCARR
Prior to submitting a proposed rule to JCARR, DEW must post the draft rule and a
completed business impact analysis, if one is required, on DEW’s website and notify
stakeholders that they have been posted. The notice must include a link to a webpage on
DEW’s website that provides the opportunity to review the draft rule, and the business impact
analysis if required, and submit public comments for a period established by DEW. DEW must
consider each comment it receives and may revise the draft based on them.12 If the
Department determines further outreach is necessary, it must hold stakeholder meetings, send
questions to stakeholders, or create stakeholder advisory groups.13
9 R.C. 3301.138(C) and (D).
10 R.C. 106.03 and 119.04, not in the bill.
11