OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 12 Bill Analysis
135th General Assembly
Click here for S.B. 1’s Fiscal Note
Version: As Introduced
Primary Sponsor: Reps. Jones and Dobos
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.
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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.
 Prohibits the Director of Education and Workforce from adopting 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.
 Prohibits the Director of Education and Workforce from adopting 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
General Assembly oversight ........................................................................................................ 4
Rescission or invalidation of rule by concurrent resolution .................................................. 4
Limits on interim Director and Deputy Directors ................................................................... 4
State Board of Education ................................................................................................................ 5
Duties and powers....................................................................................................................... 5
Administration ............................................................................................................................. 5
Implementation deadline ............................................................................................................... 6
Background – State Board of Education ..................................................................................... 6
WORKFORCE DEVELOPMENT ......................................................................................................... 6
Career opportunity informational materials .................................................................................. 6
In-demand jobs list ......................................................................................................................... 7
Governor’s Executive Workforce Board ......................................................................................... 7
NONCHARTERED NONPUBLIC SCHOOLS......................................................................................... 8
Minimum education standards compliance report ........................................................................ 8
Hours of instruction ........................................................................................................................ 8
Attendance report .......................................................................................................................... 8
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Teachers and administrators – educational requirements ............................................................ 9
Curriculum requirements................................................................................................................ 9
Grade promotion ............................................................................................................................ 9
Health and safety .......................................................................................................................... 10
Transportation, auxiliary services, and administrative cost reimbursement ............................... 10
HOME EDUCATION AND SCHOOL ATTENDANCE .......................................................................... 10
Home education............................................................................................................................ 10
Home educator qualification ........................................................................................................ 10
Home instruction cessation .......................................................................................................... 11
Administrative rules ...................................................................................................................... 11
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;
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.
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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 adopting
DEW’s administrative rules and 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
General Assembly oversight
Rescission or invalidation of rule by concurrent resolution
The bill 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.3
Limits on interim Director and Deputy Directors
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.4
1 R.C. 3301.07 and 3301.13, and Section 9; conforming changes in numerous R.C. sections.
2 R.C. 3301.13.
3 R.C. 3301.13(E)(2) and R.C. 106.042, not in the bill.
4 R.C. 3301.13(G).
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State Board of Education
Duties and powers
As noted above, the State Board and the state Superintendent retain their duties and
broad powers under continuing law regarding:
1. Educator licensure and licensee disciplinary actions;5
2. School district territory transfer determinations;6
3. The teacher and school counselor evaluation systems;7
4. The annual teacher recognition program; 8 and
5. The Educator Standards Board (ESB).9
However, the bill designates the Director of Education and Workforce, or the Director’s
designee, as a nonvoting, ex officio member of the ESB and its subcommittees.10
The bill expressly reserves responsibility for the adoption of requirements for educator
licensure and licensee disciplinary actions with the State Board, and largely excludes the
Director and DEW from that process. The bill requires the State Board to adopt those
requirements as rules in accordance with the Administrative Procedure Act.
Finally, the bill requires the State Board to make recommendations to the Director
regarding priorities for primary and secondary education. It also requires the state
Superintendent to serve as an adviser to the Director.11
Administration
Under current law, the Department of Education is the organizational unit through
which the state Superintendent administers the policies and statutorily prescribed powers and
duties of the State Board and the state Superintendent.12 With the transfer of control over the
Department from the State Board to the Director, the bill establishes a separate administrative
structure for the State Board and state Superintendent’s powers and duties. That structure is
similar to current law.
5R.C. 3301.071, 3301.074, 3301.28(C)(6), 3302.151(B)(3), 3319.22 to 3319.317, 3319.361, and 3319.51,
most of which are not in the bill.
6 R.C. Chapter 3311, most of which is not in the bill.
7 R.C. 3319.111 to 3319.113.
8 R.C. 3319.67, not in the bill.
9 R.C. 3319.60 to 3319.613.
10 R.C. 3319.60 to 3319.613.
11 R.C. 3301.111(A) and (B).
12 R.C. 3301.13, repealed.
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Specifically, the bill expressly states that, in accordance with the Ohio Constitution, the
state Superintendent remains an appointee of the State Board. It further states that, in
accordance with continuing law, the state Superintendent remains the State Board’s secretary
and executive officer.
The State Board remains subject to all provisions of law regarding state departments,
offices, or institutions. The State Board must employ personnel to carry out its duties and
powers. Subject to the State Board’s policies, rules, and regulations, the state Superintendent
exercises general supervision of those employees and may appoint them, fix their salary, and
terminate their employment.
Finally, the State Board may request DEW’s assistance in exercising the State Board’s
powers and duties. To the extent the Director determines that assistance necessary and
practicable, DEW must provide the requested assistance.13
Implementation deadline
The bill requires the Director, Department, State Board, and state Superintendent to
complete any action necessary to implement the transfer of powers by June 30, 2023.14
Background – State Board of Education
The Ohio Constitution provides that there must be a State Board of Education and a
Superintendent of Public Instruction appointed by the State Board. The selection and terms of
members of the State Board, as well as the powers and duties of the State Board and the
Superintendent, must be prescribed by law.15
Under law unaffected by the bill, the voting membership of the State Board is
19 members, 11 of whom are elected from specified electoral districts (each consisting of three
state Senate districts) and 8 of whom are appointed by the Governor. The chairpersons of the
Senate and House Education committees serve as nonvoting ex officio members.16
WORKFORCE DEVELOPMENT
Career opportunity informational materials
The bill requires DEW to develop and make available informational materials for
seventh and eighth graders about career opportunities available to them, including in-demand
jobs. The materials also must address how a career-technical education may help those
students satisfy state high school graduation requirements.17
13 R.C. 3301.111.
14 Section 9(G).
15 Article VI, Section 4, Ohio Constitution.
16 R.C. 3301.01.
17 R.C. 3313.6020(D)(3).
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In-demand jobs list
The bill requires DEW to participate in the process established under continuing law to
identify and publicize in-demand jobs. Specifically, the bill:
1. Adds DEW to the entities required to develop a methodology to identify in-demand jobs
and use that methodology to create an in-demand jobs list;
2. Requires DEW to post the in-demand jobs list on its website;
3. Adds DEW to the entities required to conduct a survey of employers about in-demand
jobs and use the survey’s results to update the in-demand jobs list; and
4. Adds DEW to the entities required to establish the OhioMe