Summary of HB 322 & HB 327


​What is HB 322? ​

SPONSOR
​ State Rep. Don Jones
​
​TARGETS
School Districts

PROHIBITS
Inculcation of Controversial Content
Related to Race, Sex, Current Events

​IMPACTS​
Model Curriculum & Curricula Standards
Teaching, Instruction, Discussion
Affirmation of Systemic Racism & Identities
Current Events & Controversial Issues
Course Credit, Action Civics, Service Learning


​

​What is Sub HB 327?

​SPONSORS
​State Rep. Diane Grendell
State Rep. ​Sarah Fowler Arthur

​TARGETS
ALL K-12 Schools
(Public, STEM, Community, Charter, Nonpublic)
State Higher Education
State Agencies
State Retirement Systems
Political Subdivisions

PROHIBITS 
Promotion of Divisive Concepts in Education

IMPACTS
​Model Curriculum & Curricula Standards
Teaching, Instruction, Discussion
Current Events & Controversial Issues
Course Credit, Action Civics, Service Learning
Approved List of Activities
Training, Professional Development
Funding & Purchases
Licensure Code of Professional Conduct
Affirmation of Systemic Racism & Identities
Definition of "Sex" as Biological Sex

PENALTIES FOR VIOLATIONS
Suspension & Revocation of Licensure
Action for Injunctive Relief
​

Details of Both Bills
​

​​
​Ohio House Bill 322
​
Ohio House Bill 322 (HB 322) is pending legislation that prohibits the teaching, instructing, promoting, and advocating of "Prohibited Concepts" that center on race and sex, in Pre K-12 schools.

Bill Specifically Targets: 
  • School Districts
Why these bills hurt...
​
Students
Families
Educators
Ohio
Democracy

Sponsors & Committee

Primary Sponsor: 
Ohio State Rep. Don Jones (R-Freeport), District 95

​Introduced: May 25, 2021  
Referred: June 10, 2021 to House State and Local Government Committee
Hearings: 
  • June 15, 2021 - Introduced HB 322 and Heard Sponsor Testimony | WATCH
  • June 23, 2021 - Heard Proponent Testimony | WATCH
  • September 22, 2021 - Heard Proponent, Opponent, Interested Party Testimony | WATCH

Bill Prohibits Controversial Concepts:

  • One race or sex is inherently superior to another
  • An individual is inherently racist, sexist, oppressive (consciously or unconsciously) by virtue of their race or sex
  • An individual should be discriminated against solely based on race
  • Members of one race cannot or should not attempt to treat others without respect to race
  • An individual’s moral standing or worth is determined by their race or sex
  • An individual bears responsibility for actions committed in the past by other members of their sex or race, by virtue of being the same race or sex​​
  • An individual should feel guilt, anguish, or psychological distress based on their race or sex
  • Meritocracy or hard work ethic are racist or sexist, or created by members of a particular race or sex to oppress members of another race or sex
  • Fault, blame, or bias should be assigned to a race or sex (or members of that race or sex) because of their race or sex
  • The advent of slavery in the US constituted the true founding of the US
  • Slavery and racism are anything other than deviations, betrayals, or failures to live up to the authentic founding principles of the US, including liberty and equality​

Bill Specifically Prohibits:

Model Curriculum, Standards, Textbooks​
  • State Board of Education from adopting any model curriculum regarding Prohibited Concepts
  • Approving use of, or carrying out, standards of curricula, lesson plans, textbooks, or instructional material that inculcates prohibited concepts
Teaching, Course Credit, Current Events   ​​
  • Teaching, instructing, or training any administrator, teacher, staff, employee any of the prohibited concepts​​
  • Requiring or awarding course credit or grades for any “action civics” connected to service learning, lobbying, or other work surrounding social or public policy advocacy
  • Requiring the discussion of current events, widely debated, and current controversial issue of public policy or social affairs
Affirmation of Systemic Racism & Identity​
  • Forcing a teacher to affirm belief in systemic racism, multiplicity or fluidity of gender identities, or like ideas, against the teacher’s religious or philosophical beliefs
Funding & Expenses​​
  • Accepting private funding to develop curriculum, purchase course materials, or provide training, or CEU for courses on history, civics, US government, politics, social studies, etc.​

​
​Ohio Sub House Bill 327
​
Ohio Sub House Bill 327 (Sub HB 327) is pending legislation that prohibits the teaching, instructing, promoting, and advocating of ​divisive concepts in K-12, higher education, state agencies, state retirement systems, and political subdivisions. Violations incur severe penalties, including: suspension and revocation of licensure, withholding up to 100% of state funding, and action for injunctive relief against against school districts, schools, and staff.

