Quick Summary of Both Bills


​What is HB 322? ​

SPONSOR
​ State Rep. Don Jones
​
​TARGETS
Pre K-12 

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
Pre K-12
Higher Ed
Political Subdivisions

PROHIBITS 
Promotion of "Divisive Concepts" in Education

IMPACTS
​Model Curriculum & Curricula Standards
Teaching, Instruction, Discussion
Course Credit
Training, Professional Development, CEU
Funding & Purchases

PENALTIES FOR VIOLATIONS
25, 50, 100% of State Funding
Suspension & Revocation of Licensure
Civil Action Against District, School or Employee
Tenure and Contracts

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
  • STEM Schools
  • Community Schools
  • School Buildings Operated by a School District
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
  • June 23, 2021 - Heard Proponent Testimony
  • September 22, 2021 - Heard Pro, Opp, Interested Party Testimony

HB 322 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.​

PROHIBTED CONCEPTS defined as:

  • 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​

​
​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 Pre K-12, higher education, and political subdivisions. Violations incur severe penalties, including: suspension and revocation of licensure, denial of tenure and employment , and withholding up to 100% of state funding.

Bill Specifically Targets: 
  • K-12 School Districts
  • STEM Schools
  • Community Schools
  • School Buildings Operated by a School District
  • Nonpublic School Enrolling Students Using a State Scholarship Program
  • Higher Education Institutions​
  • 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
Hearing:
  • June 15, 2021 - Introduced Sub HB 327 (1) & Sponsor Testimony
  • June 23, 2021 -  Heard Proponent Testimony
  • September 22, 2021 - Heard Pro, Opp, Interested Party Testimony​
  • October 27, 2021 - Introduced and Adopted Sub HB 327 (2) 
Bill Prohibits Promotion of "Divisive Concepts",
​defined as:
  • One nationality, race, color, ethnicity, religion, or sex is inherently superior to another, as described in the Civil Rights Act of 1964
  • US is fundamentally racist or sexist
  • An individual is inherently racist, sexist, oppressive (consciously or unconsciously) by virtue of their nationality, color, ethnicity, race, sex, or religion
  • An individual should be discriminated against or receive adverse treatment solely based on their nationality, color, ethnicity, race, sex, or religion
  • Members of one nationality, color, ethnicity, race, sex, or religion cannot or should not attempt to treat others disrespectfully based on nationality, color, ethnicity, race, sex, or religion
  • An individual’s moral character is determined by their nationality, color, ethnicity, race, sex, or religion
  • Individual bears responsibility for actions committed in the past by other members of same nationality, color, ethnicity, race, sex, or religion
  • Meritocracy or hard work ethic are racist or sexist, and created by members of a particular nationality, color, ethnicity, race, sex, or religion to oppress other members of nationality, color, ethnicity, race, sex, or religion
  • Any other form of race or stereotyping or race or sex scapegoating
"Promote" and "Promotion" defined as:
  • Seeking to advance or encourage support of a partisan philosophy or religion by indoctrination, coercion, or furthering divisive concepts by 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 Specifically Prohibits:

K-12 Schools
​Model Curriculum, Standards, Textbooks
  • State Board of Education from adopting any model curriculum, standard, professional development resources, etc, that promote Divisive Concepts
  • School District Boards of Education from selecting any textbook, instructional material or academic curriculum that promotes Divisive Concepts
Teaching, Instruction, Course Credit ​​
  • Teaching, instructing, training, advocating or promoting of Divisive Concepts
  • Awarding credit towards high school graduation for subject matter or courses that promote Divisive Concepts​
  • Requiring a student to advocate for or against a specific topic or point of view to receive credit for coursework or graduation credit
Professional Development, Training, HR​​
  • Promotion of professional development that promotes Divisive Concepts​​
  • School or higher education institution from requiring a teacher, administrator, employee to complete a curriculum including Divisive Concepts as a condition or prerequisite for employment
  • School or higher education institution from penalizing or discriminating against a teacher, administrator, employee for their refusal to support, believe, or assent to Divisive Concepts
  • Higher education institutions from including Divisive Concepts in new student or freshman orientation teaching, instruction, or training
Funding & Expenses​​
  • Applying for any federal grants to develop or select a curriculum, purchasing course materials, or provide teacher training for a course about Divisive Concepts
  • Acceptance of private funding for the purpose of developing curriculum, purchasing or selecting course material, or providing teacher training or PD for a course promoting Divisive Concepts
  • Expending any monies in support of teaching Divisive Concepts​

Punishment for Violations:

