HOUSE BILL 8
Summary of House Bill 8
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SPONSOR(S)
Rep. D.J. Swearingen (District 89) Rep. Sara Carruthers (District 47) TARGETS K-12 School Districts LGBTQ+ students and families DESCRIPTION Requires parental notification about any changes to their student's mental, physical, or emotional being; requires parental notification about "sexually explicit content"; vague definition of "sexually explicit content" could be conflated to include LGBTQ+ people or identities |
COMMITTEE
Senate Education Committee INTRODUCED February 15, 2023 TESTIMONY Read Testimony | Watch Hearings Sponsor Testimony, Co-Sponsor BILL General Info | As-Written | Analysis Amendment 1 | Amendment 2 |
What does House Bill 8 do?
House Bill 8, the "Unsafe Students Act," requires boards of education for city, local, exempted village, and joint vocational school districts to adopt the following parental notification policies:
"Sexually Explicit Content"
Student Mental, Emotional, Physical Health and Healthcare Services
Update: a new amendment to the bill was approved by the House Primary and Secondary Education Committee on June 6, 2023. The amendment focuses on "sexuality content," and specifies how schools should handle such content.
"Sexually Explicit Content"
- Notify a parent of any material containing "sexually explicit content" prior to its usage, and identify the content
- Allow a parent to review "sexually explicit content" instructional material and, if requested, provide that student with alternative instruction that does not include "sexually explicit content"
- HB 8 defines "sexually explicit content" as any description of or any picture, photograph, drawing, motion picture film, digital image, or similar visual representation depicting sexual conduct
Student Mental, Emotional, Physical Health and Healthcare Services
- District must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children
- Notify parent of any change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being or the school's ability to provide a safe and supportive learning environment for the student
- Prohibit district from preventing parental access to the student's education and health records maintained by the school
- Prohibit district personnel from directly or indirectly encouraging a student to withhold from a parent information concerning the student's mental, emotional, or physical health or well-being, or a change in related services or monitoring
- School may withhold student information if a reason person believes disclosure would result in a parent abusing, abandoning, or neglecting the student, school personnel; this belief may not be based on the parent’s religious or political beliefs
- Notify parents at the start of each school year about the healthcare services offered by the school and create a parent-approved healthcare plan for each student
- Allow parents to file a written concern with the school about topics in the bill; notify parents of this permission; and establish a process to resolve the concern within 30 days of its receipt
Update: a new amendment to the bill was approved by the House Primary and Secondary Education Committee on June 6, 2023. The amendment focuses on "sexuality content," and specifies how schools should handle such content.
- Sexuality content is defined as "oral or written instruction, presentation, image, or description of sexual concepts or gender ideology"
- Schools must "disclose to parents any instructional material that includes sexuality content"
- "Upon request of the student's parent, a student shall be excused from instruction that includes sexuality content and be permitted to take an alternative class"
- If the parent's request is not responded to within 30 days, the parent may request a hearing from the school board of their district
- Local school boards must hold "a hearing for any request received from a parent" and "make a determination regarding the parent's concern"
- Clarifies that any changes in the following must be reported by the school to the family:
- "A student's academic performance"
- "Any sickness, physical injury, or psychological trauma suffered by a student"
- "Any pattern of bullying or harassment by or against a student in violation of school district policy"
- "Any request by a student to identify as a gender that does not align with the student's biological sex"
- "Exhibition of suicidal ideation or persistent symptoms of depression, severe anxiety, or other mental health issues"
Want to learn more about the processes that already govern explicit content and parental notification in Ohio?
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Public schools must establish policies on parental involvement in schools that allow parents to be actively involved in their children’s education and maintain “consistent and effective” communication between parents and their children’s schools. MORE |
School districts must establish a parental advisory committee or some other strategy to enable parental review of instructional materials and academic curricula. MORE |
Learn more about what happens if a student comes out at school on our Know Your Rights page.
What is our position on House Bill 8?
OPPOSE
The language in the Unsafe Students Act is harmful to LGBTQ+ students.
Requiring a district to report "changes to a student's mental, emotional, or physical health or well-being" to a parent is code for requiring districts to out LGBTQ+ students to their family. Sharing this deeply personal information without student consent can be traumatizing and dangerous for the student. Schools must remain a safe, trusted space for students and educators. This vague standard goes against the Whole Child Framework of the Department of Education, which emphasizes “equity and [the] specific needs of individual students" as one of the core tenets of our strategic plan for education.
The Unsafe Students Act creates dishonesty in education.
The proposed language would decrease access to medically accurate sex education, which local schools may be providing to their students. The bill does not require a standard of medical accuracy in the instructional materials used in high schools across the state.