Bill Specifically Targets: 
  • K-12 School Districts
  • STEM Schools
  • Community Schools
  • Private Schools
  • Charter Schools
  • School Buildings Operated by a School District
  • State Institution of Higher Education ​
  • State Agencies
  • State Retirement Systems
  • Political Subdivisions
Why these bills hurt...
​
Students
Families
Educators
Ohio
Democracy

Sponsors & Committee

Primary Sponsors: 
Ohio State Rep. Diane Grendell (R-Chesterland), District 76
Ohio State Rep. Sarah Fowler Arthur (R-Ashtabula), District 99

​Introduced: May 25, 2021
Referred: June 10, 2021 to House State and Local Government Committee
Hearings:​​
  • February 16, 2022 - Introduced and Adopted New Sub HB 327 | WATCH
  • October 27, 2021 - Introduced and Adopted New Sub HB 327 | WATCH
  • September 22, 2021 - Heard Proponent, Opponent, and Interested Party Testimony | WATCH
  • June 23, 2021 -  Heard Proponent Testimony | WATCH
  • June 15, 2021 - Introduced Sub HB 327 & Heard Sponsor Testimony | WATCH 
Definitions
State Institution of Higher Learning: University of Akron, Bowling Green State University, Central State University, University of Cincinnati, Cleveland State University, Kent State, University, Miami University, Ohio University, Ohio State, Shawnee State University, University of Toledo, Wright State University, Youngstown State University, and public community colleges
​
State Agencies: All departments of the state including the Ohio Department of Education and the Ohio Department of Higher Education. Every organized body, office, or agency established​ by the laws of the state for the exercise of any function of state government.
​
State Retirement Systems: State Teachers Retirement System (STRS), the School EmployeesRetirement System (SERS), the Public Employees Retirement System (PERS), the Ohio Police and Fire Pension Fund, and the State Highway Patrol Retirement System

Political Subdivisions: A county, township, city, village, school district, charter school, or any other government body that is responsible for government activities in a geographic area smaller than that of the state. 
Sex:  Biological sex
National Origin, Race, Color, Ethnicity, and Religion: As described in the original text of the "Civil Rights Act of 1964"
Promote:
  • Seeking to advance or encourage support of a partisan philosophy or religion by indoctrination, coercion, compulsion, or teaching an individual or group of individuals to accept a set of beliefs in a one-sided, biased, and uncritical manner;
  • Inculcating ideas, attitudes, beliefs, and cognitive strategies during the transfer of cultural traditions from one generation to the next with the expectation that such traditions will not be questioned but practiced in the future.
Bill Prohibits Promotion of the Following Divisive Concepts:
  • That individuals of any race, ethnicity, color, sex, religion, or national origin are inherently superior or inferior
  • That individuals should be adversely or advantageously treated, or should treat others disrespectfully, on the basis of their race, ethnicity, color, sex, religion, or national origin
  • That an individual, by virtue of the individual's race, ethnicity, color, sex, religion, or national origin is inherently racist, sexist, or oppressive, whether consciously or unconsciously
  • That individuals, by virtue of their race, ethnicity, color, sex, religion, or national origin bear collective guilt and are inherently responsible for actions committed in the past by other members of the same race, ethnicity, color, sex, religion, or national origin
  • That meritocracy or traits such as a hard work ethic are racist or sexist, or were created by individuals of a particular race, ethnicity, color, sex, religion, or national origin to oppress individuals of another race, ethnicity, color, sex, religion, or national origin
  • That any individual cannot succeed or achieve equality because of the individual's race, ethnicity, color, sex, religion, or national origin
  • That an individual's moral character or worth is necessarily determined by the individual's race, ethnicity, color, sex, religion, or national origin
K-12 Districts and Schools
Prohibited:
State Board of Education ​​
​Adopting any standards, model curricula, professional development resources, classroom resources, or assessments promoting "divisive concepts"
Standards, Curricula, Lessons, Textbooks,  Instruction​​
​Approval and use of standards, curricula, lesson plans, textbooks, instructional materials, or instructional practices that  inculcates or promotes any "divisive concepts"
Course Credit​​
​Negatively affected by a student's grade for refusal to express belief in or support of any "divisive concepts"
Current Events​​
  • Requiring discussion or teaching of current events or widely debated and currently controversial issues of public policy or social affairs
  • Topics must be presented in nonpartisan manner
Affirmation of Racism, Gender Identity, and Sexuality​​
​Requiring teacher's affirmation of:
  • Systemic racism, or like ideas
  • Multiplicity or fluidity of gender identities, or like ideas
Teacher Compliance​​
​Penalizing or discriminating against employee for refusal to support, believe, endorse, embrace, confess, or act upon "divisive concepts"
Professional Development, Training, HR​​
  • Training or professional development that promotes divisive concepts
  • Requiring employee to complete a curriculum promoting "divisive concepts"
Funding & Expenses​​
  • Applying for or acceptance of any federal grants, private funding, or donated materials for the purpose of developing a curriculum, purchasing or selecting a curriculum or course materials, or providing teacher training or professional development for a course that promotes "divisive concepts" banned by the state
  • Expending any moneys to promote "divisive concepts"
Permissible:
Approved List of "Balanced and Non-Partisan Activities" for Students
  • Each school district and charter school must approve an annual list of permissible "balanced partisan and nonpartisan activities" for students
  • Students may only participate in a political campaign, lobbying effort, or practicum involving social or public policy found on the approved list
"Divisive concept" content and discussion, presented in an objective manner, without endorsement, may include:
  • The history of an ethnic group, as described in textbooks and instructional materials that do not violate state prohibitions on “divisive concepts”
  • The nonpartisan discussion of controversial aspects of history
  • The nonpartisan instruction on the historical oppression or treatment of a particular group of people based on national origin, race, color, ethnicity, religion, sex, class, or geographic region
  • Historical documents permitted under statutory law, including, but not limited to, the national motto, the national anthem, the Ohio Constitution, the U.S. Constitution, the Ohio Revised Code, federal law, and United States Supreme Court decisions
  • Nonpartisan questions posed by a teacher meant to promote discussion between students, if teacher does not promote adherence to any of the “divisive concepts”
  • Student research, practice, public speaking, other assigned tasks, and questions, including advocacy of a student's own perspectives or volunteering
  • The promotion of American nationalism
  • The objective teaching of the American Civil Rights Movement

