A bill that would require school districts to create policies on mandatory religious exemption hours and require teachers to disclose students’ sexuality to parents has just headed to Ohio Gov. Mike DeWine’s desk for his signature.
During the marathon session, the Ohio Senate voted 24-7 pass House Bill 8 and the Ohio House voted 57 to 31 to agree with the changes made to the bill. After receiving the bill, DeWine has 10 days to sign HB 8 or veto it.
State Reps. DJ Swearingen, R-Huron, and Sara Carruthers, R-Hamilton, introduced HB 8 last year. The bill was known among supporters as the “Parents’ Bill of Rights,” while opponents called it the “Don’t Say You’re Gay” bill.
“With the Parents’ Bill of Rights, we’re trying to preserve that crucial parent-child relationship in the school system,” Swearingen said.
HB 8 would require public schools to provide parents with advance notice of sexually explicit material and provide them with the opportunity to request alternative instruction.
It would also ban the teaching of any sexual content to students in kindergarten through third grade. HB 8 defines sexual content as “an oral or written instruction, presentation, depiction, or description of sexual concepts of gender ideology.”
The Senate Education Committee added Amendment to the bill regarding the time of religious exemption last week.
Ohio law currently allows school district boards of education to adopt a policy allowing students to attend religious education classes during the school day, but this would change the wording in the Ohio Revised Code from “may” to “shall” – meaning it would constitute a mandate for school districts in Ohio.
The U.S. Supreme Court upheld parole time laws in 1952 W. Clauson’s Zorach in this case, which allowed a school district to order students to leave school for part of the day to attend religious education classes.
Teaching during non-religious time must meet three criteria: classes must take place outside the school premises, be financed from private funds, and students must have their parents’ consent.
Two school districts in central Ohio, Westerville and Worthington, recently repealed their religious exemption time policies. Both districts were previously allowed LifeWise Academy accepts public school students off campus for Bible classes during school hours.
LifeWise Academy is a Hilliard-based, enrollment-only religious education program 50,000 students in 29 states — including about 160 School districts in Ohio.
The Senate Education Committee made some amendments to HB 8, including an amendment requiring school districts to work with religious-free time organizations to select a time to teach the course during the school day.
Another amendment requires a criminal background check for every religious exemption instructor or volunteer. This amendment was introduced at the request of Ohio House Speaker Jason Stephens, R-Kitts Hill, Brenner said.
Discussion on the Senate floor
There was a long, almost hour-long discussion on HB 8 on the Senate floor.
State Sen. Louis W. Blessing, III, R-Colerain Township, was the only Republican in the Senate to vote against the bill, comparing it to pro-life legislation that passed the Statehouse just to get Ohioans to adopt the amendment to the constitution regarding abortion rights.
“I’m concerned that we’re seeing a similar dynamic where we will continue to pass legislation that tests the boundaries of religion and public education, which will end up moving from the courts to the ballot or both,” he said.
State Sen. Andrew Brenner, D-Delaware, said parents have the right to make decisions about their children’s education.
“Disclosure is required to a student’s parents or guardians if the student requests to be identified as a gender other than his or her gender at birth,” Brenner stated.
State Sen. Bill DeMora, R-Columbus, said HB 8 has “no redeeming qualities whatsoever.”
“This is another example of a solution looking for a problem,” he said. “This puts students seeking help from teachers and school counselors at risk. We must trust that school professionals will engage parents when necessary.”
State Sen. Kent Smith, D-Euclid, said this bill would pit children against counselors, counselors against parents, and parents against children.
“It can break the team relationship that has worked so well between the child, parent and counselor,” he said.
State Sen. Michele Reynolds, R-Canal Winchester, said the religious leave time policy promotes religious freedom.
“This legislation gives parents that freedom and they can incorporate faith-based learning into their child’s education or choose not to participate, they don’t have to participate,” she said.
Sen. Minority Leader Nickie Antonio, D-Lakewood, said it’s ironic that the bill is known as the “Parents’ Bill of Rights.”
“If you haven’t felt comfortable telling your parents about your sexual orientation or gender identity, chances are there’s a good reason,” she said.
Discussion upstairs
Before the House vote, there was a lively 30-minute discussion on the bill, and three Republican state representatives voted against the bill – Jamie Callender, Gayle Manning and Andrea White.
“You combine religion with education in public schools” said state Rep. Joe Miller, D-Amherst. “We make this extremely difficult in the public school system. By forcing religious-free time into public schools, you are disrupting the mission of our constitutional obligation to provide them with an education.”
Carruthers said the intent of the bill is to allow parents and teachers to work together.
“The amendment also talks about religion,” she said. “It also means that if they wanted to learn Hebrew, if they wanted to learn any other possible religion, this is the religion. It doesn’t say anything else. I also find it lenient.”
Ohio House Minority Leader Allison Russo, D-Upper Arlington, asked why religious organizations cannot offer before or after school programs.
“If the real goal is to support families and if the real goal is to grow a community of faith, trust me, we’ll have a much larger audience if you offer before- and after-school care,” Russo said. “You don’t have to do it in the middle of the school day.”
Follow the OCJ reporter Megan Henry in Bluesky.
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