UPDATE: House Bill 206 passed out of the legislature on 12/18/24 and is now headed to Governor DeWine's desk for a signature. Call 614-644-4357 to urge a veto.
STOP HB 206
Say NO to harmful expulsion policies that may target and profile
vulnerable, marginalized students!
House Bill 206
Summary of House Bill 206
Allows local school boards to create a policy authorizing the superintendent to expel a student from school for up to 180 school days “for actions the superintendent determines pose imminent and severe endangerment to the health and safety of other pupils or school employees”; Superintendent must must develop conditions for the student to return; Superintendent could expel/suspend the student even if the student’s actions do not qualify for permanent exclusion under current law; There is no limit on the number of times the superintendent can extend an expulsion TARGETS Board of education of any city, exempted village, or local school district |
What does House Bill 206 do?
Allows school boards to establish a policy for the indefinite expulsion of a student that a superintendent
determines is dangerous to students and staff.
determines is dangerous to students and staff.
Gives the board of education of any city, exempted village, or local school district the ability/authority to establish a policy (ORC 3313.661) authorizing the school superintendent to expel/suspend a student from school for up to 180 school days “for actions the superintendent determines pose imminent and severe endangerment to the health and safety of other pupils or school employees.”
The superintendent could expel/suspend the student even if the student’s actions do not qualify for permanent exclusion under ORC 3313.662.
Assessment for Return to School
- Once the student is expelled/suspended, the superintendent must develop conditions that the student must meet before they are reinstated.
- The superintendent must provide a copy of these conditions in writing to the district board, the student, and the student’s parent/guardian at the beginning of the expulsion period.
- One of the reinstatement conditions must be a psychiatric assessment to determine whether the student poses a danger to themselves or to others in the school.
- The assessment will be completed by a psychiatrist, psychologist, or school psychologist employed or contracted by the district. The district board and the student’s parent/guardian must both agree on the person conducting the assessment.
- The district will pay in full for an assessment completed by a psychiatrist, psychologist, or school psychologist that is employed or contracted by the district.
- If the psychiatrist, psychologist, or school psychologist is not employed or contracted by the district, the cost of the assessment will be billed to the student’s health insurance.
- Any costs not covered by the student’s health insurance will be split equally between the district and the student’s parent/guardian.
If a Board of Education adopts a resolution pursuant to ORC 3313.66, the Board must do both of the following:
- Establish guidelines for appropriate conditions that the superintendent can develop.
- Develop a list of alternative educational options for students who are expelled.
End of Expulsion Period
- At the end of the expulsion/suspension period, the superintendent must assess the student and determine whether they have shown sufficient rehabilitation to be reinstated.
- They must consider both the psychiatric assessment and whether or not the student has met the reinstatement conditions.
- If the superintendent decides the student “has shown sufficient rehabilitation,” the superintendent can reinstate that student.
- If the superintendent decides the student “has NOT shown sufficient rehabilitation,” the superintendent can extend the expulsion for up to 90 school days.
- If the superintendent extends the expulsion period, they must develop conditions for the student to satisfy prior to reinstatement,
- These conditions can be the same as those developed for the original expulsion period.
- The superintendent must provide a copy of the conditions in writing to the district board, the student, and the student’s parent/guardian at the beginning of the extended expulsion period.
- At the end of the extended expulsion period, the superintendent will reassess the student and can reinstate the student or may extend the expulsion for another 90 school days.
- There is no limit on the number of times the superintendent can extend an expulsion.
Ending Expulsion Period Early
- The superintendent can end any expulsion period early on a case-by-case basis, if they decide the student has met all conditions.
- A student or parent/guardian can request an early assessment of the student at any time.
- If requested, the superintendent will do an early assessment of the student and make a determination.
- A student or parent/guardian can request one early assessment for the original expulsion period and one assessment for each extended expulsion period.
Educating Student During Expulsion
- No later than five days after the beginning of the original expulsion period or any extended expulsion period, the superintendent must develop a plan for the continued education of the student
- This plan must be made in consultation with the student and their parent/guardian, and offered in an alternative setting, including:
- instruction at home
- enrollment in another district or other type of public or nonpublic school
- any other form of instruction that complies with ORC 3321
The student or their parent/guardian can appeal any expulsion determination made by the superintendent in the manner prescribed by current law.
**Do NOT submit testimony until the appropriate hearing is announced**
HOW TO SUBMIT TESTIMONY
PREPARE YOUR TESTIMONY
Read tips for preparing and submitting testimony HERE
EMAIL TESTIMONY DOCUMENTS TO COMMITTEE
Email a PDF of your testimony & this completed Witness Slip to OHRPrimary&[email protected]
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You must submit your testimony 24 hours ahead of the scheduled hearing.
Indicate in your email that you are submitting testimony and ask for a confirmation of receipt.
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