Discussion of any "divisive concepts" by any employee, if they are acting in their own capacity and not as an employee.

Voluntary nonpartisan discussion of public policy issues by a student, school administrator, teacher, or other school employee, even if others may find the topic of discussion unwelcome, disagreeable, or offensive.

For courses with public speaking, speech, or formal debate:
  • Assignment of research, topics of debate, public speaking prompts, or other task
  • Assignment of a grade or score for research, debate, public speaking, or other task
  • Respectful student-to-student discussion or debate 
Licensure Code of Professional Conduct Prohibits Divisive Concepts

Conduct Unbecoming:
  • Promoting a teacher's personal political or ideological belief or position
  • Failing to fairly present both sides of a political or ideological belief or position
  • Unfairly evaluating a student's work because it does not reflect the teacher's political or ideological belief or position
Enforcement & Penalties
​
ENFORCEMENT
State Board of Education
  • Adopts rules to implement the bill and monitor compliance
  • Investigates any report from a student, parent, teacher, or community member alleging that a teacher, school administrator, or school district superintendent 
  • Accused will have an opportunity for a hearing 

VIOLATIONS & PENALTIES
​District Superintendents, Principals, Teachers
State Board of Education will restrict professional licenses:
  • 1st offense: admonish license
  • 2nd offense: suspend license
  • 3rd offense: revoke license

Action for Injunctive Relief Against District, School, Teacher
Parent, guardian, or custodian of any student who feels subjected to indoctrination of  divisive concepts to receive a class grade or graduation credit may sue for injunctive relief against the district, school, or school employee responsible for violation

OFFENSES 
Any confirmed report regarding a single classroom will be considered one offense, regardless of the number of reports submitted regarding that classroom. If the person teaches multiple classes or in multiple buildings, each classroom or building for which a report has been confirmed will be considered a separate offense.
State Institution of Higher Education 
Prohibited:
Teaching, Instruction, Course Credit ​​​
  • Requiring students to complete courses that contain instruction on divisive concepts as a condition of being allowed to select a particular major in an undergraduate program.​​
  • ​Including promotion of civisive concepts as part of new student or freshman orientation teaching, instruction, or training 
Funding & Expenses
  • Expending state moneys to support or promote divisive concepts
Professional Development, Training, HR​​​​​
  • Requiring an employee to complete a curriculum including divisive concepts as a condition or prerequisite for employment
  • Penalizing or discriminating against an employee for their refusal to support, believe, or assent to  divisive concepts
Permissible

Materials used to discuss, instruct, or teach about divisive concepts in an objective manner and without endorsement:
  • History of an ethnic group, as described in textbooks and instructional materials selected in accordance with the textbook selection policy (ORC 3345.025)
  • The discussion of controversial aspects of history
  • The instruction on the historical oppression of a particular group of people based on race, ethnicity, class, national origin, religion, or geographic region
  • Historical documents permitted under statutory law, such as the national motto, the national anthem, the Ohio Constitution, the United States Constitution, the Revised Code, federal law, and United States Supreme Court decisions

The promotion of American nationalism.

The objective teaching of the American civil rights movement.

The discussion of any divisive concepts by any employee, if they are acting in their own capacity and not an as employee.