K-12
School District & Schools
  • Superintendent of Public Instruction & Dept of Education will withhold 25%, 50%, 100% of state funding for 1st, 2nd, 3rd offense, respectively, for reckless or knowing violations
Superintendents, Principals, Teachers
  • State Board of Education (BOE) will issue admonishment of license, suspend license, revoke license for 1st, 2nd, 3rd offense, respectively, for reckless or knowing violations
Encourages Civil Action Against Public Schools
  • Permits parent, guardian, or custodian of any student who feels subjected to indoctrination of divisive concepts to receive class grade or graduation credit to bring a civil action against the district, school, or individual employee responsible for violation

​Higher Education Institutions​
  • Student may file complaint against 
  • Chancellor & Dept of Higher Education must withhold 25%, 50%, 100% of state funding for 1st, 2nd, 3rd offense, respectively
  • Board of Trustees of each State Institution of Higher Education may deny tenure and employment, and debar contractors​
Permissible Use of "Divisive Concepts" Content:

"Divisive Concepts" content must be presented in an objective manner, without endorsement

Material and discussion may include:
  • History of an ethnic group, as described in textbooks and materials adopted in accordance with the Ohio Revised Code
  • Impartial discussion of controversial aspects of history
  • Impartial instruction on historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region
  • Historical documents permitted under statutory law: national motto, national anthem, Ohio Constitution, US Constitution, Ohio Revised Code, federal law, US Supreme Court decisions
  • For public speaking, formal debate or similar subject matter within public school or higher education:
    • Teacher/professor must remain neutral and not promote "Divisive Concepts" in the assignment of research or other work, assignment of grade or score, assignment of unbiased and impartial questions
Responsibilities, Enforcement, Punishment:

​Pre K-12 Schools
​
Superintendent of Public Instruction & Dept. of Education (DOE)
  • Responsible for determining school district and school compliance
  • Issue penalties to school district or school for reckless or knowing violations of bill (requires confirmed report from student, parent, teacher, or community member)
  • 1st, 2nd, 3rd offense incur 25%, 50%, 100% withdrawal of state funding, respectively

State Board of Education (BOE)
  • Adopts rules regarding implementation of bill and monitoring compliance
  • Issues penalties to teacher, principal, or school district superintendent for reckless or knowing violation of bill (requires confirmed report) :
    • 1st Offense: issue official licensure admonishment
    • 2nd Offense: suspend licensure, for time determined by severity of violation
    • 3rd Offense: revoke licensure, for time determined by severity of violation
  • Prepares and submits annual compliance report to the General Assembly, including detailed information on confirmed reports and copy of each complaint filed by June 30, beginning 2022

​Higher Education Institutions

Chancellor of Higher Education
  • Establishes rules for implementation and enforcement of policy
  • Develops policy that complies with bill (similar to Dept. of Administrative Services policy)
  • Prepares and submits biennial report, including detailed information of any confirmed violation, to General Assembly by Nov 30, each even-numbered year, beginning 2022
  • If Chancellor determines a violation through a confirmed report, the Dept. of Higher Education must withhold state funding until the institution complies:
    • 1st, 2nd, 3rd offense incur 25%, 50%, 100% withdrawal of state funding, respectively

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 Dept. of Higher Education
  • Updates policy on faculty tenure to reflect bill’s principles
  • Considers faculty violations as negative decision factors for employment and tenure
  • Reviews grant programs and identify any required certification the recipient will not use funds to promote "Divisive Concepts"
  • Reviews employee diversity or inclusion training programs to ensure compliance with bill
  • Ensures compliance of political subdivisions and employees during work hours, and contractors
  • Encourages employees not to judge based on characteristics protected by federal and state law
  • If contracted entity promotes "Divisive Concepts" and violates public contract, evaluate pursuit of contractor debarment

​Political Subdivisions, State Agencies, Department of Administrative Services
Political Subdivisions
  • Review grant programs, identify any requiring certification that recipient will not use funds to promote "Divisive Concepts"
  • Review employee diversity 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
  • 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
​
​Heads of State Agencies
  • Review grant programs and identify any requiring certification that recipient will not use funds to promote "Divisive Concepts"
  • Review employee diversity or inclusion training program to ensure compliance
  • Ensure compliance of 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 policy that:
    • Complies with bill, specifically list of prohibitions and "Divisive Concepts"
    • Incorporates the requirement of diversity and inclusion efforts
    • Encourage employees not to judge based on characteristics protected by federal and state law
  • Establish rules for implementation and enforcement of policy, to include political subdivision employees
  • Prepare and submit biennial compliance report to General Assembly by Nov 30, each even-numbered year, beginning 2022