The vague definitions in this bill are a gateway for censorship.
The intentionally vague definition of "sexually explicit content" offers no practical understanding of what qualifies as sexually explicit allowing some to remove diverse, inclusive content and material. Worse, the definition is a politicized dog whistle targeting gender identity, sexuality, diverse family dynamics, and relationships.
Ohio already has regulations that govern parental notice, review, and opting out of instruction.
Public schools are already required to establish policies that allow parents to be actively involved in their children’s education and maintain “consistent and effective” communication between parents and their children’s schools MORE. Districts must establish a parental advisory committee or some other strategy to enable parental review of instructional materials and academic curricula MORE.
The “oversight” outlined in this bill could create a culture of intimidating or targeting educators.
This bill foments division and distrust of educators and creates a pipeline for the community to micromanage educators. It is important for students and families to have safe, trusted relationships with educators and leaders.
This could add significant strain and tension in an already strained and tense education system.
Our education system is facing incredible challenges right now: a state-wide teacher shortage, COVID-related learning loss, under-funding, the need for mental health services for students, not to mention the fear & trauma caused by recent gun violence incidents.
Federal level leaders have roundly rejected this type of legislation.
Legislation similar to the Unsafe Students Act was introduced in Congress, where even conservative legislators disagreed with its intent and scope. The White House has specifically noted that this type of legislation puts LGBTQ+ students at greater risk, politicizes education, and fails to deliver the resources that schools and families need.
Requiring a district to report "changes to a student's mental, emotional, or physical health or well-being" to a parent is code for requiring districts to out LGBTQ+ students to their family. Sharing this deeply personal information without student consent can be traumatizing and dangerous for the student. Schools must remain a safe, trusted space for students and educators. This vague standard goes against the Whole Child Framework of the Department of Education, which emphasizes “equity and [the] specific needs of individual students" as one of the core tenets of our strategic plan for education.
The Unsafe Students Act creates dishonesty in education.
The proposed language would decrease access to medically accurate sex education, which local schools may be providing to their students. The bill does not require a standard of medical accuracy in the instructional materials used in high schools across the state.
The vague definitions in this bill are a gateway for censorship.
The intentionally vague definition of "sexually explicit content" offers no practical understanding of what qualifies as sexually explicit allowing some to remove diverse, inclusive content and material. Worse, the definition is a politicized dog whistle targeting gender identity, sexuality, diverse family dynamics, and relationships.
Ohio already has regulations that govern parental notice, review, and opting out of instruction.
Public schools are already required to establish policies that allow parents to be actively involved in their children’s education and maintain “consistent and effective” communication between parents and their children’s schools MORE. Districts must establish a parental advisory committee or some other strategy to enable parental review of instructional materials and academic curricula MORE.
The “oversight” outlined in this bill could create a culture of intimidating or targeting educators.
This bill foments division and distrust of educators and creates a pipeline for the community to micromanage educators. It is important for students and families to have safe, trusted relationships with educators and leaders.
This could add significant strain and tension in an already strained and tense education system.
Our education system is facing incredible challenges right now: a state-wide teacher shortage, COVID-related learning loss, under-funding, the need for mental health services for students, not to mention the fear & trauma caused by recent gun violence incidents.
Federal level leaders have roundly rejected this type of legislation.
Legislation similar to the Unsafe Students Act was introduced in Congress, where even conservative legislators disagreed with its intent and scope. The White House has specifically noted that this type of legislation puts LGBTQ+ students at greater risk, politicizes education, and fails to deliver the resources that schools and families need.
TAKE ACTION
HOW TO SUBMIT TESTIMONY
**DO NOT SEND TESTIMONY UNTIL THE APPROPRIATE HEARING IS ANNOUNCED**
STEP 1:
PREPARE YOUR TESTIMONY
Read tips for preparing and submitting testimony HERE
STEP 2:
EMAIL TESTIMONY DOCUMENTS TO COMMITTEE
Email a PDF of your testimony & this completed Witness Slip to
rep63@ohiohouse.gov
**IMPORTANT**
Do NOT send your testimony until the appropriate hearing is announced.
You must submit your testimony 24 hours ahead of the scheduled hearing.
Indicate in your email that you are submitting opposition testimony this bill and ask for a confirmation of receipt.
All testimony will be uploaded HERE
STEP 3:
ARRIVE EARLY FOR IN-PERSON TESTIMONY
Arrive at least 1 hour prior to the scheduled hearing
There is convenient parking in the Statehouse Parking Garage
Sign in on the witness roster in the hearing room