For a course with public speaking, speech, formal debate:
  • The assignment of research, topics of debate, public speaking prompts, if the professor does not compel or promote adherence to any of those concepts
  • Assignment of a grade or score for research, debate, public speaking, or other task. No student's grade will be negatively affected by the student's refusal to express belief or support for any divisive concepts.
  •  Questions posed by a professor meant to promote discussion between students, if the professor does not compel or promote adherence to divisive concepts
  • Respectful student to student discussion or debate, if the professor does not participate except to enforce classroom decorum or rules of the state institution of higher education
  • Student research, practice, public speaking, other assigned tasks, and questions, including advocacy of a student's own perspectives or volunteering
Enforcement & Penalties:
​
ENFORCEMENT
Board of Trustees of Each State Institution of Higher Education
  • Issues policy developed by the chancellor to all employees, annually review and assess for compliance, submit compliance report to Department of Higher Education
  • Updates policy on faculty tenure to reflect bill’s principles
  • Reviews grant programs and identify any required certification the recipient will not use funds to promote divisive concepts
  • Reviews employee diversity, equity, or inclusion training programs to ensure compliance with bill
  • Ensures that  divisive concepts are not advocated, acted upon, or promoted by the institution, employees, or contractor when providing employee training, workshops, forums, or similar programming 
  • Encourages employees not to judge based on characteristics protected by federal and state law
Chancellor of Higher Education
  • Establishes rules for implementation and enforcement of policy
  • Develops policy that complies with bill and requirements of diversity, equity, and inclusion efforts
  • Prepares and submits biennial report, including detailed information for each violation, to General Assembly by November 30, each even-numbered year, beginning 2022
​​
VIOLATIONS & PENALITIES
Grievance & Appeals Process: Student may file a grievance using the institution's standard student grievance process if they believe they were discriminated against or penalized for not believing in or supporting a divisive concept
  • Institution must confirm or deny complaint within 14 days
  • If confirmed, the institution must:
    • ​Redact the student's grade associated with the course and modify the transcript 
    • Refund and credit the tuition for the course 
  • If denied, student may appeal to the chancellor - chancellor must affirm or overrule appeal within 14 days of receipt
    • ​If overruled, the chancellor will withhold the institution's state share of instruction proportionate to total number of students enrolled in the violating class
      • State share will be fully restored if the ​institution complies within 30 days of determination, inaction beyond 30 days is a forfeiture of funds and funds will be credited to the general revenue fund
      • Institutions receiving annual payments: lump sum will be withheld annually for any semesters with a violation​
      • Institutions receiving monthly payments: funds will be withheld over the semester following the violation
State Agencies & Political Subdivisions
Prohibited:
Teaching, Instruction, Training ​​
​Teaching, instructing, and training that promotes  divisive concepts to employees, contractors, or staff​
Funding & Expenses​​​​
  • Applying for any federal grants or accepting private funding to develop, select, or purchase a curriculum, or provide professional development for a course promoting  divisive concepts​
  • Expending any moneys to promote  divisive concepts
Human Resources​​
  • Requiring an employee to complete a curriculum including divisive concepts as a condition or prerequisite for employment
  • Penalizing or discriminating against an employee for their refusal to support, believe, or assent to  divisive concepts​
Permissible

Materials used to discuss, instruct, or teach about divisive concepts in an objective manner and without endorsement:
  • History of an ethnic group, as described in textbooks and instructional materials selected in accordance with the textbook selection policy (ORC 3345.025)
  • The discussion of controversial aspects of history
  • The instruction on the historical oppression of a particular group of people based on race, ethnicity, class, national origin, religion, or geographic region
  • Historical documents permitted under statutory law, such as the national motto, the national anthem, the Ohio Constitution, the United States Constitution, the Revised Code, federal law, and United States Supreme Court decisions
Enforcement and Penalties:

ENFORCEMENT
Heads of State Agencies & Political Subdivisions
  • Issue policy developed by Dept. of Administrative Services to all employees, annually review to assess​compliance, and submit annual compliance report to Dept. of Administrative Services
  • Review grant programs, identify any requiring certification that recipient will not use funds to promote divisive concepts
  • Review employee diversity, equity or inclusion training programs to ensure compliance
  • Ensure compliance of political subdivisions and employees during work hours, and contractors
  • Encourage employees not to judge based on characteristics protected by federal and state law
  • Evaluate and consider debarment of contracted entity for violations
​
Department of Administrative Services
  • ​Develop and distribute policy that:
    • Complies with bill, specifically list of prohibitions and civisive concepts
    • Incorporates the requirement of diversity and inclusion efforts
    • Encourages employees not to judge based on characteristics protected by federal and state law
    • Establishes rules for implementation and enforcement of policy
    • Policy must be reviewed and approved by Joint Committee on Agency Rule Review (JCARR)
  • Prepare and submit biennial compliance report to General Assembly by Nov 30, each even-numbered year, beginning 2022


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